Chancer Affiliates Terms & Conditions 

Version: 1.1

Last Update: 23/10/2024
 

Introduction

 

The following is an agreement between the Chancer Group N.V. ("Chancer", "us", “our” or "we"), a company duly registered under the laws of Curaçao with registration number 165687, and you ("you"), the Affiliate.

 

This agreement contains the terms and conditions of the Chancer Affiliate Program. You are entering into this agreement by providing affiliate services. It is understood that Chancer will be procuring and managing your services.

 

Definitions

 

In these terms and conditions, the following words shall have the following meanings:

 

1. "Affiliate" means the person or entity accepted by Chancer to participate in the Chancer Affiliate Program.

2. “CPA” or “Cost Per Acquisition” is the fee paid to the Affiliate once a player signs up, makes a deposit reaching the minimum deposit agreed between Chancer and the Affiliate.

3. “Customer” is a player on the Chancer website.

4. “First Time Deposit’’ or “FTD’’ refers to a player’s initial deposit.

5. “Gross Gaming Revenue’’ or "GGR " is the total amount of money wagered by players minus the total amount paid out in winnings

6. “High-Roller” a Customer that generates a negative net revenue of at least 5,000 EUR or equivalent in any month.

7. "Net Gaming Revenue" or "NGR" means the gross gaming revenue generated by referred players minus any bonuses, chargebacks, refunds, and other deductions.

8. “Referral Commission” means a referral commission from an affiliate program is a financial incentive provided by a business to affiliates (individuals or entities) who refer customers to the business.

9. “Redeposit” refers to a player’s second or subsequent deposit.

10. “Revenue Share” a type of affiliate marketing model where affiliates earn a percentage of the net revenue generated by the players they refer to a casino.

 

1. Our Rights and Obligations

 

1. Registering your Customers

 

We will register your Customers and track their transactions. We reserve the right to refuse Customers (or to close their accounts) to comply with any requirements we may periodically establish. "Customer" means users who join our customer database (by way of registering at one or more of our products/websites including Casino and Sports) after arriving at the applicable site(s) via one of your click-thru URLs, which will be provided to you when you join. By opening an account with us, they will become our Customers and, accordingly, all our rules, policies, and operating procedures will apply to them. Please be aware that the Company does not accept customers who reside in Australia, Austria, Belarus, China, Comoros, Curacao, Cyprus, France, Germany, Iran, Netherlands (Antilles), North Korea, Russia, Spain, Turkey, UK, US (and outlying islands), Virgin Islands[RN1] [KS2] .

 

1. Track Customers' Play

 

We will track your Customers bets by making available to you a report summarizing their activities, which you can access from this site.

 

1. Pay a Referral Commission

 

We will pay you a referral commission ("Referral Commission") of up to 50% of the net gaming revenue (subject to negotiation and agreement) we earn from players, originating from your URLs, after they open an account, deposit and wager real money.

 

1. Modification

 

We may modify any of the terms and conditions contained in this Agreement or replace it at any time, at our sole discretion, by posting a change notice or a new agreement on our site.

 

Modifications may include, for example, changes in the scope of available Referral Commissions and Affiliate program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our affiliate program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.

 

1. Non-consumer Acknowledgement

 

You acknowledge and agree that you are not a Customer in this Agreement.

 

1. Your Application

 

To become a member of our affiliate program you will need to accept these terms and conditions by ticking the box indicating your acceptance and completing and submitting an online application form. The application form will form an integral part of this Agreement. In our sole discretion we will determine whether or not to accept your application and our decision is final and not subject to any right of appeal. We will notify you by email [RN3] [KS4] as to whether or not your application has been successful.

 

2. Your Rights and Obligations

Compliance with Industry Standards

 

The Affiliate shall provide the Services in accordance with good industry practice. The Affiliate is responsible for ensuring that all promotional content complies with applicable laws, brand guidelines, the terms of this Agreement, and any code of conduct or company instructions provided from time to time, including guidance notes issued by the company. The Affiliate must fully cooperate with the company in any investigation or ruling by relevant regulators.
 

2.1 Linking to our Websites

 

By agreeing to participate in this Affiliate program, you are agreeing to create and maintain unique URLs (“links”) from your site to the websites which are owned, operated or branded by the Chancer group (“Chancer Websites”). You may link to us with any of our banners, e-mails, articles or with a text link. This is the only method by which you may advertise on our behalf.

 

2.2 Spamming

 

We will terminate this Agreement immediately without recourse for you if there is any form of spamming or if you advertise our services in any other way that is not in line with our company policies. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.

 

2.3 Registering of Domain Names

 

You shall also refrain from registering (or applying to register) any domain name similar to any domain name used by or registered in the name of any member of the Chancer group, or any other name that could be understood to designate the Chancer group.

