This CHAOS SOFTWARE, INC., a company organized under the laws of the USA, with office address at 80 Pine Street, Floor 24, New York, NY 10005-1732 („Chaos“, “We” or otherwise using equivalent reference) Affiliate Program (hereinafter referred to as the “Policy”, “Program”, “Terms” or otherwise using equivalent reference) is in addition to any and all terms and conditions of the CJ.com - Website Terms and Conditions, which the parties hereby accept by reference. CJ.com - Website Terms and Conditions may be found on https://www.avangatenetwork.com/legal/terms.php
IF YOU (THE “AFFILIATE”) FAIL TO COMPLY WITH THE FOLLOWING RESTRICTIONS, AT OUR SOLE DISCRETION, YOU WILL FORFEIT COMMISSIONS OTHERWISE EARNED DURING ANY PERIOD OF NON-COMPLIANCE AND WE MAY, AT OUR SOLE DISCRETION TERMINATE THIS AGREEMENT WITH IMMEDIATE EFFECT.
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY CHAOS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, CHAOS will make a new copy of the Terms and Conditions available at the CHAOS website. CHAOS will request that you assent to the updated terms, provided that if you do not assent to the updated terms, then you may decline and your participation in the CHAOS Affiliate Program will terminate immediately. Otherwise, your continued active participation in the CHAOS Affiliate Program constitutes your acceptance of such change(s).
We manually review and approve each application. Before you (“You” or “Affiliate”) apply, make sure your website content is relevant to our products. Chaos is open to working with all websites that comply with our terms and conditions, however, computer graphics, 3D art & design specific websites tend to perform best. Please be aware that incentive sites cannot promote Chaos, including vouchers, coupons, discount codes, or enter users in any type of competition or prize draw. Any Affiliate that fails to comply with these outlines will see their relationship terminated immediately and any commission earned reversed.
We do NOT accept:
COOKIE LIFE: 60 days
Prohibited Website Domain Keywords
The Affiliate shall not (directly or indirectly) register, acquire or obtain Internet domain name(s) which incorporates any word or words which are identical, or confusingly or substantially similar to "Chaos", "Chaos Group", ”Chaos Cloud”, “V-Ray”, ”Phoenix FD”, “VRscans”, or any variations, translations or misspellings thereof, included as part of the address. In the event that the Affiliate has or uses a (domain or application) name (confusingly) similar to the chaos.com Brands (the "Similar Name") for the Affiliate Platform(s), the following applies. The Affiliate shall not, directly or indirectly: (a) bid on or purchase internet placement rights for the Similar Name or any part or similarities thereof in any manner in any of its advertising or marketing. (b) drive traffic to the Similar Name through the use of translation or misspelling variants of the (domain/app) name, whether done through the use of metadata (tags, titles, descriptions) or keyword bidding.
Landing Pages
- The Chaos website cannot be framed by an Affiliate or Affiliate landing page using iframes, NO use of toolbars, browser applications and/or extensions that can be knowingly or unknowingly installed on the user’s computer or other devices, or any other kind of similar technique;
- Affiliates need to make sure that the look & feel differ from the actual website of Chaos;
- Affiliates need to display their own logo and contact information.
The Affiliate agrees and warrants that it shall not conduct, undertake, use, perform: 1. any activity to unfairly influence the results of Third Party Platforms, or 2. any other form of online targeted advertising (whether directly, indirectly, or via or through Third Party Platforms) in respect of: (i) the Chaos.com Platform; (ii) the Chaos.com Data; (iii) the Chaos.com Brands; (iv) associated 3D rendering brands (unless the owner of such 3D rendering brands has given its prior written consent to the Affiliate for the use of that specific 3D rendering brands)
Special Instructions for Search and Display Marketing
The Affiliate shall avoid all forms of trickery when promoting and marketing the Chaos.com Platform. If the Affiliate is perceived to be jeopardizing Chaos.com’s own position, brand or goodwill in/on Third Party Platform or elsewhere, through any underhand promotional or marketing techniques, the Affiliate shall upon first request of Chaos.com cease and desist such activities. If Chaos.com (Platform) is detrimentally linked to promotional or marketing activity by the Affiliate (Platform), the Affiliate agrees to promptly comply with reasonable requests of Chaos.com to remedy. During any remedial period Chaos.com shall be entitled to postpone its obligations or immediately terminate its Policy. Ad hijacking of Chaos.com’s PPC ads or direct linking to Chaos.com is strictly prohibited, any Affiliate who is conducting this activity will be immediately blacklisted and all commissions reversed. All Affiliates must provide content that is of value and beneficial to the customer and shouldn’t use PPC as a redirect. Affiliates should refrain from creating PPC ads that either contain the Chaos.com URL and should not click through to the Chaos.com ad or redirect to Chaos.com.
