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The Power of Performance

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Legal Mentions

The hosting of the platform is done by the company Amazon Web Services LLC, P.O. Box 81226 Seattle, WA 98108-1226

Effective Date: 07/24/2012

Thank you for visiting the ChinChillaMedia.com website located at address committed to protecting the privacy your personally identifiable information. We provide this privacy policy ("Privacy Policy") in order to explain our online information practices and the choices you can make about the way your information is used by us. You must agree to this Privacy Policy, in its entirety, including our use of cookies in order to: register an account ("Account") with the ChinChillaMedia.com affiliate network ("Affiliate Network") and log-into your Account as member of the Affiliate Network. Your acceptance of both this Privacy Policy and our use of cookies on the Site shall be deemed a blanket acceptance of such Privacy Policy and cookie usage for all future attempts to log-in and access your Account. If you do not agree to this Privacy Policy in its entirety, you are not authorized to register for an Account on the Affiliate Network.

Privacy Policies Used in Connection with Your Subscription. When you register for an Account on the Affiliate Network, we use a password-protected third party portal to store your personal information, and we may share your personal information with such third party ("Third Party Agent") as is necessary for the performance of your Account and the Affiliate Network.

Personally Identifiable Information. We collect personally identifiable information when you register for an Account or otherwise choose to provide personally identifiable information to us. Personally identifiable information is any information that can be used to identify or locate a particular person or entity. This may include, but is not limited to: business entity name and/or your title with the applicable business entity, as well as your personal and/or business entity related e-mail address, mailing address, daytime and/or cellular telephone numbers, fax number, account information (or other information that we require in order to pay any amounts due to you under the Affiliate Network) and/or any other information requested on the applicable Subscriber registration form. For purposes of this Privacy Policy, your account information shall be considered "Sensitive Information."

Non-Personally Identifiable Information. We may collect certain non-personally identifiable information about you when you visit certain pages of this Site and/or register for an Account on the Affiliate Network, such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows '98 or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink), and share such information with our Third Party Agent. We use the non-personally identifiable information that we collect to improve the design and content of the Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Site usage.

Cookies and Web Beacons. To enhance your experience with the Site, we use "cookies." You cannot register to the Subscription or log-in to the Affiliate Network without agreeing to accept the cookies that we use with the Site. For more specific information on the cookies we use, please see Exhibit A, below. Cookies are small packets of data stored on your computer. Cookies are used by your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information. We use cookies to understand Site usage and to improve the content and offerings on the Site. You may set your browser to warn you that cookies are in use, or to block the use of cookies. Most browsers are set to accept cookies. If your browser is not set to accept cookies, certain uses of the Site may require you to go to your browser user preferences to enable cookies. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. If you change computers, operating systems or browsers, or use multiple computers or browsers, you will need to repeat this process for each computer and each browser. To find out more about cookies, please visit www.cookiecentral.com
We may additionally collect information using Web beacons, which are commonly referred to in the industry as web bugs, pixel tags or Clear GIFs. Web beacons are electronic images that may be used on the Site, in your Account, or in our emails to deliver cookies, count visits and determine if an email has been opened and acted upon.

End User Information. We do not collect personally identifiable information about your end users. However, we do use cookies to track anonymous traffic data about your end users. When end users who visit member affiliate sites click on the advertisement(s) they have chosen to display through their Accounts on the Affiliate Network, we will utilize cookies and/or web beacons to track such end users activities at our merchant site(s). In certain circumstances, we may use cookie-less tracking methods to track such end users.

Use of Information. We use your personally identifiable information: (a) to send you information regarding your Account and the Affiliate Network; (b) to track your compliance with the Terms and Conditions ("Terms and Conditions"); and/or (c) for validation, suppression, content improvement and feedback purposes. You agree that we, or our Third Party Agent, may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your Account on the Affiliate Network.

Information Sharing. As a general rule, and other than in connection with the limited exceptions set forth below, we will not sell, share or rent your personally identifiable information to or with others. Notwithstanding the foregoing, we may, from time to time, provide such information to certain third-party administrative vendors for efficiency purposes in providing administrative or program management services in connection with your Account. Any third-party vendor so used has agreed to protect the confidentiality of information provided by us.
Further, we reserve the right to share your personally identifiable information: (a) where required by law, or requested by a court of competent jurisdiction; (b) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock; (c) where you are in violation of this Privacy Policy, the Terms and Conditions and/or Services Agreement; (d) in the case of a dispute; or (e) where we determine, in our sole discretion, that such disclosure is necessary to protect our rights and/or a third party, or necessary to protect us from liability of any kind. The aforementioned includes exchanging information with other companies and organizations for fraud protection.

