Affiliate Agreement
This Affiliate Agreement (o “Acordo) is entered into by and between, Ultimate Traders Evaluation Ltd, LLC, a company incorporated in the United Kingdom with registration number 14665391 (the “Company”); and the acknowledging party (the “Affiliate”) (Collectively, the “Parties” or individually as “Party").
Whereas, the Company is engaged in the creation of customized trading software solutions for proprietary trading firms, focusing on creating automated streamlining processes using custom applications and scripts, code review and analysis. As set forth in greater detail below, the Company will provide the Affiliate with compensation and in exchange, the Affiliate shall refer to Company potential traders for purposes of qualifying the trader candidates.
WHEREAS, the Affiliate wishes to supply the Company with prospective candidates for its Services, and, the Company has agreed to provide its Services; and,
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, it is hereby covenanted and agreed by Company and the Affiliate as follows:
1.1 The following definitions and rules of interpretation apply to this Agreement:
(a) Business Day: a calendar day other than Saturday, Sunday or Federal holiday in the United Kingdom.
(b) Affiliate Account: Shall mean the Affiliate’s account with the Company in respect of the Services.
(c) Affiliate Content: Shall mean:
(i) all text, information, data, software, executable code, images, audio or video material, in whatever medium or form, inputted by the Affiliate, Authorized Users or the Company on the Affiliate’s behalf for the purpose of using, developing, using or maintaining the Services or facilitating the Affiliate’s or any End-User’s use of the Services; and,
(ii) All End-User Content, to the exclusion of any and all authentication information provided in relation to the Affiliate Account.
(d) Compensation Plan: Means the fees and/or commissions payable to the Affiliate, as detailed in Appendix I when the terms & conditions of this Agreement are satisfied, and which are subject to change at the Company’s discretion;
(e) Effective Date: Shall mean the date of this Agreement as the date on which the Affiliate registered as an Affiliate on the Company’s website.
(f) End User: Shall mean any person or entity the Affiliate permits access to use any Service. For avoidance of doubt, End Users shall be considered customers of the Company.
(g) End-User Account: Shall mean the account held and maintained with the Company by any End-User as a prerequisite to accessing and using the relevant Services.
(h) End-User Content: Shall mean:
(i) all text, information, data, images, audio or video material, in whatever medium or form, inputted by any End-User in relation to the use of the Services; and
(ii) all information related to any End-User that is processed or stored by the Company.
(i) Error: Shall mean a perceived error.
(j) Fees: Shall mean the fees determined from time to time in accordance with the Fee Schedule rates set out in Appendix I attached hereto.
(k) Intellectual Property Rights: Shall mean patents, utility models, rights to inventions, copyright and neighboring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, and Intellectual Property Rights include, without limitation, any Marks.
(l) Mark Guidelines: Shall mean the mark guidelines as may be notified to the Affiliate from time to time.
(m) Marks: Shall mean:
(i) Any trademarks, trade names, service marks, trade dress, logos, URLs and domain names;
(ii) Any identifying slogans and symbols;
(iii) Any abbreviation, contraction or simulation of any of the items in paragraph (a) or paragraph (b); and
(iv) the “look and feel”, of a Party to this Agreement, whether or not registered.
(n) Services: Shall mean the services as set forth in this Agreement.
(o) Software: Shall mean the online software applications and tools provided by the Company from time to time as part of the Services, including any updates which may be made to such applications and tools from time to time.
(p) Virus: Shall meananything or device (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
1.2 Affiliate Reference. A reference to an Affiliate shall include any Affiliate, corporation or other body corporate, wherever and however incorporated or established.
1.3 Construction. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
1.4 Statutory Reference. A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this Agreement.
1.5 Subordinate Legislation. Any reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this Agreement under that statute or statutory provision.
1.6 Articles & Sections & Schedules. References to articles and schedules are to the articles and schedules of this Agreement; references to sections are to section of the relevant schedule to this Agreement.
1.7 Priority. If there is an inconsistency between any of the provisions of this Agreement and the terms and conditions located on any other document, the provisions of this Agreement shall prevail. If there is an inconsistency between any of the provisions in the main body of this Agreement and the terms and conditions set out in any schedule to this Agreement, the provisions in the main body of this Agreement shall prevail.
