Terms and Conditions
Chanz Affiliate Program
The Chanz Affiliate Program (the Program) is run by Dreambox Games OÜ (We or Chanz) of Estonia, registry code 12712036, with its registered seat at Lõõtsa 8, Tallinn, Estonia.
We are a gambling operator running websites chanz.com and chanz.ee and all linked pages (the Chanz Site) that offer online casino services under the “Chanz” trademark (the Chanz Brand).
The purpose of the Program is to reward enrolled website owners for promoting the Chanz Brand and directing new customers to the Chanz Site.
In order to enroll in the Program a website owner would need to accept these terms and conditions by ticking the box indicating your acceptance and register as an affiliate by completing the online form made available on the Chanz Site. The Affiliate application will form an integral part of the Agreement. It is your sole obligation to ensure that any information you provide us with when registering with the Program is correct and that such information is kept up to date at all times. We will evaluate your application to enroll in the Program and will notify you by e-mail whether your application was successful or not and our decision is final and not subject to any right of appeal. We reserve the right to refuse any applications to enroll in the Program in our sole discretion. To prevent any misunderstanding, our auto-approval does not imply that we won't reassess your application at a later time.
This document (the Agreement) details the terms and conditions agreed between Chanz and the person (either legal or natural person) set out on the relevant application form (you or the Affiliate) regarding the Affiliate’s application to join, and in the event the Affiliate’s application is successful, the Affiliate’s membership in the Program. This Agreement shall be binding on you once you submit your application to enroll in the Program, however, the Agreement will only be binding on us when we approve your application.
In this document the term Chanz Content shall mean any text links (including sub-affiliate links), banners, advertising and other marketing material containing the Chanz Brand as made available by Chanz to the Affiliate.
1. Responsibilities of the Affiliate
1.1. As Affiliate you are responsible for promoting the Chanz Brand by implementing the Chanz Content on your websites, e-mails or other communications.
1.2. You will present only approved content about Chanz (i.e. Chanz Content) on your site. Presentation of content that is deemed unsuitable by Chanz will result in the Agreement being terminated with immediate effect.
1.3. You understand and accept that the promoting or soliciting of bets is subject to legal restrictions or prohibited in some countries whereas said restrictions may vary from time to time. Should the promoting or soliciting of bets be prohibited under the regulations of your country of domicile or be permissible only under certain preconditions which are not met, you understand and accept that you ought not enter into this Agreement.
1.4. You agree that you will not actively target with Chanz Content any jurisdiction or territories where gambling or where the marketing or advertising of gambling and the promotion thereof is illegal or such jurisdictions as may be advised by Chanz from time to time.
1.5. You shall not participate in any fraudulent, disreputable, unethical or illegal activity, or partake in any activity which is not beneficial to Chanz and the Program or that are not in the best interests of Chanz, the Program or Chanz’ customers.
1.6. With respect to the laws and regulations on the prevention of money laundering and financing of terrorism and in line with Chanz policies, the Affiliate will be required to verify their identity by providing copies of personal and, where applicable, company identification and registration documents.
1.7. By applying to be registered as an Affiliate, You warrant the following:
1. the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such company/corporate entity/organisation;
2. to provide, at any given point during the duration of the Agreement, any such information to Us as We may reasonably require in order to enable Us to comply with Our information reporting and other obligations to any relevant supervisory authorities;
3. that You have effective mechanisms in place to prevent access to Your Affiliate site by minors, including but not limited to, clear warning signs indicating the minimum legal age permitting individuals to make use of the product as stipulated in the laws of the relevant jurisdiction;
4. that any commercial communications which originate from You must include a message regarding playing responsibly and a message in this regard should be clearly placed and portrayed on Your Affiliate site. Examples of such messages include, but are not limited to, the following: “If you play, play responsibly”; or “Uncontrolled gambling may have adverse consequences at a psychological level” - depending on jurisdiction.
