Terms and Conditions

This Affiliate Agreement (the “Agreement”) contains all the terms and conditions for participation in the Banglawin Affiliate Program. “You” or “affiliate” refers to the person, organization, or business registering as an affiliate, including any associated employees, officers, directors, shareholders, owners, controlling parties, and affiliated individuals or entities.

You must read and fully understand this Agreement. By applying for and participating in the Banglawin Affiliate Program, you agree to the terms and conditions set forth in this document. If you do not agree with the terms and conditions outlined in this Agreement, please refrain from submitting your application or participating in the program

This Agreement overrides all previous terms and conditions related to the Affiliate Program or any earlier affiliate programs offered by Banglawin. You acknowledge that any prior agreements or terms with Banglawin or any Group Company are replaced by the terms of this Agreement.

I. DEFINITIONS AND INTERPRETATION

A. Under this Agreement, “Affiliate Payment” refers to the amount of money you are entitled to receive for referring customers to the websites

• 1.Your “Affiliate Site” refers to the website(s) whose URLs you provided to Banglawin in your application, or any URLs you have subsequently updated and notified Banglawin about.
• 2. Your intention to join the Affiliate Program is referred to as an “application.”
• 3. The Registration Date” is the day Banglawin confirms the acceptance of your application to join the Affiliate Program.
• 4. Banglawin and/or the owner and operator of the Site(s), as applicable, are collectively referred to as the “Company.”
• 5. “Confidential Information” refers to any information, in any form, about a party (and any Group Company in the case of Banglawin) that is shared with the other party (the “Receiving Party”), either directly or indirectly. This includes any customer or personal information disclosed by the Disclosing Party’s employees, professional advisers, or contractors, both before and after the Registration Date.
• 6.”Players” are individuals who click on the links on your affiliate site to visit the site(s) and create an account with Banglawin, the company, or a group company for the first time.
• 7. “Good Industry Practice” refers to the level of expertise, diligence, prudence, and insight that a knowledgeable and experienced contractor would reasonably demonstrate while acting in good faith.
• 8. “Group Companies” refers to the Company and any other corporation that, at any point, serves as a holding company, subsidiary, or subsidiary of a holding company of the Company. This also includes any business in which a Group Company owns at least 53% of the shares.
• 9. Your spouse, partner, parent, kid, or sibling are considered “immediate family”;
• 10. The term “IPR” encompasses patents, trademarks, service marks, design rights, trade, business, or domain names, associated goodwill, email address names, copyrights (including rights in the source and object code of computer software), database rights, invention rights, web-formatting scripts (such as HTML and XML scripts), know-how, trade secrets, and other intellectual property rights that exist now or may arise in the future worldwide. It also includes the right to initiate legal action and claim damages for past infringements, as well as all rights of reversion.
• 11. “Links” are hypertext links that, under this Agreement, connect to the Site or Sites (either as text links or banners);
• 12. The term “Parties” describes the parties to this agreement;
• 13. The Banglawin Affiliate Program is officially referred to as the “Program”;
• 14.”Sites” refers to www.banglawin88.net and its associated domains and URLs.

B. Unless otherwise indicated by the context, under this Agreement:

• 1. Clause headers are merely for convenience and have no bearing on how this Agreement is interpreted;
• 2. Phrases like “including,” “include,” “in particular,” and similar terms are used for illustration purposes only and do not limit the meaning of the words that come before them.
• 3. The plural form is included in the singular form, and vice versa.
• 4. When a statute or statutory provision is mentioned, it includes not only that statute or provision but also any orders, rules, instruments, or other subordinate legislation created in accordance with the applicable statute.

