Terms of Use

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* Note: RBE = Company that owns and controls Rakeback Engine

             GENERAL TERMS

1. Successful Applicants shall accept receive one website with free hosting and up to five (5) email accounts under the said domain.
2. Successful Applicants shall receive a non-exclusive license to use the Rakeback Engine software and Content Management System (CMS) installed into their website.
3. Successful Applicants are entitled to one change of design and/or trade name free of charge, but RBE is entitled to refuse design changes that it deems too elaborate or complex.  A quote and charge will apply to any further design and/or trade name changes.
4. Successful Applicants agree that RBE owns all rights to and intellectual property in the Rakeback Engine software and CMS.
5. Successful Applicants agree that any information pertaining to rakeback percentages, affiliate percentages, RBE percentages/commissions, business practices and business agreements/arrangements with third parties are strictly confidential both for the duration of this agreement and, if applicable, following termination of this agreement.
6. Successful Applicants agree to use their best endeavours to promote and market their website and to build a database of customers who generate a minimum of five thousand dollars ($5000 USD) of net rake per month.
   
   
   REVENUES
7. Successful Applicants agree to and accepts the percentage of revenue and rakeback offered by RBE prior to accepting delivery of their website.
8. Successful Applicants acknowledge that RBE owns and controls certain affiliate accounts to online poker rooms that are offered through Successful Applicants’ website and Successful Applicants are not entitled to access to the these affiliate accounts. 
9. RBE is entitled to reduce any percentages of revenue offered if RBE is subject to a reduction in revenue share or commission by any of the online poker rooms or their affiliate departments.
10. RBE may, at its own discretion, integrate affiliate accounts owned by Successful Applicants into Rakeback Engine.
11. RBE acknowledges that Successful Applicants own and control the affiliate account that they integrate, but RBE must be provided with direct access to these accounts and/or statistical data for the purposes of building a parser and integrating the affiliate accounts into Rakeback Engine software.
12. RBE is fully entitled to refuse any request to integrate an existing or future affiliate account owned and controlled by Successful Applicants and is also entitled to refuse and/or prevent the promotion of any online poker room through any Successful Applicant’s website.
13. In the event that an online poker room pays either RBE or Successful Applicants in a currency other than United States Dollars, the payment shall be converted to United States Dollars according to the rate provided by the XE Universal Currency Converter (www.xe.com/ucc) on the date of payment.
    
    
    TERMINATION
14. RBE has the right to terminate this agreement immediately and close a Successful Applicant’s website if the Successful Applicant:
    a. commits any illegal act in relation to their website, including but not limited to, fraud, money laundering or spamming; or
    b. passes off ownership of the Rakeback Engine software; or
    c. duplicates or attempts to duplicate the Rakeback Engine software or CMS; or
    d. does not settle any outstanding debt to RBE within sixty (60) days of the commencement of the debt; or
    e. negligent, wilfully and recklessly exposes RBE and/or any of its third party affiliate providers to censure, restrictions, cautions or penalties from an online poker network, governing body or legal authority; or
    f. fails to take adequate precautions in relation to any customer relationship management systems; or
    g. a breach confidentiality (see term five (5) of this agreement).
15. This agreement may be terminated by either party provided that they give the other party at least three (3) months notice. 
16. This agreement may be terminated immediately if either party is wound up, becomes insolvent or cannot continue to commercially trade for any reason.
17. RBE may terminate this agreement immediately if a Successful Applicant does any act or thing which causes harm or otherwise materially impacts on the goodwill and/or reputation of RBE.
18. RBE reserves the right to retain and migrate the customer base of a Successful Applicant if this agreement is terminated for any reason other than term fifteen (15) or sixteen (16) of this agreement.
19. In the event that this agreement is terminated pursuant to term fifteen (15) or sixteen (16) of this agreement, RBE agrees to relinquish control of the Successful Applicant’s customer base and authorise the migration of the online poker accounts registered under their website to any affiliate account nominated by the Successful Applicant.
20. On the date of termination of this agreement, RBE shall close and discontinue any form of access to the Successful Applicant’s website and any mailboxes under this domain.
21. Successful Applicants agrees that RBE is under no obligation to provide any statistical data pertaining to the online poker accounts registered to customers beyond the date of termination.
22. The provision of Rakeback statistics, services and any revenue distributions in respect of any online poker room shall automatically terminate immediately and retrospectively (if and where applicable) if the online poker room and/or supplier of the Rakeback statistics, products, services and/or revenue to RBE withdraws or terminates the provision of such statistics, products, services or distribution of revenue for whatever reason. For the avoidance of doubt, RBE shall not be liable to Successful Applicants or any of Successful Applicants’s customers for any losses arising out of such automatic termination.
    
    
    OTHER TERMS
23. RBE shall not knowingly disclose the details of Successful Applicants’s customer base to non-interested parties.
24. RBE and the Successful Applicant are entitled to assign, sell or transfer the benefits and burdens of this agreement with thirty (30) days written notice.
25. Should any term of this agreement be invalid, illegal or otherwise unenforceable, the validity, legality or enforceability of all other terms shall not been affected.
26. This agreement and any legal disputes arising from this agreement shall be governed by and construed by the laws of Estonia.
27. Save in the case of fraudulent misrepresentations, this agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior communications, undertakings and agreements relating to it.
28. Neither party shall be liable to the other in respect of anything with may constitute a breach of this agreement arising by reason of force majeure.