Terms and Conditions
These are the basic rules and legal stuff that go with using the
site. It isn't supposed to be complicated stuff so if you have any
questions about it or you are unsure of something then please contact us with your
enquiry.
(1) AGREEMENT BETWEEN USER AND RAKETHERAKE.COM AND
POKERLOYALTYPROGRAMS.COM
The RakeTheRake.com (RakeTheRake, RTR) website is offered to you
conditioned on your acceptance without modification of the terms,
conditions and notices contained herein. Your use of the
RakeTheRake website constitutes your agreement to all such terms,
conditions and notices. For the benefit of this agreement the name
RakeTheRake is interchangeable with PokerLoyaltyPrograms and
likewise RTR with PLP throughout.
(2) MODIFICATION OF THESE TERMS OF USE
RakeTheRake reserves the right to change the terms, conditions
and notices under which the RakeTheRake website is offered at any
time without notice. These updates will take effect as soon as they
are posted here. It is your responsibility to check back regularly
for any changes. Please note that the rates of rakeback for which
you qualify are determined by the Poker Rooms with whom we work. If
for any reason the Poker Room decides to reduce this rate at a
later date for any reason, it is not a decision that we can affect.
Providing we are informed of such change as well, we will endeavour
to give you notice as soon as we can. It is your responsibility
when signing up to a poker room to make sure that you adhere to the
terms and conditions of that room, and are not contravening any
rules/laws that the poker room or the territory/state/country (in
which you are resident) have governing an account such as age or
legality to wager on line. If for whatever reason a poker room
offering rakeback defaults on its agreement to pay rakeback to you,
RTR shall not be liable for any outstanding rakeback monies
(including any outstanding monies or prizes for previous or current
promotions, including but not limited to rake races, chases and
cash/prize freerolls) owed to any player by that room.
(3) CHARGEBACKS AND PAYMENTS
All Poker rooms have the right to withhold rakeback payments in
the event they believe that there is reason to believe that a
player is using their poker account for fraudulent purposes. In
this event they can refuse to release commission to RakeTheRake.
Whilst these occurrences are few and far between, they are
nonetheless possible and such player may be required by the room to
pay such amounts withheld. RakeTheRake depends on reports from the
poker rooms to display the amount of rake generated and rakeback
earned by players. The gross/rake numbers we receive from the poker
rooms at the month end are subject to change at any time on account
of extra/missing data, fraud and chargebacks. Poker software
systems such as Poker Tracker and Poker Office do NOT provide
accurate data. See FAQs for more information on this. The month end
reports that we get from the poker rooms are final and RakeTheRake
are unable to enter into any discussion with any poker room on this
issue as this would breach the poker room's player confidentiality
rules. If you feel that the amount of rake you have generated in
any given month is wrong, you will need to consult directly with
the poker room before talking to RakeTheRake. In order for a player
to receive payments, RakeTheRake need to access online reports from
the Poker Rooms they are affiliated with. These reports in the
various forms show some, or a combination, of the following
information: Player Name, player email, Player ID Number, Number of
raked hands played, Rake generated in a given month, Overall Rake
generated. By signing up through RTR with any poker room for
rakeback or VIP program, you are granting us permission to view
these reports and are also granting permission for the respective
poker room to allow us access to see said reports and the
information contained therein.
(4) SPECIFIC POKER ROOM INFORMATION
All rakeback payments are calculated upon net rake. On occasion
this is done once player retention bonuses, any other site
give-aways and transaction charges have been deducted by the Poker
Rooms. Some rooms do not deduct bonuses. At some rooms negative net
rakes at the end of a month are carried forward by RTR to the next
month regardless of whether the associated poker room resets
negative balances for RakeTheRake to zero. This is because
RakeTheRake net rake for a poker room is calculated as a total of
all players belonging to that room. Therefore a net negative rake
player will offset a player with a positive rake and whilst the
positive rake player qualifies for rakeback, RTR is not allocated a
corresponding commission from the poker room because of the other
player's negative contribution. Therefore negative rake must be
carried forward to make up for the losses incurred by RTR. Players
registered to more than one account through RTR will have their net
rakes combined and if possible negative balances will be offset
against positive ones and any referral fees or rake race/chase
winnings. If a player signs up for poker rakeback and also chooses
to play at that Poker room's casino (if it has one) they will not
be entitled to cashback on any losses they occur at the casino. A
player who signs up through a RTR poker link will only be entitled
to rakeback on poker providing the room they have chosen caters for
it. Some poker rooms offset a player's casino play against their
rake generation. If this is the case casino winnings are offset
against poker rake generated and so a player may find that they
receive reduced or no rakeback at all in a given month. RakeTheRake
shall not be liable for any change of rakeback program or loyalty
scheme by a poker room which results in any loss of income for any
player regardless of whether or not the player was adequately
informed of said change by either the room or RTR. It is always the
player's responsibility to check the precise terms of the
loyalty/rakeback program with the poker room should they suspect
any change in said program.