II. RESTRICTED LICENSE

A. For the term of this Agreement, you are granted a personal, non-exclusive, non-transferable limited license to use our trademarks, which we have licensed from their owner, solely for the purpose of displaying the Links on your Affiliate Site.
B. As long as you follow the terms and restrictions outlined here, you are permitted to refer Customers to our Sites in a non-exclusive manner under this Agreement. We reserve the right to collaborate with other parties for services comparable to yours at any time, and you do not have an exclusive right or privilege for referrals under this Agreement. Referral fees and payment for business acquired through people or organizations other than yourself will not be given to you.
C. This license cannot be transferred, assigned, or sublicensed. You are only permitted to use the trademarks in accordance with this banner use license. You must refrain from contesting the trademarks’ ownership, enforceability, or validity in any court of law. You must also refrain from taking any activities that would reduce the value of our or our licensor’s rights to the trademarks, render them generic, or lessen the goodwill that goes along with them.
D. It is prohibited to purchase a domain name that contains any of our intellectual property or trademarks. Furthermore, it is forbidden to use any of our intellectual property or trademarks for search engine optimization, website design, or aesthetics.
E. We reserve the right to cancel this license at any time, and it shall be considered revoked upon termination of this Agreement for any reason.
F. Additionally, to clear up any doubt, you are not allowed to do any of the following:

• 1. Display the links outside of the affiliate website;
• 2. It is forbidden to disclose information from the Links via any electronically accessible platform other than the Affiliate Site without Banglawin’s express written approval;
• 3. Do anything that would give the impression that a customer has clicked on the links to create an account, such as “cookie stuffing” or any other dishonest tactics.
• 4. Take advantage of the Links in a way that could endanger Banglawin; and/or
• 5. Use the Code or Links in any “pop-up” or “pop-under” ads without Banglawin prior written approval.

III. YOUR RESPONSIBILITIES

A. You guarantee and commit to:

• 1. You are fully capable of entering into this agreement and any other connected documents that you sign.
• 2. You promise to always behave in accordance with Good Industry Practice, using the proper expertise, caution, and diligence.
• 3. You agree to abide by Banglawin’s rules and regulations as they may be explained to you or brought to your notice from time to time.
• 4. You affirm that all the information provided to Banglawin in your application is precise and accurate, and you agree to promptly inform Banglawin of any changes to your information.
• 5. Links must not be placed on any section of your affiliate site that targets inhabitants of Excluded Territories or people under the age of eighteen, as specified in the sites’ terms and conditions;
• 6. Offering financial compensation or any other form of inducement to anyone in order to utilize the Links, whether directly or indirectly, is prohibited;
• 7. You attest that you have acquired all the licenses, permits, and authorizations needed to carry out your responsibilities under this Agreement, and you ensure that your acts comply with all relevant laws and regulations;
• 8. You will refrain from contesting any intellectual property rights owned by Banglawin or its Group Company, as well as from initiating legal action against them for trademarks or domain names that are confusingly similar. This includes registering keywords or domain names that contain terminology that are similar to or exact replicas of Banglawin’s trademarks.
• 9. Any content that is threatening, violent, pornographic, illegal, vulgar, racially, ethnically, or otherwise discriminatory cannot be hosted on your affiliate site. It must also not infringe upon the rights of other parties or include links to such content.
• 10. It is your duty to ensure that the players you suggest abide by the rules and regulations of the site or sites. Players who register an account with Banglawin or a Group Company should not be encouraged or assisted to violate any terms and conditions they agreed to.

B. You consent to:

• 1. You and your immediate family are not permitted to become customers, and you will not be compensated for your immediate family under this agreement.
• 2. You consent to help Banglawin monitor your activities, and we have the right to keep an eye on your Affiliate Site to make sure this Agreement is being followed.
• 3. Any applicable rules or regulations pertaining to e-commerce do not apply to the terms of this agreement.
• 4. Only after receiving written consent from Banglawin may you display content on your Affiliate Site that is pertinent to your role as an affiliate under this Agreement. If, in its sole opinion, any content is found to be inappropriate, Banglawin retains the right to immediately terminate this agreement.
• 5. Your Affiliate Site’s creation, management, and upkeep, along with any content it displays, will be entirely your responsibility and cost. Since we have no authority over your affiliate site, we disclaim all responsibility for these elements. You also promise to hold us harmless from any claims, losses, and expenses (including legal fees) arising from the creation, management, upkeep, and content of your affiliate site. This indemnity agreement has no bearing on our ability to bring a separate lawsuit or make claims against you in accordance with the law.

