MACROPOKER End-User Agreement
The present end-user agreement ("Agreement") must be fully read and understood by you ("User" or "You") prior to using any of the MACROPOKER services or products. Please note that the Agreement is a legally binding contract between You and MACROPOKER (hereinafter referred to as "MACROPOKER", "We" or "Us"), which is the owner of the www.MacroPoker.com website ("Website").
Since some products and services of this Website are also available for Users who are not registered members of MACROPOKER; the terms of this agreement also apply, mutatis mutandis, to the Users using the Website without prior registration.
1. Terms and Conditions
1.1. In accordance with the Terms and Conditions of this Agreement, MACROPOKER grants you a non-exclusive, personal and non-transferable right to use the MACROPOKER services, products and materials, available on the Website, including text, images, pictures, graphic elements, photographs, animations, videos, music and audio ("Website materials"), hereinafter referred to collectively as "Services". Under this Agreement, every User registered on the Website, hereinafter will be referred to as the "User".
1.2. The following groups are not eligible to use Our services:
i. individuals under 18 years of age,
ii. individuals below the legal age in their applicable jurisdictions (such persons are hereinafter referred to as "Minors"),
iii. individuals connecting to the Website from jurisdictions where such a connection is illegal. MACROPOKER is unable to establish the legitimacy of Our Services in every jurisdiction and the clarification of this issue is the responsibility of the User.
1.3. We reserve the right to request at any time lawful proof of age, to make sure that Minors are not using the Services. We also reserve the right to temporarily suspend or terminate Your account and deprive you, temporarily or permanently, of the right to use the Services, if sufficient proof of age is not provided, or if we suspect that you have not yet reached Your full legal age.
1.4. The Services are intended for the User's personal use only. Users may only have one MACROPOKER account and must use the Services only through this sole account. In addition, the User shall not allow any other individuals to use the Service through his/her own MACROPOKER account.
1.5. MACROPOKER reserves the right to create, maintain and suspend any MACROPOKER account. The MACROPOKER executive group’s decision in relation to any User account properties, use of the Service or the resolution of disputes is final and cannot be reviewed or disputed.
1.6. You explicitly authorize MACROPOKER to provide the following information about you to other Users of the Website (both registered and unregistered), within your public profile: your first and last name, User account name, country and city of residence, the profile picture you have chosen, your User names on public poker websites and forums, your personal photos, Your "messages" published for other Users to see, your results in tournaments and your current skill level (the skill level is determined by an automatic evaluation system, based on statistics), as well as all other data contained in Your public profile.
2. Absence of Guarantees
2.1. MACROPOKER does not provide any warranties, whether explicit or implicit, related to the Service (including any Website Materials), which are provided "AS IS." We also make no warranty or assurance regarding the quality, completeness or accuracy of our Services, as well as their conformity with the purpose for which they were intended.
2.2. Materials on the Website may contain information on various legal aspects of poker. This information is provided as general information and does not constitute legal advice. It is strongly recommended to consult a qualified lawyer, should you require reliable information.
2.3. Regardless of our efforts to provide you with services that meet the highest standards of quality, reliability and security, We make no warranty that the Services will be provided continuously, promptly and without errors, and that defects will be corrected, or that the services will not contain viruses or errors.
2.4. MACROPOKER reserves the right to suspend, terminate, modify, delete or supplement its Services and Website Materials at its sole discretion and without prior notice; MACROPOKER bears no obligation to provide You with any notice, and We do not bear any responsibility for any damages incurred as a result of a decision taken by MACROPOKER in this regard.
2.5. You agree that under no circumstances is MACROPOKER or its subsidiaries to be held responsible for:
i. loss of or damage to the information contained or hosted on the Website;
ii. Users’ confidence in the Website Materials accuracy, relevance and (or) completeness;
iii. consequences of the inability to perform certain actions, or consequences of any actions performed by You or by any other user pm any Website Materials, and within the frameworks of the Website.
