ShareTheChili Affiliate Program Terms and Conditions

 

Mediarex Internacional SA (of Costa Rica) t/a ChiliPoker ("ChiliPoker") is in the business of producing, marketing and promoting online gaming services. ShareTheChili is the affiliate program of Chilipoker ("ShareTheChili").

In consideration for Your participation in the affiliate program developed and maintained by ShareTheChili (the "Affiliate Program"), You agree to comply with these Terms and Conditions (the "Terms and Conditions").

Please read the Terms and Conditions carefully. We advise you to print and save a copy of the Terms and Conditions along with all correspondence from ShareTheChili concerning the Affiliate Program.

You should not apply to the Affiliate Program if you do not agree with the Terms and Conditions. If you have any queries about the content of the Terms and Conditions, please email us at affiliates@chilipoker.com.

You acknowledge that you have read the Terms and Conditions, have had an opportunity to consult with your own legal advisors if 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 the Terms and Conditions.

You warrant being an adult of at least 18 years of age.

1.     Definitions

"Affiliate Panel" means the website from which You can check and operate all your activities as a member of the Affiliate Program, and available at:  http://www.sharethechili.com/affiliates/affiliates/index.php

"Charge Back" is a payment dispute initiated by a cardholder with their credit card issuing bank.

"Commission" means all payouts given to You by Chilipoker for Your participation in the Affiliate Program.

"Commission Scheme" means the payment plan you have accepted for revenue stream generated from Players You refer to Chilipoker.

"Frequent Player Point" (FPP) is a point that ChiliPoker gives to its Players as a sign of gratitude for their loyalty. Players earn FPPs as they play on Chilipoker Cash and tournament tables.

"Marketing Material" means banners, text links and any other element used for the promotion of the Service under the Affiliate Program, which are made available by ChiliPoker.

"Minimum Threshold" means the minimum amount of money that has to be on Your account under the Affiliate Program for ChiliPoker to send You this sum.

"Net Rake" is calculated as the gross rake attributable to a ChiliPoker Player, less any credits, bonus or promotional amounts given, processing charges, licensing fees, Charge Backs, and any other deductions ChiliPoker is entitled to make in respect of that Player.

"Net Revenue" are the product specific applicable commission structures calculated as the net profit attributable to ChiliPoker less any credits, bonus or promotional amounts given, operation fees, processing charges, Charge Backs, and any other deductions ChiliPoker is entitled to make in respect of that Player.

"New Player" means any person referred to ChiliPoker and creating a Player Account, who has not held a Player Account with ChiliPoker before.

"Party" means either You or ChiliPoker.

"Parties" means both You and ChiliPoker.

"Player Account" means the subscription by a Player to the Service.

"Promotional Link" means any hyperlink (including but not limited to plain text, image and flash animation) landing on the Site.

""Referral Percentage"" is the amount due and payable to You, as calculated based solely on data gathered by ChiliPoker's system and in accordance with the Terms and Conditions.

"Service" means any product or service provided to Players on the Site.

"Site" means the website available at www.chilipoker.com, and any other website or gaming platform that is owned, operated (online or offline) or controlled by or on behalf of ChiliPoker.

"Spam" means unsolicited e-mail of a commercial nature sent to any individual, legal entity, mailing list, newsgroup or bulletin board.

"Tracking Code" means the unique identification code to be used in all Promotional Links, that ChiliPoker provides exclusively to You, through which ChiliPoker tracks Your referred and New Players" activities and calculate Your Commission.

2.     Scope

The purpose of the Terms and Conditions is to define the terms according to which You will promote the Service in exchange of a Commission paid by ChiliPoker.

3.     Your rights and obligations

3.1.  Best Efforts. You represent to use Your best efforts to actively and effectively advertise, market and promote the Service as widely as possible in order to maximize the benefit to the Parties, and that this promotion will abide with the Terms and Conditions.

3.2.  Good Faith and Compliance with Applicable Legislation.

You shall provide accurate and complete information to ChiliPoker when completing the application form and promptly update such information if all or any part of it changes. You shall also provide ChiliPoker with such other information as ChiliPoker may reasonably request from time to time.

You acknowledge that the promoting or soliciting of online gaming is subject to legal restrictions or prohibition in some countries. You have made your own enquiries as to the legality or otherwise of participating in the Affiliate Program in any particular jurisdiction and hereby expressly agree to comply with any applicable laws relating to the participation in online gaming and not to promote the Service exclusively to jurisdictions where it is not legal for residents to access internet gaming, deposit funds or play at an online casino, an online bingo or an online poker room.

