It is hereby clarified that Affiliate shall not be entitled to market to potential Traders on any internet site or social network on which Company promotes any of the Site s e. In the event that Affiliate is in breach of the foregoing provisions, Company reserves the right to terminate this Agreement immediately and render the Tracking URLs assigned to Affiliate inoperative and Affiliate shall have no claims against the Company, its directors, officers, shareholders or employees in respect of such action taken by the Company.
Company and Affiliate are independent contractors, and nothing in this Agreement creates any partnership, joint venture or agency relationship between them, grants to Affiliate authority to make any representation on Company's behalf or make public any information regarding Company, or prohibits Company from operating websites that are similar to or compete with Affiliate's website. Affiliate declares that by accepting this Agreement it consent to, the Company sending, and it receiving, by means of telephone, facsimile, SMS or e-mail, communications containing newsletters, notifications and any other content of a commercial nature relating to the Site s and related services.
Company may modify any of the terms of this Agreement including without limitation the terms of the Affiliate Fees at any time s and in its sole discretion, upon posting notice on the Site s. Affiliate's sole remedy if such modification is not acceptable to it, is to terminate this Agreement. This Agreement shall be governed by the laws of the St.
Affiliate agrees to submit to the sole and exclusive jurisdiction and venue of the applicable courts in the St. Hai un sito, un blog, un gruppo su un social network, un canale su Youtube? Unisciti a noi Informazioni sul contatto fxclub. The uniquely assigned account that is created for each Trader when it completes an account application at any of the Company's Sites and is approved by the Company.
A person or entity that received confirmation from the Company, at the Company's sole discretion, that it has successfully completed the Program Participation Form, that it is included in the Program and that it has received a Tracker ID linked to the Site s in accordance with the terms of this Agreement. The area of the Site s where each Affiliate may review the Report, register Referred-Affiliates, update their profile, create additional Tracker IDs, select Banners and Text Link and other additional functions.
Banner and Text Link: Such incentives awarded or given to Traders from time to time to encourage their activity as a Trader. The Financial Services Centre, P. An Affiliate compensation plan where Affiliate shall be receive its Affiliate Fee according to the number of Qualified Traders referred by it to the Site s , registered via web terminal and the Affiliate Fee as shall be specified on the Affiliate Section, as updated from time to time at the Company's sole and absolute discretion.
Any deposits, Gross Revenue or traffic generated at the Site s through illegal means or in bad faith to defraud the Company, regardless of whether or not it actually causes harm to the Company. Fraud Traffic includes, but is not limited to, Spam, false advertising, deposits generated by stolen credit cards, collusion, manipulation of the service, system, bonuses or promotions, offers to share the Affiliate Fee directly or indirectly with Traders, and any other unauthorized use of any third party accounts, copyrights or trademarks.
The aggregate Spreads revenue actually received by the Company from each Trader directed by an Affiliate and identified by a Tracker ID assigned to such Affiliate or identified by entering a sign up bonus code assigned to such Affiliate registered via web terminal solely as a result of activity by the Trader on the Trading Platform, less any Bonuses given to the Trader, charge backs, or any un-collectable revenue attributable to the Trader. Any material used by an Affiliate in order to promote any activity related to the Company or the Site s , including Banners, Text Links and any other promotional material that an Affiliate subsequently uses or develops to refer or hyperlink Traders from the Affiliate's website to the Site s.
A registration form located at the Site for the participation in the Program. A human user who was directed by an Affiliate and identified by a Tracker ID assigned to such Affiliate or identified by entering a sign up bonus code assigned to such Affiliate; registered via web terminal, provided that: It is hereby clarified that neither an Affiliate nor any of its Affiliated Parties are eligible to become Qualified Traders under such Affiliate's Tracker ID s , and should Affiliate or any of its affiliated parties do so register, Affiliate will not be eligible to receive the applicable commission or any other compensation whatsoever.
For the purposes hereof, the term "Affiliated Party" shall mean any of the following: Information regarding the Affiliate Fees, Trader tracking and other information relevant to the Affiliate provided by the Company to the Affiliate in the Affiliate Section. An Affiliate compensation plan where the Affiliate Fee payable to Affiliate is calculated as a percentage of the Gross Revenue attributed to such Affiliate. Spam or Unsolicited Promotions: Any emails or any other messages that are circulated by Affiliate, directly or indirectly, including messages that are posted on social media networks, newsgroups, forums, chat boards and other types of online media and which: The difference between the Buy price and the Sell price of a certain instrument at the time the Trader opens a position on the Trading Platform.
Any person or entity which Affiliate referred to this Program as a referrals, and such entity or person was approved by the Company. The unique Tracking ID, which is related to the Tracker URL or sign up bonus codes that the Company provides exclusively to the affiliate, through which the Company tracks and calculates Affiliate Fee.
