Terms & Conditions

Affiliate Agreement

R.M Royal Media Ltd upholds the most respect and appreciation to all its Affiliates. We hereby welcome you to be part of our team.

• 1. GENERAL.
• • 1.1. This Affiliate Agreement (the "Agreement") was last updated on November 18th 2007.
  • 1.2. This Agreement contains the complete terms and conditions between ourselves, R.M Royal Media Ltd ("RummyRoyal" or "we"), and you, regarding your application to participate as an affiliate ("Affiliate") of RummyRoyal Affiliate Program.
  • 1.3. As an affiliate your role will be to market and promote the "RummyRoyal.com" website including its applications (the "Site").
  • 1.4. Execution by you of this Agreement as set forth below constitutes your acceptance of the terms and conditions of this Agreement, and will be a legally binding agreement between you and us.
  • 1.5. If you do not wish to accept all the terms and conditions of this Agreement, then do not market or promote the Site. Any unauthorized or voluntary marketing or promotion without accepting the Terms & Conditions of this Agreement is at your sole risk and you will be exposed to any further legal actions as we deem appropriate.

• 2. DEFINITIONS.
• • 2.1. Affiliate: A person or entity who promotes the Site through its websites or through any other marketing efforts/ways, approved by RummyRoyal.
  • 2.2. Affiliate Username: The identification code assigned to each Affiliate when such Affiliate is confirmed by RummyRoyal as a participant in the Affiliate program.
  • 2.3. Marketing Material: Banners, text links or any other means of graphics, pictures, animation, artwork, text or in any other way/form that was approved by RummyRoyal that an Affiliate uses to market and promote the Site or hyperlink Players from Affiliate's website to the Site.
  • 2.4. Affiliate Program: The RummyRoyal Affiliate program.
  • 2.5. Affiliate Website: The website through which the Affiliate markets and promotes the Site.
  • 2.6. Bonus Offers: Special offers to players that give them extra cash or giveaways upon opening the Player Account or making a real money deposit.
  • 2.7. Sub-affiliate: Any person or entity which was referred to this Affiliate Program by you and which was approved by RummyRoyal as yours.
  • 2.8. Earnings: The sum of all Affiliate earnings, be it Revenue Share, CPA, Flat Fee, Sub-Affiliate compensation or a Hybrid deal based solely and exclusively on RummyRoyal system's data and calculations in accordance with the payment plan selected by the Affiliate and approved by RummyRoyal.
  • 2.9. Balance: means the amount due and payable to the Affiliate, if any, based solely on RummyRoyal's system data.
  • 2.10. Rake: The amount of money a Real Player pays RummyRoyal in order to play.
  • 2.11. Net Rake: The sum of Rake produced by Affiliate's players less: Bonuses, Chargebacks, Credits or promotional amounts.
  • 2.12. Commission/Revenue Share: The percentage of the Net Rake that the Affiliate receives.
  • 2.13. Cost Per Acquisition (CPA): One time payment for new real money players that created a certain Rake threshold at the end of their first month playing on the Site.
  • 2.14. Flat Fee: A predetermined amount of money to be paid on a monthly basis to the Affiliate with no relation to the number of players that he brings or to their Net Rake.
  • 2.15. Hybrid: The combination of one or more of these payment Plans: Revenue Share, CPA, Flat Fee and Sub-Affiliate earnings.
  • 2.16. Fraud Traffic: Any deposits, Net Rake or traffic generated at the Site through illegal means or in bad faith to defraud RummyRoyal, regardless of whether or not it actually causes harm to RummyRoyal. Fraud Traffic includes but is not limited to spam, false advertising, deposits generated by stolen credit cards, collusion, manipulation of the service, system, bonuses or promotions, offers to share the Affiliate Fee directly or indirectly with players, and any other unauthorized use of any third party accounts, copyrights or trademarks.
  • 2.17. Player: A person that opens an account on the Site through your Tracking Link or your Bonus Code.
  • 2.18. Player Account: The account opened by a Player.
  • 2.19. Real Player: A player that makes real money deposit to his/her Account.
  • 2.20. New Player: A player for fun only.
  • 2.21. Spam or unsolicited promotions: Any emails or any other messages that are circulated by you, directly or indirectly, including messages that are posted on newsgroups, chats and other types of online forums and which: a) are directed at people who have not consented to receiving promotional messages from you; b) contain false or misleading statements; c) do not truthfully identify the source or the originating IP Address; or d) do not provide the recipient with an option to easily remove them from receiving future mailings or promotions.
  • 2.22. Welcome Bonus incentive: Special offers to players that give them extra cash or giveaways when they enter a Bonus code when opening an account or making a real money deposit.
  • 2.23. Monthly payments: Earnings as calculated once a month for calculation of the Affiliate Earnings.
  • 2.24. Incentivized traffic: Means the use of giving some form of compensation to visitors for visiting the Site. Incentives may come in the form of cash, points, merchandise or other means. RummyRoyal reserve the right to veto Incentivized traffic.
  • 2.25. Affiliate manager: The person in the RummyRoyal Affiliate program responsible for the Affiliate.
  • 2.26. RummyAffiliates.com: Internal Affiliate website.
  • 2.27. Bonus Code: A unique alphanumeric code that Players may enter when opening a Player Account for the purpose of recording that the Player has been referred to the Site by the Affiliate.
  • 2.28. Rake Back: Proportional rebate, refund, payment or credit paid to Player after having contributed to the Earnings, either directly by an offer or promotion to Player from Affiliate, or indirectly by an offer or promotion to Player from Affiliate's partners, affiliates, associates, distribution channels or otherwise.

