AFFILIATES TERMS OF USE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBMITTING THE REGISTRATION FORM.
By completing the Registration Form of the Program and by clicking the box entitled “I have read and agree to be bound by the Agreement of the Program and the Terms and Conditions therein” as set out in the Registration Form, you hereby agree to, subject to your application being approved by the Company, enter into a binding contractual relationship with the Company, and abide by all the terms as set out in the relevant Agreement on a continuous basis.
1.1 Unless the context indicates otherwise, the following terms and expressions shall have the following meanings in these Terms:
“Affiliate” refers to the applicant or recommendation, who has been accepted by the company to take part in the referral program and who, by joining the program, agrees to be bound by the conditions of the agreement; affiliates are also customers. If you are not a customer, you cannot be an affiliate.
“Affiliate ID/Code” refers to the distinct tracking ID that matches the Tracking Code that the Company alone gives to the Affiliate and used to track and determine the Fee and incentives;
“Affiliate Operations Provider” refers to a company that the company has hired to handle the operational needs of Affiliates, Affiliate Service Providers, and prospective Program participants;
“Affiliate Service Provider” refers to a network that matches applicants looking to display affiliate adverts on their own websites is referred to as a “affiliate service provider.”
“Affiliate Web Property” refers to any website, mobile application, social media platform, blog, or other comparable point of presence that the Affiliate is permitted to manage, update, or control and use in order to promote the Affiliate is referred to as “Affiliate Web Property”;
“Agreement” refers to the following: the Registration Form, the Terms, the Fee Plan, the Marketing Materials, the Marketing Guidance, the Forbidden Territories List, and any applicable Sub-affiliate Agreement;
“Applicable Law” refers to all applicable laws, rules, notices, directives, orders, standards, codes, guidelines, practice notes, and guidelines, as well as any publications or instruments released by any pertinent regulatory agency, whether or not they are enforceable by law;
“Applicant” refers to any individual or organization that submits an application to take part in the program;
“Application” refers to an Applicant’s request for participation in the Program submitted to the Company;
“Business Day” refers to any day that banks are open for business that isn’t a Saturday, Sunday, or public holiday;
“Client” refers to any individual who has been accepted as a client of COMPANY and onboarded by one of its members;
“Closed Programme” describes the Company’s program, for which all applicants require approval from both the Company and the Company;
“Commencement Date” refers to the day that an applicant is informed and accepted by the Company as an Affiliate in accordance with the terms of the Agreement;
“Company” refers to www.trademh.net;
“Customer Agreement” refers to any current contract that exists between a client and any member of the COMPANY ;
“Fee/ Commission” refers to the amount due to the Affiliate that is determined in compliance with the Fee Plan using only the information found in the Report;
“Fee Plan” refers to the written agreement that the Company and the Affiliate have periodically agreed upon, outlining the methodology for determining and paying the Affiliate’s fee;
“Forbidden Territories List” refers to the periodically updated list of nations found on the WEBSITE OF THE COMPANY’S AFFILIATES;
“COMPANY Affiliates Website” refers to the www.trademh.net website that the COMPANY occasionally promotes in relation to the Program;
“COMPANY ” refers to the Company and every individual inside its ;
The term “COMPANY System” refers to the software that the COMPANY occasionally uses to oversee the Program;
The definition of “COMPANY Technology” is found within the clause of the Terms;
“COMPANY Website” refers to any website, mobile application, or other client portal that any COMPANY company owns or runs from time to time;
“REWARD” refers to the advantages and profits that could be obtained as a promise to give something away for free, provided that specific requirements are satisfied.
“” refers to a company, that company, any subsidiary ventures, parent ventures of that company from time to time, and any subsidiary undertakings of a parent undertaking of that company. “
“IPR” refers to all intellectual property rights, including patents, invention rights, copyright and related rights, trademarks, service marks, business names, domain names, get-up, goodwill, and the ability to sue for passing off, rights in designs, rights in computer software, rights in databases, and the ability to use and maintain the confidentiality of confidential information (including trade secrets and know-how) and all other rights, whether registered or unregistered, including all applications and rights to apply for and be granted, renewals or extensions of, and the right to claim priority from, such rights and all analogous or comparable rights or forms of protection that exist or will exist in the future in any part of the world;
“Marketing Guidance” refers to the marketing policies that control how an Affiliate uses the Marketing Material and are posted on the COMPANY Affiliates Website; these policies may be changed or modified at any time.
“Marketing Material” refers to any marketing or promotional content that a member of the COMPANY provides to the Affiliate in order for the Affiliate to use it to direct users to the COMPANY Website; examples of such content include banners, text links, images, and other promotional items that a member of the COMPANY provides to an Affiliate for marketing and promotional purposes;
“Newly Qualified Client” refers to a person or organization that was referred to a COMPANY Website by an Affiliate, is recognized by an Affiliate ID, has been accepted as a client by the COMPANY , has fulfilled the requirements for qualifying that are periodically outlined in the Fee Plan, and whose trading account with the COMPANY is not in default or dispute;
“Programme” refers to the affiliate scheme that COMPANY runs in line with the terms of the agreement;
“Registration Form” refers to the Program’s online application form, which is accessible on the COMPANY Affiliates website and may be updated periodically;
“Report” refers to the report that will be generated by the COMPANY and made available on the Affiliate’s password-protected portion of the COMPANY Affiliates Website, explaining how the Fee was calculated for the applicable month;
“Spam or Unsolicited Promotions” refers to any emails or other communications that the Affiliate disseminates, whether directly or indirectly. This includes postings on newss, chat rooms, and other online forums, and which
(a) Are intended for those who have not indicated or granted permission for the Affiliate to send them promotional materials;
(b) Make inaccurate or deceptive claims;
(c) Falsely state where the IP address originated or came from;
(d) Don’t give the receiver the simple option to “unsubscribe” from receiving communications or promotions in the future; or
(e) Are forbidden by applicable law that deals with SPAM.
