Referral and Affiliate Terms & Conditions

This Agreement contains all of the terms and conditions between One Visaya Gaming Corporation (the “Company”) and the individual or organization (the "Referral” or “Affiliate") participating in the BIGWIN29 Referral & Affiliate Program (the "Program").

By completing the BIGWIN29 Referral & Affiliate Program (the “Program”) application and clicking “I agree” to the Terms and Use, the Privacy Policy, and Referral & Affiliate Terms (the “Terms”) within the registration form, you (hereinafter the “Referral / Affiliate”) hereby agree to abide by all the terms and conditions set out in this agreement. The cash rewards, commission structure, or revenue share of the "compensation rules" is also an integral part of this agreement. BIGWIN29 reserves the right to amend, alter, delete or extend any provisions of this agreement, at any time and at its sole discretion, without giving any advance notice to the Referral or Affiliate subject to the Terms set out in this agreement. You hereby agree to:

• Participate in the Program
• Use of the BIGWIN29 affiliate website and/or BIGWIN29 marketing tools (as hereafter defined).
• The condition of the acceptance of any rewards or commissions from BIGWIN29 confirms your irrevocable acceptance of this Agreement and any modifications thereto.

Therefore you shall be obliged to continuously comply with the Terms of this Agreement as well as to comply with the General Terms and Conditions and Privacy Policy of the website BIGWIN29, as well as with any other rules and/or guidelines brought forward from time to time. An Agreement between the Company and the Referral or Affiliate comes into effect on the date the application is approved.

1. The Acceptance

• The Company reserves the right to refuse any registration in its sole and absolute discretion.
• The Referral or Affiliate maintains and operates one or more websites on the Internet (hereinafter collectively referred to as "the Website"), and/or refers potential customers through other channels.
• The Referral or Affiliate must be a verified player on BIGWIN29.com
• Will comply with all applicable rules, laws, and regulations in correlation with the promotion of BIGWIN29
• Fully understands and accepts the Terms of the Agreement.

1.1 Unsuitable Sites We may terminate this Agreement if we determine (in our sole discretion), the Referral or Affiliate site is unsuitable for the Program. Unsuitable sites include, but are not limited to, sites: aimed at children, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate intellectual property rights.

2. Responsibilities and Obligations of the Company

2.1 The Company shall provide the Referral or Affiliate with all required information and marketing material for the implementation of the tracking link.

2.2 The Company shall administrate the turnover generated via the tracking links, record the revenue and the total amount of commission earned via the link, provide the Referral or Affiliate with reward or commission statistics, and handle all customer services related to the business. A unique tracking identification code will be assigned to all referred customers.

2.3 The Company shall pay the Referral or Affiliate the amount due depending on the traffic generated subject to the Terms of this Agreement.

3. Responsibilities and Obligations of the Referral or Affiliate

a） To use its best efforts to actively and effectively advertise, market and promote BIGWIN29 as widely as possible to maximize the benefit to the parties and to abide by the guidelines of the Company as they may be brought forward from time to time and/or as being published online.

b） To market and refer potential players to BIGWIN29 at its own cost and expense. The Referral or Affiliate will be solely responsible for the distribution, content, and manners of its marketing activities. All of the Affiliate's marketing activities must be professional, proper, and lawful under applicable laws and must be in accordance with this Agreement.

c） To use only the tracking link provided within the scope of the referral or affiliate program, otherwise, no guarantee whatsoever can be given for proper registration and sales accounting. Also, not to change or modify in any way any link or marketing material without prior written authorization from the Company.

d） To be responsible for the development, operation, and maintenance of its website as well as for all material appearing on its website.

• That it will not perform any act which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.
• That it will not actively target any person who is under the legal age for gambling.
• That it will not actively target any jurisdiction where gambling and the promotion thereof is illegal.
• That it will not generate traffic to BIGWIN29 by illegal or fraudulent activity, particularly but not limited to:
  • Sending spam.
  • Incorrect metatags.
  • Registering as a player or making deposits directly or indirectly to any player account through his/her tracker(s) for their own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Company. Violation of this provision shall be deemed to be fraud.

e） That it will not present its website in such a way that it might evoke any risk of confusion with BIGWIN29 and/or the Company and or convey the impression that the website of the contracting party is partly or fully originated with BIGWIN29 and/or the Company.

f） Without prejudice to the marketing material as may be forwarded by the Company and/or made available online through the website www.bigwin29.com the affiliate may not use BIGWIN29 or other terms, trademarks, and other intellectual property rights that are vested in the Company unless the Company consents to such use in writing.

