Terms and Conditions
Version 1.0, published , 01 September 2019
In order to apply for our affiliate program, you will need to read, understand and accept these terms and conditions. If you do not agree with the terms and conditions do not continue with your application. Should you have any questions regarding our affiliate program please contact for further information.
1.1 This document (the "agreement") outlines the terms and conditions agreed between us, arcanebet affiliates - TH Gambling N.V. reg. no. 146982 , having its registered address at E-Commerce Park Vredenberg (referred to herein after as "arcanebet affiliates", "we", "us", "operator" or "our") and you (referred to herein as "you", "your" or "affiliate"), in respect to your application to join our affiliate program and to promote the arcanebet.com website and our services.
1.2 By completing your application to the affiliate program and clicking “I agree with the Terms & Conditions” within the registration form, you (the “affiliate”) hereby agree to participate in the affiliate program and abide by all the terms and conditions set out in this agreement.
We may modify any of the terms and conditions contained in this agreement or replace them at any time and at our sole discretion. We will notify you of any changes made by posting a change notice or a new agreement on our affiliate website. Modifications may include but are not limited to; changes in the scope of available commissions and affiliate program rules. If any modification is unacceptable to you, it is your sole responsibility to terminate the affiliate agreement in accordance with the terms set out in this agreement. Your continued participation in our affiliate program following our posting of a change notice or new agreement shall be considered as acceptance of the modification or of the new agreement.
1.3 arcanebet affiliates determines at its' sole discretion whether or not to accept your application for our affiliate program. Our decision is final and no appeal will be granted. Once we have reached a decision in regards to your application we will notify you by email informing you of whether you have been accepted as our affiliate or not. Upon a successful application you will be bound by these terms and conditions set out in this agreement when marketing/promoting the arcanebet affiliates website and services. arcanebet affiliates will email you with further information upon acceptance of your application.
In this agreement unless the context otherwise requires:
"We", "us", "operator", "website" means arcanebet affiliates the person or entity that will provide the affiliate program.
"Affiliate" means you, the person or entity, who applies to participate in the Affiliate Program.
"Sub-affiliate" means an individual and/or entity that an affiliate directs in any appropriate manner to arcanebet affiliates and who can be linked to the affiliate's unique affiliate account / identity, which person or entity becomes an affiliate of arcanebet affiliates.
"Affiliate program" means the collaboration between you and us whereby you will promote the arcanebet affiliates website and create the links from the affiliate website(s) to the arcanebet affiliates website and thereby be paid a commission as defined under this agreement depending on the traffic generated to the website(s) subject to the terms and conditions of this agreement.
"Affiliate website(s)" means one or more websites on the Internet which are maintained and operated by the affiliate.
"Confidential information" means all information about us which is not publicly known and that is disclosed (by whatever means) by us to you.
"Net generated revenues (NGR)" means the sum of arcanebet affiliates net revenue generated by all your referrals in the space of a calendar month.
"Net revenue", calculated on a monthly basis, means the monthly gross revenue less costs, which includes but is not limited to: taxes, betting duties, third party commissions/fees for providing games and game software etc, financial transaction fees, bonuses, "loyalty rewards", rakeback, cashbacks and charge backs.
"Intellectual property rights" means any and all patents, trademarks, service marks, designs, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements.
"Referred customers" means customers who have no prior account with our website and have signed up for an account with us with your affiliate tracking code attached.
"New depositing player" means a new customer / player who has made a first minimum deposit with arcanebet affiliates where this latter is used for bona fide transactions with an ultimate aim to establish and enter into a normal commercial relationship with arcanebet affiliates within the framework of the business. The customer registration and the first deposit do not have to be simultaneous.
"Revenue share" means the percentage share the affiliate will earn from the net generated revenues created by his referred customers.
"Your website" the website which you notify to us on the affiliate sign up form.
"CPA" – means "cost per acquisition". "Acquisition" shall mean the first time deposit ("FTD") of the referred player.
"Reward Plan" – shall mean the CPA commission paid by to the affiliate for the FTD of the referred player.
In the case of a reward plan with a CPA element, the operator reserves the right to withhold any payments of the reward plan for any customer accounts including, but not limited to, bonus abuser customer accounts, suspended and/or closed customer accounts, customer accounts suspended and/or closed due to fraud, customer accounts subject to self-exclusion or any other customer account which the operator in its sole discretion deems it necessary to suspend and/or close.