“Sub-affiliate” refers to any individual or organization that was introduced to the Program by an already-existing Affiliate, has been granted approval by the Company to become an Affiliate, and is bound by the terms of this Agreement, with the exception of the applicable fees, which are specified in the Sub-affiliate Agreement;
The agreement between the Affiliate, the Sub-affiliate, and the Company regarding the fees that the Company will pay to the Affiliate and the Sub-affiliate is referred to as the “Sub-affiliate Agreement”;
The phrase “Terms and Conditions or Terms” refers to these guidelines;
“Tracking Code” refers to one or more distinct tracking codes that are assigned to an Affiliate’s account and linked to a COMPANY Website, allowing all referred traffic and earnings from that Affiliate’s Fee Plan to be tracked back to the Affiliate for the purpose of determining the Fee; and
“Trading Platform” refers to the password-protected trading system (as well as any associated software and/or communications link) that the COMPANY may provide to a client, either directly or through the COMPANY ‘s third-party service providers or licensors. Via the Trading Platform, a client may view their trading account and trade online through or with the relevant COMPANY member in accordance with the terms of the Agreement.
1.2 Under these headings:
(a) A person comprises an individual, a business entity, or an unincorporated body, regardless of whether they possess independent legal personality;
(b) Any reference to these Terms includes the appendices; and (c) Appendices constitute a part of the Agreement and shall be deemed to be set forth in full in the body of these Terms.
(c) Words in the singular include the plural and vice versa, unless the context dictates otherwise; allusions to writing or written include electronic correspondence.
2.1 The Affiliate and the Company have entered into a legally binding agreement, which includes these Terms and Conditions. Prior to entering into the Agreement, the Affiliate must review all supporting documents and other terms.
2.2 The Agreement sets forth the terms and conditions of the Program, under which the Affiliate shall receive payments in compliance with Applicable Laws, as well as a Fee or Commission, if any.
2.3 All former terms and conditions, modifications thereto, and agreements made between the Company and the Affiliate are superseded by this Agreement.
3.1 An applicant must first be a member of the program in order to be eligible for consideration. After that, they must send the company a completed Registration Form along with any additional paperwork they may occasionally need.
3.2 The Applicant guarantees that all information submitted to the Company, including but not limited to the Registration Form, will always be true, accurate, and complete.
3.3 By completing the Registration Form, the Applicant acknowledges that the Application is an offer to participate in the Program under the terms of this Agreement, and that the Application is an offer that the Company will accept when it receives it.
3.4 The Application may be rejected by the Company for any reason at its sole and absolute discretion (and the Company is not required to disclose such reasons). Examples of reasons why the Application may be rejected include, but are not limited to, content on the Applicant’s Web Property that:
(a) Is offensive, inappropriate, unlawful, dangerous, threatening, obscene, harassing, discriminating, defamatory, or in any other manner against the law;
(a) Incorporates graphically violent, pornographic, obscene, or sexually explicit content;
(c) Encourages or facilitates terrorism, violence, or any other illegal behavior; or
(d) Violates intellectual property rights (IPRs) owned by any person, or aids or abets in such violations.
3.5 The Company has the final say and reserves the right to reject any Application and terminate any Affiliate’s account in order to uphold the Company’s policies and safeguard the Company’s interests.
3.6 In the event that the Company accepts the Applicant’s Registration Form and enrolls the Affiliate in the Program, the Affiliate will receive instructions from the Company regarding the selection of an Affiliate login and username, as well as an Affiliate ID. The Affiliate agrees to maintain the confidentiality of its login and username, as well as the Affiliate ID details, and no member of the COMPANY shall be liable for any loss resulting from the unauthorized use of the Affiliate ID or account.
3.7 The COMPANY Affiliate Website has the Fee Plan and Marketing Guidance. The COMPANY System dashboard has the Reports and performance information. The Affiliate can update its profile, create additional Affiliate IDs, and access other functions as the COMPANY may from time to time determine at its sole discretion.
4.1 In order to be eligible for the Program, a candidate must:
(a) If the person is an individual, they must be at least eighteen years old and members or customers of any plans they have purchased.
(b) If it is a corporate body, it must be able to enter into the Program and this Agreement within the parameters of its allowed business scope, if applicable;
(c) Possess the necessary competence and authorization to make legally enforceable agreements; and
(d) Not possess a criminal history in either its home or birth country.
4.2 Should an Affiliate be discovered to have violated this clause, the Company retains the right to terminate their accounts, withhold their profits, and award them with prizes.
5.1 Upon being approved as an Affiliate in the Program, provided that the approval is predicated on a substantial reliance on the Affiliate’s agreement, representations, warranties, and undertakings under this Agreement, the Affiliate shall:
(a) In order to optimize the benefits to the Affiliate and the COMPANY, it shall make every effort to actively and successfully market, promote, and advertise the pertinent COMPANY Website and the Trading Platform, pursuant to and in compliance with the Applicable Law and the provisions of the Agreement;
(b) if applicable, obtain and maintain all legal and regulatory authorizations and approvals for the duration of this Agreement, as well as make all necessary filings and registrations, so that it, its officers, and its employers can fulfill all of their obligations under this Agreement in accordance with all applicable laws;
(c) To always follow the company’s marketing guidelines;
(d) For the term of the Agreement, make every effort to display the Tracking Codes on the Affiliate Web Property continuously and in compliance with the Marketing Guidance;
(e) Only utilize the tracking codes that are supplied as part of the program;
(f) Not to alter or modify any Marketing Material or Tracking Codes in any way without the Company’s prior written consent;
(g) in line with the terms of this Agreement, abide by all applicable laws, rules, and regulations with regard to the promotion and referrals to a COMPANY Website; and
(h) Have sole responsibility for all material that appears on the Affiliate Web Property as well as for the creation, management, upkeep, and updating thereof.