Player registrations from persons living in the following countries are not accepted by ChiliPoker: Netherlands Antilles, Antigua and Barbuda, Cyprus, Israel, Philippines, Estonia and USA"s 50 States. The aforementioned countries are banned by default in the Client. You acknowledge that you will never be compensated for the registration of New Players living in one of these states, and that such registration should never be taken into account in the calculation of Your Commission, whatever Commission Scheme You chose.

In addition, you must at all times comply with all applicable laws relating to the subject matter of the Terms and Conditions, including but not limited to data protection, online marketing, e-commerce, gaming and licensing.

 

3.3.  No double tracking. You undertake not to manipulate the tracking codes in order to be compensated by several platforms in consideration of the same action eligible for compensation. 

3.4.  Fraud. You must promote the Service such that You do not mislead the internaut. You shall not cause any transactions to be made that are not in good faith, including, but not limited to, using any device, program, robot, in line frames, or hidden frames. You may or may not be compensated for transactions where You or Your agent are the New Players. Multiple Leads from the same individual, entity or IP address may be considered non-bona fide Transactions. You shall not earn Payouts for non-bona fide Transactions.

You agree not to knowingly benefit from traffic that you know or suspect is not generated using accepted Internet marketing practices whether or not it causes harm to ChiliPoker.

You, Your directors, employees, consultants, contractors and agents, and their relatives and friends shall not register as a Player on the Service or contribute to any Player Account (directly or indirectly) through Your own account under the Affiliate Program, unless specifically authorized to do so by ChiliPoker.

3.5.  Spam. If ChiliPoker is aware or reasonably believes that You are using any form of Spam, ChiliPoker shall be entitled to close Your account and withhold the Referral Percentage and/ or CPA (or any portion of either) that might otherwise be due to You. Immediately on demand from ChiliPoker, You must pay any costs or expenses that ChiliPoker incurs in dealing with any Spam which ChiliPoker is aware or reasonably believe emanates from You. Suspected spam should be reported to this address: spamreport@chilipoker.com

3.6.  Unacceptable terms. You shall not purchase or register search engine keywords, (including but not limited to AdWords or AdSense), search terms or other identifying terms, or use Marketing Material or Promotional Link on websites related to subjects or materials, that ChiliPoker considers in its sole discretion to fall into any of the following categories:

-     Rake back oriented;
- Sexually explicit;
- Violent;
- Promoting firearms or weapons;
- Promoting illegal activities;
- Infringing upon others' intellectual property rights, advertising, offering or selling fake or counterfeit items;
- Discriminatory considering race, sex, religion, nationality, disability, sexual orientation, or age;
- Promoting political content or activities;
- Advertising, offering or selling medical drugs;
- Slanderous or defamatory;
- Promote or contain any word defining an item the advertising of which is forbidden or regulated under applicable law (such as tobacco, alcohol, etc

 

1.1.  Diverted traffic. You are not allowed to advertise and/or promote ChiliPoker by forwarding the qualified traffic to a competitor, for whatever reasons. The Marketing Material can only be used to promote ChiliPoker or ShareTheChili.

 

Rake Back. ChiliPoker cannot be promoted with the word "rake" on the URL, with the word "rake" being part of the Promotional Link, or on any rakeback oriented site. Chilipoker will not advertise in their site in 'rake-back oriented' affiliate sites or any affiliate site that has the work rake in the URL or in the name of the site will be deemed a rake back oriented affiliate site. Chilipoker reserves the right to declare certain affiliate websites as 'rake-back oriented ' and affiliates will do their utmost to remove any related promotions from their site within 24 hours after receiving notifications from Chilipoker.

1.2.  Supplemental Guidelines.

Sniping. You may not automatically create a Player Account for an internaut.

Incentive. You will not directly or indirectly offer any consideration or incentive for any commission-earning activity, for clicking on Promotional Link or based on the earning of FPP without prior written consent by ChiliPoker.

2.     ChiliPoker rights and obligations

2.1.  Rejection by ChiliPoker. Your application to the Affiliate Program is automatically taken into account as soon as You register for the Affiliate Program. However, ChiliPoker may at any time decline or resign Your application on its sole and absolute discretion, particularly if You are not compliant with the Terms and Conditions ("Rejection"). Upon Rejection by ChiliPoker, You must remove any Promotional Link and Marketing Material.