3.1 Domain Names The Referral or Affiliate shall avoid registering (or applying to register) any domain name similar to any domain name used by or registered in the name of BIGWIN29 or its group, or any other name that could be understood to designate BIGWIN29.

3.2 Linking to BIGWIN29 Websites By agreeing to take part in the Program, the Referral or Affiliate agrees to create and maintain unique links from the Affiliate site to BIGWIN29’s website. Referrals or Affiliates may link to the BIGWIN29 site with any of our banners, e-mails, articles or with a text link. This is the only method by which the Referral or Affiliate may advertise on behalf of BIGWIN29. Prior written consent should be obtained from BIGWIN29, if the Affiliate wants to link to any other place.

3.3 Minimum Affiliate Requirement All BIGWIN29 Affiliates are required to have a minimum of 30 eligible active customers monthly. Should the Affiliate not reach this requirement, the Affiliate will not be eligible to earn commission and the Affiliate account will be closed.

An eligible active referral is defined as a player whose account has deposited and wagered during each of the month. In the event that we discover any Affiliates, members and/or connected parties displaying any suspicious behavior or activities (e.g. collusion, hedging or placing small bets among a small group of members) with the sole intention to receive/be eligible for commission, we reserve the right to take any action including, but not limited to, cancellation of commission, termination of the agreement, etc. BIGWIN29 will investigate and determine each case and appeal on its own merit.

3.4 Legitimate betting Affiliate customers are not permitted to use any equipment, automatic equipment, software, program or other similar methods of non-legitimate bet. We reserve the right to take any action including, but not limited to, cancellation of commission, termination of the agreement, etc. BIGWIN29 will investigate and determine each case and appeal on its own merit.

3.5 Spamming We will terminate this Agreement immediately without recourse for you if there is any form of spamming or if you advertise our services in any other way. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.

3.6 Bidding on Brand Terms Affiliates may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of the BIGWIN29 trademarks or otherwise include the word "BIGWIN29", “BIGWIN29 PH”, “BIGWIN 29”, or variations thereof, or include meta tag keywords on the Affiliate site or other promotion methods which are identical or similar to any of BIGWIN29’s trademarks or keywords.

3.7 Agency Appointment By this Agreement, we grant you the non-exclusive, non-assignable right to direct customers to any of our sites in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You shall have no claim to the Referral Commission or other compensation on business secured by or through persons or entities other than you.

3.8 Layouts You will only use our approved advertising creative (banners, html mailers, editorial columns, images and logos) and will not alter their appearance or refer to us in any promotional materials other than those that are available from www.bigwin29.com. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of our sites.

3.9 Advertisements For the duration of this Agreement, you shall continually display our banners and text link on your website that makes reference to BIGWIN29. You shall not, without first submitting such material to BIGWIN29 and receiving our prior written consent, which shall not be unreasonably withheld, display any banners or text on the Affiliate site, which have not been approved by BIGWIN29. If you remove a BIGWIN29 banner, text link or any promotional activities from the Affiliate site, this action will be deemed as the termination of this Agreement, and BIGWIN29 reserves the right to refuse to pay the commission.

We reserve the right to withhold the Affiliate payments and/or suspend or close accounts where Affiliate customers you have referred are found to be tampering with or abusing any BIGWIN29 offers or promotions, whether with or without your knowledge. Such situations shall include, but not be limited to, different customers’ betting on both sides of an event or market so as to limit risk and claim bonuses.

3.10 Good Faith You hereby warrant undertake and agree you will not knowingly benefit from suspected or known traffic not generated in good faith whether it actually causes us damage or not. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable grounds to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold commission regarding such traffic.

3.11 Advertisement Responsibility Affiliates shall use best commercial efforts to advertise actively and effectively, market and promote BIGWIN29 as widely and aggressively as possible in order to maximize the financial benefit to both the Affiliate and BIGWIN29. The Affiliate shall only engage in advertising, marketing and promotional efforts which do not violate any law and which reflect positively upon the business reputation of BIGWIN29. The Affiliate shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of BIGWIN29 to their customers.

3.12 Attornment You shall not open an Affiliate account in the name of other persons. We do not accept any deeds of opening or attorning an Affiliate account for any third party without our prior consent.

3.13 Affiliation We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use our trade name, trade marks, service marks, logos and any other designations, which we may from time to time approve ("Marks") solely in connection with the display of the promotional materials on the Affiliate site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Marks is limited to and arises only out of this license. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Marks by any third party.