C. AFFILIATION GUIDELINES:

• 1.The Sites must be promoted exclusively using authorized and properly tagged creative assets, which we will provide regularly. Personal endorsements and advertorials are allowed, but any content not created by Banglawin requires prior written approval.
• 2. Any banners, intellectual property, or other creative assets provided by us may not be modified or used for other purposes without prior written approval. Furthermore, all copyright or intellectual property notices on materials supplied or approved by Banglawin must be retained and may not be altered or removed.
• 3. By joining the Program, you grant permission to download banners, text, or promotional materials for use on your Affiliate Site, distribution via email, inclusion in your affiliate URL for direct marketing, or incorporation into print materials. These are the only approved advertising methods under the Program and this Agreement.
• 4. Unauthorized methods such as newsgroup posts, chat rooms, unsolicited emails, and the use of “bots” for generating links are prohibited. Illegitimate traffic will not be recognized and may result in the termination of this Agreement and your affiliate account with us.
• 5. This Agreement shall be immediately terminated if you engage in any kind of spamming on behalf of Banglawin or if you disparage the Company or Banglawin by deceptive written or verbal comments or advertising.
• 6. You are not authorized to impose any duties on Banglawin, the Company, or any Group Company, nor are you permitted to make any claims, representations, or warranties regarding Banglawin.
• 7. Only our approved banners and links may be utilized without changing their look, and prior written clearance is required before using any promotional materials. The hypertext transfer links are the exclusive approved representation of Banglawin and are chosen by us in terms of both look and syntax.
• 8. You are prohibited from benefiting from traffic that is known or suspected to be generated in bad faith, regardless of whether it causes harm to Banglawin. If fraudulent activity occurs as a result of someone being directed to a website through your Link, we reserve the right to revoke any commissions paid to you at any time. Our decision will be final, and no further communication on the matter will take place. Additionally, we reserve the right to withhold any payments owed to you under this Agreement due to fraudulent traffic.
• 9. You are not permitted to play at any of the sites that Banglawin promotes if you use your own affiliate link or the affiliate link of an associate who splits the commission with you or a third party. This also applies to any people or performing groups that pay you money or give you any other form of recompense. In the event that you violate this clause, Banglawin and/or the operator of the website where you played may cancel all of your play, void any commissions you may have earned from that play, cancel your affiliate registration and this agreement, and prevent you from playing at the sites in the future.
• 10. It is not permitted to keep up affiliate and referral agreements with Banglawin concurrently. Banglawin has the authority to unilaterally terminate the affiliate and/or referral relationships in the event that this regulation is broken. A referral relationship denotes an affiliation with Banglawinin accordance with the organization’s terms and conditions.

Sub affiliate Program (as outlined and accessible on the Website).

IV. EARNING COMMISSIONS

A. The following resources have information on your Affiliate Payment:

• 1. The Affiliates Revenue Share Program of Banglawin

B. In accordance with this Agreement, Banglawin will pay you in the following ways:

• 1. Any applicable taxes, such as VAT, are regarded as part of the payments. Any taxes due on the money obtained under this agreement are your responsibility;
• 2. No Banglawin account will be credited with the funds.

C. In the following situations, you will not be eligible to receive any Affiliate Payments:

• 1. was forwarded against the terms of this agreement;
• 2. makes a down payment that is reimbursed or refunded for whatever reason;
• 3. fails to pass credit or identity checks conducted by Banglawin or its agents;
• 4. Located in an area where players are not accepted by Banglawin or its Group Companies;
• 5. is suspected by Banglawin of participating in fraudulent activities or violating its terms and conditions;
• 6. has had their account terminated within forty-five days after opening; or
• 7. becomes recognized by Banglawin as a person who does not appropriately fit the description of a “Customer,” to whom you are entitled to a revenue share under the terms of this agreement.

D. To be clear, according to the terms and conditions of the relevant websites, you are not eligible to receive a commission or other benefit from any customer you refer from any Excluded Territory.