ChiliPoker reserves the right to remove and/or discount Commission amounts from Your account, or reject the applications of New Players so as to protect from Fraud.

ChiliPoker also reserves the right to refuse or terminate the provision of the Service to any potential or existing Player, at any time, and in its sole discretion. For the avoidance of doubt, any such data relating to Your referred Players shall remain ChiliPoker's exclusive property.

2.2.  Tracking Codes. You must use ChiliPoker's tracking system. Tracking links including the ChiliPoker Tracking Codes can only be downloaded from the Affiliate Panel. There is no guarantee that You will get paid for your Referral Percentage or CPA if You do not use the Tracking Codes provided by ChiliPoker.

2.3.  Follow-up Tools. As part of the Affiliate Program, ChiliPoker may provide You with tools that include information that helps track New Players referred by You. You will use each of these tools only in their intended manner as instructed by ChiliPoker, and will not corrupt, modify, or disable them. You will not deliver any ChiliPoker-related cookies or other tracking tags to the computers of users that are merely viewing Your advertisements.

 

2.4.  Marketing Materials. ChiliPoker shall provide You, via download from the Affiliate Panel, with any Marketing Material available.

3.     Intellectual Property

3.1.  Marketing Materials. You are granted a non exclusive, without sub-licensing right, non transferable right, for the duration of the Terms and Conditions to use the Marketing Material for the sole purpose of the promoting the Service, pursuant the all the terms as set forth in the terms and conditions.

You should in no case modify in any way the Marketing Material.

3.2.  ChiliPoker Trademarks. Nothing contained in the Terms and Conditions will grant You any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights of ChiliPoker. You will not use in Your domain name (or  in any part of the URLs used on your Website) nor purchase or register in any search, referral, or advertising service any of the following terms:

- Any domestic or international ChiliPoker company trademarks, and all translations thereof, or any URL or keyword string that includes ChiliPoker company names (e.g. "www.chilipoker-yourname.com"); or

-       Variations of any ChiliPoker company trademarks (e.g. "www.chili-poker.com", "chili.poker", "xxxthechili", "xxxchili", …)

 

4.     Data Protection

ChiliPoker is considered as the data controller towards all data concerning Players, and all data gathered on the Site. Those data shall remain ChiliPoker's sole property, even after termination of the Terms and Conditions.

You are the data controller towards all data gathered on your website.

5.     Commission Schemes

5.1.  Poker commission. Your compensation ("Referral Percentage") shall be defined as the compensation due to You based on a percentage of Net Rake generated by the Players who have been identified as having used the Service as a result of having first been referred by You. The referral percentage is up to 40% of Net Rake generated by the Players referred by You:

 

For Example, if the monthly Net Revenue or Net Rake generated by Your players is $13,000, Your Commission will be calculated as follows:
$10,500 x 0.30 = $ 3,150
$2,500 x 0.35 = $ 875
Total = $ 4,025

 

5.2.  CPA Model

 

The CPA is released when 200 FPPs are accumulated

6.     Payment Terms

6.1.  Commission Scheme Selection. At the sole discretion of ChiliPoker, You may be provided with the opportunity to restructure Your revenue share structure. Examples of alternative revenue sources could include a Cost Per Acquisition (CPA) Model.

 

6.2.  Tracking System. Chilipoker tracking system shall be the sole method for determining the basis of the calculation of the Referral Percentage or CPA. In the absence of manifest error, Chilipoker calculations shall be binding on You.

6.3.  Payment Options, Payment Terms, and Minimum Threshold The available payment options for commission payments are currently Neteller, Moneybookers, bank transfer and to Your ChiliPoker Player Account.

Chilipoker shall pay You Your Referral Percentage or CPA in arrears. Payment shall be made by the 15th (fifteenth) of the following month.

For Moneybookers or Neteller payments, if the Referral Percentage for any one month is less than $50, Chilipoker shall pay that amount to You when the accumulated amount is greater than $50. For Bank Transfers the amount has to be higher than $200. For transfers to Your Player Account, there shall be no minimum referral Percentage requirement. If the Referral Percentage for any one month is less than the 'Minimum Threshold', ChiliPoker shall pay that amount to You when the accumulated amount is greater than the 'Minimum Threshold'.

