This Affiliate Agreement contains the complete terms and conditions between ourselves and you, regarding your application to participate as an affiliate (an "Affiliate") of Winbig21.com
- Affiliate means you, the person or entity, who applies to participate in the affiliate Program.
- Affiliate Application means the application below whereby the Affiliate applies to participate in the affiliate Program.
- Affiliate Website(s) means one or more websites on the Internet which are maintained and operated by the affiliate.
- Commission Structures means the commission structures or any specific commission structure expressly agreed between the Company and the Affiliate.
Responsibilities of the Affiliate
- As Affiliates you are responsible for promoting the merchant by implementing the advertising, banners and tracking URL's on your websites, e-mails or other communications.
- You will present only approved content and topics on your site.
- You are restricted to one Affiliate account only.
- You shall not earn Commission on the net win and/ or net Rake on Your own Customer account nor on the Customer account/s of your employees or immediate family members.
2. Acceptance of Affiliate
The organization shall evaluate the Affiliate Program hereby submitted and shall notify the Affiliate in producing (e-mail) no matter if the Affiliate Program is accepted or not. The organization reserves the best to refuse any registration in its sole and absolute discretion.
3. Qualifying Conditions
The Affiliate hereby represents and warrants that:
- It has, and will retain throughout the term of this Agreement, title and authority to enter into this Agreement, to grant the rights and perform all its obligations in this Agreement.
- It has obtained and will maintain in force all necessary registrations, authorizations, consents and licenses necessary to fulfill its obligations under this Agreement; and
- It fully understands and accepts the terms and conditions of this Agreement.
4. Responsibilities and Obligations of the Company
- The Company shall provide the Affiliate with all information and marketing material necessary for the implementation of the Links.
- The Company shall administrate the turnover generated via the Links, record the net revenues and the total amount of commission earned via the Links, provide the Affiliate with commission statistics, and handle all customer services related to the business of the Company.
- The Company shall pay the Affiliate its compensation depending on the traffic generated subject to the terms and conditions of this Agreement.
- The Affiliate Program shall be provided in any form and to any extent that group company operating the Affiliate Program deems appropriate.
- In case of any breach by the Affiliate of any of the terms and conditions of this Agreement, in addition to other remedies available to the Company at law and under this Agreement, the Company shall have the right to terminate this Agreement by a notice given to the Affiliate.
- This Agreement does not impose any exclusivity obligation on the Company. Neither the Company nor any other group company shall be liable in any way whatsoever for engaging in any arrangement competing with the Affiliate.
- Unless explicitly stated in this Agreement, the Company does not make any warranty or representation of any kind.
5. Affiliate Website(s) and the Links
The Affiliate expressly acknowledges and agrees which the usage of the internet and the Affiliate System is with the Affiliate's individual danger. The company can make no assure in relation to the accessibility with the Company's internet sites at any unique time or any specific spot. The business shall in no occasion be liable for the Affiliate or any individual else for virtually any inaccuracy, error or omission in, or decline, injuries or injury brought about in complete or in part by failures, delays or interruptions of, the Company's websites or perhaps the Affiliate Course.
This Agreement may be terminated by either Party by giving thirty (30) days written (by email) notice to the other Party.
7. Liabilities and Indemnification
The Company shall not be liable (in contract, tort, for breach of statutory duty or in any other way) for:
- Any economic losses, including but without limitation, loss of profits, revenues, business, contracts or anticipated savings
- Any indirect or consequential losses
- Any loss of goodwill or reputation.
8. Amendments to this Agreement
The business reserves the best to, anytime and at its sole discretion, with or devoid of offering any prior recognize into the Affiliate, amend, alter, delete or add any of your provisions of this Arrangement. If relevant, a published recognize of your amendments will be sent for the Affiliate's registered email tackle and this kind of discover will be deemed for being served when sent because of the Business. The Affiliate's continuing participation while in the Affiliate Program just after any amendments or modifications have already been manufactured general public are going to be considered since the Affiliate's acceptance in the new phrases and ailments.
9. Governing Law & Jurisdictions
The validity, construction and performance of this Arrangement and any claim, dispute or matter arising under or in link to this Agreement or its enforceability shall be governed and construed in accordance along with the regulations of Malta. Every single Party irrevocably submits towards the Malta Arbitration Centre, Malta, about any declare, dispute or subject under or in link with this Agreement and/or its enforceability.