Terms & Conditions
(1) AGREEMENT BETWEEN USER AND EMERALD GAMING PARTNERS
The www.emeraldgamingpartners.com website (known as EMERALD GAMING PARTNERS) is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the www.emeraldgamingpartners.com website constitutes your agreement to all such terms, conditions and notices.
(2) MODIFICATION OF THESE TERMS OF USE
www.emeraldgamingpartners.com website reserves the right to change the terms, conditions and notices under which the www.emeraldgamingpartners.com 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, Emerald Gaming Partners 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 Emerald Gaming Partners. 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.
Emerald Gaming Partners 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 Emerald Gaming Partners 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 Emerald Gaming Partners In order for a player to receive payments, Emerald Gaming Partners 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 Emerald Gaming Partners 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 Emerald Gaming Partners to the next month regardless of whether the associated poker room resets negative balances for Emerald Gaming Partners to zero. This is because Emerald Gaming Partners 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, Emerald Gaming Partners 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 Emerald Gaming Partners.
Players registered to more than one account through Emerald Gaming Partners 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 Emerald Gaming Partners 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 Emerald Gaming Partners 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 EmeraldGamingPartners.coms. 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.
All Rooms – By signing up through Emerald Gaming Partners 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. As per
GDPR guidelines 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 EmeraldGamingPartners.com, 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 Emerald Gaming Partners
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 Emerald Gaming Partners on any website, or use any media or medium, that is libelous, 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 Emerald Gaming Partners. 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). Emerald Gaming Partners 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 Emerald Gaming Partners from the
room(s) in question. For APL UK Accounting purposes, all referral monies that are outstanding (i.e. no payment method was selected by the referrer, or the minimum payment threshold was not met) for more than 12 months will be forfeited.
(6) LINKS TO THIRD PARTY SITES
The Emerald Gaming Partners website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Emerald Gaming Partners and Emerald Gaming Partners 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. EmeraldGamingPartners.coms is not responsible for webcasting or any other form of transmission received from any Linked Site EmeraldGamingPartners.coms is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EmeraldGamingPartners.coms of the site or any association with its operators.
(7) NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Emerald Gaming Partners website, you warrant to Emerald Gaming Partners that you will not use the Emerald Gaming Partners website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Emerald Gaming Partners website in any manner which could damage, disable, overburden, or impair the Emerald Gaming Partners website or interfere with any other party’s use and enjoyment of the EmeraldGamingPartners.com website Ltd. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Emerald Gaming Partners website.
(8) LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the Emerald Gaming Partners website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Emerald Gaming Partners and/or its suppliers may make improvements and/or changes to the Emerald Gaming Partners website at any time.
Advice received via the Emerald Gaming Partners website should not be relied upon for personal, medical, legal, or financial decisions. 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. Emerald Gaming Partners 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 Emerald Gaming Partners 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. Emerald Gaming Partners 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 Emerald Gaming Partners 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 Emerald Gaming Partners website, with the delay or inability to use the Emerald Gaming Partners 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 Emerald Gaming Partners website, or otherwise arising out of the use of the Emerald Gaming Partners website, whether based on contract, tort, negligence, strict liability, or otherwise, even if Emerald Gaming Partners 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 Emerald Gaming Partners website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Emerald Gaming Partners website.
(9) COPYRIGHT AND TRADEMARK NOTICES
All contents of the EmeraldGamingPartners.com website are: Copyright 2018 EmeraldGamingPartners.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.