3.1 The links provided to you by arcanebet affiliates should be displayed and used by you in the manner agreed between you and us and you shall not change the form, location or operation of the links without arcanebet affiliates prior written consent.
3.2 You shall ensure that you do not place any links on pages of your website aimed at persons under the age of 18 years.
3.3 In the event that you wish to place the links on websites other than your website, you must first obtain arcanebet affiliates written consent.
3.4 If we discover that your use of any link is not in compliance with the terms of this agreement, we shall be entitled to take such measures as to render inoperative the links used by you and to immediately terminate this agreement without notice to you (see 13.2).
4. Revenue Share And Net Generated Revenue Calculations
4.1.1 Your revenue share is calculated according to the following structure:
|Revenue||1st Booster*||Max Revenue Share|
*Based on 20+ Deposing players/month
4.1.2 The revenue share model stipulated in 4.1.1 always applies for the casino and sports betting products.
4.2 Net generated revenue is calculated according to the following terms for each of arcanebet affiliates products:
a) NGR from sports betting is calculated as the figure resulting from the calculation of the betting revenues generated by your referred customers actually received by us less the winnings, less any credits, bonus or promotional amounts given to referred customers, processing charges, third party fees, chargebacks or any uncollectible revenue attributable to the referred customers.
b) NGR from casino is calculated as, the sum total of all your referred customers' gross bets less payouts (as calculated by our website), less any credits, bonus or promotional amounts given to referred customers, processing charges, third party fees, chargebacks or any uncollectible revenue attributable to the referred customers.
We retain the right to change the REVENUE SHARE AND NET GENERATED REVENUE percentage and method of calculation of revenue share as we wish in accordance with clause 1.2
5. Forbidden Practices
5.1 You may not in any way offer added rewards of any kind to your referred customers without arcanebet affiliates prior written consent. If arcanebet affiliates deems you to be in breach of this condition, arcanebet affiliates may terminate your affiliate agreement and seize to pay you any further revenue share from your referred customers (see Term 13.2).
5.2 Neither you nor your direct relatives (spouse, partner, parent, child or sibling), may under no circumstance receive any revenue share on your own or direct relatives' customer account.
5.3 You are forbidden to in any way modify, redirect, suppress or substitute the operation of any button, link or other interactive feature of the arcanebet affiliates website.
5.4 You are forbidden to attempt to artificially increase monies payable to you by arcanebet affiliates.
5.5 You and your sub-affiliates shall at all times comply with all the applicable gaming laws and regulations and all the data protection laws and regulations, including but not limited to the European Directive 2002/58/EC, the General Data Protection Regulation (GDPR) (EU) 2016/679 and any legislation and/or binding regulations implementing or made pursuant to them.
a) You may not in any way advertise to customers which did not expressly and clearly consent to receive marketing communications, or which consent you didn't store and are not able to prove anytime, or to customers which data have been processed in breach of any data protection laws and regulations
b) Every email shall clearly indicate it origins from you and not from us.
c) Every marketing email shall contain a clear link to unsubscribe from further marketing emails.
5.6 We reserve the right to terminate the agreement immediately with no notice if, in our reasonable opinion, you have breached any gambling advertising rules or any data protection laws and regulations.
5.7 Affiliate further agrees:
- Not to send any material via direct marketing means to customers whom the affiliate knows or should reasonably know to be self-excluded with the operator.
- That it will not perform any act which is defamatory, discriminatory, obscene, immoral, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent material. The affiliate shall not advertise (or cause to be advertised) the operator's website on any sites which may, in any manner, be considered to be obscene, immoral, unsuitable or are otherwise black-listed and identified on the Police Intellectual Property Crime Unit (PIPCU) database. The affiliate shall ensure that it is aware of the location of any and all such advertisements. The operator reserves the right to periodically request a list of all locations used by the affiliate to promote the operator's website to ensure continued compliance. Accordingly, the affiliate can only advertise the operator’s website on websites and through media accounts and channels that have been disclosed to and approved in advance by the operator.
- That it will not send traffic to the operator's website by unlawful, illegal or fraudulent means, including, but not limited to, by:
(i) Sending spam. This includes all formats of spam, including but not limited to emails and/or SMS's that meet any one of the following criteria: (a) are unsolicited and sent to a large number of addressees, (b) contain false or misleading statements, (c) does not honestly identify the source of the originating email address, (d) does not contain an online and real time ‘opt-out’ option or causes software download, installation or similar action without addressee consent.