3. Duties of the MACROPOKER User
3.1. When using the Website Services, the User has to:
3.1.1. provide reliable, complete and up-to-date information during registration, and to update said information when it changes;
3.1.2. inform the Website administration about any unauthorized access to his personal page ,and (or) any unauthorized access at all, and (or) the interception of the User's password(s) by an unauthorized individual or individuals;
3.1.3. not to provide access to Your personal page to other Users, or access to a particular piece of information contained within the Website, if it could lead to a breach of legislation and (or) of this Agreement, or to compromising any Website administration documents;
3.1.4. not to include on Your personal page any information and (or) objects (including links to them) that may infringe upon the rights and interests of others;
3.1.5. not to include on Your personal page, as well as in groups and (or) forums, any links of an advertisement nature, including, but not limited to, referral links, links to others’ affiliate programs, online casino referral links, links to online casino affiliate programs;
3.1.6. before hosting any information and (or) objects (including, but not limited to, any pictures, text content, audio and (or) video recordings), make sure he holds enough rights to share this information on the Website;
3.1.7. keep confidential and not to provide to other Users or third parties any personal data which has become known to You through communicating with other Users and (or) from other use of the Website (including but not limited to, home addresses, telephone numbers, e-mail addresses, ICQ ID, passport data, banking information) and any information about the private life of other Users or third parties, without obtaining prior permission from all parties involved;
3.2. When using the Website, the User shall be prohibited to:
3.2.1. register as a User on behalf of or instead of another person ("Fake Account") or to register a group (association) of people or an entity as a User. However, it becomes possible to register another individual or legal entity on someone's behalf, on condition that the necessary power of attorney will be obtained in the manner and form prescribed by the legislation of the Russian Federation;
3.2.2. confuse other Users regarding your identity, using the username and password of another Registered User;
3.2.3. misrepresent information about you, your age or your relationship with other individuals or organizations;
3.2.4. download, store, publish, distribute, and (or) provide access to or otherwise use any information which:
contains threats, discredits, offends, denigrates the honor and dignity or business reputation, or violates privacy of other Users or third parties; violates the rights of Minors; is vulgar or obscene, contains obscene language, pornographic pictures and (or) texts or scenes of a sexual nature involving Minors; contains scenes of violence, or inhumane treatment of animals; contains a description of the means and methods of committing suicide, or encourages others to commit suicide; promotes and (or) encourages racial, religious or ethnic hatred or hostility; promotes fascism or the ideology of racial superiority; contains extremist material; promotes criminal activity or contains tips, instructions or guidelines on how to commit criminal acts; contains restricted information, including but not limited to, state and commercial secrets, or any private third party information; is fraudulent.
3.2.5. illegally download, store, publish, distribute and (or) provide access to or otherwise use the intellectual property of other Users and (or) third parties;
3.2.6. send commercial private messages without prior consent of the Website Users involved in the communication;
3.2.7. implement and (or) carry out actions aimed at disrupting the normal functioning of the Website and its Services or Users’ personal pages;
3.2.8. download, store, publish, distribute, and (or) provide access to or otherwise use viruses, Trojan horses and (or) other malware, through the Website or any of its servers or Services;
3.2.9. use automated scripts (programs) for the purpose of collecting information from the Website and (or) for the purpose of interacting with the Website and its Services, without special permission from the Website administration;
3.2.10. try to gain access to the login and password of another User by any means, including, but not limited to, by deception, abuse of trust, or hacking / cracking;
3.2.11. collect and illegally process personal data of other people and (or) entities without their consent;
3.2.12. acquire, or attempt to acquire, access to any of the Services in any other way than through the interface provided by the Administration of the Website, except for the cases when such actions are permitted by the Website administration based on a separate agreement;
3.2.13. reproduce, duplicate, copy, sell, trade, and (or) resell any Services for any purpose, except for cases where such actions were permitted by the Website administration based on a separate agreement.
3.2.14. publish commercial and (or) political advertisement outside of the dedicated sections of the Website, which are determined by the Website Administration. The User can purchase certain paid services on the Website, as explained by the Administration in special documents, which can be found on the Website;
3.2.15. post, upload, and (or) otherwise share any other information which the administration, at its sole discretion, deemed as: undesirable; not suitable for the Website for any reasons, infringing upon the interests and (or) rights of other Users or entities.
3.3. The User is solely responsible for any information he/she posts on the Website, communicates to other Users, as well as for any interactions with other Users, which he/she makes at his/her own risk.
3.4. If the User disagrees with any of these Terms or with any future updates made to these Terms, the User must stop using the Website and (or) any of its Service, and delete his personal profile from the Website.
4. Intellectual Property Rights
4.1. Exclusive rights to the content on this Website
4.1.1. All objects displayed on the Website, including design elements, text, graphics, images, videos, scripts, programs, music, sounds and other objects (hereinafter - the “Content”), are the exclusive property of the Administration, the Website Users, and other right holders. All rights to the Content are protected by law.
