General Information

Thank you for choosing our Website and Bananza Affiliate Program.

Before you join our Program, we advise you to read and familiarize yourself with these Terms and Conditions of Bananza Affiliate Program (Terms and/or Terms and Conditions), our Privacy Policy and Cookies Policy, as these Terms and Conditions form a binding legal agreement between us.

If something remains unclear for you, we welcome you to contact us at aff(@)bananzaaffiliates.com.

These Terms and Conditions govern your participation in Bananza Affiliate Program (Program), your use of the website https://bananzaaffiliates.com (Website and/or Site), and/or any content or information provided on the Website. These Terms in conjunction with the policies and other terms and conditions of use which are incorporated herein (including Privacy Policy and Cookies Policy) are a legal agreement between you individually (you, Partner and/or User) and a company operating this Website and Program ("Company", "Bananza" we, us or other derivatives).

By accessing the Website and/or registering an Account (as this term defined herein) to participate in our Program, you: (1) acknowledge that you have read and understood these Terms, our Cookies Policy and Privacy Policy (which are available at https://bananzaaffiliates.com/privacy and incorporated by reference into these Terms); (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us.

PLEASE NOTE THAT OUR PROGRAM IS NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS AND CONDITIONS. IN PARTICULAR, YOU CANNOT PARTICIPATE IN OUR PROGRAM UNLESS YOU HAVE REACHED EIGHTEEN (18) YEARS AND/OR HAVE FULL CIVIL CAPACITY.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, COOKIES POLICY AND/OR PRIVACY POLICY, YOU CANNOT USE THE WEBSITE AND/OR PARTICIPATE IN OUR PROGRAM. YOUR USE OF OUR WEBSITE AND/OR PARTICIPATION IN PROGRAM REQUIRES YOUR ACCEPTANCE OF (1) THESE TERMS IN FULL AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING (2) THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES, IN PARTICULAR, COOKIES POLICY AND PRIVACY POLICY.

Definitions

• Seller means Bananza client who provides a certain type of services to visitors attracted by the Partner.
• Players mean individuals attracted by the Partner under this Program, who went to the Seller's website and registered their profile / account in the Seller's system and/or website. To qualify the visitors attracted by the Partner as a Player, such visitors must meet the requirements of uniqueness, as well as other conditions established by these Terms. The conditions for qualifying visitors as a Player may differ from the model of cooperation, according to which Partner works and/or which is available to the Partner.
• Commission Fee means remuneration received by the Partner from Bananza for the Players attracted by the Partner to the Seller's website.
• Event means the registration of the Player on the Seller's website, and/or placement by the Player of a deposit, and/or other actions required in accordance with the terms of a specific cooperation model for the Partner to receive a Commission Fee.
• Partner's Website means an Internet site used by a Partner to promote the Seller's Services and/or to attract Players.
• Services means all and/or each separately of the works, services and/or goods/products that the Seller provides/performs/offers/sells as part of its business activities.

General Provisions

As part of our Program, we offer our Partners, solely at their own expense, by posting Referral Links (as the term is defined below) on the Partner Website, to promote the Services and attract visitors to the Seller's websites. Depending on the Cooperation Model (as this term is defined below), according to which it works and/or which is available to the Partner, as well as its conditions, the Partner has the right to receive a Commission Fee for the attracted Players according to the conditions specified in these Terms.

Requirements for Partners

By accessing the Website and/or participating in our Program, you represent and warrant that:

1. you are eighteen (18) years of age or older and/or have the full legal capacity to enter into legally binding relations with us;
2. if the Partner is a legal entity, you are a duly registered legal entity under the law of your country of registration, and your representative accepting these Terms and representing you in relations with us is duly authorized and has all authority to act on your behalf as a Partner;
3. your participation in our Program does not violate any law and/or regulation applicable to you;
4. all documents and information you submit to us are truthful and accurate as of the date of their provision, and
5. you will maintain the accuracy of such information throughout the participation in the Program (the provisions referred to in paragraphs (a) to (e) above collectively Eligibility Requirements for Partners).