(ii) Incorrect meta tags.
(iii) Registering as a player or making deposits directly or indirectly to any player account through his/her tracker(s) for their own personal use and/or the use of their relatives (this is in reference to family members), friends, employees or other third parties, or in any other way attempt to artificially increase the amounts payable, or to otherwise defraud the operator.
(iv) Popups, popunders and cookie stuffing / dropping. If you have media sources/websites that do not contain defamatory, discriminatory, obscene, unlawful or otherwise unsuitable material and you are planning popup/popunder advertising campaigns, pre-approval from the operator is required in all cases.
- That the affiliate website/s and any other medium which may be used by the affiliate to advertise, market and promote the operator's website in terms of this agreement shall at all times uphold the standards of best practice by including, without limitation, the promotion of responsible gambling and containing ‘18+’ (or any other higher age restrictions that may apply to different jurisdictions) and responsible gambling warning messages and logos and links to the sites of agencies/organisations that help vulnerable customers on any pages/sites/media that will divert/link the potential customer to the operator’s website.
- That it must not promote the operator's website in connection with matched betting and arbitrage betting, which, for the purposes of this sub-clause, is defined as any method of betting or wagering which is intended to give players a guaranteed win with no risk, including, but not limited to, the use of free bets.
6. arcanebet affiliates Obligations
6.1 arcanebet affiliates shall supply you with the links for inclusion on your website and may update such links from time to time.
6.2 arcanebet affiliates shall use its best endeavors to ensure that whenever a referred customer signs-up with arcanebet affiliates through your affiliate link with your tracking code attached the relevant customer is identified as originating from your website. However, arcanebet affiliates shall not be liable to you in any way if arcanebet affiliates is unable to identify a customer as originating from your website.
7.1 Payment is made by the 15th of every calendar month.
7.2 The minimum sum for a monthly payment of affiliate payment is € 150. If a revenue share does not exceed € 150, arcanebet affiliates shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the revenue share (including such carried forward sum) exceeds € 150, at which time payment shall be made. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than € 150 in any given month.
7.3 If an affiliate's revenue share for a particular calendar month is negative, such negative amounts shall not be carried forward to the subsequent month(s).
7.4 Individual players who win more than $/€10,000 in a single month are excluded from the ‘no negative carry over’ rule. Such players are isolated until they become ‘positive’ players again.
7.4.1 The negative balance carried forward cannot be set-off against other players’ net win.
7.4.2 The negative balance carried forward cannot be greater than the total aggregate negative net win for the affiliate, for that month.
7.4.3 If there is more than one high-roller, the negative balance carried forward will be split proportionally between them.
7.5 arcanebet affiliates shall provide you with statements accessible through your personal affiliate page, http://affiliate.arcanebet.com, detailing the referred customers and your share of net generated revenues.
7.6 If an error is made in calculating the commission, the operator reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim over-payment made to the affiliate.
7.7 The operator 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 the terms set out in this agreement.
7.8 It is expressly agreed that no payment shall be due when the traffic generated is illegal or contravenes breaches any provision of this agreement. 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.
7.9 For the sake of clarity, the parties to this agreement specifically agree that upon termination of this agreement by either party, the affiliate shall no longer be entitled to receive any payment whatsoever from the operator, provided that payments already due (earned and unpaid commissions) shall be paid out.
7.10 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. The operator shall in no way whatsoever be held liable for any amounts unpaid but found to be due by the affiliate and the affiliate hereby indemnifies the operator in that regard.
8. Intellectual Property
8.1 arcanebet affiliates grants you a non-exclusive and worldwide license to display the arcanebet affiliates brand features and related content (the " arcanebet affiliates content") during the term solely for the purposes of the display of the links by you on your website as set out in this agreement and in accordance with arcanebet affiliates guidelines as may be provided to you from time to time. All intellectual property rights and any goodwill arising in the links and in all betting products, associated systems and software relating to the services provided by arcanebet affiliates to its customers from time to time shall remain the property of arcanebet affiliates. You are not permitted to alter or modify in any way the arcanebet affiliates content without the express prior written consent of arcanebet affiliates .
8.2 You agree that your website shall not resemble in any way the look and/or feel of the arcanebet affiliates website, nor will you create the impression that your website is the arcanebet affiliates website (or any part thereof).
