Terms & Conditions
Affiliate Program operated by LGH LTD., a limited liability company, incorporated and regulated under the Laws of Malta and with registered number C 44279 and with its registered office at Palazzo Pietro Stiges, 90, Strait Street, Valletta, VLT 1436, Malta, operating under the brand name “Chanceroom” and hereinafter referred to as (“Chanceroom”) and licensed by the Lotteries and Gaming Authority Malta (“LGA”) under licences numbers
(i) LGA/CL1/498/2008;
(ii) LGA/CL2/498/2008;
(iii) LGA/CL3/498/2008
By completing the Affiliate Application to the CHANCEROOM Affiliate Program (the "Affiliate Program") and clicking "I Accept" on the form, you (hereinafter the "Affiliate") hereby agree to abide by all the terms and conditions set out in this Agreement and this inclusive of the different Commission Structures applicable to the different products. All Commission Structures contained in ARTICLE XX of this Agreement shall be deemed to form an integral part thereof.
CHANCEROOM reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the terms and conditions set out in this Agreement. Your continued (i) participation in the Program, (ii) use of the CHANCEROOM Affiliate website and/or CHANCEROOM marketing tools, which may be provided to you, or (iii) acceptance of any Affiliate commissions from CHANCEROOM confirms your irrevocable acceptance of this Agreement (and any modifications thereto) and therefore you shall be obliged to continuously comply with the terms and conditions of this Agreement as well as to comply with the General Terms and Conditions and Privacy Policy of the website www.chanceaffiliates.com as well as any other rules and/or guidelines made known to you from time and CHANCEROOM.
An Agreement entered into between
LGH LTD., a limited liability company, incorporated and regulated under the Laws of Malta and with registered number C 44279 and with its registered office at Palazzo Pietro Stiges, 90, Strait Street, Valletta, VLT 1436, Malta, operating under the brand name Chanceroom and hereinafter referred to as (“Chanceroom”) on the first part; And Affiliate hereinafter referred to as "the Affiliate" on the second part;
Referred to individually as “the Party” and collectively as “the Parties”
This Agreement shall enter into effect on the date the online Affiliate Registration Form is approved by Chanceroom.
ARTICLE I - Purpose
1.1 Chanceroom is an online gaming company incorporated in Malta and licensed by the Maltese Lotteries and Gaming Authority (“LGA”) (www.lga.org.mt) and which operates the website www.chanceroom.com (the CHANCEROOM Website).
1.2 The Affiliate maintains and operates one or more websites on the Internet (hereinafter collectively referred to as "the Website"), and/or refers potential customers through other channels.
1.3 This Agreement governs the terms and conditions relating to the promotion by the Affiliate of the CHANCEROOM Website, whereby the Affiliate will be paid a commission as defined under this Agreement depending on the traffic generated to the CHANCEROOM Website, subject to the terms and conditions of this Agreement and to the applicable Commission Structure (Article XX of this Agreement). All Commission Structures may also be viewed on the Affiliate Program section at the CHANCEROOM website.
ARTICLE II - Acceptance of Affiliate
2.1 Chanceroom shall evaluate the Affiliate Membership Form hereby submitted and shall inform the Applicant in writing (email) whether the Membership Form is accepted or not. Chanceroom reserves the right to refuse any registration in its sole and absolute discretion.
ARTICLE III - Qualifying Conditions
3.1 The Applicant/Affiliate hereby warrants that:
a) He/She is of the legal age in the applicable jurisdiction to agree to and enter into the Agreement.
b) He/She is competent and duly authorised to enter into binding Agreements for the Affiliate and/or the Website.
c) He/She is the proprietor of all rights, licenses and permits to market, promote and advertise the CHANCEROOM website in accordance with the provision of this Agreement.
d) He/She shall comply with all applicable rules, laws and regulations in connection with the promotion of the CHANCEROOM website.
e) He/She fully understands and accepts the terms and conditions of the Agreement.
ARTICLE IV - Responsibilities and Obligations of Chanceroom
4.1 Chanceroom shall provide the Affiliate with all information necessary and marketing material for the implementation of the link.
4.2 Chanceroom shall administrate the turnover generated via the links, record the net revenues and the total amount of commission earned via the link, provide the Affiliate with commission statistics, and handle all customer services related to the business. A unique tracking identification code will be assigned to all referred customers.
4.3 Chanceroom shall pay the Affiliate the amount due depending on the traffic generated subject to the terms and conditions of this Agreement.