1.8. The Affiliate shall be exclusively liable for such actions in this section 1 and shall hold Chanz harmless and shall fully indemnify Chanz for any liability incurred by Chanz If you don't comply with the provisions in this section.
2. Affiliation Guidelines
2.1. By agreeing to participate in the Program, you are agreeing to use your best efforts to actively and effectively advertise, market and promote Chanz Site in accordance with the provisions of the Agreement and only approved and properly tagged creative materials, supplied by us from time to time, may be used to promote Chanz. Advertorials and personal endorsements are allowed but all materials not designed by Chanz need to be pre-approved in writing; such approval shall not be unreasonably withheld by us. You will ensure that all activities taken by you under the Agreement will be in Chanz best interest and will in no way harm Chanz’s reputation or goodwill. This is the only method by which you may advertise on our behalf.
2.2. You may not modify any Chanz Content supplied by us without the written prior consent of Chanz. You shall use your reasonable endeavors to display the most up to date Chanz Content on your site in a manner and location agreed by the Parties. You shall not alter the form or operation of the Chanz Content without our prior written consent. We reserve the right to request You to take down any form of use of the approved Chanz Content which it deems to be non-compliant with this Agreement or applicable law or infringing intellectual property of Chanz.
2.3. By agreeing to participate in the Program, you are agreeing to download banners, text or promotional material and place it on your site, utilize it within e-mail or other type of direct marketing using your affiliate URL or print. These methods are by which you may advertise on Chanz’ behalf.
2.4. You shall not bid on, 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 which are identical or similar to any of the Chanz trademarks, or variations thereof (including, but not limited to “Chanz”) in the “domain name”, (i.e. after any prefixes but before the top level domain suffix), or include metatags on the Affiliate site which are identical or similar to any of the Chanz Brand. You shall not create pages falsely representing any Chanz Brand in any social media channels (including, but not limited to, Facebook, Google +, X etc.).
2.5. Banners, links or any other Chanz Content may not be placed within unsolicited e-mail, unauthorized newsgroup postings, or chat rooms or through the use of "bots". You must have obtained lawful consents from all addressees of any email, SMS or other marketing communication involving any Chanz Content for using their contact details for such purpose. You are solely liable for obtaining relevant consents. Any such draft emails, SMSs or other communication must be provided to Chanz for approval in advance of circulation to any addressee. Chanz may refuse the approval if the communication does not include the following:
1. express and easily identifiable indication that the communication is sent on behalf of the Affiliate (rather than Chanz);
2. contact details of the Affiliate as the sender of the communication;
3. easily identifiable link for unsubscribing from further similar communication whereas the addressee must be able to unsubscribe in a simple way and without a charge; and
4. any other information required to be included in such communication by applicable law at any given time.
2.6. You shall not make any claims, representations, or warranties in connection with Chanz and you shall have no authority to and shall not bind Chanz to any obligations.
2.7. Unless we have expressly agreed otherwise, you will only use Chanz Content and will neither alter its appearance nor refer to us in any other promotional materials. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of the Chanz Site.
2.8. Affiliate must not alter form fields or scripts in Chanz supplied marketing materials which are designed to collect contact information from players, in an attempt to hijack such information for Affiliate or advertiser's own use.
2.9. You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes Chanz damage. Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the revenue share as per Section 4 below or the CPA as per Section 5 below (the Commissions or a Commision, as relevant) paid to you at any time and terminate the affiliate account. Our decision in this regard will be final and no correspondence will be entered into with you. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such.
2.10. Traffic generated in breach of the conditions set out in this Agreement or otherwise illegally will not be counted towards any revenue generated or customers acquired by you and will therefore not be taken into account upon calculating your Commission.
2.11. We will terminate this Agreement immediately if we deem you to generate traffic to the Chanz Site by illegal or fraudulent activity or attempt thereof, or any activity or attempt thereof in breach of this Agreement, or by any attempts to artificially increase the Commission payable to you or by presenting your site in a manner that may cause confusion in the customers as to the relationship between you and us.