These below represent the keywords that Affiliates are prohibited from outranking Chaos in their search marketing campaigns:
a) “Chaos” used as single Keyword. An exact match of Chaos has to be added as a negative keyword to all Your paid search campaigns;
b) Use of the “Chaos” & “Chaos Group”, vray, v-ray, chaos group, chaos, phoenix fd, vrscans, chaos cloud, etc., our top performing brand phrases + generic terms or other similar denominators is prohibited;
c) Use of any variations, typos of brand names, or misspellings variations of the above keywords is prohibited;
d) Affiliate shall not use the Chaos’s Trademarks in any online search engine marketing campaigns, without Chaos written approval;
e) Affiliate can’t bid on Chaos name or phrases including Chaos Trademark. The bidding on non-branded keywords shall be done only after obtaining permission from the Chaos team;
f) “Original” or “Official” cannot appear in any ad titles or descriptions.
NOTE:
а) Using the above protected keywords or Chaos brand term in the sub folder of the display URL (e.g. www.affiliate.com/Chaos) is not allowed if Chaos is used as a compound word. Furthermore, using the above protected keywords or the Chaos brand term is not permitted for use in path1 or path2 of the display URL.
b) Using the above protected keywords or the Chaos brand term in the subdomain of the display URL (e.g. www.Chaos.affiliate.com) is not allowed if Chaos is used as a compound word.
c) Using the above protected keywords or the Chaos brand, or misspelling of any sort (including typos), in the display URL (e.g. www.Chaos.org or www.Chaos.com) is not allowed.
d) Negative matching for the above Chaos protected keywords is required from You.
e) CHAOS ads must never be placed in a surrounding of violence, pornography or other disturbing or unethical content of any kind.
- Affiliates are not allowed to create new Social Media Channels related to the Chaos brand and they are encouraged to redirect their clients via the official Social Media Channels of Chaos, including but not limited to,
(https://www.facebook.com/chaosgroup;
https://www.twitter.com/chaosgroup;
https://www.linkedin.com/company/chaos-group;
https://www.youtube.com/chaosgrouptv;
https://www.instagram.com/chaosgroup).
Please be aware that Chaos.com do not provide voucher codes to customers. Any Affiliate that is found to be listing vouchers offering a discount from Chaos.com will have their commission reversed for those transactions, and will be removed from the Program.
Promotion via sub-affiliates is permitted under the following general guidelines:
a) You, as an affiliate, are required to maintain full transparency regarding the origin of traffic generated by your sub-affiliates;
b) Sub-affiliate networks must ensure that all sub-affiliates promoting the Affiliate Program adhere to these Terms. This includes adhering to restrictions on advertising through toolbars, browser extensions, trademark bidding, mobile gaming/rewards, digital currency, incentive sub-publishers, syndicating our ads through other networks, and any paid placements such as pay-per-click campaigns.
c) Sub-affiliate networks are prohibited from engaging coupon or loyalty sub-affiliates to promote the Affiliate Program.
d) The failure of a sub-affiliate network to comply with these Terms may result in a loss and/or reduction of Commission and/or immediate termination of participation in the Affiliate program.
a) Disregarding this Policy will be documented by the Digital Marketing Team of Chaos
b) Violation of these rules result finally in Cancelation of all relevant transactions and termination of partnerships with Chaos.
a) Fraudulent affiliate sales refer to any activity where an affiliate or sub-affiliate engages in deceptive or illegitimate practices to generate sales or leads in the Affiliate Program. This includes, but is not limited to, actions such as using fake or stolen payment information, engaging in cookie stuffing (where cookies are placed on a user's computer without their knowledge), creating fictitious leads or sales, engaging in click fraud to artificially inflate click numbers or conversion rates, or any other activity that violates ethical or legal standards.