2.1 The Affiliate represents and warrants to the Company, as follows:
(a) Organization, Existence, and Good Standing. The Affiliate is a duly organized entity or individual, validly existing, and in good standing and is duly qualified to transact the business contemplated under this Agreement.
(b) Authority for Agreement. The Affiliate has the requisite legal power and authority to execute and deliver this Agreement, to perform the Affiliate’s obligations hereunder, and to consummate the transactions contemplated in this Agreement, all of which have been duly authorized and approved by all necessary company action and for which, no approval or consent of any Person or Governmental Authority is required that has not been obtained, and, no filing or other notification to any Person or Governmental Authority is required that has not been properly completed. This Agreement constitutes the valid and legally binding obligation of the Affiliate, enforceable in accordance with its terms.
(c) Litigation. There is no litigation to which the Affiliate is, or is threatened to be, a party pending or, threatened that involves or could involve the validity of this Agreement or of any action taken or to be taken by the Affiliate in connection herewith.
(d) Independent Contractor. The Affiliate will carry on his operations and business as an independent contractor and not as an agent or employee or representative of the Company. The Affiliate cannot use the Company’s logo in any of his correspondence, on any business cards or on any electronic transmission, etc.
(e) Brokers, Finders, Etc. All negotiations relating to this Agreement and the transactions contemplated herein have been carried on without the participation of any Person acting on behalf of the Affiliate in such manner as to give rise to any valid claim against the Affiliate or the Company for any brokerage or finder’s commission, fee, or similar compensation.
(f) Compliance with Laws. The Affiliate is in compliance in all material respects with each Law applicable to the provision of Services, no event has occurred or circumstance presently exists that (with or without notice or lapse of time, or both) may constitute or result in a violation by the Affiliate of, or a failure on the part of the Affiliate to comply with, any Law relating to the Services, or may give rise to any obligation on the part of the Affiliate to undertake, or to bear all or any portion of the cost of, any remedial action with respect to the Services.
(g) Survival of Termination. The representations and warranties of the Affiliate contained in this Agreement or in any instrument delivered by Affiliate shall survive the date of termination of this Agreement.
(h) Disclosure. Neither this Agreement, or other information furnished or to be furnished by the Affiliate in connection with this Agreement and the transactions contemplated hereby contain or will contain any untrue statement of a material fact or will omit to state a material fact necessary to make the statements made, considering the circumstances in which they are made, not misleading.
3.1 Without prejudicing the rights and remedies of the Company, the Agreement shall immediately terminate, in the Company’s sole discretion, upon the occurrence of one or more of the following events:
(a) The other party makes an arrangement with its creditors, cannot pay its debts when they fall due, is declared insolvent or bankrupt or has an administrator or receiver appointed;
(b) A petition is filed, a notice is given, a resolution is passed or an order is made for or in connection with the winding up of the other party;
(c) An application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party;
(d) A person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
(e) The other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
(f) Affiliate fails to comply with any applicable law or regulation, or breaches any provision of this Agreement that the Company deems to be material.
(g) has any professional license required by applicable law or this Agreement suspended, restricted, or revoked
(h) is adjudicated insolvent or bankrupt or makes any assignment of its assets for the benefit of its creditor, a receiver, liquidator, or any trustee in bankruptcy;
(i) fails to discharge within thirty (30) days from filing, any involuntary petition in bankruptcy; or
(j) institutes any proceedings under federal or state insolvency laws seeking relief, reorganization, or discharge of any of its debts.
3.2 The Company has the right to terminate this Agreement in case (i) the Affiliate refers less than three (3) End Users within a ninety (90) days’ period from the date of concluding this Agreement.
3.3 Notwithstanding the terms set forth in this Agreement, The Company reserves the exclusive right to terminate this Agreement, at any time, for any reason, without justification or notice to the Affiliate.
3.4 Upon termination of this Agreement for any reason, the Affiliate will cease the use of, and remove from the Affiliate’s Website, all the Company’s and its affiliated entities Marks, Banners and Text Links to the Website within two (2) business days from the notice of termination.