International Transfer of Data. As part of your membership in the Affiliate Network, we may transfer information that we collect about you and your end users, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you or your end users are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information and permitting the transfer of information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. You consent to the transfer of your information to the United States and the use and disclosure of information about you and your end users, including personal information, as described in this Privacy Policy.

Data Retention. Subject to any mandatory obligations to delete data, your information may be retained by us and in our Third Party Agent portal, server logs, databases and records indefinitely.

Third Party Links. The Site may contain links to third-party websites ("Third Party Websites"). Please be aware that we are not responsible for the privacy practices of Third Party Websites. We encourage you to be aware when you leave the Site and to read the privacy policies of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Site.

Your Employees. Your acceptance of the terms of this Privacy Policy, in their entirety, shall extend to your employees, if any. You agree that any of your employees that access your Account, or visit the Site under the scope of their employment with you agree to the terms of this Privacy Policy.

Minors. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. We will never knowingly collect any personal information about individuals under eighteen (18) years of age. If we obtain actual knowledge that it we have collected personal information about an individual under eighteen (18) years of age, that information will be immediately deleted from its database.

Security. We endeavor to safeguard and protect our Account holders' information. When Account holders submit personally identifiable information to the Affiliate Network, their personally identifiable information is protected both online and offline. When our registration process asks registrants to submit Sensitive Information (such as bank account information and/or credit card information), and when we transmit such Sensitive Information, that Sensitive Information is encrypted and protected with SSL encryption software. While we use SSL encryption to protect Sensitive Information online, we protect all other user information online and offline. The Third Party Agent servers that we utilize to store personally identifiable information in are kept in a secure physical environment. The Third Party Agent has security measures in place to protect the loss, misuse and alteration of personally identifiable information stored on its servers.
Please be advised that, although we take every reasonable precaution available to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot warrant that your information will be absolutely secure. Any transmission of data at or through our Site is at your own risk. However, access to your personally identifiable information is strictly limited, and not accessible to the public. Only employees, and third party agents, that need the information to perform a specific job are granted access to personally identifiable information. Our employees are dedicated to ensuring the security and privacy of all user information. Employees not adhering to our written firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personally identifiable information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
You acknowledge that you provide your personally identifiable information to us with knowledgeable consent and at your own risk.

Deleting and Updating Your Information. If you would like to delete or update the personally identifiable information that we have collected from you, simply email us at: [email protected]
We will process your request, where possible and subject to the terms and conditions contained herein, within a reasonable period of time after receipt. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.

Opting Out of Receiving E-mail. You may at any time choose to stop receiving emails containing general information regarding ChinChillaMedia.com by following the instructions at the end of each such email or by contacting us at [email protected] Should you be contacted by our Third Party Agent through email, you can follow the instructions at the end of each such email to stop receiving such emails. There may be a short delay of up to several business days while your request is being verified, deployed and processed across our servers. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your Account, as well as to respond to any inquiry or request made by you.

Notification of Changes. We reserve the right to change or update this Privacy Policy at any time by posting a clear and conspicuous notice on the Site explaining that we are changing our Privacy Policy. All Privacy Policy changes will take effect immediately upon their posting on the Site. Please check the Site periodically for any changes. Your continued use of the Site and/or acceptance of our e-mail communications following the posting of changes to this Privacy Policy will constitute your acceptance of any and all changes.

Contact Us. If you have any questions regarding this Privacy Policy, or would like more information on our privacy practices, please contact us at: [email protected]

Exhibit A

More about cookies on club.rmkr.uk

Using club.rmkr.uk requires the use of cookies. If you have do not want to accept the cookies for club.rmkr.uk or from any of our third parties, you won't be able to use our service.

We use a cookie to remember your cookie preferences this has a couple of consequences:

  • If you delete all your cookies you will have to update your preferences with us again.
  • If you use a different device, computer profile or browser you will have to tell us your preferences again.

The cookies used on club.rmkr.uk are based on the International Chamber of Commerce guide for cookie categories:

For more information about cookies see the Further Reading link below.