V. CONFIDENTIALITY AND ANNOUNCEMENTS

A. Throughout the entire duration of this Agreement and for an unspecified period following its termination, both parties will refrain from using any Confidential Information of the other for purposes other than those outlined in this Agreement. Without prior written consent from the other party, neither party will disclose any Confidential Information to any individual. Both parties will follow Good Industry Practice to prevent the use or disclosure of the Confidential Information. However, the obligations in this clause will not apply to any Confidential Information that:

• 1. has entered the public domain through means other than a breach of this Agreement or any other confidentiality obligation;
• 2. is acquired from a third party without a breach of this Agreement;
• 3. is required to be disclosed by law or other regulatory requirement, provided that notice is given to the other party prior to disclosure where it is legally permissible to do so; or
• 4. is in the possession of the Party at the time the Confidential Information was disclosed to it by any other party or which is independently developed without reference to any Confidential Information of the other party.

B. Each party may disclose any Confidential Information to its directors, employees, professional advisers, and sub-contractors, as well as to those of any company in its Group, to the extent that such disclosure is reasonably necessary to comply with its obligations under this Agreement. If such disclosure is made, the party disclosing the information shall ensure that the recipients of confidential information are bound by the same obligations of confidentiality as required herein.
C. Upon termination of this Agreement, each party shall either return or destroy all copies of Confidential Information in its possession. If requested, each party shall make reasonable efforts to destroy all electronically stored copies of Confidential Information, except to the extent required by law, regulation, or license condition applicable to that party or any company in its Group.

VI. DATA PROTECTION AND SECURITY

A. You recognize the critical importance of maintaining the security of Banglawin data and systems. Should you become aware of any security breach or potential breach related to the Program, you agree to promptly inform us and exert your best efforts to prevent any further development of a potential breach or to address an actual breach and its associated effects or consequences
B. You assure that your Affiliate Site currently complies with and will continue to comply with relevant data privacy and protection laws.

VII. INTELLECTUAL PROPERTY RIGHTS

A. All intellectual property rights associated with the Links and the Sites belong to their respective owners. By agreeing to this Agreement, you agree not to contest the ownership of these rights or register anything that is similar to or resembles them. .
B. You hereby agree to indemnify Banglawin against any claim or demand brought against it for any infringement or alleged infringement of intellectual property rights in the operation of your Affiliate Site.

VIII. INDEMNIFICATION & LIMITATION OF LIABILITY

A. You are responsible for compensating and protecting Banglawin, its affiliates, group companies, and individual officers from any and all losses, demands, claims, damages, costs, expenses (including consequential losses, loss of profit, reasonable legal costs, and expenses), and liabilities experienced or incurred, directly or indirectly, due to any violation by you of your responsibilities under this Agreement.
B. To the maximum extent allowed by law, the following clauses represent Banglawin’s (or any affiliated party or officers) complete liability to you, whether in contract, tort, statute, equity, or any other legal theory:

• 1. You acknowledge and agree that the Program and the Sites are provided “AS IS” without warranties of any kind, whether express or implied;
• 2. All conditions, warranties, terms, and undertakings, whether express or implied, statutory or otherwise, relating to the delivery, performance, quality, accuracy, uninterrupted use, fitness for purpose, occurrence, or reliability of the Links, the Affiliate Program, and the Sites are hereby excluded.; and
• 3. Banglawin(its affiliates, group companies, or officers) will not be liable to you for any losses relating to your participation in the Program, your use of the Links, or any breach of this Agreement by Banglawin, including loss of profits, whether direct or indirect, revenues, goodwill, anticipated savings, data, or any type of special, indirect, consequential, or economic loss, including loss or damage suffered by you as a result of an action brought by a third party, even if such loss was reasonably foreseeable or even if Banglawin had been advised of the possibility of you incurring such loss.

