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Pokerstars Partners have updated definitions, Minimum Player Rule, more
TERMS SPIDERED ON MARCH 25TH, 2013 09:11 AM
SUMMARY: Pokerstars, still predatory, updated definitions and their Minimum Player Rule (plus more).
Definitions
1. Preamble and Definitions
1.1. When used in this Agreement, each of the following terms shall have the meaning attributed to it below:
Club shall mean a poker club established using Home Games.
Club Manager shall mean an Internet user who establishes a Club.
Member shall mean an Internet user who is a member of a Club but is not the Club Manager. Commission shall have the meaning given to it in Clause 4.1 below.
CPA Commission means commission calculated on the basis of the number of Qualified Poker Players per month.
Effective Date shall mean the date of you executing this Agreement.
Expenses shall mean freerolls, bonuses or promotional amounts given to the player, uncollectible revenues (including any charge-backs, payment reversals etc.), a fixed cost (representing the average redeem value of each FPP or FTP as the case may be) designated by Rational to each VPP FPP or FTP earned by a player on the PS Site(s) or FTP Site(s), as the case may be, a fixed amount for legal, branding and operational costs, applicable local gaming taxes payable by PokerStars the Operator (at the rate in force on the date of due payment) and/or reasonable payment processing services charges that are paid by Rational to third parties in respect of the player's deposits and cashouts.
FPP's Shall mean the reward points which are also known as ''Frequent Player Points'' and which shall be awarded by PokerStars the Operator to Qualified PS Poker Players playing real money tournaments and ring games only (thereby excluding, without limitation, FPPs earned as tournament awards, for surveys, Customer Service Representative (CSR) credits) under such terms as shall be published on the PS Site(s) and as suchshall exist from time to time.
FTP Site(s) shall mean those Sites which are identified as being operated under the Full Tilt Poker brand under Section 2 of Annex A.
FTPs shall mean the reward points which are also known as ''Full Tilt Points'' and which shall be awarded by the Operator to Qualified FTP Poker Players based on the amount of Rake taken from each hand and each Qualified FTP Poker Player's proportional contribution to the Rake.
Gross Revenue shall mean the aggregate of a Qualified Poker Player's Ring Game Gross Revenue and Tournament Gross Revenue.
Group means Rational together with its subsidiaries and any holding company of Rational and any subsidiary of such holding company and any associated company with Rational including, but not limited to associated companies providing services under the trade mark ''PokerStars'' and ''Full Tilt Poker''.
Home Games shall mean PokerStars' the online poker service operated by the Operator called Home Games, which is available via the PS Site(s).
Link(s) shall mean the banners, text links and other links all linking to the Site(s) posted on the Website(s).
Marketing Codes shall mean the unique alphanumeric string provided by PokerStars the Operator for the purposes of tracking the number of Qualified PS Poker Players and calculating the amount of Commission due to the Affiliate.
Pot shall mean the central fund/pot containing all players' wagers during each ''real money'' game of poker on the Site(s).
Programme Site shall mean the site located at http:// www. pokerstarspartners. com or other sites as designated by PokerStars Rational from time to time.
Qualified FTP Poker Player shall mean an Internet user without a prior user account on any site owned or operated by PokerStars the Operator including a User Account (except a User Account on a PS Site) who (i) accesses the FTP Site(s) directly through a Link and downloads and installs the software; (ii) opens a new User Account; and (with respect to CPA Commission only) (iii) earns, by way of cash deposit into their User Account, the minimum number of FTPs required, as notified by Rational to the Affiliate.
Qualified Poker Player shall mean either a Qualified PS Poker Player or a Qualified FTP Poker Player.
Qualified PS Poker Player shall mean an Internet user without a prior user account on any site owned or operated by the Operator including a User Account (except a User Account on an FTP Site) who (i) accesses the PS Site(s) directly through a Link or enters a Marketing Code and downloads and installs the software; (ii) opens a new User Account; and (with respect to CPA Commission only) (iii) earns, by way of cash deposit into their User Account, the minimum number of VPPs FPPs required, as notified by Rational to the Affiliate.