You may not use the Website or participate in our Program in case you are an individual and do not have or have limited, or are deprived of full legal capacity and/or cannot assume legal/civil obligations; and/or in case you act as a representative of a Partner which is a legal entity and you cannot enter into and/or do not have the appropriate authority to enter into a legally binding contract with us; and/or you do not conform to our Eligibility Requirements for Partners. You assume all responsibility for your use of our Website and/or participation in our Program.

A violation of any of the Eligibility Requirements for Partners is a material violation of these Terms. Please note and always keep in mind that your participation in our Program may be terminated by us without prior notice if we believe in our sole discretion that you violate the Eligibility Requirements for Partners set forth in these Terms.

Your Account

To participate in our Program, you have to complete our registration form and create an account/ profile on our Website (Account). We allow our Partners to register only one Account with us. If we found that you have multiple accounts (using same or similar names, address, telephone, e-mails, same or similar dynamic IP address, computers or other devices, the same payment details, including those registered through representatives, relatives, partners, affiliated and/or related, and/or third parties acting on your behalf) your Account shall be terminated immediately, and your participation in the Program and the Terms (agreement) shall be terminated from the moment we notify you of this (regardless from the notification method).

When creating your Account, you must provide us with true, current, accurate, and complete information about yourself. In particular, in your registration form, you must provide your legal full name, email, home address, birth date and place of birth, your nationality, number and issue date of your ID document, and any other information requested in the registration form in order to complete the Account registration process.

You are solely responsible for any activity that occurs on your Account, including the activities of others, and regardless of whether such activities are authorized by you, and you are solely responsible for keeping your Account password secure. Please note that you may change your password at any time.

Your Login and Password

During the registration of the Account on our Website, we will ask you to choose an email (as a login) and a password. Choose your login and a password carefully to ensure the security of your Account.

We may also refuse to accept your email (login) if it belongs to another person, may be deemed illegal, vulgar, or otherwise offensive, or may cause confusion/ misleading with another Partner's Account, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your email (login) and a password and agree not to transfer or resell your use of or access to the Website/our Program to any third party. You are solely responsible for keeping your Account password and email (login) secure.

PLEASE NOTE THAT YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR EMAIL (LOGIN) AND A PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

You agree to immediately notify us if you suspect or know of any unauthorized use of your password and/or account or any other breach of security.

Changes to these Terms

We reserve the right to change these Terms at any time. The updated version of the Terms will be effective upon the date of posting unless indicated otherwise in the updated Terms. It is your responsibility to check these Terms periodically for changes. Your acceptance of the Terms by clicking a checkbox (if one is made available to you), or your continued use of the Website and/or our Services after the updated version of the Terms becomes effective constitutes your binding acceptance of the updated version of the Terms. If you do not agree to any updated version, you must immediately terminate your use of Services and/or discontinue your use of the Website.

We may also, in the future, offer new services and/or features through the Services (including, the release of new tools, features, and/or resources). Such new features and/or services shall be subject to the terms and conditions of these Terms.

Partner Service Promotion Activities

Please note that you are solely responsible for the content and/or manner you conduct your marketing activities to promote the Services. All marketing activities must be professional, proper, and comply with applicable laws and/or regulations applicable to you.

You represent and warrant that you will not promote the Services in any manner, or use any media or other medium, which is libelous, discriminatory, obscene, unlawful, or otherwise unsuitable or which contains:

1. Prohibited Content, in particular:
   1. materials containing hate speech, as well as discriminatory and/or derogatory, and/or xenophobic statements against a person and/or a group of persons on the basis of race and/or ethnicity, religion, sexual orientation, gender, gender identity, age, disability, nationality, fighting participant status or other grounds that could lead to systematic discrimination or marginalization;
   2. materials containing threats, as well as promoting the infliction of physical and mental harm to oneself or other persons;
   3. materials aimed at exploiting other people;
   4. materials that contain harsh language, shocking or obscene, in our sole discretion, images;
   5. materials containing profanity or obscene language
   6. any shocking and/or frightening content;
   7. content designed to benefit from natural disasters, conflicts, deaths, or other tragic events, and also demonstrating a cynical attitude towards such events;
   8. materials promoting and/or containing cruelty to animals;
   9. and etc.
2. Content and/or materials that violate rights, including copyright and/or other intellectual property rights of third parties.