A unique hyperlink to the Site s enabling an Affiliate to refer potential Traders to the Site s , and enables Company to identify the Affiliate that has referred such specific Trader for the purpose of calculating the Affiliate Fee. Any user of the Trading Platform. The technologies providing the Company the opportunity for provision of services on the international financial market and dedicated for online trading, allowing participants to trade online either for fun or for real money, and including the Company's billing, support, retention and promotion services and activities.
In order to register an account, Partner fills a registration form on the website of affiliate platform www. Partner accepts all conditions of this agreement. Subject to any applicable regulation and the Company's approval, the applicant shall choose a Compensation Plan on the Affiliate Participation Form. An Affiliate may not change the elected Compensation Plan. The Company may change an Affiliate's Compensation Plan, at any time and at its sole and absolute discretion, by sending such Affiliate a notice to such effect by e-mail.
In the event Affiliate does not agree to such change, it shall notify the Company by return e-mail within three 3 days of receiving such notice from the Company, and the Agreement shall terminate immediately.
In the event Affiliate does not notify the Company within three 3 days from the notice, it shall be deemed as an approval by the Affiliate to such change in the Compensation Plan.
It is hereby clarified that Affiliate will continue to receive payment with respect to Traders identified by a Tracker ID prior to the date of any such change in the Compensation Plan, in accordance with the applicable Compensation Plan at the date such Traders registered to the Site s. The Affiliate shall bear all costs and expenses of any nature whatsoever incurred in connection with this Agreement.
Under no circumstances shall the Company be liable hereunder for any amounts other than the Affiliate Fee. The Affiliate Fee shall be calculated as follows: The Affiliate Fee shall be that percentage of the Gross Revenue of the Traders referred by and tracked to such Affiliate.
The percentage shall be specified on the Affiliate Section as updated from time to time at the Company's sole and absolute discretion. The Affiliate Fee for each Qualified Trader that was registered via web terminal only referred by an Affiliate to the Site s shall be specified on the Affiliate Section, as updated from time to time at the Company's sole and absolute discretion.
The Company shall track Traders' who were registered via web terminal only activity for the purpose of calculating the Affiliate Fee and such information shall be available to the Affiliate in the Affiliate Section. The Affiliate Fee shall be paid on a monthly basis in accordance with the information set forth in the Report. The company shall not pay for the Fraud Traders.
If the Company noticed any fraud activity from the trader from whom payment to the affiliate was already made, the company shall deduct paid amount from the affiliate. Affiliate Fees by the Company shall be made in any currency and method as may be determined by Company, in accordance with the Company's policy and subject to applicable law.
Charges for wires or courier charges for checks will be covered by Affiliate and deducted from the Affiliate Fee. Affiliate Fee in relation to new Qualified Traders will be made only following Company's verification and checks concerning all new Traders in accordance to the requirements of any applicable law and the Company's internal verification process. Notwithstanding the forgoing, the Company may, at its sole and exclusive discretion, withhold, delay or deny payment of the Affiliate Fee in any of the following events: Affiliate hereby irrevocably waives any claim or demand against the Company, its directors, officers, shareholders, employees or against the Site s in respect of such action taken by Company.
Holdover for Fraud Traffic. Notwithstanding the forgoing, in the event that any activity in Affiliate's account, or in any account which appears to be controlled or managed by the Affiliate, is deemed suspicious by the Company at its sole determination, the Company may at its own discretion delay payment of the Affiliate Fee to the Affiliate for up to one hundred and eighty days in order to verify the relevant transactions.
In the event that the Company determines the activity constitutes Fraud Traffic, the Company shall recalculate or withhold the Affiliate Fee accordingly and in its sole discretion. Without derogating from the forgoing in Section Above, it is hereby clarified that in any event that the Company determines that Affiliate is involved, whether directly or indirectly, in any fraudulent, deceptive, manipulative or otherwise illegal activity connected to the Company, including without limitation to the Site s , Account s , Bonus es , Qualified Trader s , Referrals s the Company shall have the right, in addition to any other right or remedy available to it under this Agreement or applicable law, to render the Tracking URLs assigned to such Affiliate inoperative, and immediately block Affiliate's access to the Program, with no compensation to Affiliate.
Affiliate represents that it is aware and agrees that upon signing up as a Trader, each Traders must link through a Tracking URL or enter a sign up bonus code provided to it by the Affiliate to enable the Affiliate and Sub-Affiliates, if applicable to receive Affiliate Fee in relation to such potential Trader s.
In no event shall the Company be liable, and Affiliate specifically waives any claim or demand for failure of Affiliate, Referred Affiliate, Referrals or any Trader to use the Affiliate's Tracking URL or for any potential Traders' failure to properly enter a sign up bonus code.
Affiliate is not allowed to: In particular, Affiliate shall not use: No Agency, Partnership or Joint Venture. It is expressly understood and agreed that neither this Agreement nor anything in it shall constitute or be deemed to establish a partnership, agency relationship or joint venture between Affiliate or any of its offices, employees or agents and Company or any of its offices, employees or agents.