4.1.2. Except for certain cases listed in these Terms and Conditions, no Content may be copied (reproduced), reprocessed, distributed, displayed in a frame, published, downloaded, transferred, sold, altered, or otherwise used in whole or in part, without the appropriate right holder’s permission, except for cases where the appropriate right holder explicitly consented to the free and unrestricted use of said Content by the public.
4.1.3. A User who publishes on the Website content belonging to him on legal grounds, grants others a non-exclusive right to use it by browsing, watching (including copying), reprocessing (including printing copies) and other rights, for the sole purpose of personal, non-commercial use, except for the cases when such use causes or may cause harm to legally protected interests of the rights holder.
4.1.4. The use of Content that is intended solely for personal, non-commercial use, is permitted, on conditions that all signs of authorship (copyright signs, logos, etc.) or other notices of authorship, the name of the author, and the product itself remain unchanged and in place.
4.1.5. Except for his/her own content, the User shall not upload, or otherwise communicate to the public (publish on the Website) the Content of other Websites, databases and (or) other results of intellectual activity in the absence of the explicit right holder’s consent to do so.
4.1.6. Any use of the Website or its Content without prior written permission of the right holder is strictly prohibited, except for the cases described by these Terms and Conditions, or when the owner has explicitly expressed his/her consent for such use.
4.1.7. Unless otherwise expressly stated herein, nothing in these Terms and Conditions shall be considered as a transfer of exclusive rights to the Content.
4.2. Responsibility for violation of exclusive rights.
4.2.1. The User is solely responsible for any Content or other information he/she uploads, or otherwise communicates to the public (publishes) on the Website or with its help. The user shall not upload, transmit or publish Content on the Website, if he/she does not have the appropriate permissions to perform such actions.
4.2.2. The Website Administration can, but is not obligated, to check the Website for any prohibited content, and can delete or relocate (without notice) any Content or User accounts at its sole discretion, for any reason or without any reason, including (without any limitations), removal or deletion of Content which, in the personal opinion of the Administration, violates these Terms and (or) may infringe upon the rights, harm, or threaten the safety of other Users or third parties.
4.2.3. By publishing Content on the Website, the User transfers to the Administration the right to make copies of said Content, in order to streamline and facilitate the publishing and storing of User-generated Content on the Website.
4.2.4. By posting Your Content in any section of the Website, You automatically grant the Administration non-exclusive rights to use said Content by copying, posting publicly, reproducing, processing, translating and distributing it for the purpose of running the Website or in connection therewith, including with the aim of its popularization. For these purposes, the Administration may merge Users' Content into separate collections, and perform other actions that serve the above-mentioned objectives.
4.2.5. If the User deletes his/her Content from the Website, the rights referred to in paragraphs 4.2.3. - 4.2.4. of the present Terms will be automatically revoked, however the Administration may retain archived copies of said User-generated content for an indefinite period.
4.3. Websites and Third Parties Content.
4.3.1. The Website contains (or may contain) links to other Websites on the Internet (third party Websites) as well as articles, photographs, illustrations, graphics, music, sounds, videos, information, applications, software and other Content belonging to or coming from third parties (Third Parties Content), which is the result of intellectual activity.
4.3.2. The above-mentioned third parties and their Content are not verified by the Administration for compliance with different requirements (accuracy, completeness, fairness, etc.). The administration is not responsible for any content published on third parties' websites which the User can access through the Website or through any Third Party Content, including, inter alia, any opinions or statements expressed by the third party Websites or within any of their content.
4.3.3. The links and (or) instructions on how to download files and (or) install any third party programs, posted on the Website, should not be considered as an endorsement or approval of these products (services) by the Administration.
4.3.4. A link to any website, product, service, as well as any information of commercial or non-commercial nature, published on the Website, should not be considered as an endorsement or recommendation of these products (services) by the Administration.
4.3.5. If the User decides to exit the Website and to go to third party websites, or use/install any third party software, he/she does so at his/her sole risk, and from that moment the present Terms of Service no longer apply to the User. From this point on and for as long as he is using the third party website and (or) software, the User will be bound by any Terms and Policies of the software and (or) service the User has decided to use outside of the Website.
5. The functioning of the Website and the responsibility for its use.
5.1. The Website Administration is not engaged in pre-moderation or censorship of User information. However, the Administration will take all reasonable actions to protect the rights and interests of individuals and (or) entities, should the individual/entity concerned appeal to the Website Administration in the permitted manner.