9.1 Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the term all rights, titles and authority to enter into this agreement, to grant to the other party the rights and licenses granted in this agreement and to perform all of its obligations under this agreement.
9.2 You warrant that you have obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable you to fulfill your obligations under this agreement.
We make no representation that the operation of the arcanebet affiliates website will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
You are solely responsible for any marketing initiatives you and/or any of your sub-affiliates conduct, including, without limitation, compliance of such initiatives with the applicable legal requirements.
You (the "Indemnifying Party") shall indemnify on demand and hold harmless arcanebet affiliates and each of arcanebet affiliates associates, officers, directors, employees, agents, shareholders and partners (the "Indemnified Party") from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the indemnified party in consequence of any breach, non performance or non observance by you and/or any of your sub-affiliates of any of the obligations or warranties on the part of the indemnifying party contained in this agreement or of any applicable laws or regulations.
12. Exclusion Of Liability
12.1 Nothing in this clause 12.1 shall limit arcanebet affiliates liability for death or personal injury resulting from arcanebet affiliates negligence or for fraud.
12.2 arcanebet affiliates shall not be liable, in contract, tort (including without limitation negligence) or in any other way for: loss of revenues, profits, contracts, business or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of this agreement, or any other matter under this agreement.
12.3 The liability of arcanebet affiliates shall not, in any event, exceed the sum of the total monies paid by arcanebet affiliates to you over the 6 month period preceding the date on which such liability accrued.
13.1 This agreement shall start on the date that we notify you that your application has been successful in accordance with clause 1. This agreement shall continue thereafter unless and until terminated by either party upon 30 days written notice.
13.2 The operator may, however, terminate the agreement with immediate effect in the event that the affiliate is in default of its obligations thereunder or is otherwise in breach of the representations and warranties provided therein. In this case, no notice period shall be applicable and the agreement shall be considered terminated as of the date on which the operator notifies the affiliate of its decision to terminate the agreement on the strength of this clause.
13.3 In this event, the parties agree that the operator may take any action it deems appropriate, including the withholding of any unpaid commissions as of the date of termination as security for any perceived/anticipated/contingent liabilities or claims that may arise against the operator due to the breach or activities of the affiliate.
13.4 The contracting parties hereby agree that upon the termination of this agreement:
a) The affiliate must, within seventy-two hours of receipt of the above mentioned notification, remove all references to the operator from the affiliate’s websites and/or other marketing channel and communications, irrespective of whether the communications are commercial or non-commercial.
b) All rights and licenses granted to the affiliate under this agreement, if any, 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 the operator.
c) The affiliate will be entitled only to those earned and unpaid amounts in terms of clause 7 as of the effective date of termination; however provided, the operator 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 or other payments after this date.
d) The affiliate will return to the operator any and all confidential information (and all copies and derivations thereof) in the affiliate’s possession, custody, and control.
e) The affiliate will release the operator 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 the operator shall survive the termination of this agreement.
13.5 In the event that a referred customer has had no activity and remains inactive for a period exceeding 24 months, this customer will no longer be deemed as your referral and you will no longer be entitled to any further revenue share from any future revenues created by this player.
13.6 The affiliate agrees that will put effort into constantly promoting the program visibly on their website(s). In the event that the affiliate doesn't log into their affiliate account for more than 90 consecutive days or the affiliate fails to meet a minimum activity level, the company reserves the right to terminate this agreement. For the sake of clarity, the minimum activity level shall not be unreasonably high and communicated in advance to the affiliate.
14. Your personal information
15.1 This agreement constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.
15.2 If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.
15.3 Any notice given or made under this agreement to arcanebet affiliates shall be by email to the relevant email . arcanebet affiliates shall send you any notices given or made under this agreement to the email address supplied on your application form or such other email address as notified by you to arcanebet affiliates.
15.4 Nothing in this agreement is intended to create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.
15.5 Neither party shall make any announcement relating to this agreement nor its subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority.
15.6 The validity, construction and performance of this agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the law of The Netherlands Antilles. Each party irrevocably submits to the exclusive jurisdiction of The Netherlands Antilles courts over any claim, dispute or matter arising under or in connection with this agreement or its enforceability.
15.7 In case of any discrepancy between the meanings of any translated versions of this agreement, the meaning of the English language version shall prevail.
16. Changes To This Agreement
This agreement has not been varied or otherwise amended since 1st of September 2019.