TERMS AND CONDITION

Please note that these Terms and Conditions are designed to establish a legally binding and enforceable Agreement between you, as an applicant to the Banglabet Affiliate Program. We urge you to carefully review these Terms and Conditions.

This Affiliate Agreement (herein referred to as the “Agreement”) comprises the entire terms and conditions of the Banglabet Affiliate Program. “You” or the “affiliate” denotes you, the individual, group, or corporate entity registering with us as an affiliate under this Agreement, and shall encompass any employees, officers, directors, shareholders, owners, controlling parties, and affiliated individuals and entities (with “your” having a corresponding meaning).

It is crucial that you carefully review and comprehend this Agreement. By submitting an application to join the Banglabet Affiliate Program and subsequently engaging in it, you are consenting to abide by the terms and conditions outlined in this Agreement. If you do not agree with the terms and conditions as specified in this Agreement, you should refrain from submitting your application or participating in the Banglabet Affiliate Program.

This Agreement supersedes all prior terms and conditions regarding the Affiliate Program or any previous affiliate program provided by Banglabet. You acknowledge that this Agreement overrides all prior agreements or terms and conditions you have had with Banglabet or any Group Company.

I. DEFINITIONS AND INTERPRETATION

A. “Affiliate Payment” refers to the revenue share you receive under this Agreement for referring Customers to the Sites.

1. “Affiliate Site” refers to your website or websites situated at the URLs provided to Banglabet in your Application or subsequently altered as notified to Banglabet.

2. “”Application” denotes your application to become a part of the Affiliate Program;.

3. “The Commencement Date” signifies the date on which Banglabet confirms the acceptance of your application to join the Affiliate Program;

4. Company” refers to Banglabet and/or the owner and operator of the Site/s, as applicable;

5. “Confidential Information” encompasses all information, in any form, concerning a party (and any Group Company in the case of Banglabet) (referred to as the “Disclosing Party”), which is disclosed directly or indirectly to the other party (the “Receiving Party”). This includes any personal data and/or customer data disclosed by any of the Disclosing Party’s employees, professional advisers, or contractors before or after the Commencement Date;

6. “Customers” refers to all individuals who open an account with Banglabet, the Company, or a Group Company for the first time, and who arrive at the Site/s by clicking on the Links on your Affiliate Site;

7. “Good Industry Practice” denotes the application of the level of skill, diligence, prudence, and foresight that would reasonably and typically be anticipated from a skilled and experienced contractor acting in good faith;

8. “Group Company” refers to the Company and any corporate body that, at any given time, is a holding company of that company, a subsidiary of that company, or a subsidiary of a holding company of that company. This also includes any company in which a Group Company holds a shareholding of 50% or more;

9. “Immediate Family” refers to your spouse, partner, parent, child, or sibling;

10. “IPR” encompasses all patents, trademarks, service marks, rights in designs, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright (including rights in computer software in both source and object code), rights in databases, rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets, and other intellectual property rights which may exist now or in the future in any part of the world. This includes all rights of reversion and the right to sue for and recover damages for past infringements;

11. “Links” refer to hypertext links (either in the form of a banner or text link) that connect to the Site/s under this Agreement;

12. “Parties” denotes the parties involved in this Agreement;

13. “Program” signifies the Banglabet Affiliate Program;

14. “Sites” refers to www.banglabet88.com as well as its alternative domains and URLs;

B. In this Agreement, unless the context suggests otherwise:

1. Clause headings are provided for convenience only and shall not impact the interpretation of this Agreement;

2. Any phrase introduced by the terms “including,” “include,” “in particular,” or any similar expression shall be considered illustrative and shall not restrict the meaning of the words preceding those terms;

3. The singular encompasses the plural, and vice versa.; and

4. Reference to a statute or statutory provision includes reference to that statute or statutory provision and to all orders, regulations, instruments, or other subordinate legislation made under the relevant statute;

II. RESTRICTED LICENSE

A. We hereby provide you with a personal, non-exclusive, non-transferable limited license, throughout the duration of this Agreement, to utilize our trademarks (licensed by us from their owner) solely for the purpose of displaying the Links on your Affiliate Site.

B. Under this Agreement, we provide you with the non-exclusive privilege to direct Customers to our Sites, subject to the terms and conditions outlined herein. This Agreement does not confer upon you an exclusive right or privilege for referrals, and we retain the right to engage and seek assistance from other parties at any time for services of a similar nature to yours. You shall not be entitled to referral fees or other compensation for business secured by or through individuals or entities other than yourself.