b) Chaos has a zero-tolerance policy towards affiliate fraud. Any affiliate found to be engaging in fraudulent activities will not receive Commission for such actions, and their affiliate status will be suspended or terminated immediately. Additionally, Chaos reserves the right to report such fraudulent activities to the appropriate authorities for further investigation and legal action if necessary.
a) CJ, as an intermediary, collects and tracks all click-throughs. Upon conversion, CJ will pay any Commission due to you as specified by Chaos in the CJ platform.
b) The amount of Commission due to you will depend on the commission percentage agreed.
c) Commission is paid for the activation of a valid subscription.
d) Currency. Any Commission will be processed in USD. Currency exchanges will occur when you have set a different default currency in your account settings.
e) Refunded, Disputed, and Chargebacked Sales:
i. In the event of a refunded, disputed, or chargebacked sale, the corresponding Commission for that sale will be canceled under the Affiliate Program. This policy applies to any sales that are later refunded to customers, disputed by the customers with their payment providers, or subject to chargebacks.
ii. Chaos maintains a very low refund rate. However, in the rare event of a refund, dispute, or chargeback, the associated Commission will be reversed.
Use of Creative
It is strictly forbidden to make any alteration to the banner creative provided on the Program as well as the codes provided for the widgets. Affiliates must only use the creatives and widgets provided by the Chaos program and are not allowed to create their own. Should an affiliate require a customised design, new text link or different banner size, the request must be sent to the Chaos team at marketing@chaos.com for approval. Affiliates are also requested not to hardcode banners into their sites. If your site requires banners to be hardcoded, please contact the Chaos team to obtain permission before putting this in place. This will allow us to contact you whenever updates are necessary.
Notice Period
Either party can terminate this Policy for any reason at any time. Provisions which by their nature should survive termination, will survive termination.
Changes to these Terms
a) These Terms can be amended or canceled at any time. If any changes to these Terms are made, we will use reasonable endeavors to make a new copy of the relevant terms and conditions available to you on this website or by email.
b) You understand and agree that if you continue to participate in the Affiliate Program after the date on which the Terms have changed, you are deemed to have affirmatively accepted the new terms and conditions and are bound by those terms and conditions
c) If you do not wish to continue to participate in the Affiliate Program following such changes, your only remedy is to terminate your participation in the Affiliate Program immediately by stopping and removing any tracking links and promotional materials relating to Chaos and the Affiliate Program, and to terminate your participation in writing (including email) to us.
Confidentiality
The parties agree that the terms of this Policy, any and all information revealed to the other in connection with this Policy, whether or not in writing, shall be kept confidential.
Indemnity and Liability
Affiliate will indemnify and hold Chaos and its successors and assigns, harmless from any and all third-party liability, claims, demands, loss, and damage (including reasonable legal fees and court costs) arising out of (i) a breach of this Policy or tort, and/or (ii) infringement of any intellectual property or proprietary right of another and/or (iii) breach of any confidentiality arrangement.
CHAOS SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF SUCH PARTY OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CHAOS shall be liable in accordance with the statutory provisions for damages and reimbursement of expenses which were caused by intentional misconduct or gross negligence of CHAOS’s legal representatives or management employees, for fraudulently non-disclosed defects, for personal damages, for initial impossibility insofar as CHAOS had known or should have known of the initial impossibility at the time of the conclusion of the contract. CHAOS shall be liable for damages and reimbursement of expenses in the amount of the typical and foreseeable losses resulting from negligent violations of CHAOS’s essential contractual obligations or fundamental obligations and for damages caused by CHAOS’s employees as a result of gross negligence or intention without violating essential contractual provisions or fundamental obligations. As used herein, ”fundamental obligations” shall mean such obligations the fulfillment of which is a prerequisite for the transaction of this agreement and which are trusted to be complied with by you or on the fulfillment of which you may regularly trust. Otherwise, any liability of CHAOS shall be excluded.
Miscellaneous
This Policy, and any and all terms and conditions referred to herein, constitutes the entire agreement between the parties concerning the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
This Policy does not constitute and shall not be construed as constituting a partnership or joint venture between Chaos and affiliate.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors, and administrators, as the case may be.
This Policy will be governed by and construed in accordance with the laws of the state of New York, USA. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the courts of the state of New York, USA, in any litigation arising out of the P
Last updated: November 1, 2024
