This Affiliation Agreement (“Agreement”) is made by and between EagleFX (“the Company”) and You (“AFFILIATE” or “You”), the natural person or legal entity which applies for partnership to the EagleFX Affiliate Program (or “Affiliation Program”), in accordance with the terms and conditions set forth herein and agrees with and accepts these terms and conditions and the Company approves the former’s application for partnership. Please read this Agreement completely and carefully before signing up to the Affiliate Program. BY CLICKING THE BOX “ I accept Terms and Conditions of becoming an Affiliate”, in the Registration Process YOU AGREE TO THE FOLLOWING TERMS, AMENDED FROM TIME TO TIME, AS A WHOLE.
IT IS AGREED
1. DEFINITIONS
Affiliate (Master Affiliate/IB): an independent party (natural person or legal entity), who registered via www.eaglefx.com websites who is engaged in online advertising/marketing activities and who introduces clients to the Company platform. Client (or trader): Means any person who opens a trading account on the Company platform. Sub-Affiliate: affiliate who has been introduced to the Company by either the Master Affiliate or other affiliates and who starts referring people. Affiliate Commission: the amount paid at the end of each week or payable to the Affiliate by the Company in accordance with the current 5 TIER SYSTEM. Such information shall be available to the Affiliate in the Affiliate Portal. Affiliate Program: multi-tier structure with 5 levels, where affiliates promote the Company brand in compliance with the present Agreement by using a unique affiliate link. Affiliate Link: a unique link that assists in identifying the Affiliate’s activities and calculates the Affiliate’s weekly commission.
2. SCOPE OF THE AGREEMENT
2.1. This “Terms & Conditions” document determines all actions related to the advertising options affiliates have and are bound by.
2.2. The current Agreement is non-negotiable and has priority over any other arrangements, agreements, express or implied statements made by EagleFX, unless determined otherwise.
3. AFFILIATES OBLIGATIONS AND CONDITIONS
3.1. During the term of this Agreement, You agree to fulfill the following obligations:
3.1.1. To comply with the terms and conditions of this Agreement, which can be changed from time to time. 3.1.2. To act in good faith and conduct the Affiliate’s activities in a professional and proper manner and in full compliance with this Agreement. 3.1.3. The Affiliate, in order to participate in the Affiliate Program, must be over 18 years of age. 3.1.4. Neither the Affiliate or any Sub-Affiliate, shall create an additional or secondary account and subsequently they shall not be entitled to receive any further commission and or any other Compensation. 3.1.5. The Affiliate shall not misrepresent the company in any way or any potential clients. 3.1.6. Affiliate must provide true and complete up to date information to the Company, as this may be requested at any time, about itself and its activities and about any referred traders in order for the Company’s account managers to communicate effectively. 3.1.7. It is agreed that throughout this Agreement, the Affiliate must act in good faith at all times. The Affiliate must not make any false and/or misleading representations or statements with respect to the Company or engage in any other practices which may adversely affect the image, credibility or reputation of the Company. It is further agreed that throughout this Agreement the Affiliate’s website, to the extent the Affiliate operates through a website, shall not be engaged, directly or indirectly, in activities that the Company, considers to be illegal, offensive, unfair or otherwise adverse to the reputation of the Company’s websites, including without limitation, to: (i) promoting sexually explicit materials, violence, discrimination of any kind or (ii) violating any intellectual property or other proprietary rights of any third party or (iii) having defamatory or harassing and untruthful 0r damaging comments and statements about the companys activities and business dealings or (iv) containing or promoting any content that is illegal, violent, hate-oriented, pornographic, or (v) engaging in any illegal activity of any type, including but not limited to, displaying illegal content offering any illegal goods or services though the Affiliates’ website, (vi) violating the Company’s intellectual property rights or (vii) not clearly making available an online privacy policy to visitors of its website or, (viii) opening an account on behalf of any potential client including associates, family or friends, completing any kind of questionnaire, or form provided by the Company. 3.1.8. You must not transmit to or in any way, whether directly or indirectly, expose the company's website, content, platform and any other of our property to any computer virus or other similarly harmful or malicious material, virus or device. 3.1.9. You shall promptly inform the Company of any information or acts of a third party that has become known to You that could potentially harm the Company. 3.1.10. Fraud Traffic: should the Company determine that an Affiliate is involved, whether directly or indirectly, in any fraudulent, manipulative or otherwise illegal activity, regardless of whether or not it actually causes harm to the Company, the Affiliate’s account will be immediately blocked, with no compensation to the Affiliate. Fraud Traffic includes, but is not limited to, false advertising, spam, deposits generated by stolen credit cards, manipulation of the service, 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. 3.1.11. You acknowledge that you are not allowed to register a business that includes the wording “EagleFX” in any part of its name. You cannot use or register a domain name or keywords, search terms or other identifiers for your activities with the name of EagleFX or similar name which may cause any confusion. Should you infringe the aforementioned, it will be considered as a material breach as per clause 7.2. of this Agreement.