• 3. APPLICATION AND ENROLLMENT.
• • 3.1. To become an Affiliate you will have to submit a completed Affiliate Program Application. If accepted, you will receive an email welcoming you to our Affiliate Program. We reserve the right to reject your application if we determine, in our sole discretion, that your site is not suitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content on your site that we deem is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable, which by way of example only, contains (i) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) graphic violence, (iv) politically sensitive or controversial issues or (v) any unlawful behavior or conduct. Similarly, we shall reject your application if we determine, in our sole discretion, that your site is designed to appeal to minors.
  • 3.2. If we reject your application, you are welcome to reapply to the Affiliate Program at any time.

• 4. PROTECTION OF MINORS.
• • We do not allow anyone under the age of 18 to register with or play for real money on our Site. Our Site is not designed to attract children or adolescents, and we take certain measures to block underage persons from playing for real money on our Site. Therefore, we shall reject your application if we determine, at our sole discretion, that your site is designed to appeal to minors and, as such, is not suitable for our Affiliate Program.

• 5. SETTING UP LINKS.
• • 5.1. In the event of your acceptance to the Affiliate Program, we will make available to you, banner advertisements, button links, text links or any other links as determined by RummyRoyal which shall all link to the Site ("Link" or "Links"), which you may display on your site, provided you abide by the terms and conditions of this Agreement. In using the Links, you agree that you will cooperate fully with us in order to establish and maintain the Links.
  • 5.2. If during the term of this Agreement you wish to place the Links on websites other than those you have previously reported to RummyRoyal and which RummyRoyal have approved (the "Alternative Sites"), you shall be obligated to notify RummyRoyal about the placement of the Links on the Alternative Sites. Provided, that the Alternative Site and the use of the Links abide by the terms and conditions of this Agreement.
  • 5.3. You may not modify a Link, unless you have received prior written consent from RummyRoyal to do so. In the event that we determine that your use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links used by you.
  • 5.4. You may not advertise market or promote the Site in any way not approved by RummyRoyal including, without limitation, the use of spam e-mails.

• 6. REAL PLAYER.
• • 6.1. The number of Real Players per individual household computer is strictly limited to one. RummyRoyal’s measurements and calculations in relation to the number of Real Players and the relevant Gross Revenue figures below shall be the sole and authoritative tool for such measurements and calculations and shall not be open to review or appeal.
  • 6.2. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your site and the Site are properly formatted throughout the term of this Agreement.