5.2 In compliance with the terms and conditions of the Agreement, the Affiliate shall refer prospective Clients to the pertinent COMPANY Website (as determined and informed to the Affiliate by the Company from time to time).
5.3 The Affiliate shall give the Company all assistance and cooperation that it or they may need in order for the Company to fulfill its obligations under Applicable Law. This cooperation may include, but is not limited to, giving the Company all information that it reasonably requests and/or granting such entities access to all of the Affiliate’s facilities, documents, and information systems in connection with the Program.
The Affiliate will behave sensibly and competently, and they will concur:
6.1 to refrain from engaging in any activity, whether direct or indirect, that the Company, in its sole and absolute discretion, deems to be unlawful, fraudulent, improper, unfair, or otherwise detrimental to the operation and reputation of the COMPANY or detrimental to the Program; this includes, but is not limited to, making false statements about facts or implicitly or explicitly implying that the COMPANY has approved, sponsored, or endorsed the statements in question, or that are otherwise inconsistent with the Marketing Guidance;
6.2 Not to include the Tracking Codes on any area of the Affiliate Web Property that might be intended for users who are younger than 18;
6.3 to maintain compliance with reasonable guidelines for the use of any trademarks and intellectual property that the COMPANY may occasionally make available, and to refrain from registering any domain names, keywords, search terms, or other identifiers for use in any search engine, portal, sponsored advertising service, or other search or referral service that incorporate terms that are identical or similar to “COMPANY”;
6.4 not to use SMS, email, pop-over, pop-under, or any other comparable channel to send any unsolicited commercial messages pertaining to any of the COMPANY’s members without the company’s prior written authorization;
6.5 To refrain from releasing any advertisements or disseminating any promotional materials about the COMPANY (apart from the Marketing Material) online or otherwise without the company’s explicit prior written authorization;
The Affiliate shall inform users on the Affiliate Web Property that it is not acting on behalf of the COMPANY or in any other capacity as an agent, partner, or in any other way, and that it is not authorized to bind any member of the COMPANY; 6.6 not to take any action that could reasonably cause any end person to become confused about the relationship with the Affiliate and any member of the COMPANY or about the COMPANY Website on which any functions or transactions are occurring;
6.7 in addition to providing the Tracking Codes in line with the Agreement and any Marketing Material contemplated under this Agreement, not to post or serve any promotional content or advertisements promoting the COMPANY or any COMPANY Website without the Company’s prior written consent; the Company may grant such consent with respect to a single advertisement or with respect to any advertisements that use on a specific media channel (i.e., all posts on a social media channel) in accordance with this Agreement;
6.8 To refrain from attempting to fraudulently raise the Fee that the Company or its representatives owe it;
6.9 not to run the Affiliate Web Property with any inappropriate content on it or to promote it; this includes, but is not limited to, content that is defamatory or libellous, lewd, pornographic, obscene, or explicit, threatening, abusive, harassing, discriminatory, or otherwise objectionable or unsuitable; content that is pirated; content that encourages violence, terrorism, or any other illegal activity; content that violates any third party’s intellectual property rights; and content that could incite hatred or prejudice towards religion or otherwise be in violation of any applicable laws
6.10 to refrain from using the marketing materials or tracking codes on peer-to-peer file sharing websites;
6.11 must refrain from sending out random or unsolicited commercial advertising emails and SMS that mention the program in violation of the relevant SPAM laws;
6.12 Not to include connections to any COMPANY website through guest books, banner networks, counters, unsolicited promotions, or other similar online tools;
6.13 not to utilize Affiliate’s Tracking Code to register as a Newly Qualified Client for its own personal use or the use of its friends, family, employees, or other third parties; any breach of this clause 6.1.13 would be considered fraud;
6.14 to refrain from using any variant of any COMPANY Website address, including misspellings, alterations, or derivatives;
6.15 Do not abuse any technology or marketing materials provided by the company;
6.16 to refrain from providing any form of incentive, payment arrangement for all or a portion of the Fee, or any other form of compensation that can be construed as a “rebate,” “soft dollar,” or “fee sharing arrangement” to any prospective clients, whether directly or indirectly; and
6.17 Other than the Marketing Material, you shall not use any other terminology, trademarks, or intellectual property rights that belong to the COMPANY without the company’s prior written approval.
7.1 For the duration of this Agreement, the Affiliate thus represents, warrants, and undertakes on a continuing basis that:
(a) It possesses the necessary ability and power to execute the Agreement and all related papers, as well as to carry out its duties under the Agreement;
(b) Its obligations under the Agreement will be direct, unconditional, and general, and they will be binding on the Affiliate and will be legally recognized;
(c) The COMPANY has received complete, accurate, and non-misleading information from the Affiliate; and
(d) To enable it to fulfill its obligations under the Agreement, it has obtained and will continue to maintain in force all necessary approvals, filings, authorizations, consents, and licenses; furthermore, it has obtained (or will obtain, as appropriate) and will continue to maintain in force all necessary approvals, filings, authorizations, consents, and licenses; and that none of these are subject to notice of termination or revocation or are implausibly likely to be terminated or revoked.
