This Affiliate Program Agreement (“Affiliate Agreement”) sets forth the terms and conditions of your participation in the Fibtc Ltd Affiliate Program (“Affiliate Program”). The Affiliate Agreement shall be supplemental to the terms of our User Agreement and Privacy Policy.
By participating and registering for the Affiliate Program, you confirm your acceptance to the Affiliate Agreement and the User Agreement And Privacy Policy. If you do not agree with the terms and conditions herein, please do not participate in the Affiliate Program.
Disclaimer: No material or any other information which may be made available on the Site or Platform shall constitute or be construed as a recommendation, endorsement, offer, invitation or solicitation to enter into any transaction with or purchase any product, or otherwise deal with securities or other products. You further understand that none of the information providers are advising you personally concerning the nature, potential, value or suitability of any particular security or crypto asset, portfolio of securities or crypto assets, transaction, investment strategy or other matter, and any information provided is not tailored to the investment needs of any specific person. You understand that an investment in any security or crypto asset is subject to a number of risks, and that discussions of any security or crypto asset published on the Site or Platform may not contain a list or description of relevant risk factors. Please note that markets change continuously, and so any information, content, or other material provided on or through the Site or Platform may not be complete or current, or may be superseded by more current information. You rely on such information at your own risk.
Our Site and Platform are not intended to provide tax, legal, insurance or investment advice, and nothing on the Site or Platform should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or crypto asset by the Company. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
1. Definition
1.1. In this agreement:
“Affiliate”, “you”, “your” means you, the participant of the Affiliate Program. “Fibtc Ltd”, “we”, “us”, “our” means the operator of Fibtc Ltd Trading Platform. “Affiliate Links” means the links that are uniquely assigned by Fibtc Ltd to the Affiliate for the Affiliate’s use to direct third parties to the Platform or any website of our business where they can become our potential customers. “Affiliate Credentials” means the set of user identification, password, personal identification number, token and any other information provided to an Affiliate to access the Affiliate Program. “Affiliate Code” means the referral code assigned to an Affiliate which may be used by potential customers or Fibtc Ltd to identify the link between the Client and the Affiliate. “Commission” means any commission, rebate, or any monies earned by the Affiliate under the Affiliate Program. “Platform” means the Fibtc Ltd Trading Platform, including Fibtc Ltd and any of our associated websites, application programming interfaces, and mobile applications .
2. Eligibility
2.1. You must be at least 18 years of age to participate in the Affiliate Program.
2.2. You must not be residing in a jurisdiction which restricts or is illegal for you to participate in the Affiliate Program, use or access the Platform or use, hold, buy, sell, deal or otherwise be involved in the ownership of cryptocurrency.
2.3. Notwithstanding anything in this clause, we shall have the sole discretion to accept or reject your participation in the Affiliate Program.
2.4. YouTubers, crypto community leaders, writers in media, organisations and other content creators who are interested in becoming Fibtc Ltd affiliate partners have to meet the following criteria:
- Social media accounts with 5000+ followers
- Communities with 1000+ members
- Businesses and organisations with 2000+ user base
- All media publishing sites
3. Affiliate Account
3.1. On acceptance into the Affiliate Program, you shall establish an Affiliate Account on the Platform (or such other platform which we may provide for the Affiliate Program from time to time).
3.2. Your Affiliate Account can only be accessed by the Affiliate Credentials unique to you. You shall be solely responsible for ensuring that this is not disclosed or transferred to a third party.
3.3. Your Affiliate Account will provide up-to-date details of your participation in the Affiliate Program, including (but not limited to):
(1) your Affiliate Links
(2) the number of unique clicks from your Affiliate Links
(3) users who signed up or became our new customers through your Affiliate Links (“Clients”)
(4) trading volume of your Clients
(5) your Commissions, pending and paid out
3.4. The information displayed in your Affiliate Account shall be final, conclusive and binding. If you discover any discrepancy in your Affiliate Account you need to notify us immediately within 10 working days together with supporting evidence to substantiate your claim, failing which we are not obliged to investigate, review or remedy any claim.