Chilipoker shall have the right to withhold any and all payments to You if You are in breach of the Terms and Conditions.

If You disagree with the balance due as reported, You shall within a period of thirty (30) days send an email to Chilipoker at "affiliate@chilipoker.com" 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.

Chilipoker may delay payment of any balance to You for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of the Terms and Conditions.

You agree to return all commissions received based on fraudulent or falsified transaction, plus all costs for legal causes or actions that may be brought against You to the fullest extent of the law.

6.4.  Tax. You 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 as a result of the revenue generated under the Affiliate Program. ChiliPoker shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by You, and You agree in such cases to indemnify ChiliPoker in that regard.

7.     Term and Termination

7.1.  You may terminate the Terms and Conditions, with or without cause, upon 7 days notice to us which You should send by email to: affiliates@chilipoker.com

7.2.  Chilipoker may terminate the Terms and Conditions, with or without cause at any time, upon written notice to You, which ChiliPoker may send by email to such email address as You have provided. In this event, Chilipoker shall be entitled to disable any of Your Tracking Codes with immediate effect.

7.3.  The following consequences of termination will apply where ChiliPoker terminates the Terms and Conditions:

- You shall stop promoting the Service and all rights and licenses given to You under the Terms and Conditions will terminate immediately;

- You shall return any and all materials, over which ChiliPoker has a proprietary right, that are in Your possession or control and/or including the possession or control of Your agents, servants, directors, employees or sub-contractors over which You have control. You shall also immediately remove any Promotional Links and Marketing Materials from Your website and/or the websites of Your agents over which You have control (such as any search engine You would have entered in an agreement with for the execution of the Terms and Conditions);

- Provided that ChiliPoker has paid or does pay to You such sums as are properly due and owing at the date of termination which shall be subject to any rights ChiliPoker has to make deductions whether under the Terms and Conditions or otherwise, ChiliPoker shall have no further liability to pay You any further sums.

8.     Warranties, Disclaimer and Limitations

ChiliPoker makes no warranties or representations with respect to the Affiliate Program, its Service or the Site including without limitation warranties of fitness, satisfactory quality, non-infringement, or any warranties arising out of a course of performance, dealing, or trade usage. In addition, ChiliPoker makes no representation that the operation of the Site will be uninterrupted or error-free and shall not be liable for the consequences of any interruptions or errors.

ChiliPoker will not in any case be held liable in respect of: (i) temporary interruptions for the updating of certain files; (ii) operating difficulties or temporary interruptions of Sites which are independent of its own will, in particular, without limitation, in cases of power cuts or interruptions of telecommunication services; (iii) temporary interruptions of the Sites for maintenance or upgrade purposes.

ChiliPoker will not, in any event, be held liable for any direct or indirect losses (such as loss of income or profits, etc.) suffered by You while participating in the Affiliate Program, and caused by accessing or by any operation making access to any of the Sites or to any information impossible, such as lack of speed, delay or interruption of the transmission, the disappearance or loss of data.

In any case, You acknowledge to be the sole responsible of Your website and its content as well as Your activities (including the keywords and search terms You buy and the content You use within the framework of the Affiliate Program) in relation to the Affiliate Program; You will indemnify and hold ChiliPoker harmless against any harm or loss You may cause to third parties, including ChiliPoker and the companies of ChiliPoker group, by using the Affiliate Program or because of Your website and/or its content.

You hereby agree to indemnify, defend and hold ChiliPoker harmless (including ChiliPoker's shareholders, officers, directors, employees, agents, successors and assigns) from and against any and all claims, losses, liabilities, damages or expenses (including legal fees, attorney fees and disbursements) of any nature whatsoever incurred or suffered by ChiliPoker in so far as such losses (or actions in respect thereof) arise out of or are based on (i) any breach of the Terms and Conditions by You; (ii) any claim related to the development, operation, maintenance, and contents of Your website (including that of any agent) or any materials, products or services linked to it; or iii) any claim related to Your advertising, marketing or promotional efforts pursuant to the Terms and Conditions.

9.     Confidentiality

You agree not to issue any press release or other communication to the public with respect to the Terms and Conditions, Your participation in the Affiliate Program or the ChiliPoker brands or logos (or any brands or logos of any other) without ChiliPoker's prior written consent, except as required by law or by any legal or regulatory authority.