5.2. The Website Administration shall not be liable for breach of these Terms by a User and reserves the right, at its sole discretion, and upon receipt of information from other Users or third parties about the breach of these Terms by a User, to change (moderate) or to remove any information (including private messages) published by that User and which violate these Terms, to suspend, restrict or terminate the User's access to any or all sections and (or) services of the Website at any time for any reason or for no reason, with or without prior notice, and the Website shall not be held responsible for any harm which may be caused to you as a result of these actions. The Website Administration reserves the right to remove a User page, and (or) suspend, restrict or terminate his/her access to any of the Website services, if the Administration detects that, in its personal opinion, the User is a threat to the Website and (or) its Users. In accordance with these Rules, the Website Administration is not responsible for temporary blocking or deletion of information, and (or) deletion of a personal page (termination of registration) of a User.
5.3. Deletion of a personal User's page means automatic removal of all information and content posted within it, and of all information the User has submitted when registering on the Website. After removal of the personal page, the User loses access rights to the Website.
5.4. The Website Administration ensures Website functionality and operability and is committed to quickly restoring its operability in case any technical malfunctions arise. The Website Administration shall not be liable for any temporary malfunction and interruptions in the Website operation, nor for any resulting losses of information. The Administration shall not be held responsible for any damages to the Users' or any other individual's personal computers, mobile devices, or to any other hardware or software, caused by or connected with downloading materials from the Website or by using any links posted on the Website.
5.5. The Website Administration shall retain the right to send User's information about any developments of the Website and its services, as well as advertise its own activities and services.
5.6.1. The website and its services, including all scripts, applications, content and the Website design are provided "as is". The Administration does not provide any warranty that the website or its services will comply or not comply with a particular purpose of use. The administration does not guarantee and does not promise any specific results from use of the website and (or) any of its services;
5.6.2. To avoid any confusions, the user should pay attention to any warnings displayed within his web-browser while downloadinf any files from the Website, clicking on any links published on the website, and (or) using any files. The website administration strongly encourages the use of original licensed software only, as well as the use of anti-virus and anti-malware software.
5.6.3. By using the website, you agree that you're downloadin any materials from the website or with its help at your own risk and that you are personally responsible for any possible damages resulting from using these materials, including any damages that may be caused to the user's computer or to third parties, as well as any data loss or any other damages;
5.6.4. Under no event shall the website administration or its representatives be held liable to you or to any third party for any indirect, accidental, unintended damages, including lost profits or lost data, damages to dignity or business reputation, arising in connection with the use of the website, the website content and (or) any other material which you or any other individual accesses through the website, even if the administration of the website has notified or indicated the possibility of such damages to occur.
6.1. Macropoker is a website designed to facilitate communication between poker players and to allow them to place bids on certain services.
6.2. All deals are made between Users directly. Therefore Macopoker doesn’t take part in deals between Users. The website only works as a platform to allow members to carry out deals between each other.
6.3. A User has got the right to post his offers on the Website only after having completed a special fill-in form and after providing information regarding the offered goods and services.
6.4. A User is responsible for all actions carried out from his account A User is allowed to use the Website’s services only after logging in with his username and password.
6.5. A User posting buying or selling offers on the Website must comply with the Macropoker Terms of Service. A User is required to provide full and detailed information regarding the goods or services he's offering, as well as details as to how the deal should be carried out. By posting information about goods or services the User confirms that he holds the necessary rights to sell the goods or provide the services.
6.6. A User is responsible for provided information to and for interacting with other Users. Macropoker merely provides a platform on which these deals can be carried out.
6.7. In order for Users to publish information, a User provides Macropoker a life-long, irrevocable, non-exclusive, sub-licensing right for use, publishing, gathering, displaying, copying, duplication and reproduction of any provided data, pictures and photos through the use of all forms of digital media. Above listed rights are provided to Macropoker without any compensation being offered. At the same time, a User will still hold rights to the information he publishes. Finally, the User agrees that all his information will be made accessible to other Macropoker Users.
6.8. Having used any Macropoker services, a User confirms that he bears sole responsibility for the content he provides. A User also confirms that he has got the right, licenses and required permissions to post such information on the Website including any related patents, trademarks, trade secrets and copyrights, or that he has received written consent or permission from the individual(s) or company(ies) holding such rights.
6.9. Posting content on the Website consisting of image(s) which do not display any copyright marks means that the User agrees for said image(s) to be freely used by other Members of the Website, at no cost to any User(s).
6.10. While using the Website, services, programs or any other Macropoker Tools, a User should not try to avoid paying any required fees for any of these services.