This list is not exclusive and the availability of any material/content on the Partner's Website, as well as its qualification as prohibited and/or as such that contradicts these Terms, is carried out solely at our sole discretion.

Please note that we never control, review, monitor, or supervise the content contained at the Partner's Website and is not responsible for any content that appears or is distributed via the Partner's Website and/or that are in your use/management.

However, if discovered by us, and/or if we have reasonable grounds to believe that the Partner's Website(s) and/or websites used/operated by the Partner contain any materials and/or content violating these Terms, we may terminate your participation in our Program unilaterally without prior notice. In this case, your participation in the Program shall be terminated, and these Terms (agreement) terminated from the moment we notify you (regardless of the method of notification).

Our Materials

Subject to the terms and conditions of this Terms, and limited solely to the extent necessary to participate in our Program, we hereby grant the Partner a limited revocable non-exclusive and non-transferable license (License) to access, use and place on Partner's Website(s) promotional materials (Materials) owned by Bananza and use them solely for advertising and promoting Seller's Services. Upon termination of the Terms and Partner's participation in the Program, this License will terminate and Partner should immediately delete from the Partner Websites all Materials and the materials referred to our licensors’ intellectual property.

We may require you to replace and/or remove any part of the Materials provided to you, as well as all Materials as a whole.

The Partner is not allowed to change the file names, design logos, names, banners and other Materials of Bananza and/or our licensors, as well as use the Materials for purposes other than those specified in these Terms. The Partner agrees that any changes will be considered a material breach and violation of these Terms and our licensors’ intellectual property.

Any information regarding us that will be displayed/posted on the Partner's Website must be provided by Us and expressly approved by us in advance of any display. The Partner agrees to notify Bananza about all ‘website’ locations where Bananza and/or our licensors’ Materials have been published. The Partner also agrees that failure to notify Bananza of the location is considered a material breach of these Terms and violation of intellectual property rights of Bananza and/or our licensors.

Referral Links

After you register an Account, we will make available to you a variety of graphic and/or textual links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), which are subject to the terms and conditions hereof. Links will be made available to you (generated) in Partner`s Account upon your registration into the Program. The Links will serve to identify you as a member of our Program. The Links may connect to any area of Seller Website(s). By participating in our Program, you agree that you shall not make any changes to the Referral Links provided to you without our prior consent.

We will not be liable for or errors that occur in the tracking of transactions and/or visits by the Players of Seller Website(s) if the Partner has made or caused any such modification.

Commission Fee Payment Restrictions

In addition to other provisions specified in these Terms, the Partner is not entitled to receive a Commission Fee provided that the Events stipulated by the terms of a particular cooperation model, applicable and/or available to the Partner, are the result of fraudulent activity, violation by the Partner of the terms of these Terms which shall be determined by Bananza at our sole discretion. In particular, potential fraudulent activity includes, but not exclusively, the following cases:

• Multiple Events on behalf of different Players have been made from a single IP address;
• Registration of two or more accounts/profiles in the Seller's system for the same Player;
• Registration by the Partner of one or several accounts/profiles in the Seller's system in his own name, using his own referral link;
• Encouragement by the Partner of the Players in any form (cash, cashback, etc.) for completing Events on the Sellers’ websites;
• Multiple or sequential Events were carried out under different names and/or with variations of the same name and/or derivatives thereof, using the same payment method, IP address, etc.;
• The Player has an IP address that matches the Partner's IP address;
• use of email spam as a tool to promote the Services of the Seller s);
• providing visitors with false (misleading) information about the Seller and/or its activities; urging visitors to register duplicate accounts/profiles on the Seller websites; offering/promoting the Seller's Service to minors;
• use of domains with copies of the Sellers' websites to promote the Seller's Services;
• use of any fraudulent ways to get traffic, cheat visits, registrations and deposits, "cookie stuffing", click fraud ("clicks"), etc.
• atypical number (two (2) or more) of cancellations and/or refunds of payments of Players attracted by the Partner;
• change the referral links provided by us in any way.