C. We do not provide any express or implied warranties or representations regarding the affiliate program or revenue sharing arrangements, including their functionality. This includes warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising from a course of performance, dealing, or trade usage. Additionally, we do not guarantee that the operation of our sites will be uninterrupted or error-free, and we are not liable for any consequences resulting from interruptions or errors. Furthermore, the company explicitly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
D. You expressly understand and agree that Banglawin, its subsidiaries and affiliates, and its licensors and service providers shall not be liable to you for: (1) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; (2) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of: (a) any changes which company may make to the affiliate program, or for any permanent or temporary cessation in the provision of the affiliate program (or any features within the affiliate program); (b) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the affiliate program; (c) your failure to provide company with accurate account information; (d) your failure to keep your password or account details secure and confidential. The limitations on company’s liability above shall apply whether or not company has been advised of or should have been aware of the possibility of any such losses arising.
E. The prescriptive period within which you must commence proceedings on any claim under this Program shall be 6 months from the date you became aware or should reasonably have become aware of the relevant breach that would form the subject of the claim.

IX. TERM AND TERMINATION

A. This Agreement shall begin on the Commencement Date and will remain in effect until either party provides written notice to the other party of its intention to terminate the Agreement, with no less than thirty (30) days’ notice before the intended termination.
B. Banglawin reserves the right to terminate this Agreement immediately if:

• 1.You violate any of the terms outlined in this Agreement;
• 2. You cease or indicate your intention to cease operating your business, including instances where bankruptcy or liquidation proceedings are initiated against you.
• 3. Banglawin discontinues accepting customers from a territory or jurisdiction targeted by your Affiliate Site for marketing purposes.
• 4. Banglawin discovers that your Affiliate Site is generating fraudulent traffic or engaging in similar activities intended to illicitly obtain revenue share payments under this Agreement.

C. Termination of this Agreement shall not affect any rights or obligations that may have arisen prior to termination.
D. Upon termination of this Agreement, all licenses granted to you herein will be immediately revoked.
E. If this Agreement is terminated under clause X(A), you will forfeit any entitlement to receive further payments or revenue share under this Agreement.
F. Clauses VI, IX, and all other clauses that by implication must remain effective after termination of this Agreement, shall continue in force indefinitely following the termination of this Agreement for any reason.

X. FORCE MAJEURE

A. Neither party shall be considered in breach of this Agreement nor liable for delays in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure arises from events, circumstances, or causes beyond its reasonable control. In such cases, the affected party shall be entitled to a reasonable extension of time to fulfill its obligations under this Agreement. However, if the period of delay or non-performance exceeds ten (10) days, the unaffected party may choose to terminate this Agreement by providing written notice to the other party.

XI. NO AGENCY OR PARTNERSHIP

This Agreement and its implementation shall not, under any circumstances, establish or be construed as a partnership, association, joint venture, or any other form of cooperative entity between the parties. You are prohibited from representing yourself as our agent or authorizing any party to make commitments or agreements on our behalf.

XII. ASSIGNMENT AND SUB-CONTRACTING

A. You are prohibited from assigning, novating, declaring a trust of, or otherwise disposing of this Agreement, or any part thereof.
B. However, Banglawin retains the right to assign or sub-contract any of its rights and obligations under this Agreement to a Group Company at any time without providing notice to you.

XIII. MISCELLANEOUS

A. This Agreement constitutes the entire agreement between the Parties regarding the subject matter herein, supersedes all prior agreements and understandings between them concerning the same, and may only be modified by a written instrument signed by the duly authorized representatives of both Parties.
B. If any provision of this Agreement is deemed void or unenforceable by any court or competent authority, the remaining provisions of this Agreement shall remain valid and enforceable to the fullest extent permitted by law.
C. Our failure or delay to enforce any of the terms or conditions of this Agreement at any time shall not constitute a waiver of such rights or any other rights granted herein.
D. Each party acknowledges that, in entering into this Agreement, it does so without reliance on any representation, warranty, or provision not expressly provided herein.
E. This Agreement, including any disputes, controversies, or proceedings, shall be governed by and construed in accordance with English law, and the parties hereby irrevocably submit to the jurisdiction of English courts
F. You hereby confirm and acknowledge that you have had ample opportunity to review each and every provision of this Agreement and have had the chance to seek independent legal advice regarding each provision. You agree that all provisions of this Agreement are reasonable and valid.