Rake shall mean the proportion retained by or on behalf of PokerStars the Operator or one of its affiliated companies from the Pot.
Revenue Share shall mean commission calculated on the basis of monthly Gross Revenue less monthly Expenses.
Ring Game Gross Revenue shall mean the sum total of a Qualified Poker Player's contributions to Rakes in a Ring Game Hand while playing on software downloadable from the Site(s). Any Qualified Poker Player's contribution to a Rake shall be determined by dividing the total amount that a Qualified Poker Player has contributed to the Pot in any Ring Game Hand by the size of the Pot in that Ring Game Hand and multiplying it by the total Rake taken from that Pot in that Ring Game Hand regardless of the number of players dealt in such Ring Game Hand.
Ring Game Hand shall mean those hands played at tables where chips wagered represent fixed amounts of player funds that are purchased with player funds when the player begins play and redeemed at the same rate at the end of play.
PS Site(s) shall mean those Sites which are identified as being operated under the PokerStars brand under Section 1 of Annex A.
Site(s) shall mean the Internet sites which the Affiliate is permitted to market and promote pursuant to the terms of this Agreement as specified in Annex A to this Agreement as may be updated from time to time.
Threshold Commission shall mean: (i) US$75 (seventy five US dollars); or, (ii)US$150 (one hundred and fifty US Dollars) in the case of Affiliates receiving Commission via wire transfer pursuant to Clause 4.4; or (iii)the Euro equivalent of the amounts in (i) or (ii) as of the date of payment of the Commission.
Tournament shall mean real money tournaments played on the Site(s) consisting of hands played at tables where chips wagered have no real value but instead determine the amount paid out to players when the tournament ends based on predetermined criteria.
Tournament Fees shall mean the fees retained by or on behalf of PokerStars the Operator or one of its affiliated companies from the ''buy-ins'' paid by Qualified Poker Players registering for a Tournament.
Tournament Gross Revenue shall mean the sum total of the Tournament Fees paid by a Qualified Poker Player while playing in Tournaments on software downloadable from the Site(s).
Tracker shall mean the unique tracking hyperlink (URL) to the Site(s) provided by Rational to the Affiliate for the purposes of tracking the number of Qualified Poker Players and calculating the amount of Commission due to the Affiliate.
Trade Marks means any trade mark used, registered, or applied for by PokerStarsRational or any entity existing within the Group, including, but without limitation, those listed in Annex B hereto as may be amended from time to time ''POKERSTARS'', ''POKERSTARS.COM'', ''FULL TILT POKER'',''FULLTILTPOKER.COM, ''EPT'', ''LAPT'' and ''APPT''. 'APPT''..
Trade Secrets means any know-how,trade know-how, trade secrets, marketing information, business plan, market information, customer lists, network clients list, suppliers' information, confidential information or other related confidential information concerning or relating to the activities of PokerStars Rational or any entity existing within the same corporate group in which PokerStars existsGroup.
User Account shall mean a personal player account on a Site opened in accordance with the applicable terms and conditions governing access to and use of that Site.
VPPs shall mean the reward points which are also known as ''VIP Player Points'' and which shall be awarded by PokerStars to Qualified Poker Players playing real money tournaments and ring games only (thereby excluding, without limitation, VPPs earned as tournament awards, for surveys, Customer Service Representative (CSR) credits) under such terms as shall be published on the Site(s) and as such shall exist from time to time.
Website(s) means those website(s) that are owned and/or controlled by the Affiliate and which are submitted by the Affiliate as websites that are to be included in the Programme.
Affiliate Commissions
4.8. The Affiliate shall not be entitled to receive any Commission from Rational for a new User Account opened through a personal computer or mobile device (including, without limitation, a desktop computer, portable computer, cellular phone, PDA, tablet, or any other type of cellular device now exist or hereafter devised) (each, a ''Device''), if a User Account has previously been opened through use of such Device (unless such new User Account was on a PS Site and the existing User Account was on a FTP Site or vice versa), regardless of whether the Affiliate was entitled to receive from Rational a Commission for such User Account.