6.11. Having used any of the Website's services, a User confirms that he agrees to use the Website and its services at his own risk. A user understands and bears all risks related to the usage of posts published on the Website. Macropoker, its management, staff and agents shall not bear any responsibility for content published on the Website. Macropoker, its management, staff and agents shall not bear any responsibility for any harm or losses incurred by the User as a result of using the Website or any of its services.
6.12. Users should not automatically assume that a service posted by another user is legal. Macropoker doesn’t bear any responsibility for completion of any deals between its users. A User shall take full responsibility, legal or otherwise, for any services bought and any services offered.
6.13. In case a dispute should arise between Users during the use of the Website, the User shall send his claims directly to the other User(s) involved, without involving Macropoker in the process. Users shall hold Macropoker (and its management, staff and agents) harmless in case of any claims made by a User(s). Moreover, Macropoker shall not be held responsible for any losses incurred by User(s), including any attorney fees incurred as a direct result of any disputes arising through the use of the Website.
6.14. In case of a dispute between two or more Users, they agree to free Macropoker (and its management, staff and agents) of any responsibilities, claims and compensation of losses, harm and other related expenses. Having agreed to this rule, a User shall reject any defensive measures (legal or otherwise) which would aim to bypass this clause.
6.15. The Macropoker management reserves the right to decline, delete or move any post published on the Website if it violates this Agreement, without any notice.
6.16. No refunds will be issued for any of the Website's paid services. In certain cases, however, Macropoker reserves the right to transfer a certain amount of money to a User's internal Macropoker account as means of compensation. Such decisions will be made entirely at the Macropoker management's discretion and will not be subject to negotiation.
6.17. Macropoker reserves the right to request validation of any information provided by a User during registration. Therefore, Macropoker management reserves the right to request from its Users document copies (for instance, copies / notarized copies of ID, etc.). Refusal to provide such documents may be treated equal to the User providing non-authentic information on the Website.
6.18. Macropoker is not a party in any deals made between Users through the Website. The Website merely provides Users with a platform to post their services and classifieds for a fee, to buy and sell legal goods or services. Our service fees can be found in our Price List. We reserve the right to change our prices without notice.
6.19. Macropoker is unable to control the authenticity of information published by its Users. Macropoker shall not bear responsibility for any harm or losses incurred by Users or anyone else as a direct or indirect result of any deals carried out through the Website.
6.20. Macropoker shall not be responsible for the behavior of User(s) or for services or goods offered by the User(s). All disputes and misunderstandings shall be resolved between the User(s) involved in the deal, without any intervention from Macropoker staff.
6.21. Quality, security, legality and the accuracy of descriptions of posted services or goods shall not be controlled by Macropoker. The ability of a User to actually provide the services or goods he advertised shall not be controlled by Macropoker.
6.22. Macropoker requests from Users to be careful and use common sense when employing the services on the Macropoker platform. Users shall take into account that their contractor(s) may be under-age individual(s) or that they may actually be posing as someone they aren't. By using any of the Macropoker services you confirm that you understand these risks, and confirm that Macropoker shall not be held responsible for any deals or actions carried out by any User(s).
6.23. Under no circumstances shall Macropoker, its management or staff be held responsible for direct, indirect, accidental or conscious harm or penalties (even if Macropoker was alerted to the possibility of such harm or penalty occurring) arising as a direct or indirect result of using the Website or any of its Services by a User, regardless of whether the Website and/or its services were used appropriately or inappropriately by the User(s).
6.24. No part of this Agreement shall be taken to mean that there is a relationship formed between a User and Macropoker, be it an agency/client relationship, a partnership relationship, an employee/employer relationship, or any other type of relationship not mentioned explicitly within this agreement.
6.25 The website charges commission only from video purchase transactions. However the commission is paid by the seller. The commission is 25% and it is charged automatically when seller receives money on his Macropoker account. The example: if a person sells video for $12 and the file was bought, his Macropoker account will be credited with $9. The system will charge $3 automatically.
|Type of service||Commission|
|Sale of video from one Macropoker user to another||25%|
6.26. Users don’t pay commissions for depositing money to their Macropoker wallets. All fees related to depositing money can by applied only by payment operators. The example: registered Macropoker user deposits $10 to his Macropoker account using Skrill. $10 will appear on the Macropoker account of the user.
|Bank Wire||$1 + 1.5%||0%|
Dash (-) means, that withdrawal with this option is currently unavailable.
6.27. The minimal deposit amount may differ for different payment options. You can see the minimum and maximum deposit values for all payment options below:
|Bank Wire||$1||$1 000|
6.28 Macropoker users can withdraw money from their Macropoker accounts received by selling of videos. Users can withdraw money received from transactions instantly. Funds will appear on your account within 2-3 business days from the time of request. Money previously deposited by users can be withdrawn after 7 days since depositing.