• 7. COMMISSION PLAN.
• • 7.1. Revenue Share shall be the default payment plan.
  • 7.2. Affiliate may request to be paid according to the Cost Per Acquisition plan/Flat Fee plan/Hybrid plan and RummyRoyal will consider the request and notify the Affiliate whether his request was accepted or not, at RummyRoyal’s absolute discretion.
  • 7.3. The Affiliate shall be paid a monthly payment, up until the 15th of the following month.
  • 7.4. The Commission/Revenue Share/Cost Per Acquisition Plans shall be as specified in Appendix A.
  • 7.5. We hereby retain the right to change the Commission Plan by which you shall be paid as we shall see fit.
  • 7.6. In the event that you provide RummyRoyal with incorrect or incomplete details in relation to your payment plan and RummyRoyal is not able to transfer the commissions to you, RummyRoyal reserves the right to subtract from the commissions due to you an amount of money to reflect the required investigation and additional work created by your having provided incorrect or incomplete details. RummyRoyal shall be entitled to set-off from the amount of commission to be paid to you any associated costs related to the transfer of such commission.
  • 7.7. In the event that the commission to be paid to you in any calendar month is less than $50 (the "Minimum Amount"), RummyRoyal shall not be obligated to make the payment until such time as the commission is equal to or greater than the Minimum Amount.
  • 7.8. RummyRoyal retains the right to review all commissions for possible Fraud (as defined below), whether such Fraud may be on the part of the Real Player, on your part or on your behalf. During the period of time in which RummyRoyal shall review commissions for possible Fraud, RummyRoyal shall have the right to withhold any commission accrued in your favor until such time as the review has been concluded. Any incidence of Fraud on your part constitutes a breach of this Agreement, and RummyRoyal retains full authority to terminate this Agreement immediately in the event of such breach. Further, in the event that RummyRoyal deems that fraud has occurred, either on your part or on the part of a Real Player, you shall not be entitled to receive any commissions which have accrued to your benefit at such time whether such commissions were generated through fraud or otherwise.
  • 7.9. RummyRoyal retains the right to set-off from future commissions payable to you any amounts already received by you which can be shown to have been generated by Fraud. You are urged to provide accurate details in regard to the manner and information relating to your preferred method of receiving commissions and RummyRoyal shall not be held liable for your delayed receipt of commissions due to your provision of inaccurate details.
  • 7.10. For the purpose of this Agreement the term "Fraud" shall include, but shall not be limited to: (i) bonus abuse on the part of the Real Players, (ii) the encouragement by you or a third party of bonus abuse on the part of the Real Players, (iii) a chargeback executed by a Real Player in relation to their initial deposit, (iv) collusion on the part of the Real Player with any other player on the Site, (v) the opening of an account in breach of the terms of this Agreement, (vi) the offering or providing by you or any third party of any unapproved incentives (financial or otherwise) to potential Real Players and (vii) any other act by you or by a Real Player which is reasonably understood to have been committed in bad faith against RummyRoyal regardless of whether or not such action has resulted in any type of harm or damage to RummyRoyal.

• 8. CONTACT WITH REAL PLAYERS.
• • 8.1. All Real Players shall be considered to be customers of RummyRoyal only. Should you wish to contact a Real Player you are obligated to first receive RummyRoyal’s written approval for such contact and without such approval you are expressly forbidden from making contact and corresponding with Real Players.
  • 8.2. If in the opinion of RummyRoyal you either try to or do make contact with a Real Player without RummyRoyal’s written approval, RummyRoyal shall be entitled to immediately terminate this Agreement and to indefinitely withhold the balance owing to you at such time. Further, if following your receipt of RummyRoyal’s written approval for your contacting or corresponding with a Real Player, RummyRoyal deems that such contact or correspondence is against the best interests of RummyRoyal; RummyRoyal shall have the right to revoke the approval previously granted, to terminate this Agreement and to indefinitely withhold the balance owing to you at such time.