(e) it must always abide by all applicable laws and conduct itself with all necessary skill, care, and diligence in line with industry standards and applicable laws;
(f) it will familiarize itself with, stay informed about, and ensure compliance with all applicable laws in order to fulfill its obligations under this agreement. In this regard, the Affiliate acknowledges that it is its exclusive duty and responsibility to stay informed about, familiarize itself with, and stay up to date with all applicable laws, and that it may, if needed, hire its own professional advisers to provide legal and regulatory advice on how to carry out its obligations under this Agreement. The Affiliate also acknowledges that it will not rely on any communication from a member of the COMPANY as advice or representation regarding laws, rules, and regulations that may be applicable to the Affiliate;
(g) In the event that the Company is the target of any regulatory or legal action, it will quickly notify the Company;
(h) It must update the information on the COMPANY Affiliate Website and notify the Company of any changes to any information in its Registration Form or other information submitted to the Company that is incorrect, inaccurate, or misleading in any way;
(i) It will not incite or aid clients in violating any provisions of the Customer Agreement; and
(j) It must get permission in advance from the Company for any website it uses to direct users to the COMPANY Website, and it must maintain the accuracy of this information.
8.1 The Company may, in its sole discretion, refuse to permit the Affiliate to use the Tracking Codes on any Affiliate Web Property; the Affiliate shall notify the Company in advance of the Affiliate Web Property where the Affiliate plans to install Tracking Codes for the Company’s approval.
8.2 The Affiliate is solely responsible for making sure it uses the correct Tracking Code, and the Company shall not be liable for any loss incurred as a result of the Affiliate using the Tracking Code correctly. The Affiliate shall incorporate and display the Tracking Codes on the Affiliate Web Property in a manner agreed upon with the Company.
8.3 The Affiliate will help the Company as much as reasonably possible with the tracking codes’ display, access, transmission, and upkeep.
8.4 If the Affiliate wants to use the Tracking Codes on any other electronic media except the Affiliate Web Property, it must first get the Company’s prior written authorization.
8.5 The Affiliate must notify users of the Affiliate Web Property that clicking on the Tracking Codes will result in the installation of tracking technology on their hard drive. Users will also be given the option to refuse this installation.
8.6 The Partner consents not to:
(a) Add keywords to the Affiliate Web Property’s metatag;
(b) Alter, reroute, conceal, or replace how any button, link, or other interactive element of a COMPANY website operates;
(c) other than by virtue of the visitor clicking on a Tracking Code, cause the Affiliate Web Property or any page thereof to open in the visitor’s browser; and
(d) Make an effort to snoop on or reroute traffic coming from any website taking part in the program.
8.7 The Affiliate agrees to prevent any individual or organization listed in the Forbidden Territories List from accessing the Affiliate Web Property or any Tracking Codes at any point.
8.8 If the Company determines that the Affiliate is in violation of any of the Agreement’s terms, the Company may, in its sole discretion, stop the Tracking Codes from working and deny the Affiliate access to the Program.
8.9 The Company may keep an eye on the Affiliate Web Property to make sure the terms of the Agreement are being followed. To that end, you agree to give the Company access to any data and information (including, but not limited to, log-in credentials) that the Company may occasionally request.
8.10 If the Affiliate receives written communication from the Company asking for any content that violates the Agreement to be removed, the Affiliate is responsible for making sure that the offending content is taken down from the Affiliate Web Property within two (2) Business Days of the notice being sent.
9.1 In compliance with the terms of this Agreement, the Company will pay the Affiliate the Fee.
9.2 Affiliates shall not be entitled to object to changes made by the Company in its sole discretion, and the Company may unilaterally alter the Fee Plan at any time and without prior written notice.
9.3 The Company shall compute any fees in accordance with the methodology specified in the Fee Plan. The Company will monitor the activities of newly qualified clients in order to compute fees; this data will be accessible via the COMPANY Affiliates Website and/or the Affiliate Dashboard.
9.4 With respect to the remaining provisions under this clause 9, the Fee/commissions shall be paid in US dollars and in any manner chosen by the affiliate, subject to applicable law; such payment shall be a good and valid discharge of the Company’s obligation to pay the Fee; rewards shall be paid in accordance with the terms of use and the agreement; and rewards shall be paid within thirty (30) days if the minimum of $1,000 USD is reached.
9.5 If, after affiliate subscription is not renewed and becomes null, the aggregate Fee will be cancelled and no Fee shall be payable to the Affiliate and the Company shall be entitled to terminate the Agreement with no liability whatsoever. If the Fee/Commission is less than US$1000, such fee shall be carried over and added to the next month’s Fee until such time as the aggregate Fee equals or exceeds US$1000.
9.6 Should the Affiliate be dissatisfied with the Fee computation as stated in the Report, it must promptly send a written notice to the Company stating that it questions the Fee calculation or the amount payable. The notice must reach the Company within ten (10) Business Days of the date of the dashboard Report; otherwise, the Affiliate’s right to contest the Report or payment will be considered waived, and the Affiliate will have no further claims in this regard. The dashboard provided by the Company is final, and the Affiliate will have to follow and accept it.
9.7 The Fee may only be paid in accordance with and subject to:
(a) Obtaining, to the Company’s satisfaction, any paperwork and data necessary to confirm the Affiliate’s identification and carry out anti-money laundering and other checks on it; and
(a) The conditions outlined in the Fee Plan for a last-click wins model.
9.8 If a newly qualified client does not use the affiliate’s tracking code, there is no fee that needs to be paid to the affiliate.
9.9 The Company may, in its sole discretion, postpone or refuse to pay the Fee indefinitely if:
(a) The Affiliate’s actions, in the Company’s opinion, are violating the Agreement;
(b) The Affiliate neglects to submit the necessary data for the Company’s KYC, anti-money laundering, or other checks;
(c) It learns that any information furnished by the Affiliate is false, deceptive, or erroneous;
(d) It learns of an alleged violation of any third party’s rights by the Affiliate; or
(e) The Affiliate has filed any lawsuits or regulatory actions against the COMPANY.