C. This license cannot be sub-licensed, assigned, or otherwise transferred by you. Your usage rights for the trademarks are restricted to and arise solely from this license for banner use. You shall refrain from challenging the validity, enforceability, or ownership of the trademarks in any legal action or proceeding, and shall not undertake any actions that may undermine our or our licensor’s rights in the trademarks, make them generic, or otherwise weaken their validity or dilute their associated goodwill.

D. You are prohibited from acquiring a domain name that incorporates all or part of any of our trademarks or intellectual property. Furthermore, you are restricted from utilizing all or part of any of our trademarks or intellectual property for search engine optimization purposes, including website aesthetics and design.

E. We retain the right to revoke this license at any time, and it shall be considered revoked upon the termination of this Agreement, for any reason whatsoever.

F. Furthermore, to avoid any confusion, you are prohibited from engaging in any of the following activities:

1. Present the Links anywhere other than on the Affiliate Site;

2. Reveal information from the Links through any electronically accessible platform other than the Affiliate Site without explicit written consent from Banglabet;

3. Engage in any actions that would falsely suggest a Customer has clicked through the Links to register for an account, including but not limited to ‘cookie stuffing’ or any other fraudulent practices.

4. Utilize the Links in a manner that is harmful or potentially harmful to Banglabet; and/or

5. Use the Links or Code in any “pop-up” or “pop-under” advertisements without prior written consent from Banglabet.

III. YOUR RESPONSIBILITIES

A. You guarantee and commit to:

1. You possess the full capacity and authority to enter into this Agreement and any other associated documents executed by you.

2. You commit to conducting yourself at all times with due skill, care, and diligence, adhering to Good Industry Practice.

3. You agree to adhere to Banglabet’s policies and guidelines as may be communicated to you or made known to you from time to time.

4. You confirm that all information provided to Banglabet in your application is accurate and correct, and you agree to promptly notify Banglabet of any changes to your information.

5. You agree not to place the Links on any section of your Affiliate Site targeting individuals under 18 years of age or residents of Excluded Territories as specified in the terms and conditions of the Sites;

6. You are prohibited from offering any form of incentive, including but not limited to monetary payments, to any individual to use the Links, whether directly or indirectly;

7. You affirm that you have obtained all requisite authorizations, permits, or licenses necessary to fulfill your duties under this Agreement, and you ensure that your actions comply with relevant laws and regulations;

8. You agree not to contest any of Banglabet’s or its Group Company’s intellectual property rights or initiate any proceedings related to marks or domain names similar to those of Banglabet or its Group Company. This encompasses the registration of domain names or keywords containing terms identical or resembling those of Banglabet or its marks;

9. Your Affiliate Site must refrain from hosting any content that is defamatory, violent, pornographic, unlawful, threatening, obscene, or racially, ethnically, or otherwise discriminatory. Additionally, it should not infringe upon any third-party rights or link to such material;

10. You are responsible for ensuring that the Players you refer adhere to the terms and conditions of the Site/s. You must refrain from encouraging or aiding Players in violating any terms and conditions agreed upon when they open an account with Banglabet or a Group Company;

B. You consent to:

1. You agree that neither you nor your Immediate Family may become Customers, and you shall not be entitled to any payment under this Agreement in relation to your Immediate Family;

2. You acknowledge that we may monitor your Affiliate Site to ensure compliance with the terms and conditions of this Agreement, and you agree to cooperate with Banglabet in facilitating such monitoring of your activity;

3. The provisions of applicable e-commerce laws or regulations shall not apply to this Agreement.

4. You shall exclusively feature content on your Affiliate Site, related to your role as an affiliate under this Agreement, that has been pre-approved in writing by Banglabet. Any content considered unsuitable by Banglabet, at its absolute discretion, will lead to the immediate termination of this Agreement.

5. You will bear sole responsibility for the development, operation, and upkeep of your Affiliate Site, as well as all content displayed there, at your own expense. As we lack control over your Affiliate Site, we disclaim any liability for these aspects. Additionally, you agree to indemnify and release us from any claims, damages, and costs (including legal fees) related to the development, operation, maintenance, and content of your Affiliate Site. This indemnification clause does not affect our right to pursue separate action or claims against you under applicable laws.

C. AFFILIATION GUIDELINES:

1. Solely approved and correctly tagged creative materials, provided by us periodically, should be utilized for promoting the Sites. While advertorials and personal endorsements are permitted, any materials not crafted by Banglabet must receive written approval beforehand.

2. You are prohibited from altering or repurposing any intellectual property rights, banners, or other creative materials provided by us without obtaining our prior written consent. Additionally, all copyright or IP rights notices on any material supplied or approved by Banglabet must be retained and shall not be altered or removed..

