Referral program terms

The NotiChess referral program lets a partner (club, association, influencer, creator or business introducer) promote the software to their audience using a personal code, and earn a commission. These terms describe how the program works; each partnership is formalised by an individual contract that sets its commercial parameters.

1. Purpose and scope

The referral program (the “Program”) is offered by NotiPro, a French SAS with share capital of €3,000, registered with the Pau Trade and Companies Register under number 942 075 615, publisher of the “NotiChess” software (the “Publisher”).

The Program is aimed at chess clubs and associations as well as influencers, ambassadors, content creators and business introducers (the “Partner”). It entails no purchase obligation, no cash advance and no volume commitment. Joining the Program and formalising it by contract constitutes acceptance of these terms.

2. Definitions

In these terms:

• Publisher: NotiPro, publisher of the “NotiChess” brand.
• Partner: the club, association, influencer or business introducer enrolled in the Program.
• Partner code: the unique, personal and non-transferable code assigned to the Partner, entered by the referral at payment.
• Referral: the person who takes out a paid subscription using the Partner’s code.
• Commission: the amount owed to the Partner for the subscriptions of subscribed referrals.
• Commission period: the duration, agreed in the contract, during which the commission is due for each referral.
• Clawback: the cancellation of a commission in the event of a refund, non-payment or dispute.

3. Eligibility and enrolment

Enrolment is subject to approval by the Publisher and formalised by a partnership contract. The Partner provides the information needed to identify them and to pay commissions, and keeps it up to date.

For a club or association, the commission is paid to the organisation; for an influencer, it is paid to the Partner. The Partner must have the legal status required to lawfully receive commissions.

4. Attribution by code

A unique, personal and non-transferable code is assigned to the Partner, who shares it freely with their audience (social networks, website, videos, newsletters, word of mouth).

Attribution requires the referral to enter the code when subscribing in the software; otherwise, no commission is due. Attribution is by code, with no tracking link or cookie, and works offline too. A subscription can be attached to only one code.

5. Commission rate and calculation

The Partner earns a commission on the amount actually collected by the Publisher for each subscribed referral, net of taxes and after deduction of payment fees, on the monthly and yearly plans. The commission rate and period are set in the partnership contract.

The commission is due only during the agreed commission period; beyond it, no commission is due for that referral, even if their subscription continues. Any figures given are purely illustrative and do not constitute a guarantee of earnings.

6. Exclusions

The following are excluded from the commission calculation:

• the lifetime license (“Lifetime”);
• payments after the agreed commission period;
• subscriptions resulting from self-referral or fraud;
• taxes, refunds and any discounts.

7. Referral benefit

A referral who subscribes using a partner code gets one extra month of trial (two months in total instead of one), with no commitment and cancellable at any time. This benefit takes the form of additional trial time, gives no right to any cash discount and cannot be combined with other offers, unless expressly agreed by the Publisher.

8. Commission payment

Commissions are calculated automatically from the payments actually collected and paid monthly, with no minimum amount.

Payment is made via Stripe, using “Stripe Express” connected accounts (Stripe Connect). The Partner completes a secure onboarding hosted by Stripe, providing the required identification details and the payout IBAN. Identity verification, processing and payment are handled by Stripe, a third-party provider, under its own terms. Failure to complete the Stripe onboarding may suspend payments until resolved.

A breakdown of attributed subscriptions and corresponding commissions is made available on request; the Partner may dispute a statement within thirty (30) days.

9. Adjustments and clawback

No commission is definitively earned until the corresponding payment has become final. In the event of a refund, cancellation during the trial, non-payment, chargeback or fraud, the corresponding commission is cancelled and, if already paid, deducted from later payments or refunded. The Publisher may suspend a commission reasonably suspected of being fraudulent while it carries out checks.

10. Tax and social security

Each party is responsible for its own tax and social security obligations. The Partner declares that it has the status required to lawfully receive commissions and handles its obligations, in particular regarding VAT depending on whether it is subject to it. For a club or association, the commission is income of the organisation.

11. Partner obligations

The Partner undertakes to:

• promote the software fairly, without misrepresenting its features or making promises that are not the Publisher’s;
• use only the code assigned to it and refrain from any fraudulent or misleading practice (self-referral, fake reviews, fictitious purchases, misleading claims);
• comply with applicable regulations (advertising, commercial influence, marketing, data protection);
• not present itself as an agent, employee, reseller or representative of the Publisher.

12. Transparency of communications

The Partner clearly and unambiguously discloses the commercial nature of its communications about the software, in accordance with French law no. 2023-451 of 9 June 2023 on commercial influence and with the Consumer Code, including, where the law requires, a label such as “advertisement” or “paid partnership”. Where relevant, it informs its audience of the benefit granted to referrals and of the fact that it earns a commission.

13. Non-exclusivity and non-compete

The Program is non-exclusive: the Publisher remains free to enter into similar partnerships. The Partner remains free to enter into other partnerships, except for any solution that competes, directly or indirectly, with NotiChess: for the duration of the contract, it undertakes not to promote or recommend a competing solution. A single referral can be attached to only one code.

14. Intellectual property and brand

The software and the “NotiChess” brand remain the exclusive property of the Publisher; these terms transfer no intellectual property. The Publisher grants the Partner, for the duration of the partnership and solely for promotion purposes, a non-exclusive and non-transferable right to use the brand and the materials it provides or approves. This right ends when the partnership ends.

15. Personal data

The data required to run the Program is processed in accordance with the Publisher’s privacy policy. Program management and referral attribution are handled in-house; payments go through Stripe, which collects and stores bank details and carries out identity verification. Each party acts as an independent controller for its own processing.

16. Confidentiality

Each party keeps confidential the non-public information exchanged in connection with the partnership (in particular commission statements and commercial data), for the duration of the partnership and two (2) years after it ends.

17. Liability

Each party is liable for direct damage caused by a breach of its obligations. The Publisher is not liable for indirect damage (loss of opportunity, loss of data, reputational harm, loss of profit) and does not guarantee any volume of subscriptions or any commission amount. The Publisher’s liability is limited as set out in the partnership contract.

18. Term, changes and termination

The partnership runs for one year, renewable by tacit renewal, unless terminated on thirty (30) days’ notice. Commissions duly earned remain due, within the limit of the commission period. Any change to the contract is made by amendment.

In the event of a serious breach not remedied after formal notice, either party may terminate as of right. Fraud, misuse of the code, breach of the non-compete or transparency obligations, and harm to the Publisher’s image constitute serious breaches.

19. Governing law and disputes

These terms are governed by French law. In the event of a dispute, the parties seek an amicable solution; failing agreement within thirty (30) days, the dispute falls under the courts within the jurisdiction of the Pau Court of Appeal.

20. Contact

NotiPro (NotiChess) — a French SAS with share capital of €3,000, Pau Trade and Companies Register 942 075 615, 2 avenue du président Pierre Angot, 64000 Pau, France. For any question about the Program: contact@notichess.com.