4.1 Affiliate shall indemnify and hold Company harmless, as well as Company’s officers, directors, employees, agents, successors, subcontractors, suppliers, and assigns (collectively the “Indemnified Company Parties”) against any and all claims, causes of action, judgments, losses, damages, costs, expenses, and all other liability of whatever form or nature, including, but not limited to, attorney’s fees and other costs of legal defense through appeal, that any of the Indemnified Company Parties may sustain or incur directly or indirectly, as a result of any acts by the Affiliate, its representatives, directors, officers, employees, agents, successors or assigns (collectively, the “Indemnifying Affiliate Parties”), including, without limitation, any of the Indemnifying Affiliate Parties’: (i) breach of any of the provisions of this Agreement; (ii) Intentional tortious conduct; (iii) misrepresentations or false statements about Company Parties, its services not specifically authorized herein or otherwise in writing; and/or (iv) violation of any applicable law, regulation, or orders.
5.1 Notwithstanding any other provision in this Agreement, in the event that any activity in the Affiliate’s account, or in any account which appears to be controlled or managed by the Affiliate, is deemed suspicious by the Company in its sole determination, the Company may, in its sole and absolute discretion, delay payment of the Affiliate Fee to the Affiliate for up to one hundred and eighty (180) days in order to verify the suspicious activity.
5.2 In the event that the Company determines that an activity constitutes Fraud Traffic, the Company shall recalculate or withhold the Affiliate Fees, in its sole and absolute discretion.
5.3 Notwithstanding the terms of this Agreement, if the Company determines that an 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 Services or End-Users, 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 with no compensation to Affiliate. The Affiliate hereby irrevocably waives its rights to, and shall indemnify the Company and any member of the Company for, any claim or demand made against the Company or any member of the Company, their directors, officers, shareholders, employees in respect of the exercise by the Company of its rights in this clause.
5.4 In addition to any other terms and conditions set forth anywhere in this Agreement or under applicable law, Affiliate shall not be entitled to receive any fees for any End-Users or any other type of traffic entitling the Affiliate for payment unless and until the foregoing has been approved and qualified by the Company. For the removal of any doubt it is hereby clarified that the Company reserves the right, at its sole and absolute discretion, to change, modify, add or remove, at any time, any criteria applying to any of the compensation plans, including without limitation, setting any baseline, threshold, minimum deposits/earning and/or other requirement(s) for qualifying into any of the compensation plans and/or for receiving any fees set forth herein.
6.1 Unless otherwise provided in this Agreement, the Company shall not be liable to the Affiliate for any special, punitive, incidental, or indirect damages, or any damages to Affiliate’s property, business interruption, lost profits, lost revenue or lost business, arising out of or in connection with this Agreement based on a theory of products liability, breach of contract, breach of warranty or merchantability, Trademark, copyright or patent trademark.
6.2 Further, neither Party shall be liable for, or will be considered to be in breach of or default under this Agreement if any force majeure event occurs, such as pandemic, flood, hurricane, famine, casualty, the affected Party will give prompt written notice to the other Party under the terms of this Agreement and will use commercially reasonable efforts to minimize the impact of the event. The notification will provide evidence of the force majeure to the satisfaction of the other Party.
7.1 The Affiliate shall promptly provide the Company with any information which the Company may request as evidence for the matters referred to in the Agreement or to comply with any Applicable Regulations or otherwise, and will notify the Company if there are any material changes to such information.
7.2 It is the Company’s policy to take all necessary steps to ensure that personal data held, is processed fairly and lawfully in accordance with applicable personal data laws.
7.3 By visiting and/or accessing this website, you consent to us to collect, maintain and use your personal information as per this policy.
7.4 The Company holds personal data relating to the Affiliate in connection with the provisions of this Agreement except to the extent that the Company is required or permitted by law. Personal data provided to or obtained by the Company will be used for the purposes of this Agreement. The Company has the right without informing the Affiliate to inform any third parties or authorities in regards to the Affiliate’s personal information, transactions or any other information as it may deem necessary in the case where the Affiliate is directly or indirectly involved in fraud.
7.5 We will ask you when required for information that personally identifies you (personal information) or allows us to contact you.
7.6 The personal information that will be collected from you includes:
(i) personal details you provide to us on applications and other forms,
(ii) financial details,
(iii) documents that you provide to us to verify your identity, such as your passport, utility bills, and/or bank statement or your company incorporation details.
7.7 According to our regulatory regime we generally need to keep your personal information on record for a period of at least five (5) years, which is calculated after the execution of the transactions or the termination of the business relationship or in the case you wish to terminate your working relationship with us. Subject to that, when we consider information is no longer needed, we will remove any details that will identify you or we will securely destroy the records.