9.10 Affiliate agrees that, to the extent required by applicable law, the Company may disclose information regarding the Fee to any tax authority, relevant government agency, regulatory authority, or its clients. Affiliate shall be responsible for paying all taxes and other charges related to its receipt of the Fee.
9.11 The Affiliate is responsible for paying all fees and costs associated with the Agreement, including any bank fees associated with the Fee payment.
10.1 By this agreement, the Company grants the Affiliate, or undertakes to procure the grant to the Affiliate, a non-exclusive, non-transferable, revocable worldwide license to use the Marketing Material only for the purpose of redirecting users via the Tracking Codes from the Affiliate Web Property—which the Company has approved as part of the Programme—to a COMPANY Website.
10.2 The Affiliate may not in any manner change or alter the COMPANY’s intellectual property; rather, the Affiliate’s use of the COMPANY’s IPR is only permitted to the degree necessary to create links and carry out the Affiliate’s responsibilities under this Agreement.
10.3 The Affiliate shall seek prior written authorization from the Company if the Affiliate desires to utilize the Company’s intellectual property for any purposes other than those covered by this Agreement.
10.4 In the event that the Company grants its prior written consent, the Affiliate hereby assigns and transfers to the COMPANY all of the Affiliate’s rights, title, and interest in and to any modifications or developments to the Marketing Material. The Affiliate shall at all times comply with the Marketing Guidance.
10.5 The Affiliate consents to and recognizes that:
(A) The COMPANY owns all intellectual property in the COMPANY technology.
(b) Nothing in this Agreement will be interpreted to grant the Affiliate any ownership rights in the COMPANY Technology;
(c) Nothing in the Agreement implies that any IPR that are not owned by the COMPANY is the subject of a license, warranty, or indemnity; and
(d) It won’t attempt to contest the ownership, validity, or enforceability of any intellectual property rights that belong to the company.
10.6 If a claim, demand, or action is made against a COMPANY for any actual or alleged infringement of intellectual property rights that could impact the supply or use of the tracking codes and marketing materials, each party will promptly notify the other party in writing.
11.1 If the Affiliate sends users a communication that includes a Tracking Code, the Affiliate will:
(a) Whenever it is practically possible, identify the Affiliate as the communication’s sender by name and address; additionally, provide the Affiliate’s name and/or logo in the text’s body and provide a way for the receiver to unsubscribe from such communications.
(b) Verify that the recipients of the communication have given their permission to receive it, and the Affiliate will promptly remove from its databases any recipient who requests to unsubscribe from receiving it (either by using the unsubscribe option or another method);
(c) In response to the Company’s request, promptly assist the Company in performing any data cleansing operations and “unsubscribe” databases of the Company; and
(d) Agree in advance with the Company on the schedule for such communications; but, no email or SMS recipient may be retargeted within one (1) month of the initial message without the Company’s prior written consent.
11.2 All information pertaining to each Newly Qualified Client will belong exclusively to the COMPANY.
11.3 The Affiliate is responsible for making sure that, to the extent that it is logistically feasible, any correspondence with users of the Affiliate Web Property clearly states that the COMPANY is not aware of the communication and that any complaints should be sent to the Affiliate.
12.1 The Affiliate will always abide by the applicable laws and regulations pertaining to data protection, information security, and privacy, as well as any comparable legislation in any jurisdiction that applies to its websites and activities and the fulfillment of its obligations under this Agreement. The Affiliate will obtain all necessary consents before providing any data to the Company in order to fulfill its obligations under this Agreement, and it will not take any action or fail to take any action that would put the Company in violation of any requirements or provisions pertaining to data protection, information security, and privacy under any applicable laws and regulations.
12.2 By taking part in the Program, the Affiliate agrees to be bound by the terms of the Privacy Policy as outlined in the COMPANY Affiliates Website and grants permission to the Company or any other member of the COMPANY to send communications, notifications, and other content relating to the COMPANY Affiliates Website and the Program via mail, phone, email, SMS, or other means.
12.3 The Affiliate acknowledges that the Company may use any personal information it receives from the Affiliate to conduct credit and identity checks. It also agrees that the Company may share this information with other affiliates and outside parties, including countries outside the European Economic Area.
12.4 In the event that the Affiliate learns of a security breach or possible security breach involving the Tracking Codes, the Affiliate shall promptly notify the Company in writing of the breach or potential breach and shall make every effort to correct any actual security breach.
13.1 The Agreement will go into effect on the Commencement Date and will be renewed automatically.
13.2 In the event that: This Agreement automatically ends with immediate effect
(a) The affiliate did not renew their subscription, violated the terms of the agreement, and did not correct the violation to the satisfaction of the company within five (5) business days.
(a) The Affiliate or any individual within their :
(i) Is or becomes insolvent, bankrupt, or incapable of repaying its debts as defined by the Insolvency Act and other relevant insolvency laws;
(ii) Has ceased making payments on its debts when they are due;
(iii) initiates any procedure concerning its creditors by taking any action within the relevant jurisdiction;
(iv) designates an administrator for the Affiliate or any Affiliate member, or notifies others that they intend to do so;
(v) Gives up or makes threats to stop operating;
(c) The Affiliate has misused the Terms or engaged in significant fraud or dishonesty;
(d) Any applicable laws are broken by the affiliate;
(e) In order for the Affiliate, its officers, and its employers to fulfill any and all of their obligations under this Agreement, they have failed to obtain and maintain, during the term of this Agreement, any legal and regulatory licenses, authorizations, and approvals; or
(f) At any point following the Commencement Date, the Affiliate is or becomes an employee of the COMPANY.
13.3 Affiliate will not be eligible to receive any fees, commissions, or prizes with regard to any newly qualified clients as of the termination date.
13.4 Termination will not release the Affiliate from liability arising from any breach of this Agreement that occurred prior to termination; rather, the Affiliate shall release the Company from all duties and liabilities happening or arising after the date of such termination.