Please take into account that in order to check the compliance of the Partner's activities with these Terms, we may request the sources of traffic from the Partner. Bananza has the right to unilaterally terminate Partner's participation in our Program and these Terms (agreement) with such a Partner if the Partner refuses to provide these sources.

The Partner is required to indicate:

• For websites - URL-address;
• For media or arbitrage traffic - an example of an advertisement and a screenshot of an advertising cabinet;
• For email newsletters - add the mail aff(@)bananzaaffiliates.com to the mailing base and show the text and template of the letter;
• For publications on social networks, channels for streams or mobile applications - links to them.

We reserve the right at any time to suspend the payment of the Commission Fee for an indefinite period and/or cancel the payment of the Commission Fee as such, if, at our sole discretion, there is reason to believe or suspect that the Partner's actions in promoting the Services and attracting Players have signs of the fraudulent activity described in this Terms, and/or suspect the existence of a potential violation by the Partner of any provisions of these Terms. We also reserve the right to deduct from the current and/or future payments of the Commission Fee any amount of the Commission Fee accrued in favor of the Partner for actions in violation of these Terms.

It is the responsibility of the Partner to monitor the payment, denial, and withholding of Commission; we are not obligated to actively notify Partners of the status of Commission Fee. If a Partner has a question about a Commission Fee that has been canceled or withheld, that Partner has thirty (30) days from the day the payment was due to contact Bananza to discuss or reclaim the Commission Fee. Any changes to decisions about canceled or withheld Commission Fees are strictly at our sole discretion.

Commission Plans

As a member of our Program, you shall be entitled to receive a Commission Fee for the referred/attracted Players, in accordance with the terms of the Cooperation Model (as this term is defined below), applicable and/or available to the Partner.

Cooperation models under our Program (Cooperation Models) are as follows:

1. Revenue Share means the cooperation model which stipulates the payment of a share of net income from the referred/ attracted Players. At the same time, net income means the amount of bets of the attracted Player minus the amount of winnings, bonuses, and commissions of gaming providers, as well as payment systems.
2. CPA (Cost per Action) means the cooperation model which stipulates a form of payment where the Partner receives a Commission Fee for registering a new Player who first came to the Seller's website via the Partner referral link and passed the qualification. Qualification is considered to be the making of a deposit by the Player of at least the amount. Agreed separately with the Partner.
3. Sub-Affiliate Income means the cooperation model which stipulates the form of payment where the Partner receives a Commission Fee in the amount of a share of the Revenue Share income from the Partners directly attracted by this Partner.

Player Identification

We identify the Player through/by placing a cookie on the Player's device when the Player visits the Seller's website via the Partner's referral link. When determining by what Partner the Player was attracted to, we take into account the last cookie-file placed on the Player's device. In this case, the cookie is placed on the Player's device for a period of thirty (30) days.

Player Eligibility Criteria

The Partner is entitled to receive the Commission Fee for the attracted Player only if the latter meets all of the following criteria (Player Eligibility Criteria):

• Each attracted Player is a new and unique visitor to the Seller's websites and has to register in the Seller's system by completing and submitting the appropriate registration form using valid and up-to-date personal data and payment/billing information. The uniqueness of the Player is determined by us at our sole discretion by a combination of certain features, in particular: unique IP address, unique cookies, and browser, unique device, etc;
• Provided that the Cooperation Model provides for such a provision, each attracted Player must place a game deposit for the appropriate amount in order to receive the Seller's services. This Eligibility Criterion is considered fulfilled if the Player's payment for placing a game deposit is completed, is not subject to a refund, cancellation, or chargeback (including upon the Player's application/claim to the bank issuing the corresponding debit/credit card), is not suspended or returned to the Player;
• Each Player must be attracted to the Seller's site in a manner that, in our sole opinion, definitively establishes that the Player was referred directly from you to the Seller website(s) under this Terms.
• Each attracted Player must remain in compliance with the Terms and Conditions of the relevant Seller website, Privacy Policy, and other policies that are active at the time the Commission Fees are processed.

Terms of Payment of the Commission Fee

If the reporting period for paying the Commission Fee is a calendar week, the Commission Fee for the Players attracted during the previous reporting period shall be paid from Monday till Wednesday. Within the cooperation with the Partners, we can set forth different reporting periods and dates/terms of payment of the Commission Fee.