2.12. The Affiliate will be solely responsible for its marketing activities (including but not limited to distribution, content and lawfulness of the same). In the event of a breach of this clause, We will be entitled to exercise all means available to enforce or defend Our rights in the respective territory, and You shall thereby fully comply with Our requests immediately and without delay. Furthermore, in the event of a breach of this clause, We will not reward or pay for any traffic generated thereto and via such means.
2.13. You acknowledge that we hold a gambling license in multiple countries and are subject to such countries’ local laws and regulations that relate to promotion of gambling and specifically promoting gambling and soliciting bets. In some countries where we hold a license and promote gambling using the Affiliate, the Affiliate acknowledges that it may be jointly responsible with Chanz to the local gambling or advertising authority for any promotion or advertising done on behalf of Chanz that is not in compliance with the local laws and regulations.
2.14. You shall ensure that you do not place any Chanz Content on pages of the Affiliate site targeting individuals under the legal gambling age where they are domiciled and does not allow, assist or encourage others to market and promote any Content, the Chanz Brand and the our services to anyone under the legal gambling age in the countries where they are domiciled.
2.15. The Affiliate must refrain from:
1. Taking any action that may cause confusion regarding the relationship between Chanz and the Affiliate, or the site where transactions occur.
2. Offering any form of incentive, whether monetary or otherwise, to individuals or entities to access the Chanz Site and utilize the Chanz Content on the Affiliate site, including implementing any form of "rewards" program for individuals or entities who utilize said content.
3. Employing any means, such as devices, robots, spiders, software, routines, or similar methods, to disrupt or attempt to disrupt the proper functioning of the products and/or Chanz Site, or any associated information or transactions.
4. Engaging in transactions on behalf of any third party on the Chanz Site, or authorizing, assisting, or encouraging other third parties to do so.
5. Promoting Chanz Brand in any manner other than by utilizing the Chanz Content on the Affiliate site as per this Agreement, without prior written consent from Us.
6. Posting or displaying advertisements or Chanz Content on any website not owned by the Affiliate using framing techniques, such as pop-up/pop-under windows, or assisting, authorizing, or encouraging any third party to do so without Chanz’s prior written consent.
7. Trying to intercept or divert traffic from or to any other website participating in the Program, including through user-installed software.
8. Attempting to artificially manipulate payments due to the Affiliate by Chanz, including colluding with customers referred by the Affiliate or other affiliates, and/or creating multiple Affiliate sites or accounts for hedging bets, offsetting losses, or gaining financial advantage.
9. Registering more than one Affiliate account with the Program, except under circumstances confirmed in writing by the Chanz’s Head of Affiliates.
10. Using any form of spam (including search engine spamming or spamdexing) or unsolicited mail to refer new customers to the Chanz Site.
11. Neglecting to ensure that the Affiliate site content remains compliant with any content and phrasing obligations and/or restrictions imposed on Chanz by legal and/or regulatory requirements and/or third-party suppliers.
12. Applying for a new Affiliate account if a previous account was closed due to breach of the Agreement.
13. Posting or displaying any advertisements or content promoting the Chanz Site in markets where such promotion is prohibited, including markets under re-regulation.
14. Incentivizing or suggesting strategies such as bonus abuse, casino systems, or similar methods that go against the spirit of the Affiliate partnership being mutually profitable for both Parties.
15. Using individuals who are or appear to be under the age of 25 when marketing and promoting the Chanz Brand and Chanz’s services.
16. Engaging in, allowing, assisting, promoting, encouraging, or benefiting from any act or traffic involving fraud, whether involving customers or other commercial entities.
2.16. If, at our sole discretion, we find that the Affiliate has engaged in the specified activities, we reserve the right to take the following actions:
1. Suspend any payments owed to the Affiliate while we investigate any suspected breach.
2. Hold back payment of any Commissions resulting from the breach.
3. Retain the Commissions until the debt is settled, invoice the costs incurred due to the breach, or both.
4. Modify the Affiliate's reward plan.
5. Immediately terminate the Agreement.
Should our investigation conclude that no breach occurred, we will release all suspended or withheld payments to the Affiliate. Our decision to exercise any rights or remedies under this provision does not waive any other rights, remedies, legal actions, or compensations available to Chanz.