13.5 Should this Agreement be terminated:
(a) The Affiliate will stop using any IPR of the COMPANY, including on the Affiliate Web Property, and all rights and licenses granted to the Affiliate under this Agreement will immediately terminate and revert to the relevant licensors;
(b) In the event that the Company terminates this Agreement due to the Affiliate’s violation of clauses 13.5(b) and 13.5(c), the Affiliate’s account in the COMPANY System will be promptly terminated, and they will be removed from the Program without incurring any fees; and
(c) Unless it or any member of its is required to retain such information under any applicable law, each party shall, upon request, deliver up to the other or destroy all copies of confidential information in its possession. If such a request is made, it shall use all reasonable efforts to destroy all copies of confidential information stored electronically.
14.1 In the event that any member of the Company suffers any direct or indirect losses, demands, claims, damages, costs, expenses, fines, penalties, and other liabilities (including reasonable legal costs and expenses and VAT thereon, if applicable), the Affiliate shall, on a full indemnity basis, indemnify and hold harmless the Company and each entity within the COMPANY, along with their directors, officers, shareholders, employees, and suppliers.
(a) Any violation of this Agreement’s covenants, obligations, warranties, or representations made by the Affiliate;
(b) Any violation of any applicable law, including the failure to obtain any licenses, authorizations, or approvals from authorities or to file any necessary paperwork or register in order to engage in any regulated activity in connection with carrying out its obligations under this agreement, and any legal action or regulatory proceedings brought against COMPANY or any other member of the COMPANY as a result of such a violation;
(c) Any behavior and actions carried out using the Affiliate’s login credentials;
(d) The Affiliate’s improper use of marketing materials or company technology;
(e) Any assertion regarding the website of the affiliate; and
(f) Any action or inaction taken by the Affiliate in carrying out its duties under this Agreement by the Affiliate or by said Affiliate’s workers, agents, or subcontractors.
14.2 In the event that the designated third parties mentioned in section 14.1 are unable to enforce this clause 14 directly because of Applicable Law, the Company shall hold the rights under this clause 14 in trust for their benefit.
15.1 The Affiliate hereby specifically recognizes and accepts that using the internet is at its own risk and that the COMPANY System, the Tracking Codes, and the COMPANY Affiliates Website (collectively, the “COMPANY Technology”) are offered “as is” and “as available” and are not subject to any explicit or implicit warranties or conditions;
15.2 To the maximum extent allowed by law, and except as specified in the Agreement, the Company makes no representations or warranties regarding the COMPANY Technology, including that it will:
(a) Fulfill the needs of the Affiliate or the visitors to the Affiliate;
(b) Meet Affiliate’s standards for quality;
(c) Meet a specific requirement;
(d) Respect others’ rights without violating them;
(e) Work with various kinds of systems;
(f) Have safety; or
(g) Include data that is completely true.
15.3 Neither the use of COMPANY Technology nor enrollment in the program is guaranteed to produce any particular results by the Company.
15.4 The Company disclaims all responsibility for the continued availability and functionality of the COMPANY Technology to all internet users.
15.5 While the Company will make an effort to provide the Affiliate with customer and technical support in accordance with industry standards to ensure that all issues are resolved on time, the Company cannot guarantee that the COMPANY System, both software and hardware, will not have downtime or will be error free at any point during the COMPANY’s business operation.
15.6 To the maximum extent permitted by law, the Company disclaims all liability for the consequences of any interruptions or errors, and it makes no promise or assurance that any of its services rendered as part of the Program will be error-free or uninterrupted.
15.7 For all claims under the Agreement, the COMPANY’s total liability to the Affiliate shall be limited to the greater of:
(a) One US dollar (one and only one).
This limit will apply regardless of how liability arises, including, but not limited to, liability resulting from tort (including negligence), contract breach, or breach of statutory duty; however, the COMPANY ‘s liability will not be limited or excluded by this clause for the following situations: (i) death or personal injury caused by its negligence; or (ii) fraud or fraudulent misrepresentation.
15.8 Under this Agreement, affiliates shall not hold the COMPANY accountable for any claims.
16.1 Each party agrees that, with the exception of what is allowed by clause 16.2, it will never divulge to any individual any sensitive information pertaining to the other party’s or any member of its ‘s operations, clients, or customers.
16.2 Any party may reveal private information about the other party:
Each party shall ensure that its employees, officers, representatives, or advisors to whom it discloses the other party’s confidential information comply with this clause 16; (a) to its and its members’ employees, officers, representatives, or advisors who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with the Agreement.
(b) As may be mandated by legislation, a court of competent jurisdiction, or any regulatory body;
(c) To any third parties that it determines are reasonably required to deter crime; and
(d) To any third parties it deems appropriate to help enforce its rights under the law or in contracts with the other party.
16.3 Except from exercising its rights and carrying out its obligations under or in connection with the Agreement, neither party may use the other’s confidential information for any other purpose.
16.4 Information that is considered confidential but that:
(a) Is or becomes generally accessible to the public (except from where the receiving party discloses information in violation of this article);
(B) prior to disclosure by the disclosing party, was made available to the receiving party on a non-confidential basis; or
(c) Was, is, or becomes available on a non-confidential basis to the receiving party from a person who, to the receiving party’s knowledge, is not in any way forbidden from revealing the information to the receiving party or bound by a confidentiality agreement with the disclosing party.
16.5 Before making any statement, publication, or other communication about their connection, the Affiliate and the Company must agree on its content and timing.
17.1 The Partner is obliged to:
(a) Adhere to all applicable laws, including the anti-corruption and anti-bribery acts.
(b) Abstain from all actions, customs, or behaviors that could be considered violations of the Bribery Act.
