a) Is of legal age in the applicable jurisdiction in order to agree to and to enter into an Agreement.
b) Is competent and duly authorized to enter into binding Agreements.
c) Is the proprietor of all rights, licenses and permits to market, promote and advertise Chance Hill in accordance with the provisions of this Agreement.
d) Will comply with all applicable rules, laws and regulations in correlation with the promotion of Chance Hill.
e) Fully understands and accepts the Terms of the Agreement.
f) Has no criminal record in his country of origin or residence Chance Hill reserves the right to close any affiliate accounts and to retain any earnings of an Affiliate who is found to violate this point.
1. Our Rights and Obligations
1.1 Register your Customers
We will register your Customers and track their transactions. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. "Customer " means your visitors who joins our customer database 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 of our rules, policies, and operating procedures will apply to them. Please be aware that subsequent to the US Congress passing the Unlawful Internet Gambling Enforcement Act of 2006 on 30 September 2006, the Company no longer accepts customers who are resident in the USA.
1.2 Track Customers' Play
We will track your Customers’ plays making available to you a report summarising their activities, which you can access from this site.
1.3 Pay a Referral Commission
Subject to clause 6, we will pay you referral commission ("Referral Commission") of the net profit (defined below) we earn from players directed from your Site after they open an account with us and wager for real money at The Chance Hill Casino.
We may modify any of the terms and conditions contained in this Agreement or replace it at any time and in 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 programme rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our affiliate programme 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.
1.5 Your Application
To become a member of our affiliate programme 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. We will in our sole discretion 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 as to whether or not your application has been successful.
2. Your Rights and Obligations
2.1 Linking to our Websites
By agreeing to participate in this Affiliate programme, you are agreeing to create and maintain unique links from your site to the websites which are owned, operated or branded by Chance Hill. You may link to us with any of our banners, e-mails, articles or with a text link.
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. 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 Chance Hill group, or any other name that could be understood to designate Chance Hill.
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 Chance Hill’s trade marks or otherwise include the word "chancehill", “chancehillcasino” or variations thereof, or include metatag keywords on the Partner Site which are identical or similar to any of the Chance Hill’s trade marks.
2.5 Agency Appointment
By this Agreement, 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, and we obviously 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 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 made available to you by us. 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.
2.7 Good Faith
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe of such traffic.
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 libellous or otherwise illegal. We disclaim all liability for these matters. 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 Chance Hill affiliate programme 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. Approval is solely at our discretion.
No affiliation can be made between your site and any Chance Hill Website.
2.10 Licence to use Marks
We hereby grant to you a non-exclusive, non-transferable licence, during the term of this Agreement, to use our trade name, trade marks, service marks, logos and any other designations. Solely in connection with the display of the promotional materials on your site. This licence cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Marks is limited to and arises only out of this licence. 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 programme (including, for example, Referral Commissions earned by you under the Affiliate programme). You agree to avoid disclosure or unauthorised 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
You shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.
3. Commission Payment
3.1 The Referral Commission
The commission granted by the Company to the Affiliate will be calculated as a percentage share of the Net Revenue generated from the New Customers referred by the Affiliate Sites. Net Revenue is the revenue generated from New Customer’s real money bets less real money won during that same calendar month less any applicable taxes or levies less a fixed fee of 18%, bonus costs and jackpot contributions.
(Bets – Wins – Fix 25% Fee – Paid Bonuses – Taxes - Jackpot Contributions)
No negative carryover
3.2) Monthly Commissions
Chance Hill will pay the Affiliate commission on a monthly basis for New Customers during the term of the Agreement. The size of the monthly commissions for all New Customers referred to Chance Hill under this Agreement will, however, correspond with the size of the commission for the current calendar month, for which the commission is to be determined in accordance with what has been described above.
The Affiliate understands and accepts that the size of the commission (the Affiliate’s percentage share of the Net Revenue) will vary from time to time depending on how many New Customers are referred to the Website by the Affiliate Site(s) during each calendar month.
The commission is calculated at the end of each month and payments shall be performed within the first seven days of each calendar month.
3.5) Minimum Payout
Payment of commissions shall be made by the payment method chosen by the Affiliate in the application process. The minimum payout level is 100 Euro. If the commission is lower than the minimum payout level, the commission will be transferred to the following month. Excess commission amounts received by the Affiliate shall upon request be immediately repaid together with annual interest at a rate which by 6 percentage units exceeds the reference rate 3 month Euribor. The Company shall have a right to deduct any possible overpayments in previous months from outstanding payment obligations.
If the Affiliate disagrees with the balance due as reported, it shall within a period of fourteen (14) days send an email to Chance Hill at email@example.com or such other email address as notified in writing by the company to the Affiliate and indicate the reasons of such dispute. Failure to report within the prescribed time limit shall be deemed an acknowledgment of the balance due for the period indicated.
3.7) The Affiliate agrees to immediately repay, together with an annual interest at a rate which by 6 percentage units exceeds the reference rate 3 month Euribor all commissions received by fraudulent or falsified transactions, or when the traffic generated is illegal or contravenes any provision of these terms and conditions, plus all costs for legal causes or actions that may be brought against the Affiliate.
3.8) The commission is inclusive of any and all taxes, including but not limited to value added tax. The Affiliate is solely responsible for the payment of any and all taxes, fees, charges and any other money payable or due both locally and abroad to any tax authority and/ or any other authority as a result of the revenue generated under this Agreement.
3.9) The Affiliate, acting in a private capacity, further undertakes to self-pay any applicable social security contributions on the remuneration received under this Agreement.
3.10) The Affiliate, acting within a business activity, is required to provide proof of company registration such as a VAT-number to Chance Hill as further specified from time to time by Chance Hill its sole discretion. Otherwise, the Affiliate is considered acting in a private capacity and clause 4.7 directly above will be applicable.
3.11) Chance Hill has the right to withhold any and/or all payments to the Affiliate if the Affiliate is in breach of any of the provisions of this Agreement.
3.12) Any commissions paid to the Affiliate by Chance Hill hereunder shall represent the Affiliate’s sole remuneration for its activities under the Agreement. Hence except as otherwise expressly agreed in writing, all expenses incurred by the Affiliate when carrying out the rights and obligations under this Agreement shall be deemed to be covered by the commission provided for in this Agreement. The Affiliate is responsible for all obligations and costs in connection with the performance of this Agreement.
3.2 Referral Commission Payment Currency
All Referral Commission Payments will be due and paid in the currency which was selected when your Affiliate Account was first set up. Where currency conversion is required, all amounts are converted at the mid-point applying at the time of payment, as published in the Financial Times.
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.
4. Term and Termination, Consequences and Unsuitable Sites
4.1 Term and Termination
The term of this Agreement will begin when you are approved as an affiliate and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
Upon termination you must remove all of our banners/icons from your site and disable all links from your site to all Chance Hill 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.
4.3 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.
5. 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.
6. 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.
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 (a) any breach by you of any warranty, representation or term contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) 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 programme.
We make no express or implied warranties or representations with respect to the Affiliate programme, 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.
9. 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 programme, 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 programme 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 and is limited to direct damages.
10. 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 programme and are not relying on any representation, guarantee, or statement other than as set out in this Agreement.
11.1 Governing Law
The laws of Costa Rica will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Costa Rica and you irrevocably consent to the jurisdiction of its courts.
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 be enforceable against you and us and our 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. No modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.
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.
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.
Form Revised: The 20th of January 2015