Strictly Necessary

'Strictly Necessary' cookies let you move around the website and login to your secure account. These cookies don't gather any information about you that could be used for marketing or remembering where you've been on the internet.

We use these Strictly Necessary cookies to...
  • Identify you as being logged in to ChinChillaMedia.com
  • Remember things like information you've entered on forms when you navigate to different pages in a single web browser session
  • Help you use specific features like testing tracking links
  • Make sure you connect to the right service on our website when we make any changes to the way the website works
'Strictly Necessary' cookies will NOT be used to...
  • Gather information that could be used to advertise products or services to you
  • Remember your preferences or username beyond your current visit

Accepting these cookies is a condition of using the website, so if you prevent these cookies we can't guarantee your security or predict how our website will perform during your visit.

Here is a list of the cookies we have defined as 'strictly necessary'.

club.rmkr.uk cookies:

  • PHPSESSID

Cookies provided by 3rd parties:

  • ChinChillaMedia.com does not currently employ any strictly necessary cookies by third parties

Performance

'Performance' cookies collect information about how you use our website e.g. which pages you visit, and if you experience any errors. These cookies don't collect any information that could identify you – all the information collected is anonymous and is only used to help us improve how our website works, understand what interests our users and measure how effective our advertising is.

We use performance cookies to...
  • Provide statistics on how our website is used
  • See how effective our adverts are (we don't use this information to target adverts to you when you visit other websites
  • Provide feedback to partners that one of our visitors also visited their website. This can include details of any products bought. This lets our partners improve their website, but we don't allow our partners to reuse this information for further advertising
  • Help us improve the website by measuring any errors that occur
  • Test different designs of our website
Cookies we have defined as 'Performance' cookies will NOT be used to...
  • Remember your preferences or username beyond your current visit

In some cases, some of these cookies are managed for us by third parties, but we don't allow the third party to use the cookies for any purpose other than those listed above.

Using our site indicates that you accept the use of 'Performance' cookies.

Accepting these cookies is a condition of using the website, so if you prevent them we cannot guarantee how our site will perform for you.

Here is a list of the cookies we have defined as 'Performance'

cookies

  • aff_conversions
  • __utma
  • __utmb
  • __utmc
  • __utmz
  • _pmy_visit
  • _pmy_visitor
  • is_returning

Cookies provided by 3rd parties

  • ChinChillaMedia.com does not currently employ any performance cookies provided by third parties

Functionality

'Functionality' cookies are used to provide services or to remember settings to improve your visit.

We use 'Functionality' cookies to...
  • Remember settings you've applied such as layout, text size, preferences and colours
  • Remember if we've already asked you if you want to fill in a survey
  • Provide proactive live chat sessions to offer you support or submit a trouble ticket
  • Show you when you're logged in to the website
  • Share information with partners to provide a service on our website. The information shared is only to be used to provide the service, product or function and not for any other purpose
Cookies defined as 'Functionality' will not be used to...
  • Target you with adverts on other websites

Some of these cookies are managed for us by third parties - where this is the case we don't allow the third party to use the cookies for any purpose other than those listed above.

You can control whether or not these cookies are used, but preventing them may mean we can't offer you some services, and will reduce the support we can offer you. It's also possible that preventing these cookie stops us remembering that you didn't want a specific service.

Here is a list of the cookies we have defined as 'Functionality'.

  • app_user
  • swidth

Cookies provided by 3rd parties

Cookie

Host

edition

network_id

networkname

networkurl

__lc.serverchat1c

Further Reading

Useful information about cookies can be found at:
  • All about cookies
  • Internet Advertising Bureau - A guide to behavioral advertising and online privacy has been produced by the internet advertising industry which can be found at:
  • International Chamber of Commerce United Kingdom - Information on the icc (uk) uk cookie guide can be found on the icc website section:

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This Affiliate Program Operating Agreement (the "Agreement") is made and entered into by and between ChinChillaMedia.com, and you, ("you" or "Affiliate") the party submitting an application to become a ChinChillaMedia.com affiliate). The terms and conditions contained in this Agreement apply to your participation with [email protected] ("Affiliate Program"). Each Affiliate Program offer (an "Offer") may be for any offering by ChinChillaMedia.com or a third party (each such third party a "Client") and may link to a specific web site for that particular Offer ("Program Web Site"). Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.

  1. Enrollment in the Affiliate Program

    You must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.