• 9. INTELLECTUAL PROPERTY.
• • 9.1. In the event of your acceptance to the Affiliate Program, we shall grant you a non-transferable, non-exclusive, revocable license to market and promote the Site and to place Marketing Materials on your site during the term of this Agreement, and solely in connection with the promotion of the Site, to use our logos, trade names, trademarks, service marks and similar identifying material (collectively, "Licensed Materials"). You are not permitted to alter, modify or change the Licensed Material in any way whatsoever.
  • 9.2. You may not use any Licensed Materials for purposes other than marketing and promoting the Site, without first submitting a sample of such use to us and receiving our prior written consent.
  • 9.3. You are not permitted to use the Licensed Materials in any manner that is disparaging or that otherwise portrays RummyRoyal or anyone else negatively.
  • 9.4. We may revoke your license to use the Licensed Materials at any time by written notice to you. You acknowledge that, except for the license which may be granted to you in connection hereto, you have not acquired and will not acquire any right, interest or title to the Links or the Licensed Materials by reason of this Agreement or your activities hereunder. The aforementioned license shall terminate upon the termination of this Agreement.

• 10. SUB-AFFILIATE PROGRAM.
• • 10.1. You may introduce potential Sub-Affiliates to RummyRoyal. Potential Sub-Affiliates will be required to submit a completed Affiliate Program Application and to declare, together with the application, which existing Affiliate referred him, and shall only be entitled to name one such referring Affiliate.
  • 10.2. RummyRoyal will evaluate the Sub-Affiliate application and in the event that the application is accepted you will be notified of our acceptance of the Sub-Affiliate introduced by you. We reserve the right, in our sole discretion, to reject a Sub-Affiliate application.

• 11. SUB-AFFILIATE AGREEMENT.
• • 11.1. As a condition to our acceptance of a Sub-Affiliate to the RummyRoyal Affiliate Program, each Sub-Affiliate will be required to accept the RummyRoyal Affiliate Agreement above.

• 12. SUB-AFFILIATE COMMISSIONS.
• • 12.1. Sub-Affiliate compensation exists only in the Revenue Share Payment Plan.
  • 12.2. Sub-Affiliates shall receive commissions from RummyRoyal in accordance with the Commission/Revenue Share plan as specified in Appendix B.
  • 12.3 You will be entitled to receive commissions from RummyRoyal in relation and proportion to commissions received by Sub-Affiliates introduced by you (a "Sub-Affiliate Commission").
  • 12.3. Your Sub-Affiliate Commissions shall be as follows:

  • Sub-Affiliate	Commission (% of Commission received by the Sub-Affiliate according to section 12.2)
    Tier 1	15%
    Tier 2	3%
    Tier 3	1%
    Tier 4	0.5%

• 13. RESTRICTIONS.
• • 13.1. In relation to Sub-Affiliates you are strictly prohibited from doing any of the following: (i) introducing yourself or a family member as a Sub-Affiliate, (ii) offering or providing a Sub-Affiliate or potential Sub-Affiliate any unapproved incentive (financial or otherwise) to act as or become a Sub-Affiliate, (iii) attempt to use the Sub-Affiliate program in any way whatsoever in bad faith against RummyRoyal.

• 14. OBLIGATIONS REGARDING YOUR SITE.
• • 14.1. You will be solely responsible for the technical operation of your site and the accuracy and appropriateness of materials posted on therein. You agree that your site will not, in any way, copy or resemble the look and feel of the Site nor will you create the impression that your site is the Site.
  • 14.2. You also agree that your site will not contain any content of the Site or any materials which are proprietary to RummyRoyal, except (i) with our prior permission, or (ii) materials obtained by you via the Affiliate Program information site in accordance with the provisions hereof or the policies or instructions therein.
  • 14.3. You will indemnify and hold RummyRoyal harmless from all claims, damages, and expenses (including, without limitation, attorney’s fees and expert witness fees) relating to the development, operation, maintenance, and contents of your site or any materials, products or services linked to therein.
  • 14.4. You hereby acknowledge that your conduct as an Affiliate shall reflect on RummyRoyal and has the potential to cause substantial damage to RummyRoyal’s reputation and goodwill and that you shall at all times consider the goodwill and reputation of RummyRoyal and RummyRoyal’s name.