6.29 Users don’t pay fees when they withdraw money from Macropoker accounts to their personal accounts. For instance, if a user withdraws $100 from his Macropoker account, he would receive $100 on his personal account account.
6.30 For minimizing fraud risk and providing security of users’ funds, it is allowed to withdraw money from Macropoker account only to user’s account which was already used to deposit to Macropoker account.
6.31 If a user has requested the return of the money, is unable to watch video due to technical problems or it doesn’t match with the provided description, we cancel the purchase of a video and return the full amount of funds with the compensation of paid commission.
This Agreement, your completed Affiliate Sign Up Form, any other guidelines or additional terms we provide to you via email or on our site and the associated Payment Plan (together the "Agreement") contain the complete terms and conditions that apply to your participation in the MacroPartners online affiliate programme. In the event there is a conflict between this Agreement and any other additional terms, this Agreement shall take precedence unless such additional terms expressly reference variation to this Agreement.
Where used in this Agreement, references to:
(i) "you", "your" and/or "Affiliate" mean the individual or entity that applied as the "BENEFICIARY" for payment purposes on our sign-up form as submitted at our website ("Affiliate Sign-up Form") or such other individual or entity as mutually agreed between you and Us.
(ii) "we", "our", "us" means Macropoker Social Limited, a company registered in Isle of Man with company number 008698V and whose registered office is 12-14 Finch Road, Douglas, Isle of Man, IM12PT.
7.1.1 This Agreement shall govern our relationship with you in relation to the Affiliate Programme for the Site and modifies, replaces and supersedes any previous affiliate agreement you have entered into with us.
7.1.2 When you indicate your acceptance of these terms and conditions on the Affiliate Sign-up Form, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.
7.1.3 You are providing, under this Agreement, marketing services to us, as an independent contractor. Neither party to this Agreement is an agent, representative or partner of the other Party. You shall have no right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability on behalf of, or to otherwise bind, us. This Agreement shall not be interpreted or construed to create an employment relationship, an association, agency, joint venture or partnership between us and you or to impose any liability attributable to such a relationship upon either party.
7.1.4 We may modify any of the terms of this Agreement at any time, in our sole discretion, by either (i) emailing you a change notice or (ii) by posting the new version of the Agreement on our Website. Except in the case of modifications relating to fraud prevention or where there is a mistake in the Agreement, which shall be effective on the date of posting or the sending of such notice (whichever is the earlier), all modifications to the Agreement will only take effect FOURTEEN (14) days after the date of posting or sending of any such notice (whichever is the earlier). It is your responsibility to visit the Website frequently to make sure you are up to date with the latest version of the Agreement and its provisions. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE NETWORK FOLLOWING SUCH FOURTEEN (14) DAY PERIOD WILL BE DEEMED BINDING ACCEPTANCE OF THE MODIFICATION. You hereby consent that MacroPartners may unilaterally terminate, vary or transfer this Agreement at any time.
7.2 TERMS & CONDITIONS
7.2.1 Identity and Disclosure. You shall provide true and complete information to us when completing the Affiliate Sign-up Form and promptly update such information if all or any part of it changes. You shall also provide us with such other information as we may reasonably request from time to time.
7.2.2 Marketing Activities and Responsibilities. You shall market to and refer potential Clients to the Site. You will be solely liable for the content and manner of such marketing activities. All such marketing activities must be professional, proper and lawful under applicable rules, regulations or laws (including any laws in relation to the content and nature of any advertising or marketing) and otherwise comply with the terms of this Agreement. You shall not yourself, nor shall you authorize, assist or encourage any third party to:
188.8.131.52 Place Marketing Materials on any online site or other medium where the content and/or material on such website or medium is potentially libellous, malicious, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or that is, in our sole discretion otherwise unsuitable;
184.108.40.206 Develop and/or implement marketing and/or public relations strategies that have as their direct or indirect objective the targeting of marketing of us, the Site and/or the Website to any persons who are less than 18 years of age (or such higher age as may apply in the jurisdiction that you are targeting), regardless of the age of majority in the location where you are marketing;
220.127.116.11 Breach the Electronic Marketing Rules;
18.104.22.168 Use Marketing Materials in a manner that may potentially confuse a Client or potential Client;
22.214.171.124 Place Marketing Materials on any online site or other medium where the content and/or material on such online site or medium:
Infringes or aids in the infringement of the Intellectual Property Rights of any third party
Copies or resembles the Site in whole or in part
Disparages us or otherwise damages our goodwill or reputation in any way
Frames any page of the Site in whole or in par;
You must have a sufficient 'copyright infringement policy' in place so that either (i) on receipt of a takedown notice from a rights holder, (ii) where an independent third party puts you on notice that content contained on your site is infringing the intellectual property of a third party or (iii) where you reasonably suspect that any of the material on your website infringes the intellectual property of a third party, you shall immediately remove the infringing material from your website. Failure to remove any infringing content from your website shall be deemed a material breach of this Agreement which is incapable of remedy and we reserve the right to suspend or terminate any of your Trackers or to terminate this Agreement in its entirety, immediately without notice.
