Terms and Conditions

Prior to becoming a part of the Khelaghor Affiliate Program, please make sure to thoroughly examine and comprehend the Terms and Conditions, as they form a legally enforceable contract between you and the program.
The entire terms and conditions of the Khelaghor Affiliate Program form this Affiliate Agreement (referred to as the “Agreement”). “You” or the “affiliate” refers to you, the person, group, or company registering as an affiliate under this Agreement, and includes any employees, officers, directors, shareholders, owners, controlling parties, and affiliated individuals and entities (with “your” having a corresponding meaning).
Careful review and understanding of this Agreement is essential. When you apply to become a part of the Khelaghor Affiliate Program and then take part in it, you are agreeing to follow the terms and conditions stated in this Agreement. If you do not agree with the terms and conditions outlined in this Agreement, please refrain from submitting your application or engaging in the Khelaghor Affiliate Program.
This Agreement supersedes all prior terms and conditions pertaining to the Affiliate Program or any previous affiliate program provided by Khelaghor. You acknowledge that this Agreement prevails over any previous agreements or terms and conditions you have had with Khelaghor or any Group Company.

I. DEFINITIONS AND INTERPRETATION
A. As per this Agreement, “Affiliate Payment” denotes the share of revenue you are entitled to for referring Customers to the Sites.
1. Your “Affiliate Site” refers specifically to your website or websites whose URLs have been provided to Khelaghor in your Application, or subsequently modified as notified to Khelaghor.
2. The term “Application” pertains to your request to become a part of the Affiliate Program.;
3. “The Commencement Date” is the date when Khelaghor confirms the acceptance of your application to join the Affiliate Program.;
4. “Company” specifically denotes Khelaghor and/or the owner and operator of the Site/s, as applicable.;
5. All information, regardless of its form, about a party (and any Group Company in the case of Khelaghor ) (referred to as the “Disclosing Party”) that is disclosed directly or indirectly to the other party (the “Receiving Party”) is considered “Confidential Information.” This encompasses 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 individuals who open an account with Khelaghor, 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. The concept of “Good Industry Practice” involves applying a certain level of skill, diligence, caution, and insight that a skilled and experienced contractor would reasonably demonstrate while acting in good faith.;
8. The term “Group Company” includes the Company and any other corporation that, at any given time, serves as a holding company of that company, a subsidiary of that company, or a subsidiary of a holding company of that company. This also encompasses any company in which a Group Company maintains a shareholding of 50% or more.;
9. “Immediate Family” refers to your spouse, partner, parent, child, or sibling;
10. The term “IPR” covers patents, trademarks, service marks, rights in designs, trade, business or domain names, the associated goodwill, e-mail address names, copyright (including rights in both source and object code of computer software), rights in databases, rights in inventions and web-formatting scripts (such as HTML and XML scripts), know-how, trade secrets, and other intellectual property rights that may exist now or in the future globally. This also encompasses all reversion rights and the right to pursue legal action and seek compensation 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” refers to the parties involved in this Agreement;
13. The term “Program” specifically refers to the Khelaghor Affiliate Program;
14. “Sites” refers to www.Khelaghor88.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 will not affect the interpretation of this Agreement;
2. The use of phrases such as “including,” “include,” “in particular,” or similar expressions is for illustration purposes and does not restrict the meaning of the preceding words.;
3. The singular form encompasses the plural form, and vice versa.; and
4. Mention of a statute or statutory provision encompasses that statute or statutory provision as well as all orders, regulations, instruments, or other subordinate legislation made under the relevant statute.;

II. RESTRICTED LICENSE
A. You are given a personal, non-exclusive, non-transferable limited license for the duration of this Agreement to use our trademarks, which are licensed by us from their owner, only for displaying the Links on your Affiliate Site.
B. This Agreement allows you to direct Customers to our Sites on a non-exclusive basis, as long as you adhere to the terms and conditions stated here. You do not have an exclusive right or privilege for referrals under this Agreement, and we reserve the right to work with other parties for services similar to yours at any time. You will not receive referral fees or compensation for business obtained through individuals or entities other than yourself.
C. You are not allowed to sub-license, assign, or transfer this license. Your rights to use the trademarks are limited to and only come from this license for banner use. You must not dispute the validity, enforceability, or ownership of the trademarks in any legal action or proceeding, and you must not take any actions that could weaken our or our licensor’s rights in the trademarks, make them generic, or dilute their associated goodwill.
D. Acquiring a domain name that includes any of our trademarks or intellectual property is not allowed. Additionally, using any of our trademarks or intellectual property for search engine optimization, website aesthetics, and design is also prohibited.
E. This license may be revoked by us at any time, and it will be deemed revoked when this Agreement is terminated, for any reason.
F. In addition, 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. Revealing information from the Links through any electronically accessible platform other than the Affiliate Site without explicit written consent from Khelaghor is prohibited;
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 Khelaghor; and/or
5. Use the Links or Code in any “pop-up” or “pop-under” advertisements without prior written consent from Khelaghor.