  2. Obligations of the Parties

    Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, ChinChillaMedia.com agrees as follows:

    1. We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.

    2. We will pay Affiliate for each Qualified Action (the "Commission"). A "Qualified Action" means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by ChinChillaMedia.com and (v) is not later determined by ChinChillaMedia.com to be fraudulent, incomplete, unqualified or a duplicate.

    3. We will pay you any Commissions earned monthly, provided that your account is currently greater than 50EUR for non bank transfer payment requests and 200EUR for bank transfer payment requests. . Accounts with a unqualified balance will roll over to the next month, and will continue to roll over monthly until the payment level is reached. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.

    4. Payment for Commissions is dependent upon Clients providing such funds to ChinChillaMedia.com, and therefore, you agree that ChinChillaMedia.com shall only be liable to you for Commissions to the extent that ChinChillaMedia.com has received such funds from the Clients. You hereby release ChinChillaMedia.com from any claim for Commissions if ChinChillaMedia.com has not received such funds from the Clients.

    5. ChinChillaMedia.com shall automatically generate an invoice on behalf of Affiliate for all Commissions payable under this Agreement and shall remit payment to Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by ChinChillaMedia.com in its sole discretion. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to ChinChillaMedia.com in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice. In the event that Affiliate is also tracking Qualified Actions and Affiliate claims a discrepancy, Affiliate must provide ChinChillaMedia.com with Affiliate's reports within three (3) days after 30th day of the calendar month, and if ChinChillaMedia.com and Affiliate's reported statistics vary by more than 10% and ChinChillaMedia.com reasonably determines that Affiliate has used generally accepted industry methods to track Qualified Actions, then ChinChillaMedia.com and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then ChinChillaMedia.com numbers shall govern.

    6. If Affiliate has an outstanding balance due to ChinChillaMedia.com under this Agreement or any other agreement between the Affiliate and ChinChillaMedia.com, whether or not related to the Affiliate Program, Affiliate agrees that ChinChillaMedia.com may offset any such amounts due to ChinChillaMedia.com from amounts payable to Affiliate under this Agreement.

    Affiliate also agrees to:

    1. Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.

    2. Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that ChinChillaMedia.com informs you that it considers objectionable (collectively, "Objectionable Content").

    3. Not make any representations, warranties or other statements concerning ChinChillaMedia.com or Client or any of their respective products or services, except as expressly authorized herein.

    4. Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by ChinChillaMedia.com or Clients or a part of the Program Web Site, without prior written permission from us.

    5. Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.

    6. Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.

    7. Always prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Affiliate Program and the provision of such personally identifiable information to ChinChillaMedia.com and Clients for use as intended by ChinChillaMedia.com and Clients.

    8. Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by ChinChillaMedia.com or Client, or as required by applicable laws regarding such Offers.

    9. Make sure to not place ChinChillaMedia.com ads on any online auction platform (i.e. eBay, Amazon, etc).

    The following additional program-specific terms shall apply to any promotional programs set forth below:

    1. Email Campaigns. For all email campaigns, Affiliate must download the "Suppression List" from the Offers section of ChinChillaMedia.com. Affiliate shall filter its email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on its email list. ChinChillaMedia.com will provide an opt-out method in all Links, however, if any opt-out requests come directly to Affiliate, Affiliate shall immediately forward them to ChinChillaMedia.com at [email protected] Affiliate's emails containing the Links may not include any content other than the Links, except as required by applicable law.

      1. Affiliate agrees that failure to download the Suppression List and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or part of the Affiliate Program, possible legal action and any other rights or remedies available to ChinChillaMedia.com pursuant to this Agreement or otherwise. Affiliate further agrees that it will not mail or market to any suppression files generated through the ChinChillaMedia.com network, and that doing so may result in Commission withholdings, removal or suspension from the Affiliate Program, possible legal action and any other rights or remedies available to ChinChillaMedia.com pursuant to this Agreement or otherwise.

    2. Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by ChinChillaMedia.com in writing. Any pop-ups/unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall only have been installed on an end-user's computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.