2.17. We reserve the right to suspend any Affiliate account if there is no response to communication sent by Chanz to the contact details registered with the Affiliate account within three months of the initial attempt.
2.18. You shall be solely responsible for all risk, costs and expenses incurred by you in meeting your obligations under the Agreement.
2.19. You will immediately give Chanz all such assistance as is required and provide us with all such information as is requested by Chanz to monitor your activity under the Program and as we may require to allow us to comply with our reporting or other regulatory obligations.
2.20. Additionally, we refrain from accepting new traffic from countries where players are unable to participate, and consequently, no Commision will be issued for such traffic.
3. Purchase Processing
Only properly tagged customers who have, for the first time and in an appropriate manner, registered for an account with Us directly through one of Your Affiliate links (new customers) can be assigned to an Affiliate. Should an Affiliate tag be improperly inserted into the Affiliate site or not properly received by Chanz server the resulting customer registration and purchases will not be assigned to the Affiliate. Therefore it is the responsibility of the Affiliate to ensure that all links are properly tagged.
We reserve the right at our sole discretion, to refuse referred new customers, or to close their accounts, if necessary in order to comply with any regulatory or legal requirements that may arise.
Customer is only a new first-time customer of Chanz having made a first deposit amounting to at least the applicable minimum deposit at Chanz Site betting account in accordance with the applicable terms and conditions of Chanz, within five hundred (500) days of registering such account but excluding the Affiliate, its employees, relatives and/or friends. For the avoidance of doubt, players which are already Our customers shall not be considered new customers. For CPA deals, the minimum total deposit over the customer’s lifetime must be at least 50 Euros or as otherwise agreed.
4. Revenue Sharing
If you are enrolled in the Program on a revenue sharing basis, the following terms apply (where not agreed otherwise with you):
4.1. Chanz will pay out a monthly net revenue share on the commissionable earnings generated by each customer referred by you, as defined by Chanz.
4.2. Net revenue will be defined as gross gaming revenue minus the following:
· the administration fee of at least 36% or higher depending on, among other:
Jurisdictional licensing fees
Gaming platform licensing fees
Affiliate software licensing fees
Charges levied by electronic payment or credit card organizations
Monies paid in the form of gaming duties or taxes
Type of the customer account (regular account or express account).
· Marketing costs such as campaign prizes, bonuses, free spins, free bets, free money, game tickets
4.3. If a customer referred by an Affiliate in compliance with this Agreement generates negative commissionable revenue of at least 10,000 EUR in a calendar month, calculated at the end of a given month, such customer will be deemed a High Roller. The negative commissionable revenue generated by a High Roller in a given month will be carried forward and set off against future commissionable revenue generated by such High Roller in subsequent months until the full set-off of the negative balance. A High Roller will be removed from the Affiliate revenue share calculation until and reinstated upon the full set-off of the negative balance.
4.4. Should a customer initiate a chargeback (The reversal of a payment previously made to Us by a referred player, their credit card-issuing bank, or any other third-party payment solution provider. Chargebacks are considered fraud for the purpose of calculating net revenues), the disputed or charged-back revenue generated by yourself will be forfeited and therefore deducted from the total balance due to you for the current month. If this deduction of the accumulated revenue exceeds your current amount due, your balance will then revert to a negative balance, and you will have to earn revenue to cover the charge-back before you can start earning revenue again.
4.5. Complimentary money, free money and other incentives refer to those amounts credited to the account of customers. As they have not purchased these amounts we cannot and will not pay you any Commissions on these amounts.