ARTICLE V - Responsibilities and Obligations of the Affiliate
5.1 The Affiliate hereby warrants and undertakes:
a) To use its best efforts to actively and effectively advertise, market and promote the CHANCEROOM website as widely as possible in order to maximize the benefit to the Parties and that it will abide with the guidelines of Chanceroom as may be forwarded from time to time and/or accessible online.
b) To market and refer potential players to the CHANCEROOM website at its own cost and expense. The Affiliate will be solely responsible for the distribution, content and manners of its marketing activities. All of the Affiliate's marketing activities must be professional, proper and lawful under applicable laws and negotiations and in accordance with this Agreement.
c) To use only a link provided within the scope of the partner programme, otherwise no warranty whatsoever can be assumed for proper registration and sales accounting. Also, not to change or modify in any way any link or marketing material without prior written authorisation from Chanceroom.
d) To be responsible for the development, the operation, and the maintenance of its web site as well as for all material appearing on the web site.
e) To abide by the rules and principles contained in the LGA Code of Conduct, as viewed at: (http://lga.org.mt/lga/files_folder/Code%20of%20Conduct%20for%20Advertising.pdf) and in general with the European Gaming and Betting Association (EGBA) Code of Conduct. The EGBA Code of Conduct may be viewed at: http://www.eu-ba.org/en/about/conduct
f) The affiliate shall not engage in marketing activities that is in direct competition to the promotions from ChanceRoom.
5.2 The Affiliate hereby warrants:
a) That it will not perform any act which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.
b) That it will not actively target any person who is under the legal age for gambling.
c) That it will not actively promote and/or target any jurisdiction where gambling and the promotion thereof is illegal.
d) That it will not generate traffic to the CHANCEROOM Website by illegal or fraudulent activity, particularly but not limited to by:
(i) Sending spam.
(ii) Incorrect and/or misleading information.
(iii) Registering as a player or make deposits directly or indirectly to any player account through his tracker(s) for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud Chanceroom. Violation of this provision shall be deemed to be fraud.
e) Without prejudice to the Marketing Material as may be forwarded by Chanceroom and/or made available online through the CHANCEROOM Website, the Affiliate may not use the CHANCEROOM website or other terms, trademarks and other intellectual property rights that are vested in Chanceroom unless Chanceroom consents to such use in writing.
5.3 The Affiliate is forbidden from offering any so discount schemes or similar promotions that offer or allow a proportion of the players rake to be returned to the player in any form and Affiliates who contravene this condition shall be banned from sending traffic to Chanceroom. Chanceroom reserves the right to deduct money from the Affiliate for any traffic deemed to have been referred through ‘fraudulent means’ and the Affiliate’s account will be frozen.
The Affiliate hereby obliges himself to abide by the aforesaid conditions and shall hold Chanceroom harmless from any penalties which are incurred by any or both of them as a result of the Affiliate’s contravention of this clause.
ARTICLE VI - Payment
6.1 Chanceroom agrees to pay the Affiliate a commission calculated on the net revenue generated from new customers referred by the Affiliate Website and/or other channel. New customers are those customers of Chanceroom who do not yet have a betting account and who access the website via the link to CHANCEROOM Website and who properly register and make real money transfers at least equivalent to the minimum deposit into their CHANCEROOM Website betting account. The Commission shall be deemed to be inclusive of value added tax or any other tax if applicable.
6.2 The commission shall be a percentage of the net revenue in accordance with what is set out in the Commission Structures.
6.3 The commission is calculated at the end of each month and payments shall be performed by the 3rd-7th of each calendar month, provided that the amount due exceeds 100€ ('Minimum Threshold'). If the balance due is less than the Minimum Threshold, it shall be carried over to the following month and shall be payable when it collectively exceeds the Minimum Threshold.
6.4 Payment of commissions shall be made as per the payment method chosen by the Affiliate in the application process. If an error is made in calculating the commission, Chanceroom reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
6.5 Acceptance of payment by the Affiliate shall be deemed to be full and final settlement of the Balance due for the period indicated.
6.6 If the Affiliate disagrees with the balance due as reported, it shall within a period of ten running (10) days send an email to Chanceroom and indicate the reasons of such dispute. Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the Balance due for the period indicated.
6.7 Chanceroom may delay payment of any Balance to the Affiliate for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of these terms and conditions.
6.8 No payment shall be due when the traffic generated is illegal or contravenes any provision of these terms and conditions.
6.9 The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
6.10 The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by the Affiliate as a result of the revenue generated under this Agreement. Chanceroom shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies Chanceroom in that regard.
6.11 Revenues for Casino and Sportsbook do not include the negative carry over and is reset to zero at the beginning of every calendar month. The Revenues for Poker, does include a negative carry over. None of the above revenues are bundled together.
ARTICLE VII - Termination
7.1 This Agreement may be terminated by either party by giving a ten (10) day written notification to the other party. Written notification may be given by a electronic mail and/or facsimile.
7.2 The Contracting Parties hereby agree that on termination of this Agreement:
a. The Affiliate must remove all references to the CHANCEROOM Website from the Affiliate's websites and/or other marketing channel and communications, irrespective of whether the communications are commercial or otherwise.
b. All rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in Chanceroom
c. The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however provided, Chanceroom may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.
d. If this Agreement is terminated by Chanceroom on the basis of the Affiliate's breach, Chanceroom shall be entitled to withhold the Affiliate earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach. It is further specified that termination by Chanceroom due to a breach by the Affiliate of any of the clauses in this Agreement shall not require a notice period and such termination shall have immediate effect upon simple notification by Chanceroom to the Affiliate.
e. The Affiliate must return to Chanceroom any and all confidential information (and all copies and derivations thereof) in the Affiliate's possession, custody and control.
f. The Affiliate will release Chanceroom from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement.