Minimum Player Rule - Date Restriction
5.5. The Affiliate undertakes, if the form of Commission that it receives from Rational is based on Revenue Share pursuant to Clause 4.1 above, to generate a minimum of 1 (one) Qualified Poker PS Player for each PS Site which it markets pursuant to this Agreement (for Revenue Share generated from the PS Sites) and 1 (one) Qualified Poker FTP Player for each FTP Site which it markets pursuant to this Agreement (for Revenue Share generated from the FTP Sites) per calendar month.
Link Placement
5.11. The Affiliate acknowledges that the placement of the Link(s) on the Website(s) and the Affiliate's conduct as an affiliate has the potential to inflict substantial damage to PokerStars' the Trade Marks , and to the reputation and goodwill of Rational and any entity existing within the Group and that the Affiliate shall at all times act in a manner that will not harm such Trade Marks, goodwill and reputationof PokerStars.
Term and Termination
8. Term and Termination
8.1. This Agreement shall come into effect from the Effective Date and shall continue in full force until it is terminated in accordance with the provisions set out herein.
8.2. You may terminate this Agreement at any time, with or without cause upon written notice to us.
8.3. In the event of the occurrence of any of the following: (i) a breach by the Affiliate of any clause of this Agreement; or (ii) in the reasonable opinion of Rational, you have acted in a manner that undermines the nature of this Agreement; or (iii) the Affiliate's User Account is closed by PokerStars the Operator for any reason whatsoever, Rational retains full authority (without prejudice to its other rights or remedies under this Agreement, any other agreement, at law or otherwise) to (i) terminate this Agreement immediately and/or (ii) indefinitely withhold from the Affiliate any Commission accrued to the Affiliate's benefit directly as a result of the breach.
8.4. We may terminate this Agreement at any time on 7 days' written notice.
8.5. In the event that the Affiliate makes any assignment for the benefit of its creditors or makes any composition with creditors; or has appointed, or shall be the subject of any notice of a receiver or holding company; or shall be the subject of a voluntary or compulsory liquidation (other than for the purpose of a solvent reconstruction or amalgamation); or is made the subject of any administration order or insolvency procedure or such analogous event; or ceases to carry on business or (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing we may terminate this Agreement immediately.
8.6 Without limiting any other rights and remedies of Rational under this Agreement, Rational may terminate this Agreement immediately if it determines in its sole discretion that the Affiliate has become a competitor of Rational and/or any other entity within the same corporate group as PokerStarsGroup.
8.7. Termination of this Agreement shall not extinguish either of the parties' obligations under this Agreement which by their terms or context are intended to survive the termination of the Agreement.
8.8. Notwithstanding Clauses 8.5 and 8.6 above and for the avoidance of doubt, it is hereby clarified that Rational shall not be liable to pay any Commissions for Qualified Poker Players where such Qualified Poker Players are generated by the Link(s) and/or Marketing Codes following the termination of this Agreement.
8.9. Following the termination of this Agreement and the payment to the Affiliate of monies due to it as at the time of termination, Rational shall have no obligation to make any further Commission payments to the Affiliate.
8.10. Upon termination the Affiliate shall immediately remove from the Website(s) and cease to use all Link(s), Marketing Codes Trade Marks and any other materials of any form provided by or on behalf of Rational to the Affiliate pursuant to this Agreement and all licenses and rights granted hereunder to the Affiliate shall immediately terminate. The foregoing shall not prevent you linking to the homepage of the Site to the extent that you do so for your own personal, non-commercial use in connection with Home Games. Upon termination of the Agreement, the Affiliate will promptly return to Rational any confidential information in its control or possession.
SUMMARY: Pokerstars still have their minimum player rule and have updated definitions and miscellanous terms.