4.6. Unless expressly set out otherwise in the Agreement, negative earnings are not carried forward and the Affiliate will begin each month on a zero balance. Should the Affiliate close the month with a positive balance, Commissions will be paid on the positive balance. Should the Affiliate close the month with a negative balance, this balance will NOT be carried forward to the next month, unless the negative balance is a result of a chargeback (as per Clause 4.4) or a High Roller (as per Clause 4.3).
4.7. Commissionable earnings will be earned for the life of the customer, on all transactions the customer undertakes at the Chanz Site, for as long as the Affiliate remains a member of this Program.
4.8. If you disagree with the balance due to you as reported, you shall notify us within 20 days and state the reasons for the disagreement. Failure to notify us within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period in question.
5. Cost Per Acquisition Terms
If you are enrolled in the Program on a Cost Per Acquisition (CPA) basis, the following terms apply (where not agreed otherwise with you):
5.1. Chanz will pay out an individually agreed upon CPA-based Commission amount for acquired customers. The agreed amount will be confirmed in writing or by e-mail.
5.2. Should the customer initiate a chargeback on the transaction triggering the payment of the CPA-based Commission, the disputed or charged-back revenue generated by the Affiliate will be forfeited and therefore the Commission will not be paid to the Affiliate.
5.3. Complimentary money, free money and other incentives refer to those amounts credited to the account of customers. As they have not purchased these amounts we will not consider these amounts as deposits.
5.4. Chanz reserves the right to move CPA Affiliates into our revenue share program with immediate effect by immediate notification thereof to the Affiliate. Should the Affiliate not agree with this, the Affiliate may terminate the Agreement as set out in Section 11 of the Agreement.
6. Payment
6.1. The calculation of the Commission due by Chanz to the Affiliate is done on a monthly basis. THE OBLIGATION OF CHANZ TO PAY OUT THE AFFILIATE’S COMMISSION RISES ONLY WHEN THE AFFILIATE HAS SUBMITTED AN INVOICE TO CHANZ WITHIN 12 MONTHS AS FROM THE END OF THE MONTH FOR WHICH THE COMMISSION IS CALCULATED. The Affiliate must submit the invoice by: issuing the invoice based on the transaction data available via the Affiliate’s account on the Chanz Site and sending it to Chanz e-mail: aff_invoices@chanz.com.
6.2. For the avoidance of doubt, the amounts visible in the Chanz Site via the Affiliate’s account represent net amounts and VAT is added to the invoice when prescribed by law. The Affiliate shall have the sole responsibility to pay 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 compensation generated under the agreement. We shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Affiliate and the Affiliate shall indemnify us in that regard.
Payments will be made to the Affiliate within 14 days from the receipt of the invoice by Chanz. Payments are effected by bank wire or by any other payments method agreed with us. It is the responsibility of the Affiliate to select the method of payment and keep Chanz informed of its current payment details. All payments due under this Agreement shall be made in Euros. Payments less than 100 Euros will be carried forward until the Affiliate earnings exceeds 100 Euros.
6.3. We are not under obligation to verify on our own if you have received the funds from us. Funds may have been returned to us by the provider of your selected payment method for different reasons, whereas the return of the funds may be difficult for us to automatically track. If you have duly submitted the invoice as per Clause 6.1 above but have not received a payment from us within six months as from the date of the invoice you must inform us thereof by e-mail. If you have not notified us of not receiving the funds as set out in the previous sentence, our obligation to pay the Commission terminates.
6.4. Should You fail to send us an invoice, or otherwise fail to claim any amount due to You within twelve (12) months from when such amount becomes due, such amount shall be written off and will no longer be due to You.
6.5. Without anyhow affecting the provisions of Clauses 6.1 - 6.3 above, we reserve the right to withhold payment to any Affiliate that violates any of the terms and conditions of this Agreement.
6.6. If for any reason the Affiliate has been overpaid, Chanz reserves, without prejudice to any other rights, the right to request that the Affiliate refunds the difference, or deduct the corresponding amount of overpayment to the Affiliate from the following month’s commission, and each month thereafter, until the debt is repaid in full.