126.96.36.199 Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any other person;
188.8.131.52 In any way alter, redirect or in any way interfere with the operation or accessibility of the Site or any page thereof;
184.108.40.206 Take any action that could reasonably cause any end-user confusion as to our relationship with you or any third party, or as to the ownership or operation of the site or service on which any functions or transactions are occurring;
220.127.116.11 Post, serve or publish any advertisements, communications or promotional content promoting the Site, our Services or Our Marks around or in conjunction with the display of the Site and/or any part or page thereof (for example and without limitation through any "framing" technique or technology or pop-up windows or pop-under windows or interstitials);
18.104.22.168 Cause any of the Services (or any parts or pages thereof) to open in a visitor's browser or anywhere else used for accessing the Services other than as a result of the visitor clicking on Banners or Text Links contained in or as part of any Marketing Materials;
22.214.171.124 Attempt to intercept or redirect (including via user-installed software) traffic from or on any online site or other place that participates in our Affiliate Programme;
126.96.36.199 Use any means to promote any of the Sites that resemble in any way the look and/or feel of any of the Sites whether in whole or in part, nor utilise any such means or site to create the impression that such sites are the Site (or any part of the Site);
188.8.131.52 Attempt to communicate to Clients whether directly or indirectly on our Site to solicit them to move to any online site not owned by us or for other purposes without our prior approval including but not limited to via email,
7.3. REPORTS & PAYMENTS
7.3.1 Reports. We will track and report Player activity for purposes of calculating your Fees based on your Payment Plan. The form, content and frequency of the reports may vary from time to time in our sole discretion. Generally, you will receive a monthly report with your payment indicating the number of new Clients that signed up that month per Tracker and/or the total amount due to you after any deductions or set offs that we are entitled to make under this Agreement on the first day of each month.
7.3.2 Fees. Subject to Section 4.4 below, Fees will be paid to you on a first day of each month in accordance with your Payment Plan after you have completed the registration process.
7.3.3 Player Tracking. You understand and agree that potential Clients must link through using your Tracker ID or use your sign-up bonus code in order for you to receive Fees. In no event are we liable for your failure to use Trackers or for potential Real Money Player's failure to properly enter valid Sign-up Bonus Codes. Notwithstanding any other provision herein, we may at any time and in our sole discretion alter our tracking system and reporting format.
7.3.4 Disputes. If you disagree with the monthly reports or amount payable, do NOT accept payment for such amount and immediately send us written notice of your dispute. Dispute notices must be received within thirty (30) days of our making available your monthly report or your right to dispute such report or payment will be deemed waived and you shall have no claims in such regard. Further, acceptance of payment transfer or acceptance of other payment from us by you will be deemed full and final settlement of Fees due for the month indicated. Notwithstanding the foregoing, if any overpayment is made in the calculation of your Fees, we reserve the right to correct such calculation at any time and to reclaim from you any overpayment made by us to you.
7.3.5Calculation. The Revenue Share payable shall be calculated as follows:
Partners profit = Total paid by referrals * (1 - 0.1) * partners revenue share percentage, whereby (1 - 0.1) reflects a decrease of total sum paid by referrals at 10% to cover administrative costs (commissions of payment systems, etc.)
7.3.6 Partners revenue share percentages table:
0 new clients per month - 0%
1-5 clients - 20%
6-20 - 25%
21-50 - 30%
51-90 - 35%
91-140 - 40%
141-200 - 45%
200+ - 50%
7.4. TERM AND TERMINATION
7.4.1 Term and Termination. This Agreement will take effect when you indicate your acceptance of these terms and conditions on the Affiliate Sign-up Form and continue until terminated in accordance with the terms of this Agreement.