3.14 Confidential Information During the term of this Agreement, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Program (e.g. including commissions earned by you under the Program) (“Confidential Information”). You agree to avoid disclosure or unauthorized use of any such Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. The obligation to keep the Confidential Information confidential, endures even after the termination of this Agreement.

4. Payment

4.1 The Company agrees to pay the Affiliate a reward or commission based on the net revenue amount generated from new customers referred by the Affiliate’s website and/or other channel. New customers are those customers of the Company who do not yet have a gaming account and who access the Website via the tracking link and who properly register and make a deposit and wager every month through the account. The commission shall be deemed to be inclusive of value added tax or any other tax if applicable.

4.2 The commission shall be a percentage of the net revenue in accordance with what is set out in the commission structures for the particular product. The calculation is product specific and it is set out in every product-specific commission structure. (see "Referral Program" for details)

4.3 The referral or affiliate can withdraw commissions from the account at any time once the payment has been made. If there is an error in calculating the commission, the company has the right to amend the amount at any time and immediately settle the underpaid difference to the agent or recover the overpaid balance from the affiliate account.

4.4 If the Affiliate disagrees with the balance due as reported, it shall within a period of seven (7) days send an email to the Company to business@bigwin29.com and indicate the reasons for the dispute. Or contact customer service through the website. Failure to send an email Or contact customer service through within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.

4.5 There might be a delay in the Withdrawal request for up to sixty (60) days, while it investigates and verifies that the relevant transactions comply with the provisions of the Terms.

4.6 No payment shall be due when the traffic generated is illegal or contravenes any provision of these Terms.

4.7 he Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.

4.8 For the sake of clarity the parties specifically agree that upon termination of this Agreement by either party, In addition to the previous unsettled Commissions, the Commissions of the agent will no longer be settled.

4.9 The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by the Affiliate as a result of the commission generated under this Agreement. The Company shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies the Company in that regard.

5. Termination

5.1 This Agreement may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given by email.

• The Affiliate must remove all references to BIGWIN29 from the Affiliate's websites and/or other marketing channels and communications, irrespective of whether the communications are commercial or non-commercial.
• All rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company.
• The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination;however provided, the Company may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this termination date.
• If this Agreement is terminated by the Company on the basis of the Affiliate's breach, the Company shall be entitled to withhold the Affiliate’s earned but unpaid commissions as of the termination date as collateral for any claim arising from such a breach. It is further specified that termination by the Company due to a breach by the Affiliate of any of the clauses in this Agreement shall not require a notice period and such termination shall have immediate effect upon simple notification by the Company to the Affiliate.
• The Affiliate must return to the Company any and all confidential information (and all copies and derivations thereof) in the Affiliate's possession, custody and control.
• The Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such a termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The Affiliate’s obligation of confidentiality towards the Company shall survive the termination of this Agreement.

6. Relationship of Parties

BIGWIN29 and the Referral or Affiliate are independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. For the avoidance of doubt, the Referral or Affiliate has no authority to make or accept any offers or representations on behalf of BIGWIN29. The Affiliate agrees not to make any statement, whether on the site or otherwise, that construes the Referral or Affiliate has a right to represent BIGWIN29.

7. Indemnity

The Affiliate shall defend, indemnify, and hold BIGWIN29 together with BIGWIN29’s clients, and each of their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach of warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this Program.

8. Disclaimers

BIGWIN29 makes no express or implied warranties or representations with respect to the Program, or referral fees and commission payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site or our Clients' sites will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.

9. Limitation of Liability

BIGWIN29 will not be liable for indirect, special or consequential damages (or any loss of revenue, profits or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. In addition, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commission fees paid or payable to the Affiliate under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, officers, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the commission fees generated and is limited to direct damages.

10. Independent Investment

The Affiliate hereby confirms it has read this Agreement and agrees to all its terms and conditions. The Affiliate understands BIGWIN29 may at any time directly or indirectly solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with the Affiliate site. The Affiliate has independently evaluated the desirability of participating in this referral Program and is not relying on any representation, guarantee or statement other than set forth in this Agreement.

11. Governing Law

This Agreement will be governed by the laws of the Philippines.

12. Assignability and Inurement

The Affiliate may not assign this Agreement, by operation of law or otherwise, without prior written consent of BIGWIN29. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the Affiliate and BIGWIN29 and our respective successors and assigns.

13. Non-Waiver

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.