Absolute Poker - Absolute also make deductions
for points used in their online store and for transaction charges
(currently only for US players) - these vary between 7-10%
depending on your method of deposit. Negative balances at the end
of the month are carried forward to the following month.
UB Poker - Ultimate also make deductions for
points used in their online store and for transaction charges
(currently only for US players) - these vary between 7-10%
depending on your method of deposit. Negative balances at the end
of the month are carried forward to the following month.
Full Tilt - Please note that Full Tilt deduct
transaction charges for deposits and some withdrawals, points used
for merchandise in the stores and contributions for overlay
freerolls from a player's MGR. Please also note that if your
account at FT is closed due to already having a primary account you
will not necessarily be entitled to any further rakeback on that
account. This will be at the discretion of Full Tilt. Whatever
amount you have received up until that point you can keep but you
may not be able to get any balance owed transferred to another
account. Duplicate real money accounts are against FT's Terms &
Conditions. Negative balances at the end of each week are carried
forward by FT.
Unibet - Unibet deduct 10% from the gross rake
for the Microgaming network charge. This means that the net rake on
which your rakeback is calculated is 90% of gross rake.
Cheques - Players requesting payments by cheque
should be advised that their bank may charge them for receiving a
cheque from a non US bank. Our cheques are issues in Sterling GBP.
We always advise all players to select the most economical method
of receiving their rakeback. This is usually via transfer to a
poker account.
Paradise Poker - We advise players at Paradise
NOT to exchange their FPP (Frequent Player Points) for tournament
entries as this conversion is done at €0.25 per point and so each
point will cost you €0.075 in rakeback. Paradise also deduct FPPS
that you spend in their store from your rake before rakeback
calculations are made at the same rate. So you should be sure that
the item you are buying is worth the same as the amount of rake
that is being deducted.
Fortune Poker - We advise players at Fortune
Poker NOT to exchange their FPP (Frequent Player Points) for
tournament entries as this conversion is done at €0.25 per point
and so each point will cost you €0.075 in rakeback. Fortune also
deduct FPPS that you spend in their store from your rake before
rakeback calculations are made at the same rate. So you should be
sure that the item you are buying is worth the same as the amount
of rake that is being deducted.
InterPoker - We advise players at InterPoker NOT
to exchange their FPP (Frequent Player Points) for tournament
entries as this conversion is done at €0.25 per point and so each
point will cost you €0.075 in rakeback. InterPoker also deduct FPPS
that you spend in their store from your rake before rakeback
calculations are made at the same rate. So you should be sure that
the item you are buying is worth the same as the amount of rake
that is being deducted.
Poker Heaven - All Poker Heaven players receive
FPPs for their game play as a reward for their loyalty. An FPP has
no value, it is simply a measure of how PokerHeaven rewards players
which can be exchanged for 30% rakeback or gifts, you cannot use
the same FPPs that you earn on both rakeback and in the store. If a
rakeback player uses his FPPs in exchange for a gift then his
rakeback will be reduced dramatically as the value of the points is
removed from his rake. We advise players at PokerHeaven NOT to
exchange their FPPs (Frequent Player Points) for tournament entries
or anything from the store as we do not consider the exchange value
for money.
Mansion Poker - Players who are signed up via the
RTR Rakeback program at Mansion will be unable to use their Mansion
Points as they would normally be able to. This is the policy of
Mansion poker and is the same for all players across all rakeback
affiliates.
William Hill - Players must be due at least £1 in
rakeback when weekly payments are made by WH in order to receive
any payment. WH does not carry over amounts from week to week
Cake Poker Network Rules - The Cake Poker Network
does not allow multiple rakeback accounts. If you open a second
rakeback account you may not be able to receive rakeback but if
tracked to us will be entitled to enter RTR promotions at that
room.
Merge Network Rules - The Merge Network does not
allow multiple rakeback accounts. If you open a second account you
may not be able to receive rakeback.
All Rooms - By signing up through RakeTheRake you
accept that your rake and other data such as points/hands played
will be provided to us by the poker room/casinos with whom we are
affiliated. You also accept that we will on occasion, for the
purpose of races, freerolls and other leader boards display this
data publicly. We will never display or disclose to a third party
any other personal data specific to you of your account.