6.7. The Affiliate must comply with the legal and regulatory requirements in its country of domicile; if it does not, it will not be entitled to receive any Commission based on the activities of new customers.
6.8. Chanz retains the authority to amend the Affiliate's Commission or modify the reward structure under the following circumstances:
1. If the Affiliate significantly decreases promotional efforts for Chanz.
2. If the current reward plan is not financially beneficial for Chanz.
3. If the Affiliate fails to generate a minimum of 10 New Depositing customers within a 3-month period.
4. In case of legal or regulatory alterations affecting a specific market. Any such modifications will be communicated via email to the address registered in the Affiliate's account in advance.
7. Policies & Confidentiality
7.1. Chanz assumes ownership of the customer at point of first contact with the visitor. You, as the Affiliate, act as a referring agent for Chanz. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any statutory or other requirements (including but not limited to fraud prevention, anti-money laundering, responsible gaming) we may periodically establish.
7.2. By opening an account with the Chanz, that person will become our customer and, accordingly, abide by all customer policies and operating procedures that will apply to them.
7.3. During the term of this Agreement, you may be entrusted with confidential information relating but not limited to the business, operations, customer affairs, products or services or underlying technology of Chanz and/or the Program (including, for example, referral fees earned by you under the Program) (the Confidential Information). You agree to avoid disclosure or unauthorized use of the Confidential Information to any third persons unless you have our prior written consent. You also agree that you will use the Confidential Information only to the extent necessary to perform your obligations or further the purpose of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
8. Limited License
8.1. We hereby grant to you a non-exclusive, non-transferable, revocable right and license, during the term of this Agreement, to use the Chanz Content solely in connection with the purpose of this Agreement.
8.2. By this Agreement, we grant you the non-exclusive right to direct customers to the Chanz Site 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 our services arising from your referrals, and we reserve the right to contract with and obtain the assistance from other parties at any time to perform services of the same or similar nature as yours. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities other than you.
8.3. The licenses referred to in this Section 8 cannot be sub-licensed, assigned or otherwise transferred by you. You shall not assert the invalidity, unenforceability, or contest the ownership of any Chanz trademarks 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.
8.4. We reserve the right to revoke said licenses at any time, and the same shall have been deemed revoked at the termination of this Agreement, for whatsoever reason.
9. Legal Responsibility
9.1. Ownership and content of the Chanz Sites remain our respective properties and shall not be deemed to have been transferred to the Affiliate through any act or omission in respect of the Agreement.
9.2. Ownership, content and liability for Affiliate sites are the sole responsibility of the Affiliate. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.You shall at all times ensure that your website is compliant with all applicable laws and appears and functions as a professional website. You will not present your site in such a way so that it may cause confusion with the Chanz Site or so that it may give the impression that it is owned or operated by Chanz.
9.3. You will be solely responsible for ensuring the confidentiality and security of the login details for your account on the Chanz Site and for any activity on your respective account whether it is conducted by you or not. You must inform us of any suspected unauthorized activity via your account or otherwise in your name or on your behalf. The Affiliate understands and accepts that its access to the Chanz Site via the Affiliate’s account is subject to the highest obligations of confidentiality. Any misuse of such access, whether intentional or not, shall be considered as a breach under the Agreement.
9.4. You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
9.5. It is the Affiliate’s responsibility to follow the correct linking and tagging procedure to ensure new customer tracking and payment.
9.6. Presentation of Chanz Content on Affiliate’s site is the responsibility of Affiliate. The Affiliate must ensure that Chanz Content is presented in accordance with our prescriptions.
9.7. Affiliate must ensure that any material posted on their site is legal and does not infringe copyright or violate any rights or applicable laws.
10. Relationship of Parties. Liability.
10.1. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 reasonably would contradict anything in this paragraph.
10.2. You agree to notify us in writing as soon as practicable and in any event within 5 working days of your becoming aware, of any breach of the Agreement, including but not limited to breaches by you of any laws, regulations, licence conditions, codes of conduct or advertising rules which apply to you as a result of the Agreement.