7.8 We may use your personal information for one or more of the following purposes:
(i) to confirm your identity;
(ii) to assess your suitability;
(iii) to process your transactions;
(iv) to provide you with transaction and post transaction related services;
(v) to inform you of products and/or services that may be of interest to you;
(vi) to keep you updated on the issues that are relevant to your business relationship with us;
(vii) to improve our website;
(vii) to analyse statistical data to enable us to provide you with better products and/or services.
7.9 We will disclose your personal information, without notice when required to do so by law or in good faith that such action is necessary to: (a) protect the Company’s rights and/or comply with any court order or judicial proceedings; (b) avoid any potential fraud; (c) conform to the edicts of the law or comply with a legal process served on us, or the site; (d) protect and defend the rights or property of us, and, (e) act in urgent circumstances to protect the personal safety of users of the Services or the public.
8.1 We use cookies to gather information about your access to our website and other services we provide to you. Cookies are small files of letters and numbers, which use a unique identification tag and if you agree, are stored on your device as a result of you using this website or other services we provide to you. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our website.
8.2 Most internet browsers are set up to accept cookies. If you do not wish to receive cookies, you may be able to change the settings of your browser to refuse all cookies or to have your computer notify you each time a cookie is sent to it, and thereby give yourself the choice whether to accept it or not. However, this may impair the quality of the services that we provide to you in relation to your account.
9.1 Absence of Third-Party Agreement. By executing this Agreement, the Affiliate certifies to the Company that Affiliate has not executed an agreement with a third party, or potential competitor of Company, restricting the Affiliate’s ability to perform under the terms and conditions enumerated in this Agreement (hereinafter, “Restrictive Agreement”). In the event Affiliate is a signatory to a Restrictive Agreement, then Affiliate must disclose to Company the existence of the Restrictive Agreement and turnover a fully executed copy of the Restrictive Agreement immediately. The Parties agree full disclosure of the documents contemplated under this Section 9.1 is a condition precedent to entering in this Agreement and failure to perform under this Section 9.1 of this Agreement, then the Affiliate shall be terminated immediately. Further, the Affiliate agrees to fully indemnify the Company from any claim by any former Affiliate, its affiliates, successors and heirs to involving any third parties claims against the Company involving Affiliate’s present relationship with the Company, involving any valid Restrictive Agreements entered into by Affiliate and a previous third party.
9.2 Return of Materials. Upon the written request of the Company and, in any event, immediately upon the termination of Company’s Services will return to the Affiliate all documents and materials pertaining to the Company’s business and Affiliate’s contract (including all copies thereof), including without limitation, all materials and copies thereof relating to any Confidential Information of the Company’s.
9.3 Technology. Affiliate agrees that it shall not use any technology which is the property of the Company for any purpose other than the purpose consistent with the Agreement. Additionally, Affiliate shall confirm in writing of its compliance of the Affiliate’s directives under any section pertaining to the use of Company’s Services and products that are created therefrom upon written request by Company.
9.4 Confidential Information. As used in this Agreement, the term “Confidential Information” shall include but not be limited to facts, opinions, conclusions, projections, records, lists, data, information, trade secrets, domains, passwords, methods, algorithms, intellectual property, or know-how relating to any development, research, project, work in process, future development, engineering, manufacturing, methods of determination of prices, trader portals, marketing, profits, sales, net income, indebtedness, or other financial or personnel matter relating to the Company’s Services, the Affiliate or their respective present or future products, services, sales, end users, employees, strategic partners. investors, prospects, markets or Company’s business generally, whether communicated orally or in writing or obtained by Affiliate or through observation or examination of Company’s procedures or obtained during the term of this Agreement and thereafter. During the Term hereof, the Parties shall use each other’s Confidential Information only to the extent that such use is reasonably necessary to carry out the intent of this Agreement. All other uses of the Company’s Confidential Information shall be strictly prohibited, except as otherwise agreed in writing.
9.5 Injunctive Relief. In the event of an Affiliate’s breach or threatened breach of this Article 9, the Company shall be entitled to injunctive relief to restrain the breaching party from disclosing, whether in whole or in part, the Confidential Information of the other, without the necessity of posting bond or other security. The Parties agree that a breach of this Article 9 would cause the party whose Confidential Information is being disclosed or threatened to be disclosed irreparable harm in an amount that is virtually impossible to ascertain. The remedies under this Article 9 shall be in addition to any other remedy available to the Company under the law or in equity.