Consequently, neither Affiliate nor any of its offices, employees or agents shall hold themselves out to others including, without limitation, prospective customers as having any relationship with the Company other than as specifically set forth in this Agreement.
Furthermore, neither Affiliate nor any of its offices, employees or agents shall be authorized to make representation or take any other action whatsoever on behalf of Company.
In performing this agreement, Affiliate will have no authority to bind Company in any way and will make no representation to prospective customers or other persons relative to Company or its FX trading operations other than as expressly authorized by this agreement or otherwise in writing by Company.
Deposit of payment check, acceptance of payment transfer or acceptance of other payment by Affiliate will be deemed full and final settlement of Affiliate Fee due for the calendar month indicated. Hence, if Affiliate disagrees with the Reports or amount payable, Affiliate should NOT accept payment for such amount and immediately send the Company a written notice of its dispute.
Dispute notices must be received by the Company within thirty 30 days of the end of each calendar month for which payment is made, or Affiliate's right to dispute such Report or payment will be deemed waived and Affiliate shall have no claims in such regard.
It is Affiliate's sole responsibility to comply with any tax laws that apply to Affiliate Fee, and Affiliate consents that to the extent required by applicable law and regulations, Company may provide information regarding Affiliate's Fee to any government agency. Affiliate shall provide true and complete information to the Company at all times, as may be requested by the Company from time to time.
The Affiliate acknowledges that it is aware that prior to receiving any Affiliate Fee, the Affiliate must provide the Company with all information as may be requested by the Company, including any information required pursuant to the FCA rules. Such information shall include, but is not limited to, the following: Prior to the Affiliate's use or amendment of any Marketing Materials, the Affiliate shall submit a sample to the Company for its review and approval.
The Marketing Material may be used by the Affiliate only upon receiving the explicit written approval by the Company, which may be denied at the Company's sole and exclusive discretion. In the event such approval is granted, the Affiliate agrees and hereby does assign and transfer to the Company, its successors, assignees, or nominees, all of Affiliate's right, title and interest to the materials created and made by or for the Affiliate.
In the event that the Affiliate makes use of any Marketing Material not approved by the Company, the Company shall have the right, in addition to any other right or remedy available to it under this Agreement or applicable law, to render the Tracking URLs assigned to such Affiliate inoperative, and immediately block Affiliate's access to the Program and deny any Affiliate Fee, with no compensation to Affiliate. Affiliate hereby irrevocably waives any claim or demand against the Group, its directors, officers, shareholders, employees or against the Site s in respect of such action taken by Company.
All Affiliate activities must be professional, proper and in full compliance with applicable laws and the Affiliate will be solely responsible for the content and manner of its activities. An Affiliate and its website, to the extent the Affiliate operates through a website, may not be engaged, directly or indirectly, in conduct that the Company, at its sole discretion, deems to be illegal, improper, unfair or otherwise adverse to the operation or reputation of any of the Site s or detrimental to other users of the Site s , including without limitation, directly or indirectly: The Company shall have the right, in addition to any other right or remedy available to it under this Agreement or applicable law, to render the Tracking URLs assigned to such Affiliate violating the restriction herein as inoperative, and immediately block the Affiliate's access to the Program, with no compensation to such Affiliate.
In order to participate in the Program, Affiliate must be of 18 years or older. Affiliate may not actively target marketing to any persons who is under the age of 18 years old, or under the age of majority in the territory where the Affiliate is operating, if older. No Competitive Marketing It is hereby clarified that Affiliate shall not be entitled to market to potential Traders on any internet site or social network on which Company promotes any of the Site s e.
Links; Trademarks and Logos; Data Ownership Affiliate, and anyone on Affiliate's behalf, shall not assert the invalidity, unenforceability, or contest the ownership of any of the Company Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice the Company's rights in the Company Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
Except as explicitly permitted herein, nothing in this Agreement or on any of the Site s , should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Company Marks. All Traders shall be considered as customers of Company only. The Company shall be the sole and exclusive owner of the database of names and contact information and any other data of all Traders, including Traders identified by a Tracker ID. Affiliate further agrees that Company may access information from or about visitors to Affiliate's website, and may use such information for any purpose.
No Warranties; Indemnification Affiliate agrees to indemnify, defend and hold harmless the Company, its directors, officers, employees, service providers and suppliers from and against any and all liability, claims, costs, expenses, injuries and losses, including reasonable attorneys' fees and costs, arising directly or indirectly in connection with Affiliate's operations or website or out of any disputes between Affiliate and any other party relating to this Agreement, the Site S , the Affiliates activity or to services provided by Company.
Termination This Agreement will take effect when Affiliate indicates its acceptance of this Agreement on the enrollment form and shall continue until terminated in accordance with the terms hereof. Company may terminate this Agreement at any time, with or without cause, by giving Affiliate a seven 7 day prior written notice by email or by posting a notice on the Site s by Company if Company terminates this Agreement with all of its Affiliates , except if Affiliate violated any of the terms of this Agreement, in which case termination will be effective immediately.More...