10.3. Indemnity
You agree that you shall defend, indemnify, and hold Chanz, its directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, claims and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement 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 unauthorized use of our banners and link or this Program.
10.4. Disclaimers
We make no express or implied warranties or representations with respect to the Chanz Site or the Program or the Commission payment arrangements (including, without limitation, their functionality, warranties of fitness, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Chanz Site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
10.5. Limitation of Liability
Your liability, whether under contract, tort or otherwise (including any liability for negligent act or omission), shall not be in any manner excluded or limited and shall include, without limitation, also any liability for any indirect and consequential damages incurred by Chanz including loss of profits, revenue, business, contracts, anticipated savings.
For the avoidance of doubt, You shall also be solely liable towards Us for breaches of this Agreement by Your Affiliate networks or any sub-contractors or third parties You engage.
You accept that we will not be liable for indirect, special, punitive, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program, whether in contract, tort (including negligence) or otherwise, will not exceed the total Commissions paid or payable to you under this Agreement over the 12 month period preceding the date on which such liability accrued.
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, officers or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Commissions generated and is limited to direct damages.
11. Term & Termination
11.1. The term of this Agreement will begin when your Affiliate application is accepted by us and will be continuous unless and until either party notifies the other in writing or via e-mail that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately.
11.2. Upon termination:
a. You must remove the Chanz Content from your site and disable any links from your site to the Chanz Site;
b. All rights and licenses given to you in this Agreement shall immediately terminate;
c. You will be entitled only to those unpaid Commissions, if any, earned by you on or prior to the date of termination. You will not be entitled to any Commission occurring after the date of termination;
d. If you have failed to fulfill your obligations and responsibilities, we will not pay you the Commission otherwise owing to you on termination;
e. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid or that you remove the Chanz Content from your site and disable any links from your site to the Chanz Site;
f. If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination;
g. 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 any trade names, trademarks, service marks, logos and other designations of Chanz.
h. You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.
12. Miscellaneous
12.1. Governing Law & Jurisdiction
This Agreement is governed by the laws of Estonia. Any action relating to this Agreement must be brought in Estonia and you irrevocably consent to the jurisdiction of Harju County Court.
12.2. Assignability and Enurement
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 enforceable against you and us and our respective successors and assigns.
12.3. Non-Waiver
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
12.4. Remedies
Our rights and remedies hereunder shall not be mutually exclusive, i.e., 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, the respective rights and obligations of the parties may be enforceable 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, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
12.5. Severability / Waiver
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
12.6. Modification of the Agreement
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice (by displaying a pop-up message once the affiliate logs into their account on the Chanz Site ) or a new agreement on the Chanz Site - whichever occurs sooner. Modifications may include, for example, changes in the scope of available Commissions, fee schedules, payment procedures, and referral program rules, but are not limited to these. Any amendments, alterations, deletions, interlineations or additions to this Agreement shall be effective immediately upon notice. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. Be sure to review this Agreement periodically to ensure familiarity with its most current version.
12.7. Representation of Chanz
You shall not make any claims, representations, or warranties in connection with Chanz, and You shall have no authority to, and shall not, bind Us to any obligations outside of this Agreement, unless agreed to in writing by Us.
12.8. Notices
For any and all termination notices, delivery via e-mail is considered a written and immediate form of notification. Any notice given or made to Chanz under the terms of this Agreement shall be sent via email to affiliates@chanz.com and marked for the attention of the Affiliate Account Manager (or as otherwise notified by Chanz). Chanz shall send the Affiliate any notices given or made under the terms of this Agreement to the email address in the Affiliates’ account.
12.9. Nothing in this Agreement is intended to or shall operate to create a partnership between the Parties, or to authorize either Party to act as an agent for the other. Neither Party shall have the authority to act in the name or on behalf of the other Party or otherwise to bind the other Party in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
13. 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 websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this Program and becoming bound by the terms of this Agreement, and you are not relying on any representation, guarantee or statement other than as set forth in this Agreement.