(c) Immediately notify the Company of any request or demand for any unauthorized financial or non-financial benefit that the Affiliate receives in connection with carrying out this agreement; and
(d) Present any documentation that demonstrates your adherence to the pertinent requirements that the company may opportunely ask for from time to time.
A violation of this clause 17 will be considered a violation of clause 13.2 of the Agreement.
At any time and in its sole and absolute discretion, the Company may amend or replace any clause or part of the Agreement (including the Fee/commissions/rewards and Plans) in whole or in part. The changes will go into effect when the Company posts the amended version of the Agreement on the COMPANY Affiliates Website. If the Affiliate objects to the revisions, it may terminate the Agreement in line with clause 13. If the Affiliate continues to participate in the Program, the Affiliate will be considered to have accepted the amended version of the Agreement.
Any liability of the COMPANY to the Affiliate, whether present or future, liquidated or not, and whether or not either liability arises under the Agreement, may be set off by the Company at any time and without prior notice to the Affiliate. The exercise of the Company’s rights under this clause shall not restrict or affect any other rights or remedies available to the Company under the Agreement or otherwise.
Each party certifies that it was not coerced into entering into the Agreement based on any warranty, representation, statement, assurance, covenant, agreement, undertaking, indemnity, or commitment of any kind other than those expressly stated in the Agreement, and that, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights, or remedies that it might otherwise have had in relation thereto. The Agreement is the entire agreement between the parties regarding the subject matter.
No party’s omission or delay in exercising any of its rights under the Agreement shall be construed as a waiver of such rights, nor shall any single or partial exercise of any such right preclude the exercise of that or any other right in the future.
22.1 The Affiliate will provide the Company with notices and communications by email at the address given on the Registration Form (or as updated by the Affiliate on the COMPANY Affiliate Website from time to time), or, if applicable, by posting the notice or communication on the COMPANY Affiliate Website.
22.2 Communications and notices shall be deemed received at the time of transmission; however, if said time falls outside of 09:00 to 17:00 (GMT) on a business day or on a non-business day, the notice and communication shall be deemed received at 09:00 on the following business day.
Without the Company’s prior written consent, the Affiliate is not permitted to assign, sublicense, or otherwise transfer any rights or obligations under the Agreement.
Except for each COMPANY member’s enforcement of the Agreement and these Terms, specifically clause 14 (indemnity), a non-party to the Agreement shall have no rights under the Contracts (Rights of Third Parties) Act to enforce any of the terms of the Agreement (including these Terms), and the Company shall hold such rights on trust for the benefit of each COMPANY. The parties’ rights to rescind, terminate, or agree to any variation, waiver, or settlement under the Agreement shall not be subject to the approval of any third party.
Nothing in this Agreement is meant to, or will be interpreted as, creating a partnership or joint venture between the parties, designating one as the other’s agent, or granting any party the authority to act as another party’s representative.
This Agreement and all transactions made in affiliate Account shall be governed by the laws of the state of Delaware, U.S.A. (regardless of the choice of law rules thereof). By signing this agreement, the parties agree as follows: (1) All parties to this Agreement are giving up the right to sue each other in court, including the right to a trial by jury, (2) If you are a foreign national, non-resident alien, or if you do not reside in the state of Delaware, you agree to waive your right to file an action against COMPANY in any foreign venue. (3) No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (1) the class certification is denied; or (2) the class is decertified; or (3) the affiliate is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein.
You will enroll in our program by completing a Program Application, which can be found on our website. Once your account is approved, it will become immediately active. We will review your account to make sure you abide by all of our policies and guidelines. If, at our sole discretion, we find that your site is not appropriate for the Program for any reason—for example, if it contains images or content that is illegal, defamatory, obscene, harassing, or otherwise objectionable—for example, if your site is or promotes a business-opportunity program (collectively, “Content Restrictions”). Your account will be activated immediately upon submission.
As an affiliate website, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the “Links”), however, you CANNOT SPAM or send emails to any mailing database unless the receiving email address has opted in to receive marketing material from you. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and you’re forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by the COMPANY. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
We’ll provide you a commission in accordance with the arrangement below:
29.1 Commission Rates: For active paid subscriptions, you will receive 10% of the subscription plan payment; however, you will not receive any commission if the subscriber renews after that.
29.2 The Commission Rate may vary at any moment, starting the thirty days after it is announced and without prior notification to you.
30.1 If you keep your account active, you must always have at least $1,000 in your commission account before commission is given.
30.2 If you keep your account active, commission for all prior commission due to you is paid on the following day each month.
30.3 Commission is paid by us in USD, less any banking or transfer fees and other costs that may apply depending on the currency that your nation uses for payments.
By accepting this agreement, you attest that you have read the terms and conditions listed above, that you understand them, and that you will abide by them.
You understand that the company is based in the state of delware and that it only accepts U.S. dollars in its customer accounts and/or payment methods. The products and services described on the website are offered only to CUSTOMERS as it is. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal. The Platform shall not be considered a solicitation for or offering of any investment product or service or advice to any person in any jurisdiction.
This site is controlled and operated by COMPANY from its stated office. COMPANY makes no representation that the materials in this site are appropriate or available for use in other locations. Copyrights, trademarks, patents, and licensing agreements are the property of COMPANY, and they are not appropriate or available for use in locations other than Belgrade. If you access, view, and/or purchase any plan, service, or produce from this site from locations outside of Delaware, you do so at your own initiative and risk. Local law compliance is your responsibility, if and to the extent local laws apply.
To the maximum extent permitted by applicable law, you hereby agree that any disputes arising under or in connection with these Terms or the Service shall be submitted for resolution to courts in Delaware, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms shall be governed by and construed in accordance with the laws of the Delaware, U.S.A, without giving effect to any principles of conflicts of law.