Commission Fee shall be paid only if the Partner's Account has a positive balance on the day the Commission Fee is paid. Commission Fee to new Partners (with a cooperation term three (3) months or less) or to Partners whose attracted Players demonstrate, at our sole discretion, suspicious activity, may be postponed for the period necessary to verify the sources of online traffic. The period required for such verification shall be set by our sole discretion on a case by case basis, but no more than ninety (90) days.

Commission Fee shall be paid only if the Partner's Account has a balance of fifty (50) US dollars (USD) or more, or the equivalent in another currency according to the currency rate set by the bank and/or payment institution we work with on the day of payment.

The cancelation of a negative balance on the Partner's Account shall be made not more than one (1) time per calendar month and shall be for an amount not exceeding five hundred (500) US dollars (USD), or the equivalent in another currency, according to the rate set by the bank and/or payment institution we work with, on the day of the write-off. If the amount of the negative balance on the Partner's Account is more than the specified amount, the remainder is carried over to the next calendar month and remains on the Partner's Account balance. Specific conditions can be checked with our manager.

Our Relationship with You

These Terms are not aimed at and are not intended to create a joint venture, partnership, or any other association between us and the Partner. Also, these Terms shall be construed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us and the Partner. These Terms do not give you any authority to act and/or represent us in any way.

You have no right to distort the relationship between you and Bananza, and/or represent such a relationship as one that (a) creates any degree of connection affiliation between you and us, (b) gives you the opportunity/right/authority to represent us and/or act on our behalf, including enter into any legal relationship with third parties, and/or create any obligations for us, including monetary nature.

Although we do not ask the Partner to identify himself on the Partner Websites as a participant in our Program, the Partner should not initiate/organize any advertising and/or marketing campaigns, events that indicate us and/or imply any relationship or affiliation between us, including but not limited to marketing materials, press releases, offline print ads and/or marketing campaigns, graphics, etc. Any of these actions will be considered the basis for the immediate termination of your participation in our Program and termination of these Terms (agreement) from the moment we notify you of this (regardless of the method of notification).

Your Privacy

As a data subject, you have certain rights to your personal data which we collect, store, and process about you. When handling your requests on this matter we also may ask for additional information to confirm your identity and your request. More detailed information about your rights as a data subject you may find in our Privacy Policy which you may find on our Website.

We treat your privacy very seriously, so you may be sure that any information provided by you will be treated as your "personal data" and shall be collected, stored, and processed strictly in accordance with our Privacy Policy.

Website Content. Proprietary Rights. License. Updates

"Website Content" means all information, graphics, logos, text, images, software, sound files, video, communications, and other materials (including all metadata associated with any content) that Bananza and/or its licensors provide to you on the Website and/or during participation in our Program. Bananza and/or its licensors own all Website Content, including the selection and arrangement of the Website Content. Bananza and/or its licensors own all legal rights, title, and interest in and to the Website domain name, Website Content, and any software (including updates and upgrades thereto) provided to you as part of or in connection with your use of the Website and/or participating in our Program, including any and all intellectual property and other proprietary rights. We grant you a personal, non-exclusive, non-transferable, limited license to use our Website, Program, and Website Content (including updates and upgrades thereto) in accordance with the Terms. We may from time to time update Website and/or Website Content. These updates may include bug fixes, feature enhancements, improvements, or new versions. You hereby agree that we may automatically deliver these updates to you.

Feedback

You agree that, if you submit or provide suggestions for improving our Program ("Feedback") to the Company, by the act of submission or suggestion you effectively irrevocably assign to us all right, title and interest throughout the world in the Feedback without the right to any compensation or royalties from us and, to the extent allowed by applicable law, you waive any moral rights you may have in the Feedback. Further, you effectively irrevocably waive and agree never to assert any claims against us or any of our successors in interest with respect to the Feedback you submit or provide to us. You also agree that this assignment and waiver will be effective without the need for any further action or execution of any further document by you.