The Affiliate’s obligation of Confidentiality towards Chanceroom shall survive the termination of this Agreement.
ARTICLE VIII - Warranties
8.1 The Affiliate expressly acknowledges and agrees that the use of the Internet is at its risk and that this Referral Program is provided "as is" and "as available" without any warranties or conditions whatsoever, express or implied. No guarantee is made that it will make access to its website possible at any particular time or any particular location.
8.2 Chanceroom shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the CHANCEROOM Website or the Affiliate Program.
ARTICLE IX - Indemnification
9.1 The Affiliate agrees to defend, indemnify and hold Chanceroom and its affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from:
a) Any breach of Affiliate's representations, warranties or covenants under this Agreement.
b) Affiliate's use (or misuse) of the marketing materials.
c) All conduct and activities occurring under Affiliate's user ID and password.
d) Any defamatory, libellous or illegal material contained within Affiliate Site or Affiliate's information and data.
e) Any claim or contention that Affiliate Site or Affiliate's information and data infringes any third party's patent, copyright, trademark, or other intellectual property rights or violates any third party's rights of privacy or publicity.
f) Third party access or use of Affiliate Site or Affiliate's information and data.
g) Any claim related to Affiliate Site.
h) Any violation of this Agreement.
9.2 Chanceroom reserves the right to participate in the defence of any matter.
ARTICLE X - Company Rights
10.1 Chanceroom may refuse any player or close a player's account if it is necessary to comply with Chanceroom's Policy and/or protect the interest of Chanceroom.
10.2 Chanceroom may refuse any applicant Affiliate and/or may close any Affiliate’s account if it is necessary to comply with Chanceroom's Policy and/or protect the interest of Chanceroom. If the Affiliate is in breach of this Agreement or of Chanceroom’s General Terms and Conditions or other rules, policies and guidelines of Chanceroom. Chanceroom may besides closing the Affiliate’s account take any other steps at law to protect its interest.
ARTICLE XI - Governing Law & Jurisdiction
11.1 This Agreement shall be governed and construed in accordance with the Laws of Malta. Any action or dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the Independent Betting Arbitration Service (IBAS). The decision of the IBAS shall be final and binding.
ARTICLE XII - Assignment
12.1 The Affiliate may not assign this Agreement, by operation of law or otherwise, without obtaining the prior written consent of Chanceroom.
12.2 Chanceroom may assign this Agreement, by operation of the law or otherwise, at any time without obtaining the prior consent of the Affiliate.
ARTICLE XIII - Non-Waiver
13.1 Chanceroom's failure to enforce the Affiliate's adherence to all terms outlined in this Agreement shall not constitute a waiver of the right of Chanceroom to enforce said terms at any time.
ARTICLE XIV- Force Majeure
14.1 Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented. Provided that, if the force majeure event subsists for a period exceeding thirty (30) days then either party may terminate the Agreement without notice.
ARTICLE XV - Relationship of the Parties
15.1 Nothing contained in this Agreement, nor any action taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party's employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.
ARTICLE XVI - Severability / Waiver
16.1 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. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
ARTICLE XVII - Confidentiality
17.1 All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of Chanceroom shall be treated confidentially. Such information must not be used for own commercial or other purposes or divulged to any person or third party neither direct nor indirectly unless the prior explicit and written consent of Chanceroom has been obtained. This provision shall survive the termination of this Agreement. The Affiliate obliges himself not to use the confidential information for any purpose other than the performance of its obligations under this Agreement.
ARTICLE XVIII - Changes to this Agreement
18.1 Chanceroom reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the terms and conditions set out in this Agreement. Any such changes will be posted on the CHANCEROOM Website. 18.2 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.
ARTICLE XIX - Trademarks
19.1 Nothing contained in this Agreement will grant either party any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights [hereinafter referred to simply as ‘marks’] of the other party. At no time during or after the term will either party attempt or challenge or assist or allow others to challenge or to register or to attempt to register the marks of the other party or of any company within the group of companies of the other party. Provided also that neither of the parties will register or attempt to register any mark which is basically similar to and/or confusingly similar to any mark which belongs to the other party or to any company contained within the other party’s group of companies.
ARTICLE XX - Commission Structures
The Affiliate commissions are paid out according to the table/slab specified below.
| Lifetime Revenue Share Deal | |
|---|---|
| Net Revenue | Percentage |
| 0 - €10,000 | 25% |
| €10,001 - €25,000 | 30% |
| €25,001 - €40,000 | 35% |
| €40,001 | 40% |
Example: If an affiliate generates a net revenue of 15000€ then the affiliate stands to earn the first 10000€ at 25% and the remaining 5000€ at 30%.