3.5. Fibtc Ltd does not allow any user to self-invite through multiple accounts. If such activity is detected by Fibtc Ltd, all commission will be cancelled and all bonuses and kickbacks for the client’s accounts will be taken back at its sole discretion or terminate your Affiliate Account in the event of a violation of this Section 3.5.
3.6. Fibtc Ltd may, at its sole discretion, accept or decline any Client introduced by you and has the right to terminate the business relationship with any Client, at any time. All data relating to the Clients that open an account with Fibtc Ltd will remain as Fibtc Ltd’s sole and exclusive property and the Affiliate has no right to such information.
4. Sub-Affiliate
4.1. If any of your direct Clients becomes an Affiliate in the Affiliate Program (a “Client Affiliate”) who refers new Clients to the Platform, then such Client Affiliate will be deemed as a Sub-Affiliate of you, except when such Client Affiliate declares to become a Sub-Affiliate of another Affiliate (in which case, for the avoidance of doubt, such Client Affiliate remains your Client but will be treated a Sub-Affiliate of the declared Affiliate for the purpose of calculating their respective Affiliate’s Commissions) subject to Fibtc Ltd’s approval. In the case of any conflicting claims as to Sub-Affiliates, Fibtc Ltd reserves the right to determine the matter at its sole discretion and the Affiliate hereby agrees and accepts that Fibtc Ltd’s determination shall be final and conclusive with no liability to any party involved.
4.2. All Sub-Affiliates and or Traders shall agree to share their account activities with their Master Affiliate and or Master Trader for the purpose of commissions calculation. In the case of any conflicting claims as to Sub-Affiliates, the Company reserves the right to determine the matter at its sole discretion and the Affiliate hereby agrees and accepts that the Company’s determination shall be final and conclusive with no liability to any party involved.
5. Services Performed by the Affiliate
5.1. You shall, as a key opinion leader, use your utmost diligent efforts to promote, recommend or refer to the Platform and our business in general.
5.2. You shall not:
(1) bid on any terms in any search engine that mention “Fibtc Ltd”, its related domain (including any of its derivatives or misspelling) or any keywords that contain such terms
(2) use any of our domains as your display URL
(3) engage in activities which at our sole discretion is harmful to us or our customers
(4) make any false, inaccurate or misleading information about us or the Platform
(5) represent or imply that you or your efforts are a part of our business other than your participation in the Affiliate Program
(6) engage in any unsolicited email (such as spamming) or indiscriminate advertising
(7) advocate, promote or encourage any violence or form of violence or discrimination or form of discrimination against any person or group of persons
(8) create or include content which contains pornography or other sexual or adult material
(9) represent or imply that your content represents or reflect the our views, opinion or advice
(10) make any statement or promise on the rate of return, risks or success through the use of the Platform or any of our products or services
(11) conduct or involve in any fraudulent trading activity (such as pump and dump schemes)
(12) engage directly or indirectly in any deceptive or fraudulent conduct to encourage, misled, coerce or incentivise third parties from clicking or accessing the Affiliate Links
(13) redirect any User away from the Company’s Site
(14) disables, damages or alters the functioning or appearance of the Platform
5.3. You may conduct these efforts to promote, recommend or refer to the Platform and our business in any manner of your choosing so long as it is not in contravention of this agreement, any of your obligations towards us, any obligations you may have towards a third party, or any law which may be applicable to you.
6. Commissions
6.1. You will be paid an amount based on applying the Applicable Commission Ratio to the Applicable Fees paid by your Clients. For the purposes of this agreement, Applicable Fees shall be the net of fees paid by your Clients to us less (i) fee discounts offered by us to your Client’s; (ii) any fees which we pay to third parties for the trades made by your Clients; and (iii) any fees incurred by your Clients due to their use of third-party trading tools, bonuses paid by us to your Client and any other costs which your Clients incurred from trading.
6.2. Any changes to your level of Applicable Commission Ratio will not apply retroactively to your Commission earned or will be earned prior to such change.