Pokerstars Partners have updated definitions, Minimum Player Rule, more
TERMS SPIDERED ON MARCH 25TH, 2013 09:11 AM
SUMMARY: Pokerstars, still predatory, updated definitions and their Minimum Player Rule (plus more).
1. Preamble and Definitions
1.1. When used in this Agreement, each of the following terms shall have the meaning attributed to it below:
Club shall mean a poker club established using Home Games.
Club Manager shall mean an Internet user who establishes a Club.
Member shall mean an Internet user who is a member of a Club but is not the Club Manager. Commission shall have the meaning given to it in Clause 4.1 below.
CPA Commission means commission calculated on the basis of the number of Qualified Poker Players per month.
Effective Date shall mean the date of you executing this Agreement.
Expenses shall mean freerolls, bonuses or promotional amounts given to the player, uncollectible revenues (including any charge-backs, payment reversals etc.), a fixed cost (representing the average redeem value of each FPP or FTP as the case may be) designated by Rational to each VPP FPP or FTP earned by a player on the PS Site(s) or FTP Site(s), as the case may be, a fixed amount for legal, branding and operational costs, applicable local gaming taxes payable by PokerStars the Operator (at the rate in force on the date of due payment) and/or reasonable payment processing services charges that are paid by Rational to third parties in respect of the player's deposits and cashouts.
FPP's Shall mean the reward points which are also known as ''Frequent Player Points'' and which shall be awarded by PokerStars the Operator to Qualified PS Poker Players playing real money tournaments and ring games only (thereby excluding, without limitation, FPPs earned as tournament awards, for surveys, Customer Service Representative (CSR) credits) under such terms as shall be published on the PS Site(s) and as suchshall exist from time to time.
FTP Site(s) shall mean those Sites which are identified as being operated under the Full Tilt Poker brand under Section 2 of Annex A.
FTPs shall mean the reward points which are also known as ''Full Tilt Points'' and which shall be awarded by the Operator to Qualified FTP Poker Players based on the amount of Rake taken from each hand and each Qualified FTP Poker Player's proportional contribution to the Rake.
Gross Revenue shall mean the aggregate of a Qualified Poker Player's Ring Game Gross Revenue and Tournament Gross Revenue.
Group means Rational together with its subsidiaries and any holding company of Rational and any subsidiary of such holding company and any associated company with Rational including, but not limited to associated companies providing services under the trade mark ''PokerStars'' and ''Full Tilt Poker''.
Home Games shall mean PokerStars' the online poker service operated by the Operator called Home Games, which is available via the PS Site(s).
Link(s) shall mean the banners, text links and other links all linking to the Site(s) posted on the Website(s).
Marketing Codes shall mean the unique alphanumeric string provided by PokerStars the Operator for the purposes of tracking the number of Qualified PS Poker Players and calculating the amount of Commission due to the Affiliate.
Pot shall mean the central fund/pot containing all players' wagers during each ''real money'' game of poker on the Site(s).
Programme Site shall mean the site located at http:// www. pokerstarspartners. com or other sites as designated by PokerStars Rational from time to time.
Qualified FTP Poker Player shall mean an Internet user without a prior user account on any site owned or operated by PokerStars the Operator including a User Account (except a User Account on a PS Site) who (i) accesses the FTP Site(s) directly through a Link and downloads and installs the software; (ii) opens a new User Account; and (with respect to CPA Commission only) (iii) earns, by way of cash deposit into their User Account, the minimum number of FTPs required, as notified by Rational to the Affiliate.
Qualified Poker Player shall mean either a Qualified PS Poker Player or a Qualified FTP Poker Player.
Qualified PS Poker Player shall mean an Internet user without a prior user account on any site owned or operated by the Operator including a User Account (except a User Account on an FTP Site) who (i) accesses the PS Site(s) directly through a Link or enters a Marketing Code and downloads and installs the software; (ii) opens a new User Account; and (with respect to CPA Commission only) (iii) earns, by way of cash deposit into their User Account, the minimum number of VPPs FPPs required, as notified by Rational to the Affiliate.