 

2.4 Bidding on Brand Terms

 

You may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of the Chancer group’s trademarks or otherwise include the word "Chancer ", variations thereof, or include metatag keywords which are identical or similar to any of the Chancer group’s trademarks. If an Affiliate is found to be bidding on brand terms, commission will not be paid for this traffic. An Affiliate is allowed to use brand keywords for SEO channels but revenue share commission will be limited to a maximum of 30%.[RN5] [KS6] 

 

2.5 Agency Appointment

 

We grant you the non-exclusive, non-assignable, right to direct Customers to any of our sites in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals. We intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You shall have no claim to the Referral Commission or other compensation on business secured by or through persons or entities other than you.

 

2.6 Approved Layouts

 

You will only use our approved advertising creative (banners, html mailers, editorial columns, images and logos) and will not alter their appearance nor refer to us in any promotional materials other than those that are available from affiliates.chancer.bet. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorised and permitted representation of our sites. Do not create a direct link to the promotional materials on any Chancer website.

 

2.7 Good Faith

 

You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it causes Chancer damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe that such traffic is generated in good faith.

 

You will not generate traffic to the Company’s websites by registering as a new Customer whether directly or indirectly (for example by using associates, family members or other third parties). Such behavior shall be deemed fraud.

 

You will also not attempt to benefit from traffic not generated in good faith. If you have any reasonable suspicion that any new Customer referred by you is in any way associated to bonus abuse, money laundering, fraud, or other abuse of remote gaming websites, you will immediately notify us of this.

 

Any new Customer found to be a bonus abuser, money launderer or fraudster or who assists in any form of affiliate fraud (whether notified by you or later discovered by us) does not count as a valid new Customer under the Agreement, and thereby no Commission shall be payable in relation to such new Customers[RN7] [KS8] .

 

If a proportion of your new Customer total traffic volume made only a minimum first deposit and you are on a CPA deal, then the Commission in relation to such New Customers can be frozen or not payable upon the Company’s decision.

 

You hereby recognize that you are not allowed to specify the baseline in creatives, reviews or in any other way communicate this to the players. Traffic where a suspicious distribution of first deposit amounts where all, or almost all players, pass the baseline, will be placed under review and commission for this traffic may not be paid out. Other factors to determine the quality of traffic include IPs, email and naming patterns, deposit methods used, time stamps, deposit amounts, bet size and patterns, repeat deposits, games they play, promos they participate in.

 

Motivated, incentivized or scheme traffic – traffic where players are given rewards or prizes to register and make a deposit in our platforms, taught to use specific patterns for play, bet specific amounts or to use only specific bonuses or promotions is only possible on revenue share basis and with explicit written consent from the affiliate manager. Intent to send such traffic needs to be clearly worded by the affiliate and any attempt to hide this will result in Commission not being paid

out.

 

New Customers of your total traffic volume found to be duplicates (multi-accounts), bonus abusers, money launderers or fraudsters or assist in any form in affiliate fraud (whether notified by you or later discovered by us) do not count as a valid Customers under the Affiliate Agreement, and thereby no Commission shall be payable in relation to this traffic.

 

The Company has a right to ask you by sending email or notifying via other instant messengers (skype, telegrams, etc.) to suspend your traffic to check the quality of your traffic, as well as to check your traffic for fraud. You hereby recognize that by receiving suspension notification from the Company you will stop the traffic and all new Customers who registered after this notification will not count as a valid new Customer and thereby any Commission in relation to such new Customers can be frozen or not payable upon the Company’s decision.

 

The Company has the right to cancel existing deals and set a new deal unilaterally by notifying the Affiliate one (1) bank day in advance. Reasons of cancellation may include:

 

1. low quality traffic; or

2. low conversion that may lead to a negative balance.

 

After the cancellation of an existing deal and the implementation of a new deal, all subsequent traffic brought by the Affiliate (registrations, first deposits and subsequent deposits) will be paid under the conditions of the new deal.

 

2.8 Responsibility for Your Site

 

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. Chancer is not liable for any matters relating to your site. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site.

 

The Chancer affiliate program is intended for your direct participation. You shall not open affiliate accounts on behalf of other participants. Opening an affiliate account for a third party, brokering an affiliate account or the transfer of an affiliate account is not accepted. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by contacting us at affiliates@chancer.bet. Approval is solely at our discretion.

 

2.9 Affiliation

 

No affiliation can be made between your site and any Chancer Website without written permission.

 

2.10 License to use Marks

 

We hereby grant you a non-exclusive, non-transferable license, during the term of this Agreement, to use our trade name, trademarks, service marks, logos and any other designations, which we may from time to time approve ("Marks") solely in connection with the display of the promotional materials on your site. This license cannot be sub-licensed, assigned or otherwise transferred by you.