As part of Your participation in the Affiliate Program, ChiliPoker may disclose to You certain information which is by its nature confidential. You must treat all such information as strictly confidential and secret and shall not use it, directly or indirectly, for Your own business purposes or for any other purpose except for the good execution of the Terms and Conditions unless with ChiliPoker's prior written consent or if such information has independently been made available to the public or if the same is required by law or legal process.

10.  Exclusivity

You agree, understand and acknowledge that ChiliPoker may enter into agreements of this type with third parties to promote the Service or a similar version thereof. ChiliPoker may re-direct traffic and Players to any other service in its sole discretion, without any additional compensation to You.

11.  Assignment and Dealing

The Terms and Conditions and all ChiliPoker rights and obligations under it may be assigned, transferred, novated or otherwise dealt with by ChiliPoker and shall inure to the benefit of ChiliPoker's successors and assigns and You shall (at ChiliPoker's expense) do all things necessary to facilitate such assignment, transfer, novation or dealing

You shall not assign, transfer or otherwise deal with any of Your rights under the Terms and Conditions without ChiliPoker prior written consent which ChiliPoker may withhold in its absolute discretion.

12.  No Partnership or Agency

Nothing in the Terms and Conditions shall be construed as making the parties partners or joint ventures or render either liable for any of the debts or obligations of the other. You shall in no way be considered as being ChiliPoker's agent or representative in any dealings You may have with any third party. You shall not act for or make any representation on ChiliPoker's behalf in any such dealings nor represent Yourself as being ChiliPoker's partner, agent or representative and shall have no power to contract on ChiliPoker's behalf.

13.  Law and Jurisdiction

The Terms and Conditions will be interpreted, construed and enforced in accordance with the laws of United Kingdom without regard to its choice of law principles to the contrary. IN THE EVENT OF A DISPUTE ARISING FROM THE EXECUTION OR INTERPRETATION OF THE TERMS AND CONDITIONS, EXCLUSIVE COMPETENCE IS ATTRIBUTED TO THE COURTS OF UNITED KINGDOM, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR INTRODUCTION OF THIRD PARTIES, EVEN FOR URGENT OR PROTECTIVE PROCEDURES UPON SUMMARY INJUNCTION OR PETITION

14.  Miscellaneous

14.1.    Changes to the Terms and Conditions. ChiliPoker shall retain the right to provide the Service and operate the Affiliate Program in any form it deems appropriate. ChiliPoker retains the right to change or cancel any part of the Service, at any time and in any manner and may make alterations to the Affiliate Program without prior notice to You. However, any strategic change of policy, such as the cancellation of any part of the Service at any time, shall be made with prior notice to You.

14.2.    Non- Waiver. ChiliPoker's failure to enforce Your adherence to the Terms and Conditions shall not constitute a waiver of the right of ChiliPoker to enforce said terms at all times.

14.3.    Interpretation. In the Terms and Conditions (except where the context otherwise requires):

(i) the clause headings are included for convenience only and shall not affect the interpretation of the Terms and Conditions;

(ii) any reference to "persons" includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, governmental or state agencies, foundations and trusts (in each case whether or not having separate legal personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists);

(iii) any reference to a statute, statutory provision, ordinance, subordinate legislation, code or guideline ("legislation") is a reference to that legislation and all other subordinate legislation made under the relevant legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation.

14.4.    Severability. Whenever possible, each provision of the Terms and Conditions shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of the Terms and Conditions 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 the Terms and Conditions.

14.5.    Force Majeure. Neither party shall be liable to the other for any delay or failure to perform its obligations under the Terms and Conditions 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 labor disputes, strikes, industrial disturbances, acts of terrorism, floods, lightning, utility or communications failures or earthquakes. 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, and prevents the parties from executing their obligations under the Terms and Conditions, for a period exceeding 30 (thirty) days then either party may terminate the Terms and Conditions without notice.

14.6.    Entire Agreement. The Terms and Conditions constitute the entire agreement between the parties and supersedes all prior agreements between the parties relating to the subject matter of the Terms and Conditions. Each of the parties waives any right it may have to rescind the Terms and Conditions for the breach of any warranty or representation not included in the Terms and Conditions unless such representation or warranty was made fraudulently.

 

Our mission is to create and maintain a fair and rewarding gaming affiliate partnership. If You have any questions or concerns about the Terms and Conditions, please email us at affiliates@chilipoker.com