Rake shall mean the proportion retained by or on behalf of PokerStars the Operator or one of its affiliated companies from the Pot.
Revenue Share shall mean commission calculated on the basis of monthly Gross Revenue less monthly Expenses.
Ring Game Gross Revenue shall mean the sum total of a Qualified Poker Player's contributions to Rakes in a Ring Game Hand while playing on software downloadable from the Site(s). Any Qualified Poker Player's contribution to a Rake shall be determined by dividing the total amount that a Qualified Poker Player has contributed to the Pot in any Ring Game Hand by the size of the Pot in that Ring Game Hand and multiplying it by the total Rake taken from that Pot in that Ring Game Hand regardless of the number of players dealt in such Ring Game Hand.
Ring Game Hand shall mean those hands played at tables where chips wagered represent fixed amounts of player funds that are purchased with player funds when the player begins play and redeemed at the same rate at the end of play.
PS Site(s) shall mean those Sites which are identified as being operated under the PokerStars brand under Section 1 of Annex A.
Site(s) shall mean the Internet sites which the Affiliate is permitted to market and promote pursuant to the terms of this Agreement as specified in Annex A to this Agreement as may be updated from time to time.
Threshold Commission shall mean: (i) US$75 (seventy five US dollars); or, (ii)US$150 (one hundred and fifty US Dollars) in the case of Affiliates receiving Commission via wire transfer pursuant to Clause 4.4; or (iii)the Euro equivalent of the amounts in (i) or (ii) as of the date of payment of the Commission.
Tournament shall mean real money tournaments played on the Site(s) consisting of hands played at tables where chips wagered have no real value but instead determine the amount paid out to players when the tournament ends based on predetermined criteria.
Tournament Fees shall mean the fees retained by or on behalf of PokerStars the Operator or one of its affiliated companies from the ''buy-ins'' paid by Qualified Poker Players registering for a Tournament.
Tournament Gross Revenue shall mean the sum total of the Tournament Fees paid by a Qualified Poker Player while playing in Tournaments on software downloadable from the Site(s).
Tracker shall mean the unique tracking hyperlink (URL) to the Site(s) provided by Rational to the Affiliate for the purposes of tracking the number of Qualified Poker Players and calculating the amount of Commission due to the Affiliate.
Trade Marks means any trade mark used, registered, or applied for by PokerStarsRational or any entity existing within the Group, including, but without limitation, those listed in Annex B hereto as may be amended from time to time ''POKERSTARS'', ''POKERSTARS.COM'', ''FULL TILT POKER'',''FULLTILTPOKER.COM, ''EPT'', ''LAPT'' and ''APPT''. 'APPT''..
Trade Secrets means any know-how,trade know-how, trade secrets, marketing information, business plan, market information, customer lists, network clients list, suppliers' information, confidential information or other related confidential information concerning or relating to the activities of PokerStars Rational or any entity existing within the same corporate group in which PokerStars existsGroup.
User Account shall mean a personal player account on a Site opened in accordance with the applicable terms and conditions governing access to and use of that Site.
VPPs shall mean the reward points which are also known as ''VIP Player Points'' and which shall be awarded by PokerStars to Qualified Poker Players playing real money tournaments and ring games only (thereby excluding, without limitation, VPPs earned as tournament awards, for surveys, Customer Service Representative (CSR) credits) under such terms as shall be published on the Site(s) and as such shall exist from time to time.
Website(s) means those website(s) that are owned and/or controlled by the Affiliate and which are submitted by the Affiliate as websites that are to be included in the Programme.
4.8. The Affiliate shall not be entitled to receive any Commission from Rational for a new User Account opened through a personal computer or mobile device (including, without limitation, a desktop computer, portable computer, cellular phone, PDA, tablet, or any other type of cellular device now exist or hereafter devised) (each, a ''Device''), if a User Account has previously been opened through use of such Device (unless such new User Account was on a PS Site and the existing User Account was on a FTP Site or vice versa), regardless of whether the Affiliate was entitled to receive from Rational a Commission for such User Account.