6.3. The latest Applicable Commission Ratio for each level can be found on the Affiliate Program page.
6.4. If any of your Clients subsequently participates in the Affiliate Program, you shall be entitled to 10% of their Commissions.
6.5. Payment of your Commission will be paid in the cryptocurrencies based on the trades made by your Clients and will be credited to your Affiliate Account once each trade is processed.
6.6. You will not be entitled to any commission from your own use of our Platform, products or services.
6.7. We shall not be liable for any lost opportunity to earn Commission due to any cause (such as but not limited to technical difficulties, system outages) that prevents us from registering any potential Clients, executing trades, or offering any products or services to your Clients or potential Clients.
7. No Obligation
7.1. We shall not be under any obligation to accept and/or onboard any third party referred from your Affiliate Links.
7.2. We are also not under any obligation to provide you with any assistance to you under the Affiliate Program. Any assistance which we provide are on a goodwill basis and shall not be deemed to create any obligation on our part.
8. No Agency
8.1. You are an independent contractor and not an employee of Fibtc Ltd. We will not provide any fringe benefits, including paid health insurance benefits, paid vacation or any other employee benefit.
8.2. Nothing in this agreement will be construed to create any association, partnership, joint venture, employee or agency relationship between you and us.
9. Intellectual Property
9.1. We grant you the non-exclusive right to use the trademark “Fibtc Ltd” for the purpose of establishing a link to the Platform and our products and services and for no other purpose.
9.2. We continue to retain all ownership, right, title and interest in and to our trademarks, trade names, service marks, inventions, copyright, trade secrets, patent, technology, software and know-how related to the design, function or operation of the Platform, our web sites, products and services (the “Intellectual Property”).
9.3. You will not, at any time, do or cause to be done any act or thing contesting or in any way impairing or tending to impair any of our right, title and interest in our Intellectual Property. Your rights are strictly limited to the rights expressly granted in this agreement.
10. Indemnification and Limitation of Liability
10.1. You shall, to the furthest extent permitted by law, indemnify and hold harmless Fibtc Ltd and our respective officers, directors, members, employees, agents and representatives against all claims, liabilities, losses, expenses and fees, including attorney’s fees, costs and judgments that is or may be asserted against us that results from your act or omission including, without limitation, any breach of your obligations under this agreement.
10.2. Except as otherwise required by law, in no event shall either party be liable for any special, indirect, consequential or punitive damages, including but not limited to loss of profits, whether in an action in contract, tort or otherwise, arising out of or in any way connected with this agreement, provided that this limitation of liability shall not apply in the event of a party’s gross negligence, willful misconduct or fraud.
11. Changes
11.1. We reserve the right to vary the terms of the Affiliate Agreement at any time for any reason which we deem appropriate at our discretion.
11.2. Any changes to the Commission will not be applied retroactively to the Commissions which you earn or will be earning prior to the effective date of such change.
11.3. The latest Affiliate Agreement can be found on the Affiliate Program page. By continuing to participate in the Affiliate Program, you agree and accept to be bound by the latest Affiliate Agreement.
12. Termination
12.1. We reserve the right to terminate the Affiliate Program at any time for any reason at our discretion.
12.2. If your participation in the Affiliate Program is terminated due to any breach of your obligations herein, any outstanding Commission will be forfeited.
12.3. Otherwise, any Commission earned prior to the termination will still be available and paid to you up to the termination date.
13. Miscellaneous
13.1. This agreement has been drafted in English. Although translations in other languages of this agreement may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of this agreement and any other translations thereof, the English language version of this agreement shall prevail.
13.2. This agreement embodies all the terms and conditions agreed upon and supersedes and cancels in all respects all previous agreements and undertakings, whether such be written or oral.
13.3. No failure to exercise, nor any delay in exercising, any right or remedy under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
13.4. No remedy conferred by any of the provisions of this agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise.
13.5. If any provision of this agreement is held to be illegal, invalid or unenforceable in whole or in part in any jurisdiction, this agreement shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision; and the legality, validity and enforceability of such provision in any other jurisdiction shall be unaffected.
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