    3. Affiliate Network Campaigns. For all Affiliate's that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate network (the "Network") for access and use by those affiliates in Affiliate's Network (each a "Third Party Affiliate"). Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any way. Affiliate agrees to maintain its Network according to the highest industry standards. Affiliate shall not permit any party to be a Third Party Affiliate whose web site or business model involves content containing Objectionable Content. All Third Party Affiliates must be in good standing with Affiliate. Affiliate must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links, Affiliate shall promptly disclose to ChinChillaMedia.com the identity and contact information for such Third Party Affiliate. Affiliate shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate their access to future Offers of ChinChillaMedia.com in the Network upon written notice from ChinChillaMedia.com. Unless ChinChillaMedia.com has been provided with all truthful and complete contact information for a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this Agreement as recorded by ChinChillaMedia.com, Affiliate shall remain liable for all acts or omissions of any Third Party Affiliate.

  3. Confidentiality

    Except as otherwise provided in this Agreement or with the consent of ChinChillaMedia.com, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.

  4. Limited License & Intellectual Property

    We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Web Site.

    You may not alter, modify, manipulate or create derivative works of the Links or any ChinChillaMedia.com graphics, creative, copy or other materials owned by, or licensed to, ChinChillaMedia.com in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of ChinChillaMedia.com's trademarks, service marks, copyrights, patents or trade secrets. You agree that ChinChillaMedia.com may use any suggestion, comment or recommendation you choose to provide to ChinChillaMedia.com without compensation. All rights not expressly granted in this Agreement are reserved by ChinChillaMedia.com.

  5. Termination

    This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all ChinChillaMedia.com or Client intellectual property, and will cease representing yourself as a ChinChillaMedia.com or Client affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.

  6. Remedies

    In addition to any other rights and remedies available to us under this Agreement ChinChillaMedia.com reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) ChinChillaMedia.com determines that you have violated this Agreement, (ii) ChinChillaMedia.com receives any complaints about your participation in the Affiliate Program which ChinChillaMedia.com reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, ChinChillaMedia.com reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.

  7. Anti-Spam Policy

    You must strictly comply with the federal CAN-SPAM Act of 2003 (the "Act"). All emails sent in connection with the Affiliate Program must include the appropriate party's opt-out link. From time to time, we may request - prior to your sending emails containing linking or referencing the Affiliate Program that you submit the final version of your email to ChinChillaMedia.com for approval by sending it to your ChinChillaMedia.com representative and upon receiving written approval from ChinChillaMedia.com of your email the email may be transmitted to third parties.

    It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon ChinChillaMedia.com's approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon ChinChillaMedia.com's approval.

  8. Fraud

    You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. ChinChillaMedia.com shall make all determinations about fraudulent activity in its sole discretion.

  9. Representations and Warranties

    You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, ChinChillaMedia.com represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to ChinChillaMedia.com's own business operations or ChinChillaMedia.com's proprietary products or services.

  10. Modifications

    In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, ChinChillaMedia.com may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from ChinChillaMedia.com to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.

  11. Independent Investigation

    You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.

  12. Mutual Indemnification

    Affiliate hereby agrees to indemnify, defend and hold harmless ChinChillaMedia.com and Clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links, Offers or ChinChillaMedia.com or Client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).

    ChinChillaMedia.com hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on a claim that ChinChillaMedia.com is not authorized to provide you with the Links.

  13. Disclaimers

    THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE "AS IS". EXCEPT AS EXPRESSLY SET FORTH HEREIN, CHINCHILLAMEDIA.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CHINCHILLAMEDIA.COM DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE'S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. CHINCHILLAMEDIA.COM EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. CHINCHILLAMEDIA.COM DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.

  14. Limitation of Liability

    IN NO EVENT SHALL CHINCHILLAMEDIA.COM BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF CHINCHILLAMEDIA.COM. IN NO EVENT WILL CHINCHILLAMEDIA.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CHINCHILLAMEDIA.COM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CHINCHILLAMEDIA.COM'S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY CHINCHILLAMEDIA.COM IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.

  15. Governing Law & Miscellaneous

    Affiliate shall be responsible for the payment of all attorneys fees and expenses incurred by ChinChillaMedia.com to enforce the terms of this Agreement. This Agreement contains the entire agreement between ChinChillaMedia.com and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that ChinChillaMedia.com shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether ChinChillaMedia.com "clicks through" or otherwise indicates its acceptance thereof. Affiliate may not assign all or any part of this Agreement without ChinChillaMedia.com's prior written consent. ChinChillaMedia.com may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions of Section 3, 4(b), 6, 7, 8, 12-15 and any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.

    By submitting and application to Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. This Agreement was last revised on 03-29-2017