5.5. The Affiliate undertakes, if the form of Commission that it receives from Rational is based on Revenue Share pursuant to Clause 4.1 above, to generate a minimum of 1 (one) Qualified Poker PS Player for each PS Site which it markets pursuant to this Agreement (for Revenue Share generated from the PS Sites) and 1 (one) Qualified Poker FTP Player for each FTP Site which it markets pursuant to this Agreement (for Revenue Share generated from the FTP Sites) per calendar month.
5.11. The Affiliate acknowledges that the placement of the Link(s) on the Website(s) and the Affiliate's conduct as an affiliate has the potential to inflict substantial damage to PokerStars' the Trade Marks , and to the reputation and goodwill of Rational and any entity existing within the Group and that the Affiliate shall at all times act in a manner that will not harm such Trade Marks, goodwill and reputationof PokerStars.
8. Term and Termination
8.1. This Agreement shall come into effect from the Effective Date and shall continue in full force until it is terminated in accordance with the provisions set out herein.
8.2. You may terminate this Agreement at any time, with or without cause upon written notice to us.
8.3. In the event of the occurrence of any of the following: (i) a breach by the Affiliate of any clause of this Agreement; or (ii) in the reasonable opinion of Rational, you have acted in a manner that undermines the nature of this Agreement; or (iii) the Affiliate's User Account is closed by PokerStars the Operator for any reason whatsoever, Rational retains full authority (without prejudice to its other rights or remedies under this Agreement, any other agreement, at law or otherwise) to (i) terminate this Agreement immediately and/or (ii) indefinitely withhold from the Affiliate any Commission accrued to the Affiliate's benefit directly as a result of the breach.
8.4. We may terminate this Agreement at any time on 7 days' written notice.
8.5. In the event that the Affiliate makes any assignment for the benefit of its creditors or makes any composition with creditors; or has appointed, or shall be the subject of any notice of a receiver or holding company; or shall be the subject of a voluntary or compulsory liquidation (other than for the purpose of a solvent reconstruction or amalgamation); or is made the subject of any administration order or insolvency procedure or such analogous event; or ceases to carry on business or (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing we may terminate this Agreement immediately.
8.6 Without limiting any other rights and remedies of Rational under this Agreement, Rational may terminate this Agreement immediately if it determines in its sole discretion that the Affiliate has become a competitor of Rational and/or any other entity within the same corporate group as PokerStarsGroup.
8.7. Termination of this Agreement shall not extinguish either of the parties' obligations under this Agreement which by their terms or context are intended to survive the termination of the Agreement.
8.8. Notwithstanding Clauses 8.5 and 8.6 above and for the avoidance of doubt, it is hereby clarified that Rational shall not be liable to pay any Commissions for Qualified Poker Players where such Qualified Poker Players are generated by the Link(s) and/or Marketing Codes following the termination of this Agreement.
8.9. Following the termination of this Agreement and the payment to the Affiliate of monies due to it as at the time of termination, Rational shall have no obligation to make any further Commission payments to the Affiliate.
8.10. Upon termination the Affiliate shall immediately remove from the Website(s) and cease to use all Link(s), Marketing Codes Trade Marks and any other materials of any form provided by or on behalf of Rational to the Affiliate pursuant to this Agreement and all licenses and rights granted hereunder to the Affiliate shall immediately terminate. The foregoing shall not prevent you linking to the homepage of the Site to the extent that you do so for your own personal, non-commercial use in connection with Home Games. Upon termination of the Agreement, the Affiliate will promptly return to Rational any confidential information in its control or possession.
SUMMARY: Pokerstars still have their minimum player rule and have updated definitions and miscellanous terms.
Pokerstars Partners have updated definitions, Minimum Player Rule, more