Testimonials

We post Partners’ testimonials about the Program on our Website which may contain personal information (your photo, first name, or initials). Your testimonials consist of any of your suggestions, comments, or other feedback, whether it is required or provided on a voluntary basis, relating to the Website and/or Services ("Testimonials"). If you provide us with your Testimonials, as part of your use of the Website and/or Services, you agree that:

• we may freely use, disclose, reproduce, license, distribute and otherwise commercialize your Testimonials in any of our services, specification, or other documentation;
• you provide us with your consent to post your photo, first and last name/initials along with your Testimonial on our Website; and
• you will not give us any Testimonials that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party.

If you wish to request the removal of your Testimonial you may contact us at aff(@)bananzaaffiliates.com.

Certain Restrictions

As part of your participation in our Program, you are subject to the following restrictions:

• you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Program or our intellectual property (including the Website);
• you shall not frame or utilize framing techniques to enclose any trademark, logo (including images, text, page layout, or form) of the Company;
• you shall not use any metatags or other hidden text using Company name or trademarks;
• you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Program, including the Website and/or our intellectual property (including the Website);
• you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to scrape or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
• access the Program in order to build a similar or competitive website, application, or service;
• except as expressly stated herein, no part of the Program may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and
• you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Program, our Website, or other sources like correspondence with us.

Term

These Terms will remain in full force and effect while you participate in our Program and have an active Account. We may terminate or suspend access to our Program immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

Upon termination, your access to our Program will immediately cease.

Language

You hereby agree that the Terms and Conditions have been prepared in English and to the extent any translation of these Terms and Conditions is necessary, such interpretation must be consistent with the English meaning of these Terms and Conditions. In any case, the English version shall prevail.

Disclaimer of Warranty

We will attempt to provide you with access to our Program at all times, except for limited periods for maintenance and repair. However, the Program and the Website may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited, or curtailed. Delays or omissions may occur. We are not responsible for data lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Website and/or Program. We may impose usage or Program limits, suspend your access to our Program, or block certain kinds of usage at our sole discretion to protect users, our Programor the Website.

Your use of the Website and our Program is at your sole risk. The Website, all Website content, and the Program are provided on an as is and as available basis, without warranties of any kind, express, statutory, or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, custom, trade, quiet enjoyment, non-infringement, availability or accuracy of information. We do not warrant that the Website and/or Program will be available, will meet your requirements, or will operate in an uninterrupted, error-free, or completely secure manner or that errors or defects will be corrected. We do not make any representations, warranties, or conditions regarding the use or the results of the use of the Website and/or Program, in terms of their accuracy, reliability, timeliness, completeness, or otherwise.

Some jurisdictions may not allow the exclusion or limitation of implied warranties or conditions or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such an event, our warranties and conditions with respect to the Website and Program will be limited to the greatest extent permitted by applicable law in such jurisdiction.

Governing Law. Jurisdiction

These Terms shall be governed by, and construed in accordance with, the laws of Malta, without reference to its choice of law rules. Notwithstanding the foregoing, you agree that Company shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.

Limitation of Liability

Under no circumstances will Company, its affiliates, employees, agents, representatives, licensors, or other third-party partners be liable to you or any other person for any indirect, incidental, punitive, special, exemplary, or consequential damages arising out of the use, inability to use, or the results of the use of our Services or Website, whether based on warranty, contract, tort (including negligence), or any other legal theory; including without limitation damages resulting from lost profits, lost data, loss of business or business interruption, whether direct or indirect, arising out of the use, inability to use, or the results of the use of our Services and/or our website, whether based on warranty, contract, tort (including negligence), or any other legal theory. Your sole and exclusive remedy under these Terms shall be for you to discontinue your use of the Website and Services.

The company total cumulative liability shall in no event exceed the amount of one hundred (100) EURO.

Some jurisdictions may not allow the exclusion or the limitation of liability. In such jurisdictions, the Company liability to you shall be limited to the full extent permitted by law.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from any claim or demand, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees), arising out of or relating to (i) any violation of these Terms by you; (ii) your violation of any rights of another; or (iii) your use of the Website and/or Program. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.

Force Majeure

We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations, which are affected by that Force Majeure Event for so long as the event continues.

Contact Us

If you have any questions about these Terms, you can contact our support team at:

aff(@)bananzaaffiliates.com