(5) REFERRAL AND AFFILIATE MARKETING
You may use Marketing Materials for the sole purpose of
marketing to and referring potential players through RakeTheRake to
Poker Rooms. You will only use marketing materials that have been
provided by us and/or pre-approved by us (collectively the
"Marketing Materials"). You will not modify RakeTheRake marketing
materials without our prior written consent.
All marketing activities must be professional, proper and lawful
under applicable rules or laws. You represent and warrant that you
will not place banners or text links to RakeTheRake on any website,
or use any media or medium, that is libellous, discriminatory,
obscene, unlawful or otherwise unsuitable or which contains
sexually explicit, pornographic, obscene or graphically violent
materials.
You will not actively target your marketing 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 you are marketing.
You will not use Spam, Adware or Spyware in your marketing
attempts. This includes but it is not limited to, talking about
rakeback in the chat at online tables
Under no circumstance are you allowed to use the Marketing
Materials or any other promotional materials provided by us in a
manner that may potentially confuse a potential player or third
party.
Violation of any provision set out above will cause you to forfeit
all outstanding monies, including any rakeback earned, referral
fees and any outstanding prizes. This may extend across all poker
rooms and networks covered by RTR.
There are some rooms where we are unable to provide referral fees
for players you may have referred. These rooms are those which do
not provide us with any player by player monthly breakdown of rake
due to network rules etc. or where the rooms do not pay us
sufficient margins to allow us to pay referral fees. These include
but are not limited to Bet365, Hollywood Poker, PokerStars, Everest
Poker, Party Poker and Full Tilt. No referral fees will be paid for
players at High Pulse Poker as they have their own referral program
which rewards you for any player you refer to them. No referral
fees will be paid for players at 888 as of 1st April 2012.
No referral fees are paid on any casino rooms affiliate through
RakeTheRake or PokerLoyaltyPrograms.
All referral payments are transferred directly to the referrer's
account on RTR. These monies are usually paid on or before the
18th of the following month (providing the referrer has
selected a valid payment method). These payments are usually made
in good faith and in advance of RTR receiving the commission for
the referred players activity (in that previous month) from the
poker rooms. If for whatever reason RTR does not receive these
monies, we reserve the right to reverse the referral credits on the
referrer's account (for the relevant months) until such time that
the funds are received from the poker room (at which point they
shall be re-credited). RTR shall not be liable for any referral
monies owed to any referrer for any referral activity if no
commission for that same referred activity is ever received by RTR
from the room(s) in question.
(6) LINKS TO THIRD PARTY SITES
The RakeTheRake website may contain links to other websites
("Linked Sites"). The Linked Sites are not under the control of
RakeTheRake and RakeTheRake is not responsible for the contents of
any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site.
RakeTheRake is not responsible for webcasting or any other form of
transmission received from any Linked Site. RakeTheRake is
providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by RakeTheRake of
the site or any association with its operators.
(7) NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the RTR website, you warrant to
RakeTheRake that you will not use the RTR website for any purpose
that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the RTR website in any manner which could
damage, disable, overburden, or impair the RTR website or interfere
with any other party's use and enjoyment of the RTR website. You
may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for
through the RTR websites.
(8) LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE RTR WEBSITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. RAKETHERAKE AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE RTR WEBSITE AT ANYTIME. ADVICE
RECEIVED VIA THE RTR WEBSITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION. IT IS YOUR DUTY TO CHECK BACK REGULARLY FOR ANY
CHANGES IN THE TERMS AND CONDITIONS. THIS VERSION MODIFIES,
REPLACES AND SUPERSEDES ALL PRIOR VERSIONS OF THIS AGREEMENT.
RAKETHERAKE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE RTR WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. RAKETHERAKE AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL RAKETHERAKE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE RTR WEBSITE, WITH THE
DELAY OR INABILITY TO USE THE RTR WEBSITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE RTR WEBSITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE RTR WEBSITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RAKETHERAKE OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE RTR WEBSITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE RTR WEBSITE.
(9) COPYRIGHT AND TRADEMARK NOTICES
All contents of the RakeTheRake.com website are: Copyright 2004
RakeTheRake.com and/or its suppliers. All rights reserved.
(10) TRADEMARKS
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners. The example
companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred. Any rights not expressly granted herein are reserved.
(11) GOVERNING LAW
This Agreement shall be governed by the laws of England and
Wales as are in force from time to time including, without
limitation, the Electronic Communications Act, 2000 (C.7). By
accepting this Agreement, you agree to submit to the exclusive
jurisdiction of the location that we determine in our sole
discretion in respect of any disputes arising out of, or connected
with, this Agreement. Nothing in this paragraph shall prevent us
from applying to the courts of any jurisdiction for such
provisional or protective measures as are available under the laws
of that jurisdiction.
