Terms and Conditions
Chanz Affiliate Program
The Chanz Affiliate Program (the Program) is run by Dreambox Games OÜ (We or Chanz) of Estonia, register code no. 12712036, with its registered seat at Lőőtsa 2a, 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 register as an affiliate by completing the online form made available on the Chanz Site. We will evaluate your application to enroll in the Program and will notify you in writing (email) whether your application was successful or not. We reserve the right to refuse any applications to enroll in the Program in our sole discretion.
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.
1.4. You agree that you will not actively target with Chanz Content any jurisdiction where 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 (the Disreputable Activities).
2.10. The Affiliate will be solely responsible for its marketing activities (including but not limited to distribution, content and lawfulness of the same).
30 % administration fee; included
within the fee is as follows:
· Marketing costs such as deposits, bonuses, free spins, free bets, free money, game tickets
· Charge backs (transactions which are reversed by instruction from the card-holder's bank)
4.3 Should a customer
process a charge back, 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.
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
4.9.We reserve the right to withhold payment from any Affiliate that violates any of the terms and conditions of this Agreement.
If you disagree with the balance due to you as reported, you
shall notify us within 20 days and state the reasons of 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
Cost Per Acquisition Terms
5.3. Should the customer process a charge back, the disputed or charged-back revenue generated by the Affiliate will be forfeited and therefore the CPA amount will not be paid to the Affiliate.
5.4. 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.
Chanz reserves the right to move CPA Affiliates into our revenue share program
by giving the Affiliate a minimum of 15 days notice. Should the Affiliate not
agree with this, the Affiliate may terminate the Agreement as set out in clause
11 of the Agreement.
9.1. Any form of spam (including but not limited to search engine spamming or spamdexing or unsolicited mail) will result in your Affiliate account being placed under review and all funds due being withheld pending an investigation into your actions. You need to be aware that Chanz is are liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should Chanz seek recourse. In this instance the amount determined by Chanz will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as our Affiliate.
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.
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.
10.2. 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.
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.
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.
10.5. 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.
Term & Termination
(a) the Affiliate commits a material breach of its obligations under the Agreement and, in the case of a remediable breach, fails to remedy it within 15 days of the date of receipt of notice
(b) the Affiliate becomes insolvent or unable to pay its debts, proposes a voluntary arrangement, has a receiver, liquidator, administrator or manager appointed over the whole or any part of its business or assets or if any application shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium;
(c) the Affiliate sells its business, or any part herein, and/or registers any change of beneficial ownership;
(d) we determine (in our sole discretion) that the Affiliate has engaged in Disreputable Activities;
(e) we determine (in our sole discretion) that the Affiliate site is unsuitable. Unsuitable sites may include those that are aimed at persons under the legal age for gambling, and in particular at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, contain libelous, obscene, unlawful or otherwise unsuitable content or violate intellectual property rights.
11.3. You may terminate the Agreement with immediate effect by written notice to us if:
(a) Chanz commits a material breach of its obligations under the Agreement and, in the case of a remediable breach, fails to remedy it within 15 days of the date of receipt of notice;
(b) Chanz becomes insolvent or unable to pay its debts, proposes a voluntary arrangement, has a receiver, liquidator, administrator or manager appointed over the whole or any part of its business or assets or if any application shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium.
You must remove the Chanz Content from your site and disable any links from
your site to the Chanz Site;
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, 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.
We make no express or implied warranties or representations with respect to the Chanz Site or the Program or referral fee/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.
12.3. Limitation of Liability
You accept that we will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the 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 referral fees 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 referral fee generated and is limited to direct damages.
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.
Version 2.0, dated 6 January 2017