3. By consenting to join the Program, you are also agreeing to download banners, text, or promotional material and incorporate it into your Affiliate Site, utilize it in email communications, engage in direct marketing using your affiliate URL, or include it in print materials. These methods constitute the only approved means by which you may advertise under the Program and this Agreement.

4. Banners and links must not be inserted into unsolicited emails, unauthorized newsgroup posts, or chat rooms, nor used via “bots.” Illegally generated traffic will not be considered and may lead to the termination of this Agreement and your affiliate account with us.

5. This Agreement will be promptly terminated if any form of spamming is conducted on your behalf or if you discredit Banglabet or the Company through false advertising, written or verbal statements.

6. You are prohibited from making any claims, representations, or warranties regarding Banglabet, and you are not authorized to bind Banglabet, the Company, or any Group Company to any obligations.

7. You must obtain our prior written approval before using any promotional materials, and you are only allowed to use our approved banners and links without altering their appearance. The appearance and syntax of the hypertext transfer links are determined by us and represent the only authorized representation of Banglabet.

8. You must not knowingly benefit from known or suspected traffic that is not generated in good faith, regardless of whether it causes damage to Banglabet or not. If fraudulent activity arises from a person directed to a site via the Link, we reserve the right to retract the commissions paid to you at any time. Our decision regarding this matter will be final, and no correspondence will be entered into. We also reserve the right to retain all amounts due to you under this Agreement on account of Fraud Traffic, at our discretion.

9. You are forbidden from playing at any of the Sites promoted by Banglabet using your own affiliate link or through the affiliate link of an associate who shares all or part of the commission with you or a third party. This includes any individuals or playing groups from whom you receive compensation or remuneration of any kind. Should you violate this provision, Banglabet and/or the operator of the Site with which you played may void all play, eliminate any earned commissions applicable from such play, terminate your registration as an affiliate and this Agreement, and void any future play at the Sites.

10. Concurrently maintaining both affiliate and referral relationships with Banglabet is prohibited. Breaching this provision empowers Banglabet to unilaterally terminate either or both affiliate and/or referral relationships. A referral relationship denotes a connection with Banglabet according to Banglabet’s terms and conditions.

Refer-A-Friend Program (as outlined and accessible on the Website).

IV. EARNING COMMISSIONS

A. The details regarding your Affiliate Payment can be accessed here:

1. Banglabet Affiliates Revenue Share Program

B. All payments issued to you by Banglabet under this Agreement are:

1. considered inclusive of any VAT or other applicable taxes. You are responsible for any taxes due on the amount received under this Agreement;

2. will not be paid to any Banglabet account;

C. You will not be entitled to receive any Affiliate Payments in the event that a Player:

1. has been introduced in breach of any term of this Agreement;

2. makes an initial deposit which is subject to a chargeback or which is reversed for any other reason;

3. fails any identity or credit checks carried out by Banglabet or on its behalf;

4. is located in a territory from which Banglabet and its Group Companies do not accept players;

5. is suspected by Banglabet of violating its terms and conditions or participating in any fraudulent activity;

6. has their account closed within 45 days of the account opening; or

7. becomes known to Banglabet as an individual who does not properly fall within the definition of “Customer” to which you are entitled to receive revenue share as provided herein.

D. To clarify, you are not permitted to refer or receive a revenue share for any Customer you refer from any Excluded Territory, as defined in the terms and conditions of the relevant Sites.

V. CONFIDENTIALITY AND ANNOUNCEMENTS

A. Throughout the duration of this Agreement and for an unspecified duration after its termination, both parties agree not to utilize any Confidential Information belonging to the other party for any purpose other than in adherence to this Agreement. Neither party shall divulge any Confidential Information of the other party to any individual without the prior written consent of the other party. Both parties shall adhere to Good Industry Practice to prevent the utilization or disclosure of the Confidential Information. However, the obligations under this clause shall not extend 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 Banglabet’s 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 Banglabet 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 agree to indemnify and hold Banglabet, its affiliates, group companies, and individual officers harmless from any and all losses, demands, claims, damages, costs, expenses (including consequential losses, loss of profit, reasonable legal costs, and expenses), and liabilities suffered or incurred, directly or indirectly, as a result of any breach by you of your obligations under this Agreement.

B. To the fullest extent permitted by applicable law, the following provisions constitute the entire liability of Banglabet (or any related party or officers) to you, whether in contract, tort, statute, equity, or otherwise:

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. Banglabet (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 Banglabet, 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 Banglabet 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 Banglabet, 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. Banglabet 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. Banglabet discontinues accepting customers from a territory or jurisdiction targeted by your Affiliate Site for marketing purposes.

4. Banglabet 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(B), 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, Banglabet 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.