9.6 Exclusions. Notwithstanding any of the foregoing, neither party shall be liable to the other, under this Agreement or otherwise, with respect to the disclosure and/or use of any of the other’s Confidential Information, provided that the disclosing party can establish that the Confidential Information:
(i) has become generally known or available to the public without breach of this Agreement;
(ii) was known by the receiving party before receiving such information from the disclosing party;
(iii) has become known by, or has been made available to, the disclosing party through an independent third-party source, provided that the disclosing party had no knowledge as to any breach of confidentiality committed by such third-party source, prior to the disclosure by the disclosing party;
(iv) was received with a written statement providing that the Confidential Information was conveyed without any restrictions on disclosures; or
(v) has been approved for release or use by the prior written authorization of the Company.
9.7 Obligations. The Parties hereby acknowledge that irreparable injury and damage will result to the Company from the unauthorized disclosure of any Confidential Information to third parties by the Affiliate, as well as from the utilization of the Confidential Information for any purposes other than those contemplated in this Agreement. The Parties therefore agree as follows:
(i) Affiliate shall hold the Confidential Information in strict confidence;
(ii) Affiliate shall not disclose the other’s Confidential Information to any third party, except as specifically authorized herein or as specifically authorized by the Company in writing;
(iii) Affiliate shall use reasonable precautions including, without limitation, the protection of documents from theft, unauthorized duplication, ransomware, and discovery of contents, and restrictions to access thereof by other persons; and,
(iv) The Affiliate shall not use the Company’s Confidential Information for any purpose other than may be required under this Agreement from time to time.
9.8 Brief-Forfeiture. Affiliate acknowledges that the consideration for this Agreement is significant, and that Affiliate’s breach of any section hereof shall gravely affect the effective and successful conduct of the business of Company. Any breach of the terms of this Agreement is a material breach of this Agreement, from which Affiliate may be enjoined and for which Affiliate shall also pay to Company all damages (including but not limited to compensatory, incidental, consequential and lost profits damages), which arise from such breach, together with interest, costs and Company’s reasonable attorney’s fees to enforce this Agreement. Without limiting the alternatives available to Company, such damages and attorney fees may be recovered by Company, as well as the forfeiture of any profits Affiliate may obtain from breaching this Agreement. In addition, Affiliate understands that if Affiliate breaches the terms of this Agreement while Affiliate is still engaged with Company, and Company in its sole discretion, may take any action as it deems appropriate, up to, and including the termination of this Agreement. The covenants set forth herein shall be construed as agreements independent of any other provision in any other agreement by, between, among, of affecting Company and Affiliate, and the existence of any claim or cause of action of Company against the Affiliate, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement of this Agreement.
10.1 Notices. Unless otherwise specified, the Affiliate must send any notice, instruction, request or other communication in writing by email to affiliates@ultimatetraders.com. All notices/information provided by the Company or received from the Affiliate should be in the English language.
10.2 Any notice from the Company to the Affiliate will be sent to the Affiliate’s email address provided during his registration.
10.3 The Affiliate declares that by accepting this Agreement it consents to, the Company sending, and it receiving, by means of telephone, SMS or email, communications containing newsletters, notifications and any other content of a commercial nature relating to the Services. The Company shall immediately cease to send any such further communications should the Affiliate notify the Company in writing that the Affiliate no longer wishes to receive such content.
11.1 Marketing. The Affiliate shall not distribute any digital advertising explicitly relating to the Company’s products or services without prior written consent from the Company.
11.2 Other Instruments. The Parties covenant and agree that they will execute any further instruments and/or documents as are, or may become, reasonably necessary or convenient to effectuate and carry out the purposes and provisions of this Agreement.
11.3 Choice of Law; Jurisdiction; and Prevailing Party. This Agreement and all transactional relations between the Affiliate and the Company are governed by the Laws of England and Wales and the competent court for the settlement of any dispute which may arise between them shall be the District Courts of England and Wales.
11.4 Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements by and between the Parties as well as all proposals, oral or written, and all negotiations, conversations or discussions heretofore between the Parties related to this Agreement.
11.5 Recitals. The Recitals stated above are true and correct as of the date hereof and are hereby incorporated by reference herein.