3.2. Account Suspension
3.2.1. Should the Affiliate fail to provide genuine contact details, or is not responding to requests from their account manager, the Company retains the right to terminate this Agreement or promptlysuspend the Affiliate account. 3.2.2. During the suspended period, the Commission plan will be changed accordingly, the Affiliate’s clients will stay in the Affiliate’s account, but the suspended Affiliate will not earn any pending commission generated during the suspension time.
3.3. Marketing Material
3.3.1. The Affiliate’s marketing materials/ communications shall comply with the guidelines as provided by the Company and the restrictions stated herein. 3.3.2. The Affiliate is required to obtain a written approval by the Company prior to uploading any information and/or any marketing material relating to the Company website and its services. 3.3.3. The Affiliate shall not be allowed to modify any of the marketing material provided by EagleFX. In the event, the Affiliate intends to amend any information and/or marketing material that was initially approved by the Company, the Affiliate must obtain a new approval before it proceeds with such amendments. 3.3.4. For the marketing materials to be used properly it is Your responsibility to maintain Your website and any marketing and promotional material that the Company provides You, up to date, at all times. If You systematically breach such obligation, the Company may suspend or terminate this cooperation with You. 3.3.5. The Affiliate shall not use any kind of unfair publicity in promoting its activities and Company’s activity. In particular, Affiliate shall not use: active SEO systems; advertising on immoral websites; advertising based on deliberate distortion of the description of services offered, as well as intentional concealment from clients of the risks and information about the services offered; any other types of unfair advertising. Unfair publicity includes: 3.3.5.1. To announce false information on a purpose to attract more clients and making deception (e.g. “start trading now and earn up to millions of dollars in a few seconds”); 3.3.5.2. To use spam mailing to any type of client base as a tool of client attraction, and use the name EagleFX (or part of this name, or different variations of this name) in the signature or in the body of a message that is not related to Company’s activity. 3.3.6. Social Media. You may promote EagleFX on social media platforms only in accordance with the following guidelines: 3.3.6.1. You may use or display the Affiliate Link, or otherwise promote the Company, on your own pages or profiles; provided that you do not violate any terms of service of the related Social Media Platform in connection with your marketing activities. 3.3.6.2. You may not post your Affiliate Link on the Company’s Social Media pages or profiles in an attempt to generate qualifying transactions. 3.3.6.3. You may not create a social media account that includes EagleFX trademark in the page name and/or user name. 3.3.7. While carrying out activities on Clients’ attraction, the Affiliate is always and under all conditions obliged to act exclusively in its own name and not in the Company’s name. 3.3.7.1. Google Ad options are not allowed as the Affiliate name won’t show. 3.3.8. EagleFX reserves the right, in its sole discretion, or based on regulatory restrictions imposed on it by Law or financial services regulatory bodies, not to enter into or to terminate at any time, a contractual relationship with an Affiliate.
4. COMMISSION PAYOUTS
4.1. Commission is being paid weekly, at the end of each week. But it can also be paid upon request and minimum amount is $10. 4.2. If it is a Public Holiday or non-working day, the payment will take place the day before or after that non-working day. 4.3. Commission lasts for a lifetime, as long as the affiliate’s clients are trading. 4.4. Affiliates start earning $4.00 (TIER 1), with a view to increase this baseline figure. 4.5. The Program is a multi-tier structure with 5 levels, meaning the client will continue earning up to TIER 5. Successfully reaching TIER 5 carries a capped, additional commission of $1.00 potentially boosting your earning power to $5.00 per traded lot. 4.6. No commission will be paid should the Company have reasons to believe that the Affiliate’s activity is in breach of this Agreement.
5. BRANDING AND INTELLECTUAL PROPERTY
5.1. “Intellectual Property” means but is not limited to the Company logos, domain names, website, copyright, know-how, client lists, banners, creatives, literature, business strategies, tables, charts. The Affiliate acknowledges and agrees that the Company Intellectual Property will be used in a lawful manner and in strict compliance with all Company’s branding guidelines. 5.2. The Affiliate agrees to display any of our Intellectual Property and marketing material on Your websites for the sole purpose of marketing and promoting the Company services without any manipulation or amendment of Company Intellectual Property. Any unauthorized use or amendment is considered as a breach of contract, in which case, the Company retains the right to immediately terminate this Agreement with the Affiliate.