IN WITNESS WHEREOF, by having read the terms and conditions, and acknowledging such in the Affiliate sign-up form you agree to all the terms and conditions contained herein.
APPENDIX A - DATA PROTECTION
All terms in this Appendix shall be treated as in the Agreement and applicable Data Protection Laws. Unless otherwise defined herein, capitalized terms and expressions used in this Appendix shall have the following meaning:
“Personal Data” means any information relating to an identified or identifiable natural person (‘Data Subject’) - an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“GDPR” means the EU General Data Protection Regulation 2016/679;
“Data Protection Laws” means the GDPR , the EU Directive 2002/58/EC (the E-Privacy Directive), and, to the extent applicable, the data protection or privacy laws of any other country;
For the execution of the services outlined in this Agreement, it is acknowledged that both Chanz and the Affiliate act as Controllers of personal data independently.
The Affiliate must continually adhere to its responsibilities outlined in Data Protection Laws. The Affiliate also agrees to indemnify Chanz against any breaches of these Data Protection Laws, resulting in Chanz incurring costs, fines, claims, or expenses of any nature.
Non-compliance with the Data Protection Laws will result in immediate termination of this Agreement.
Privacy information regarding the handling of personal data belonging to Affiliates:
As an independent entity responsible for data, we will utilize and manage the following personal information of an Affiliate or any employee affiliated with them, adhering to relevant privacy regulations, as outlined below: your username for login purposes, email address, full name, date of birth, country and address, phone number, Skype name, payment details, revenue and target achievement details, financial and other pertinent data required for legal verifications and checks. Additionally, we refrain from sharing Personal Data of customers for our collaboration under the Agreement, except in limited instances where legal obligations necessitate it. However, you may need to disclose certain information to us (such as customer email addresses) in exceptional cases where you suspect a new customer referred by you under the Agreement is involved in money laundering, fraud, or misuse of remote gaming platforms. This data will primarily be used to facilitate our collaboration with you and to fulfill obligations under the Agreement (including account registration, revenue and necessary payments), as well as to comply with legal requirements such as Anti-Money Laundering and gaming laws. Furthermore, we are obligated to process your data based on our legitimate interests to prevent violations and abuse of our Agreement, ensure security, manage our business relationship, and defend against legal claims. Please be aware that providing this data is essential for establishing and maintaining our collaboration, and refusal to do so will prevent cooperation. We are required to retain your personal data for the duration of our collaboration and afterwards as stipulated by relevant laws, for the purpose of establishing, defending, and/or exercising legal claims.
It should be noted that your data will only be shared among our group of companies (including for purposes such as applying for and enforcing licenses and processing payments) and with third-party recipients who assist us in maintaining our relationship with you. The latter will only be executed by way of entering into due data processing agreements. The list of recipients with whom we may share your personal data includes e.g. providers of database and technical systems for affiliate management, consultants, and other technical service providers. Please note that we process your personal data within the European Economic Area (EEA), and any engagement of third-party vendors or independent contractors outside the EEA will be subject to appropriate safeguards as mandated by the Data Protection Laws, such as e.g. the Standard Contractual Clauses.
In case you are an individual, you have rights regarding your personal data as mandated by the GDPR, including the right to obtain a copy of your data, correct inaccuracies, delete data, object to processing (e.g., unsubscribe from marketing communications), request restriction of processing, transfer data, and not be subject to automated decision-making, including profiling, without meaningful human intervention as outlined in the GDPR.
You have the option to lodge a complaint regarding the processing of your personal data with the relevant regulatory authorities responsible. If the GDPR applies, you may file a complaint with the supervisory authority in your habitual residence, place of work, or the location of the alleged infringement, noting that our Lead Supervisory Authority is the Data Protection Inspectorate in Estonia.
For any inquiries related to data protection, please contact: privacy@chanz.com.
Version 1.6, dated 1 July 2024
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