Terms and Conditions

This Affiliate Agreement (referred to as the “Agreement”) contains all of the JoyWin88 Affiliate Program’s terms and conditions. With “your” having a corresponding meaning, “you” or the “affiliate” refers to you, the individual, organization, or business registering as an affiliate under this Agreement, including any employees, officers, directors, shareholders, owners, controlling parties, and affiliated individuals and entities.

This Agreement must be carefully read and understood. By applying for and participating in the JoyWin88 Affiliate Program, you consent to the terms and conditions outlined in this agreement. Please do not submit your application or participate in the JoyWin88 Affiliate Program if you disagree with the terms and conditions stated in this agreement.

All previous terms and conditions relating to the Affiliate Program or any earlier affiliate program offered by JoyWin88 are superseded by this Agreement. You understand that any prior agreements or terms and conditions you may have had with JoyWin88 or any Group Company are superseded by this agreement.

I. DEFINITIONS AND INTERPRETATION

A. In accordance with this Agreement, “Affiliate Payment” refers to the portion of money you are eligible to receive for directing customers to the websites.

• 1. Your website or websites whose URLs you have given to JoyWin88 in your application, or have since changed and notified JoyWin88 of, are specifically referred to as your “Affiliate Site.”
• 2. Your desire to join the Affiliate Program is referred to as a “application.”
• 3. “The Commencement Date” is the day JoyWin88 certifies that your application to join the Affiliate Program has been accepted.
• 4. JoyWin88 and/or the owner and operator of the Site or Sites, as appropriate, are specifically referred to as the “Company.”
• 5. “Confidential Information” is any information, in any form, about a party (and any Group Company in the case of JoyWin88) that is disclosed to the other party (the “Receiving Party”) either directly or indirectly. This includes any customer or personal information that is disclosed by any of the Disclosing Party’s employees, professional advisers, or contractors prior to or following the Commencement Date.
• 6. “Customers” are people who click on the links on your affiliate site to reach the site or sites and create an account with JoyWin88, the company, or a group company for the first time.
• 7. Applying a particular degree of expertise, diligence, prudence, and insight that a knowledgeable and experienced contractor would reasonably exhibit while acting in good faith is what is meant by the concept of “Good Industry Practice.”
• 8. The Company and any other corporation that at any point acts as a holding company, subsidiary, or subsidiary of a holding company of that firm are collectively referred to as “Group Companies.” This also includes any business where a Group Company owns at least 53% of the shares.
• 9. Your spouse, partner, parent, kid, or sibling are considered “immediate family”;
• 10. Patents, trademarks, service marks, rights in designs, trade, business, or domain names, the goodwill that goes along with them, email address names, copyright (including rights in computer software’s source and object code), rights in databases, rights in inventions and web-formatting scripts (like HTML and XML scripts), know-how, trade secrets, and other intellectual property rights that may exist now or in the future globally are all included in the term “IPR.” This also includes the right to file a lawsuit and demand damages for previous violations, as well as all reversion rights.
• 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 JoyWin88 Affiliate Program is officially referred to as the “Program”;
• 14. “Sites” includes joywin88.net and its other 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 JoyWin88’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 JoyWin88; and/or
• 5. Use the Code or Links in any “pop-up” or “pop-under” ads without JoyWin88 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 JoyWin88’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 JoyWin88 in your application is precise and accurate, and you agree to promptly inform JoyWin88 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 JoyWin88 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 JoyWin88’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 JoyWin88 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 JoyWin88 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 JoyWin88 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, JoyWin88 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 should only be promoted using authorized and appropriately tagged creative assets, which we will supply on a regular basis. Personal endorsements and advertorials are permitted, but any content not produced by JoyWin88 requires prior written consent.
• 2. Any banners, intellectual property rights, or other creative assets that we give cannot be altered or used for other purposes without our previous written authorization. Additionally, all copyright or intellectual property rights notices on any content provided or authorized by JoyWin88 must be preserved and cannot be altered or removed.
• 3. By accepting the Program, you also provide permission to download banners, text, or promotional content and incorporate it into your Affiliate Site, send it via email, utilize your affiliate URL for direct marketing, or use it in print materials. Under the Program and this Agreement, these are the only forms of advertising that are permitted.
• 4. Unauthorized newsgroup posts, chat rooms, unsolicited emails, and links should not be used by “bots.” Traffic created illegally will not be taken into consideration and may lead to 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 JoyWin88 or if you disparage the Company or JoyWin88 by deceptive written or verbal comments or advertising.
• 6. You are not authorized to impose any duties on JoyWin88, the Company, or any Group Company, nor are you permitted to make any claims, representations, or warranties regarding JoyWin88.
• 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 JoyWin88 and are chosen by us in terms of both look and syntax.
• 8. You are not permitted to profit from known or suspected traffic that is not generated in good faith, regardless of whether it harms JoyWin88. We reserve the right to cancel any commissions that have been paid to you at any time if fraudulent behavior results from someone being sent to a website through the Link. We will not be communicating about this issue in any way, and our decision will be final. Additionally, we have the option to keep all money owed to you under this agreement because of fraud traffic.
• 9. You are not permitted to play at any of the sites that JoyWin88 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, JoyWin88 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 JoyWin88 concurrently. JoyWin88 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 JoyWin88in 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 JoyWin88

B. In accordance with this Agreement, JoyWin88 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 JoyWin88 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 JoyWin88 or its agents;
• 4. Located in an area where players are not accepted by JoyWin88 or its Group Companies;
• 5. is suspected by JoyWin88 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 JoyWin88 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 JoyWin88 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 JoyWin88 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 JoyWin88, 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 JoyWin88’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. JoyWin88(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 JoyWin88, 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 JoyWin88 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 JoyWin88, 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. JoyWin88 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. JoyWin88 discontinues accepting customers from a territory or jurisdiction targeted by your Affiliate Site for marketing purposes.
• 4. JoyWin88 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, JoyWin88 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.