6. PERSONAL DATA PROTECTION
6.1. The Affiliate hereby expressly acknowledges, agrees and undertakes not to attempt to access any personal data in relation to the Company’s clients. 6.2. The Affiliate expressly acknowledges, agrees and undertakes that it shall comply at all times with all applicable data protection laws and regulations. 6.3. Furthermore, any potential client’s personal data is property of the Company and You should not use or profit from it outside the purposes and following termination of this Agreement. 6.4. You are provided with reports and statistics not to be shared with other people when containing client’s sensitive data.
- TERMINATION
7.1. The Agreement shall commence upon Your acknowledgement and acceptance of this document and it may be terminated by either party at any time, with or without cause, effective immediately. 7.2. The Company reserves the right to terminate or suspend without notice, this Agreement or any rights of the Affiliate that it may possess under the provisions of this Agreement due to any malpractice, breach of any provisions of this Agreement.
8. CONFIDENTIALITY
The Affiliate acknowledges and agrees that any and all information associated with the Company’s business including, but not limited to, the contents of this Agreement,customer lists, source codes, specific trading information, technical processes and formulas, Company’s Intellectual Property and other information regarding costs, clients, marketing and promotional material or other unpublished financial information, business plans, is confidential and proprietary information (“Confidential Information”), whether or not marked as confidential or proprietary. Each Party agrees to use the other Party’s Confidential Information solely as necessary for performing its obligations here-under. Each Party agrees that it shall take all reasonable steps, to prevent the disclosure or use of any Confidential Information.
9. LIMITATION OF LIABILITY
EagleFX, ITS DIRECTORS, OFFICERS, EMPLOYEES AND RELATED ENTITIES, SHALL HAVE NO LIABILITY FOR ANY LOSSES AND/OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE PRODUCTS, PLATFORMS, SERVICES, THE WEBSITE, VIRUSES, SYSTEM FAILURE. (EagleFX does not control signal power, its reception or routing via Internet or any other means of electronic communication, configuration of client’s equipment or reliability of its connection. Therefore, EagleFX is not responsible for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused directly or indirectly, by any breakdown or failure of any transmission or communication system or computer facility belonging to EagleFX). EagleFX cannot guarantee that the software and / or the system that we own or we manage, on behalf of a third party, is uninterrupted and error free or available at all times.
10. WARRANTY DISCLAIMER
EAGLEFX MAKES NO WARRANTIES HEREUNDER, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. THE COMPANY FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, THAT THE COMPANY’S SERVICES OR PRODUCTS AND PLATFORMS DO NOT INFRINGE OR VIOLATE ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY IN ANY JURISDICTION. YOU UNDERSTAND AND AGREE THAT THAT THE COMPANY’S SERVICES AND PRODUCTS (INCLUDING THE PLATFORM) MAY NOT SATISFY ALL OF THE CLIENTS’ REQUIREMENTS, MAY NOT BE SUITABLE FOR ALL CLIENTS AND MAY NOT BE UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE.
11. INDEMNITY
You agree to indemnify, defend and hold harmless Company and the directors, officers, employees, and agents thereof (collectively, the “Indemnified Party”), with respect to any claim, demand, cause of action, debt or liability, brought by a third party, including reasonable attorneys’ fees, to the extent that such action is based upon or arises out of: (a) Your breach or alleged breach of any representation, warranty or obligation under this Agreement; (b) gross negligence or willful misconduct; or (c) any warranty, condition, representation, indemnity or guarantee relating to the Company and /or the Company’s platform granted by You to any third party.
12. REPRESENTATION AND OTHER WARRANTIES
12.1. The Affiliate hereby states the following: 12.1.1. it has and will have, at all times, the required capacity and authority to enter into this Agreement. 12.1.2. it has the required permission to provide the services, and it will promptly inform the Company in writing if there is any change. 12.1.3. it will provide the services in a professional, proper and lawful manner, in full compliance with the terms of this Agreement. 12.1.4. it shall not make any promises to Clients regarding the Company and its services. 12.1.5. it shall not make any false and/or misleading statements and any misrepresentations regarding the Company and its services. 12.1.6. The Company may at its sole discretion, accept or reject any prospective Client introduced by the Affiliate and has the right to terminate the business relationship with any Client at any time.
13. GENERAL PROVISIONS
13.1 Amendments. The Company may modify any of the terms of this Agreement at any time, upon its discretion. The Affiliate undertakes the obligation to visit the website and to read the terms of the Agreement on a regular basis. 13.2 Governing Language: This Agreement, as well as any additional agreement or legal document or any type of document related to this Agreement (both present and future) is made in English. Any other language translations are provided as a convenience only. In the case of any inconsistency or discrepancy between the original English texts and their translation into any other language, the original versions in English shall prevail.