 

Your right to use the Marks is limited to this license. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature and shall not take any action that may prejudice our rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Marks by any third party.

 

2.11 Confidential Information

 

During the term of this Agreement, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate program (including, for example, Referral Commissions earned by you under the Affiliate program). You agree to avoid disclosure or unauthorized use of any such confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this Agreement.

 

2.12 Data Protection

Where applicable, for the purposes of the General Data Protection Regulation, Chancer remains an independent Data Controller. For the avoidance of doubt no Data Controller / Data Processor relationship or Joint Data Controller relationship is created by this Agreement.

 

Nevertheless, by agreeing to participate in this Affiliate program you shall at all times comply with the General Data Protection Regulation and/or any other related or similar applicable legislation. Failure to do so will be a cause for the termination of this Agreement with immediate effect.

Where, at any time, Chancer shares data with you, it is at Chancer’s sole discretion and may be subject to separate terms and conditions and may be declined or ceased at any time.

2.13 Age Verification and Document Provision

The Affiliate must be at least 18 years old and must provide the Company with a copy of their ID, billing address, or other requested documents upon request[RN9] [KS10] . Failure to provide these documents may be seen as fraudulent activity at the Company's discretion.

2.14 Responsible Gambling and Content Requirements

 

The Affiliate shall ensure that neither the promotional content nor any other content on the Marketing Channels promotes irresponsible, compulsive, or addictive forms of gambling. All promotional content must prominently feature '18+' signage and responsible gambling messaging. Additionally, the Affiliate shall not use individuals who are, or appear to be, under the age of 18 in marketing and promoting the Brand and the Company’s services.

 

3. CPA and Hybrid deals

 

Negative Revenue Share will be deducted from the CPA part of the commission. This stipulation takes effect unless otherwise agreed with the affiliate manager beforehand.

 

Negative NGR is carried over to the next month by default, unless agreed beforehand with the affiliate. In cases when negative NGR is caused by users who are bonus abusers, the company and affiliate upon agreement can remove these users from the statistics.

 

Duplicate accounts and self-excluded players will be deducted from the CPA part of the Commission. This stipulation takes effect unless an alternative was discussed with the affiliate manager beforehand.

                                                                                                                                                                                   

In certain cases where an FTD cap was agreed, the Commission will only be paid for the agreed number of FTDs.

 

3.1 High-Roller Policy

 

If a Customer generates an NGR [RN11] [KS12] of at least 5,000 EUR or equivalent, in a given month, he/she will be deemed to be, for the purposes of this section, a ‘High-Roller’.

 

The High-Roller policy, as set out hereunder:

 

1. The negative NGR generated by the High-Roller will be carried forward and offset against future NGR generated by that same High-Roller.

 

1. The negative balance carried forward cannot be set off against other Customers.

2. If there is more than one High-Roller, the negative balance carried forward will be split proportionally between them.

 

1. The negative balance of a High-Roller will be reduced by future positive Net Revenue that they generate in subsequent months.

 

1. A negative balance will only be increased by future negative NGR if the High-Roller meets the qualifying criteria in subsequent months.

 

4. Referral Commission Payouts

 

4.1 Minimum Commission Payout Requests

 

[RN13] [KS14] You are entitled to one Commission payout per month. To receive your first payout, you must meet a minimum of 5 FTDs to any of our brands over any period.

 

Also, your Referral Commission must be equal to or above EUR 500 (‘’Minimum Payment’’). If your Minimum Payment is below EUR 500, it will be rolled over into the following month. Once your Referral Commission reaches the Minimum Payment, you will be eligible to be paid your Referral Commission.

 

4.2 Payout Timing

 

Chancer will endeavour to process the payment of Commissions owed from the previous month, by the 28th of the current month, providing you have fulfilled the Customer requirement below at the end of the preceding month.

 

To ensure you are paid by the 28th of each month, we encourage you to send your invoice on the 1st of each month. Failure to do so may result in delays processing your payment. Invoices are paid within 28 days upon receipt.

 

If you contract with Chancer Global N.V. in accordance with the terms of this Agreement the following shall apply to you:

 

1. It is understood that no VAT will be charged on the invoices and that in relation to affiliate services to Chancer Global N.V. that company will account for any VAT under the reverse charge in Curacao; and

 

1. You agree and acknowledge that any and all VAT obligations which you may have under Curacao VAT legislation remain exclusively your obligations and that Chancer, by agreeing to issue invoices on your behalf in accordance with the self-billing procedure referred to above, does not in any way accept and/or assume any responsibility to ensure compliance with such VAT obligations beyond issuing the invoice on your behalf.