11.6 No Waiver. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with the waiver or estoppel. No written waiver shall be deemed a continuing waiver unless specifically stated therein, and each waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of the term or condition for the future or as to any act other than that specifically waived.
11.7 Binding Effect; Successors; Non-Assignment. This Agreement shall be binding upon, and inure to the benefit of, Company and its successors and assigns and upon any person acquiring, whether by merger, consolidation, purchase of assets or otherwise, all or substantially all of Company’s assets and business. The interests of the Affiliate shall not be assignable without the written consent of the Company, nor may Affiliate enter involuntarily assign, alienate or encumber its rights as set forth in this Agreement.
11.8 Survival. The termination of this Agreement shall not affect any accrued rights or liabilities of either party or affect the coming into force or the continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after termination.
11.9 Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement and the provisions held to be invalid or unenforceable shall be deemed amended in such a manner as to render them enforceable and to effectuate as nearly as possible the original intentions of the parties.
11.10 Interpretation. The Parties each acknowledges that this Agreement was fully negotiated by the Parties and, therefore, no provision of this Agreement shall be interpreted against any party because such party or its legal representative drafted such provision.
11.11 Gender and Number. Whenever required by the context, as used in this Agreement, the singular number shall include the plural and the neuter shall include the masculine or feminine gender, and vice versa.
11.12 Counterparts. This Agreement may be executed and delivered in hard copy or electronically in counterparts, each of which when executed and delivered shall be deemed an original and all of which together shall constitute one and the same instrument.
11.13 Knowing and Voluntary. The Parties each acknowledge and represent that they have carefully read and understand all the provisions of this Agreement, and the terms and conditions set forth in this Agreement. The Parties further acknowledge and represent that they enter into this Agreement freely, knowingly, and without coercion and based on their own judgment. Each Party has been given an opportunity to have an attorney of its choice review and advise that Party of the effect and meaning of this Agreement. The only promises made to any Party about this Agreement, and to sign this Agreement, are contained in this Agreement. The Parties are signing this Agreement voluntarily.
11.14 The Company reserves the right to alter the Compensation Plan at any time at its sole discretion, with or without notice, at any time and for any reason. The Affiliate should always refer to their Affiliate portal for their current Compensation Plan.
11.15 To the extent permitted by the applicable Law:
(a) The Company will not be liable for any loss, liability or cost (including consequential loss) suffered or incurred by the Affiliate as a result of instructions given, or any other communications being made, via the internet;
(b) The Company is not liable for any loss or damages that may be caused to any equipment or software due to any Viruses, defects or malfunctions in connection with the access to, or use of, the Company’s website, platforms, or Affiliate portal.
The Parties have executed this Agreement as of the date of registration by the Affiliate on the Company’s website.
Appendix I – Compensation Plan
I. Fee Rate. The Affiliate shall receive a percentage of the fees paid from each End-User Affiliate refers to the Company through their dedicated and unique referral hyperlink. The following rates shall apply which will depend on the number of unique End-Users each Affiliate will refer:
Tier 1: Affiliate will earn 10% of any fees paid by each End-User the Affiliate refers.
Tier 2: Once the Affiliate refers 51 unique End-Users, the percentage will increase to 15% of any fees paid by each End-User the Affiliate refers.
Tier 3: Once the Affiliate cumulatively refers 151 unique End-Users, the percentage will increase to 20% of any fees paid by each End-User the Affiliate refers.
II. Affiliates shall not receive any commissions on purchases by End-Users pursuant to a sponsored promotion by the Company or discount.
Declaração de risco: As informações fornecidas neste sítio Web não constituem um conselho de investimento, uma recomendação ou uma solicitação para participar em qualquer atividade de investimento. As transacções nos mercados financeiros implicam um elevado nível de risco.
As informações contidas neste sítio não são dirigidas a residentes de qualquer país e não se destinam a distribuição ou utilização por qualquer pessoa em qualquer país ou jurisdição onde tal distribuição ou utilização seja contrária às leis ou regulamentos locais.
Este sítio Web é gerido pela Ultimate Traders Evaluation Ltd, uma empresa sediada no Reino Unido, com o número de registo 14665391 e endereço Summit House, 170 Finchley Road, Londres, NW3 6BP, Reino Unido.
Please note that all accounts we provide to our clients are demo accounts with fictitious funds and any trading is in a simulated environment only.