• 15. TERM AND TERMINATION.
• • 15.1. The term of this Agreement will begin upon your acceptance to the Affiliate Program and will end when terminated by either Party. At any time, either Party may immediately terminate this Agreement, with or without cause, by giving the other Party written notice of termination, where such notice may be served via fax or e-mail. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
  • 15.2. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links, Licensed Materials, Marketing Materials and any other names, marks, symbols, copyrights, logos, designs, or other proprietary designations or properties owned, developed, licenses or created by us and/or provided by or on behalf of us to you pursuant to this Agreement or in connection with the Affiliate Program.
  • 15.3. Following the termination of this Agreement and our payment to you of the Balance due at such time of termination, we shall have no obligation to make any further payments to you.

• 16. MODIFICATION.
• • 16.1. We may modify any of the terms and conditions contained in this Agreement, at any time at our sole discretion, by either (i) E-mailing you a change notice or (ii) by posting the new version of the Agreement on RummyAffiliates.com. It is your responsibility to visit RummyAffiliates.com 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. You're continued participation in the Affiliate Program following posting or notice of modification will be deemed binding acceptance of the modification.
  • 16.2. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, payment plans and Affiliate Program rules. If any modification is unacceptable to you, your sole recourse is to terminate this Agreement and your continued participation in the Affiliate Program following our change notice or new agreement sent to you via e-mail, will constitute binding acceptance of the change.

• 17. LIMITATION OF LIABILITY.
• • 17.1. We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total payments paid or payable to you under this Agreement.

• 18. RELATIONSHIP OF PARTIES.
• • 18.1. You are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

• 19. DISCLAIMERS.
• • 19.1. We make no express or implied warranties or representations with respect to the Affiliate Program or any products or other items sold through the Affiliate Program (including without limitation warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).
  • 19.2. In addition, we make no representation that the operation of the Site will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.

• 20. REPRESENTATIONS AND WARRANTIES.
• • 20.1. You hereby represent and warrant to us the following: (i) this Agreement has been duly and validly executed by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; (ii) the execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not conflict with or violate any provision of law, rule, regulation or agreement to which you are subject to.
  • 20.2. You further represent that you have evaluated the laws relating to your activities and obligations hereunder and you have independently concluded that you can enter this Agreement and fulfill your obligations hereunder without violating any applicable rule of law.

• 21. CONFIDENTIALITY.
• • 21.1. We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider to be confidential (herein referred to as "Confidential Information"). Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if the same is required by law or legal process.

• 22. INDEMNIFICATION.
• • 21.1. You hereby agree to indemnify, defend and hold harmless RummyRoyal, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) the breach of this Agreement by you or any representation or warranty made by you herein; or (ii) any claim related to any of your sites.

• 23. ENTIRE AGREEMENT.
• • 23.1. The provisions contained in this Agreement constitute the entire agreement between the parties with respect to the subject matter of this Agreement, and no statement or inducement with respect to such subject matter by any Party which is not contained in this Agreement shall be valid or binding between the Parties.

• 24. INDEPENDENT INVESTIGATION.
• • 24.1. You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

• 25. MISCELLANEOUS.
• • 25.1. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the Parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

• 26. WAIVER.
• • 26.1. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement. Any and all waivers pertaining to this Agreement must be in writing and signed by the parties.

• 27. SEVERABILITY.
• • 27.1. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

• 28. ASSIGNMENT.
• • 28.1. The Affiliate is not entitled to assign any of its rights and obligations under this Agreement. RummyRoyal may wholly or partly assign or transfer their rights and obligations under this Agreement to any party that is a subsidiary or affiliated company to, or is part of the same group of companies as, or directly or indirectly held by, the ultimate majority owner of RummyRoyal.

• 29. GOVERNING LAW AND DISPUTES.
• • 29.1. The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the parties hereto will be determined under, governed by, and construed in accordance with the laws of England and Wales. Any action relating to this Agreement must be brought in England and Wales and you irrevocably consent to the jurisdiction of this court.

• 30. FORCE MAJEURE.
• • 30.1. The parties' obligations under this Agreement are subject to and neither party will be liable for, failure to perform, damage, or malfunction of any equipment, or any consequences thereof occasioned by or due to fire, flood, water, the elements, labor disputes, power failures, explosions, governmental actions, unavailability of transportation, acts or omission of third-parties, or any other causes beyond the party's reasonable control.