You hereby expressly waive all right to resort to any kind of class action. all claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within 30 days after such claim or cause of action began or be forever barred.
You agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with the COMPANY; in the event that there is a contradiction between the English language version of the Terms of Use and the translation, the English language version shall take precedence. This agreement applies to translations of the Terms of Use, Agreement, Terms and Conditions, and other legal documents made available to you through Google Translate, other translation services, and/or the COMPANY’s translation of these Terms of Use.
You consent to the terms of COMPANY’S Privacy Policy and the collection, use, sharing, and storage of information as defined therein, including without limitation your personal or personally identifiable information, by using any of the Services or by accepting these Terms of Use.
Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly conflict with any terms of a written agreement between you and the COMPANY regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall be deemed superseded. The Terms of Use and other rules, guidelines, licenses, and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between the COMPANY and you with respect to your access to or use of the Site, Materials, and Services and supersede any prior agreements between you and the COMPANY on such subject matter (including any prior versions of the Terms of Use).
If a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, void, invalid, or illegal, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Terms of Use shall continue in full force and effect. Further terms and conditions may also apply when you use other COMPANY services, third-party content, or third-party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without the COMPANY’S prior written consent.
The heading of each provision hereof is for descriptive purposes only and shall not be (1) deemed to modify or qualify any of the rights or obligations set forth herein or (2) used to construe or interpret any of the provisions hereunder. When a reference is made in this Agreement to a Section, such reference shall be to a Section of this Agreement unless otherwise indicated. Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” The word “or,” when used in this Agreement, has the inclusive meaning represented by the phrase “and/or.” Unless the context of this Agreement otherwise requires: (i) words using the singular or plural number also include the plural or singular number, respectively; and (ii) the terms “hereof,” “herein,” “hereunder” and derivative or similar words refer to this entire Agreement. References to any law shall be deemed to refer to such law as amended from time to time and to any rules or regulations promulgated thereunder. References to “days” means calendar days unless indicated otherwise
You may not assign this Agreement or any rights or obligations under this Agreement without first obtaining COMPANY’S prior written consent. COMPANY may assign, sell, or transfer your Account and this Agreement, or any portion thereof, at any time without your prior consent. This Agreement will bind your heirs, assigns, executors, successors, conservators, and administrators.
This Agreement shall be rescinded or modified, to the extent permitted by applicable law, to make this Agreement compliant with any applicable law, rule, or regulation, or to be valid and enforceable, if any of its terms or conditions are or become incompatible with any current or future laws, rules, or regulations of any applicable government, regulatory or self-regulatory agency or body, or are deemed invalid or unenforceable by any court of competent jurisdiction in Belgrade, Serbia.
COMPANY may elect to if applicable a promise to grant a benefit of rewards to affiliate/ CUSTOMER by displaying rewards value in website and in in CUSTOMER’S/ affiliate dashboard account, subject to certain terms and conditions as per terms of use, at its sole discretion. Such Rewards amounts shall not be claimed or assigned, or transferred to third party by CUSTOMER/affiliate and shall, unless CUSTOMER/affiliate complies with the applicable requirements as per the terms of use and as may be posted on COMPANY’S website as may be amended from time to time or as communicated to CUSTOMER/affiliate. CUSTOMER/affiliate agrees that COMPANY reserves the right to Cancel or reject or alter or amend or change maturity date or change maturity value of the Rewards and/ promotion and/ or offer, and any related Rewards, at its sole discretion And To terminate CUSTOMER’S/affiliate access to services provided by COMPANY and/or terminate the contract between COMPANY and the CUSTOMER/affiliate for the provision of services, And To block CUSTOMER’S/affiliate Account(s) and to write off any unused moneys balance by CUSTOMER/affiliate. If COMPANY decided so or suspects or has reason to believe that CUSTOMER/affiliate has abused the terms and conditions of a Rewards offer or terms of use. COMPANY reserves the right to cancel Rewards, and any profits associated with CUSTOMER’S account(s) without prior notice. Rewards promotions may be restricted in certain jurisdictions. COMPANY reserves the right to cancel or reject Rewards promotions and/ or refuse to pay rewards value at its sole discretion and without prior notice to you.
You agree that neither COMPANY nor any of our group companies, owner(s), directors, staff, agents, suppliers or contractors will have any liability, of whatever nature and howsoever arising, for any Loss arising as a result of your inability to claim or receive rewards and/ or closure of your account, whatever the reason or cause for that inability might be.
Please see the COMPANY Privacy Statement disclosures relating to the collection and use of your information. By using any of the Services or by agreeing to these Terms of Use, you are also agreeing to the terms of COMPANY’s Privacy Policy and the collection, use, sharing and storage of information as described therein, including without limitation your personal or personally identifiable information.
Please see the COMPANY’s website terms of use relating to the access and use of the website.
Website terms of use. By using any of the Services or by agreeing to these Terms of Use, you are also agreeing to the terms of COMPANY’s website terms of use.
Please see the COMPANY’s Agreement terms of use relating to the use of the entire agreement.
Agreement terms of use. By using any of the Services or by agreeing to these Referrals terms of use, you are also agreeing to the terms of COMPANY’s Agreement terms of use.
This Agreement, any attachments hereto, other agreements and policies referred to in this Agreement (Including referral program terms of use, website terms of use and privacy and protection of personal information), and the terms and conditions contained in your Account statements and confirmations, contain the entire agreement between COMPANY and you and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between COMPANY and you, provided, however, that any and all other agreements between COMPANY and you, not inconsistent with this Agreement, will remain in full force and effect.
You acknowledge that you have read the preceding terms and conditions of this Agreement, that you understand them and that you hereby manifest your assent to, and your agreement to comply with, those terms and conditions by accepting this agreement.