7.4.2 Termination By You. You may terminate this Agreement, with or without cause, immediately upon written notice to us by sending an email marked "Termination MacroPartners" to email@example.com. For the avoidance of doubt, termination of the Agreement will end your participation in the Affiliate Programme as a whole. In the event that you elect to terminate this Agreement, you must withdraw all monies in your Affiliate Cashier Account within thirty (30) days of sending the above-mentioned email. If such monies have not been withdrawn by such time then they shall be deemed forfeited and shall revert to us.
7.4.3 Termination By Us. We may terminate this Agreement or without terminating this Agreement as a whole, any specific Trackers, without cause at any time, upon written notice to you that we may send by email to such email address you have provided to us or by fax to such fax number you may have provided to us. In the event we terminate the Agreement as a whole, we shall be entitled to automatically render any Trackers inoperative. For the avoidance of doubt, on termination of this Agreement you will no longer receive any Fees. If we terminate a specific Tracker, you will no longer receive any Fees through that Tracker; however, your remaining Trackers will not be affected.
7.4.4 Suspension By Us. In any circumstance where we are entitled to terminate this Agreement or terminate any specific Tracker, we may at our sole discretion and without prejudice to our further rights and remedies, suspend the Agreement or any specific Tracker. During the period of any suspension, we may withhold the payment of any Fees that relate to any affected Trackers.
7.4.5 Effect of Termination. The following will apply where we terminate:
You shall stop promoting the Site and all rights and licenses given to you under this Agreement will terminate immediately.
You shall return all confidential information and cease use of any of Our Marks and the Marketing Materials.
We may leave open, redirect or deactivate any Trackers and/or Tracker URL's in our sole discretion without any obligation to pay you for Users who subsequently become Clients.
Provided that we have paid or do pay to you such sums as are due at the date of termination and that shall be subject to any rights we have to make deductions hereunder, we will have no further liability to pay you any further sums.
What information do we collect?
We collect information from you when you register on our site, place an order or subscribe to our newsletter.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or mailing address. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
; To personalize your experience
(your information helps us to better respond to your individual needs)
; To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
; To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
; To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
; To send periodic emails
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://macropoker.com/en/page/tnc/
12-14 Finch Road, Douglas, Isle of Man, IM12PT
Isle of Man
9.1. MACROPOKER reserves the right to update or modify the present Terms of Agreement or any of its parts at any time and without prior notice, and such an amended Agreement will become binding to Users within 14 days of it being published on the website. Therefore, we suggest you check our Website periodically to see if any updates have been made. The fact that you continue using the Website is a confirmation of your consent to any changes made in the Agreement.
10. Regulatory Legislation
10.1. This Agreement, and everything connected with it, is governed by and is written in accordance with the laws of the Isle of Man, except for those provisions which conflict with these laws. Each party irrevocably agrees that the corresponding courts of the Isle of Man shall have the exclusive jurisdiction in respect to any claims, disputes or disagreements relating to this Agreement and any matters arising as a result of these disagreements, and irrevocably abandons any rights to appeal to an improper court.
11.1. If any provision of this Agreement is or becomes illegal, invalid or unsecured by obligation in any jurisdiction, it will not affect the lawful validity or enforceability in the proper jurisdiction of any other provisions of the present Agreement, as well as the lawful validity or enforceability in other jurisdictions of any other provisions of this Agreement.
12. Use of Data
12.1 Use of data from site to abuse other players is unacceptable. We will refuse to accept new subscription requests from persons reported doing this. Current subscribers guilty of abusive use of the statistics may have their subscriptions immediately terminated with no refund, at our discretion. Any player found to be using the statistics within this database to abuse other players will also forfeit their option to a block of their own data.
12.2 Data Removal Policy: You may send an email to firstname.lastname@example.org and provide the player name(s)/network(s) you wish to be removed and your data will be made inaccessible to all users. Multiple removal requests from the same email address will not be accepted. When 2 people claim a player name and disagree on whether the statistics should be blocked, we will ask both users to validate their identity in a poker room chat window.
13. Final Provisions
13.1. In the event of any disputes or disagreements related to the execution of these Terms and Conditions, the User and the Website Administration will make every effort to resolve them through mutual negotiations. If disputes are not settled by negotiation, they shall be resolved in accordance with the applicable laws of the Isle of Man jurisdiction.
13.2. These Terms and Conditions shall become binding for the User since his/her accession to them, and they remain in force for an indefinite period of time.
13.3. These Terms and Conditions were written in English and may be provided to Users in another language for review. In case of any discrepancies between the Terms in English and in the other language, the provisions of the English version of these Terms and Conditions shall stand.