III. YOUR RESPONSIBILITIES
A. You guarantee and commit to:
1. You have the full capability and authorization to enter into this Agreement and any other related documents signed by you.
2. You pledge to always conduct yourself with appropriate skill, care, and diligence, following Good Industry Practice.
3. You consent to following Khelaghor’s policies and guidelines as may be conveyed to you or brought to your attention from time to time.
4. You affirm that all the information provided to Khelaghor in your application is precise and accurate, and you agree to promptly inform Khelaghor of any changes to your information.
5. You must not place the Links on any part of your Affiliate Site that targets individuals under 18 years of age or residents of Excluded Territories as outlined in the terms and conditions of the Sites;
6. It is not permitted to offer any kind of incentive, such as monetary payments, to any individual to use the Links, whether directly or indirectly;
7. You confirm that you have obtained all necessary authorizations, permits, or licenses required to fulfill your obligations under this Agreement, and you guarantee that your actions adhere to applicable laws and regulations;
8. 8. You will not challenge any of Khelaghor’s or its Group Company’s intellectual property rights or commence any legal actions pertaining to trademarks or domain names that are similar to those of Khelaghor or its Group Company. This includes the registration of domain names or keywords that contain terms identical to or resembling those of Khelaghor or its trademarks.
9. Your Affiliate Site must avoid hosting any content that is defamatory, violent, pornographic, unlawful, threatening, obscene, or racially, ethnically, or otherwise discriminatory. Additionally, it must not violate any third-party rights or link to such material.
10. It is your responsibility to make sure that the Players you recommend comply with the terms and conditions of the Site/s. You should avoid motivating or assisting Players to breach any terms and conditions they agreed to when opening an account with Khelaghor or a Group Company.
B. You consent to:
1. You and your Immediate Family are not allowed to become Customers, and you will not receive any payments under this Agreement for your Immediate Family.;
2. We have the right to monitor your Affiliate Site to ensure compliance with this Agreement, and you agree to assist Khelaghor in facilitating this monitoring of your activity.;
3. The terms of this Agreement are not subject to applicable e-commerce laws or regulations.
4. You must only showcase content on your Affiliate Site, related to your role as an affiliate under this Agreement, after obtaining written approval from Khelaghor. Khelaghor reserves the right to immediately terminate this Agreement if any content is deemed unsuitable at its absolute discretion.
5. The development, operation, and maintenance of your Affiliate Site, as well as all content displayed there, will be your sole responsibility and at your own expense. We do not have control over your Affiliate Site, and therefore, we do not accept any liability for these aspects. Additionally, you agree to indemnify us 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. Only approved and properly labeled creative assets, which we will provide regularly, should be used for promoting the Sites. Although advertorials and personal endorsements are allowed, any materials not created by Khelaghor must first receive written approval.
2. You are not allowed to modify or repurpose any intellectual property rights, banners, or other creative assets provided by us without obtaining our prior written consent. Moreover, all copyright or IP rights notices on any material supplied or approved by Khelaghor must be maintained and must not be changed or deleted.
3. When you agree to join the Program, you are also giving consent to download banners, text, or promotional material and integrate it into your Affiliate Site, use it in email communications, participate in direct marketing using your affiliate URL, or include it in print materials. These methods are the only approved ways to advertise under the Program and this Agreement.
4. Banners and links should not be included in unsolicited emails, unauthorized newsgroup posts, or chat rooms, and should not be used via “bots.” Illegally generated traffic will not be considered and may result in the termination of this Agreement and your affiliate account with us.
5. If any form of spamming is carried out on your behalf or if you discredit Khelaghor or the Company through false advertising, written or verbal statements, this Agreement will be promptly terminated.
6. Making any claims, representations, or warranties about Khelaghor is not allowed, and you do not have the authority to impose any obligations on Khelaghor, the Company, or any Group Company.
7. Prior written approval must be obtained before using any promotional materials, and only our approved banners and links can be used without altering their appearance. The appearance and syntax of the hypertext transfer links are determined by us and serve as the only authorized representation of Khelaghor.
8. Regardless of whether it causes damage to Khelaghor or not, you are not allowed to benefit from known or suspected traffic that is not generated in good faith. If fraudulent activity arises from a person directed to a site via the Link, we have the right to retract the commissions paid to you at any time. Our decision regarding this matter will be final, and we will not engage in any correspondence regarding it. We also have the discretion to retain all amounts due to you under this Agreement on account of Fraud Traffic.
9. 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, you are not allowed to play at any of the Sites promoted by Khelaghor. This also includes any individuals or playing groups from whom you receive compensation or remuneration of any kind. If you breach this provision, Khelaghor and/or the operator of the Site with which you played might annul all play, nullify 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. Maintaining both affiliate and referral relationships with Khelaghor at the same time is not allowed. If this rule is violated, Khelaghor has the right to unilaterally end either the affiliate and/or referral relationships. According to Khelaghor’s terms and conditions, a referral relationship indicates an association with Khelaghor.
Refer-A-Friend Program (as outlined and accessible on the Website).

IV. EARNING COMMISSIONS
A. You can find the information about your Affiliate Payment at these sources:
1. Khelaghor’s Affiliates Revenue Share Program
B. Khelaghor will issue all payments to you under this Agreement in the following ways:
1. The payments are considered to include any VAT or other relevant taxes. You are accountable for any taxes owed on the amount received under this Agreement;
2. The payments will not be transferred to any Khelaghor account.
C. You will not be entitled to receive any Affiliate Payments in the event that a Player:
1. was referred in violation of this Agreement;
2. makes an initial deposit that’s charged back or reversed for any reason;
3. doesn’t pass identity or credit checks by Khelaghor or its representatives;
4. is in a territory where Khelaghor and its Group Companies don’t accept players;
5. is suspected by Khelaghor of breaking its terms and conditions or engaging in fraudulent activity;
6. has their account closed within 45 days of opening; or
7. becomes known to Khelaghor 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. Just to be clear, you cannot get a commission or benefit from any customer you refer from any Excluded Territory, as outlined in the terms and conditions of the applicable sites.

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 Khelaghor’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 Khelaghor 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 Khelaghor, 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 Khelaghor’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. Khelaghor (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 Khelaghor, 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 Khelaghor 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 Khelaghor, 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. Khelaghor 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. Khelaghor discontinues accepting customers from a territory or jurisdiction targeted by your Affiliate Site for marketing purposes.
4. Khelaghor 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, Khelagor 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.