 

Referral Commission payments may be requested to a bank account or cryptocurrency wallet.

 

Please be aware that although Chancer will not deduct any charges for arranging a bank wire, your own bank may choose to levy a charge on such transactions. Bank wires will appear on your bank statement with your invoice number.

 

4.2 Referral Commission Payment Currency

All Referral Commission Payments will be due and paid in EUR, except for payment requests. Where currency conversion is required, all amounts are converted at the time of payment or as chosen by Chancer.

 

Referral Commissions arising from Customer accounts that are held in currencies other than the affiliate’s home currency will be converted at the mid-point which applied at the time the Referral Commission was earned.

 

5. Term and Termination, Consequences and Unsuitable Sites

 

5.1 Term and Termination

 

5.1 The term of the Affiliate Agreement will begin when you are approved as an Affiliate and will be continuous until either Party notifies the other in writing that it wishes to terminate the Agreement.

 

The Agreement may be terminated for any reason at any time.

 

5.2 Consequence

 

Upon termination you must remove all of our banners/icons from your site and disable all links from your site to all Chancer Websites. All rights and licenses given to you in this Agreement shall immediately terminate. You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of our Marks.

 

5.3 Unsuitable Sites

 

We may terminate this Agreement if we determine (in our sole discretion) that your site is unsuitable. Unsuitable sites include, but are not limited to, those that: are aimed at children, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate intellectual property rights or breach any relevant advertising regulations or codes of practice.

 

6. Continued Promotion

 

You shall incorporate and prominently and continually display the most up-to-date links provided by us on all pages of your website in a manner and location agreed by us and you shall not alter the form, location or operation of the links without our prior written consent. You are eligible for Referral Commissions based upon your continued promotion of Chancer. We reserve the right to reduce your Referral Commission (no lower than 10%) if you reduce your efforts to recruit new Customers. The same rule applies for subaffiliation – if the affiliate makes no continued effort to onboard new Affiliate partners, their subaffiliate commission is reduced (not lower than 2%).

 

7. Relationship of Parties

 

We and you are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Agreement.

 

8. Indemnity

 

You shall defend, indemnify, and hold us, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with:

 

1. Any breach by you of any warranty, representation or term contained in this Agreement, or

2. The performance of your duties and obligations under this Agreement, or

3. Your negligence, or

4. Any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Affiliate program.

 

9. Disclaimers

 

We make no express or implied warranties or representations with respect to the Affiliate program, about ourselves or the Referral Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in the Chancer system and the Chancer database, the database shall be deemed accurate.

 

10. Limitation of Liability

 

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 Referral Commissions paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Referral Commission generated.

10.1 Compliance with Gambling Regulations

 

The Affiliate acknowledges that promoting or soliciting bets is subject to legal restrictions in certain countries and may be prohibited. These restrictions may change over time. The Affiliate agrees not to enter into this Agreement if they target any markets where gambling or its promotion, marketing, or advertising is illegal. The Affiliate will be solely responsible for any such actions and agrees to hold the Company harmless and fully indemnify the Company for any liabilities incurred due to non-compliance with this provision.

 

Additionally, the Affiliate confirms that it operates the Site, where the Content will be placed, under its own name and is fully authorized to manage and use it without any restrictions.

 

11. Independent Investigation

 

You acknowledge that you have read this Agreement and agree to all its Terms and Conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate or contract with websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this Affiliate program and are not relying on any representation, guarantee, or statement other than as set out in this Agreement.

 

12. Miscellaneous

 

12.1 Governing Law

 

The laws of Curacao will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Curacao and you irrevocably consent to the jurisdiction of its courts.

 

12.2 Assignability

 

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.

 

12.3 Non-Waiver

 

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. No modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognised by us.

 

12.4 Remedies

 

Our rights and remedies hereunder shall not be mutually exclusive, that is to say that the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.

 

12.5 Severability/Waiver

 

Whenever possible, each provision of this Agreement shall 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.

12.6 Commitment to Responsible Gambling Principles

The Company is dedicated to promoting its services and Brand while upholding the following principles:

 

1. preventing gambling from being associated with crime or illicit activities

2. ensuring that gambling activities are conducted fairly and transparently

3. protecting children and vulnerable individuals from harm and exploitation related to gambling

 

The Affiliate agrees to adhere to these principles and to align its activities with them throughout the term of this Agreement.

 

12.7 Intellectual Property Rights

This Agreement does not grant any license, assignment, or transfer of Intellectual Property Rights, including patents, trademarks, copyrights, and confidential information. All Intellectual Property Rights created through this Agreement, such as banners, advertising materials, databases, and personal data, will belong solely to the Company. The Affiliate will have no rights to these.

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