Affiliate Obligations. 4.1 It is agreed that the Affiliate shall provide the Services diligently, according to ATFX instructions, policies and branding guidelines at all times. 4.2 The Affiliate shall have no authority, and shall not hold themselves out, or permit any person to hold itself out, as being authorised to bind ATFX in any way, and shall not do any act which might reasonably create the impression that the Affiliate is so authorised. The Affiliate shall not make or enter into any contracts or commitments or incur any liability for or on behalf of ATFX, including for the provision of the Services or the price for them, and shall not negotiate any terms for the provision of the Services with the Leads. 4.3 The Affiliate shall not produce any marketing material for the Services or use the ATFX name, logo or trade marks on any marketing material for the Services without the prior written consent of ATFX. 4.4 The Affiliate must not make any misleading, untrue or inaccurate statements or representations, promises or guarantees to a user of its website or a Lead. 4.5 At any time, ATFX may request the Affiliate to refrain from directing Leads to ATFX from a particular geographic region. The Affiliate shall immediately abide by any such notice. 4.6 The Affiliate shall not do any act which would or might damage the reputation and good will of ATFX or engage in any actions that may be illegal, fraudulent or deceitful. 4.7 Any immediate family members, affiliated companies and/or officers of the Affiliate will be disqualified from being clients of ATFX. 4.8 During the term of this Agreement, the Affiliate agrees to comply at all times with the following obligations: 4.8.1 Maintain all licenses and permits and obtain all consents and other approvals required; 4.8.2 Comply with all laws and rules that are applicable to the provision of its Services; 4.8.3 Perform the Services in a manner designed to avoid incurring any damage to ATFX or their property, assets, reputation or goodwill; 4.8.4 Keep detailed books and records of its activities and provide ATFX upon its request with information relating to its activities under this Agreement; 4.8.5 Provide ATFX with prompt notice of the occurrence of or any intent to effect a change of ownership or control of the Affiliate. 4.9 The Affiliate must not be in direct competition with ATFX. No Competitive Marketing means that the Affiliate shall not be entitled to be in direct competition with ATFX’s marketing channels, including but not limited to social media websites such as Facebook, Twitter, Plus. Google, YouTube; search engines, including but not limited to Xxxxxx.xxx, Bing .com; any other software application or platform where the Company markets its products directly including but not limited to Googleplay or Itunes.
Appears in 2 contracts
Samples: Affiliate Agreement, Affiliate Agreement
Affiliate Obligations. 4.1 It is agreed that the Affiliate shall provide the Services diligently, according to ATFX Hantec Markets’ instructions, policies and branding guidelines at all times.
4.2 The Affiliate shall have no authority, and shall not hold themselves out, or permit any person to hold itself out, as being authorised to bind ATFX Hantec Markets in any way, and shall not do any act which might reasonably create the impression that the Affiliate is so authorised. The Affiliate shall not make or enter into any contracts or commitments or incur any liability for or on behalf of ATFXHantec Markets, including for the provision of the Services or the price for them, and shall not negotiate any terms for the provision of the Services with the Leads.
4.3 The Affiliate shall not produce any marketing material for the Services or use the ATFX Hantec Markets name, logo or trade marks trademarks on any marketing material for the Services without the prior written consent of ATFXHantec Markets.
4.4 The Affiliate must not make any misleading, untrue untrue, or inaccurate statements or representations, promises or guarantees to a user of its website or a Lead. Any statement/representation on the website must be approved by the Company first.
4.5 At any time, ATFX Hantec Markets may request the Affiliate to refrain from directing Leads to ATFX Hantec Markets from a particular geographic region. The Affiliate shall immediately abide by any such notice.
4.6 The Affiliate shall not do any act which would or might damage the reputation and good will goodwill of ATFX Hantec Markets or engage in any actions that may be illegal, unethical, fraudulent or deceitful.
4.7 Any immediate family members, affiliated companies and/or officers of the Affiliate will be disqualified from being clients of ATFXHantec Markets. Affiliate’s performance of its obligations under this agreement shall not conflict with any other agreement or obligation to which Affiliate is bound.
4.8 During the term of this Agreement, the Affiliate agrees to comply at all times with the following following-obligations:
4.8.1 Maintain all licenses and permits and obtain all consents and other approvals required;
4.8.2 Comply with all laws and rules that are applicable to the provision of its Services;
4.8.3 Perform the Services in a manner designed to avoid incurring any damage to ATFX Hantec Markets or their property, assets, reputation or goodwill;
4.8.4 Keep detailed books and records of its activities and provide ATFX Hantec Markets upon its request with information relating to its activities under this Agreement;
4.8.5 Provide ATFX Hantec Markets with prompt notice of the occurrence of or any intent to effect a change of ownership or control of the Affiliate.. Any change in authorised signatories of the Affiliate must be notified immediately to the Company.
4.9 The Affiliate must not be in direct competition with ATFXHantec Markets. No Competitive Marketing means that the Affiliate shall not be entitled to be in direct competition with ATFX’s Hantec Markets marketing channels, including but not limited to social media websites such as Facebook, Twitter, Plus. Google, YouTube; search engines, including but not limited to Xxxxxx.xxx, Bing .com; or any other software application or platform where the Company markets its products directly including but not limited to Googleplay Google Play or ItunesiTunes.
4.10 The Affiliate shall provide the Company with all information requested by the Company to enable the Company to approve the relevant Sub-Affiliate.
4.11 The Affiliate shall procure that the Sub-Affiliate shall fully comply with all the provisions of this Agreement, and any separate Agreement executed between the Sub-Affiliate and the Company, with the Program and any instructions of the Company.
4.12 This Agreement shall be binding on and extend to and cover the Sub-Affiliates, where applicable. Any breach of the above obligations, the Company shall terminate the Agreement with immediate effect and as of right by a simple written notice.
4.13 The Affiliate must not:
4.13.1 create Hantec Markets emails, content, images or graphics, copy any content from Hantec Markets websites and/or publications and post it on to any website and/or elsewhere else without Hantec Markets prior written consent;
4.13.2 Make, use, or publish claims any literature on Hantec Markets and /or the Hantec Markets products without prior written approval;
4.13.3 Make or publish statements on claims of quick earnings, risk-free strategies, and zero losses;
4.13.4 Remove or detach risk warnings from any emails, content, images, graphics or banners obtained by Hantec Markets via its affiliate portal or otherwise;
4.13.5 Publish illegal, inappropriate, indecent and obscene content on its website including but not limited to pornographic, sexually explicit, or adult-related content;
4.13.6 Direct the Services to people under 18 years of age;
4.13.7 Copy, imitate, or mirror the look and feel of the Hantec Markets website, create, publish, distribute, or print any written material that makes reference to Hantec Markets Affiliate Program;
4.13.8 Use any malicious computer program, malware, Trojans, spyware, spam, script or practice intended to damage, interfere, modify or unlawfully obtain any system, data or personal information;
4.13.9 Use the brand name ‘Hantec Markets’ in any section of the PPC advertisement aside from a display URL when ‘Hantec Markets’ comes in the form of subfolder or subdirectory;
4.13.10 Direct link PPC advertisements to an Hantec Markets web page (the ad should link to an affiliate website and not directly to the Hantec Markets website). In the event that Affiliate is in breach of the foregoing provisions, Company reserves the right to render the Tracking URLs assigned to Affiliate inoperative immediately without notice and Affiliate shall have no claims against the Company, its directors, officers, shareholders or employees in respect of such action taken by the Company.
4.14 The Affiliate hereby shall indemnify and hold harmless Hantec Markets Limited and its affiliates or subsidiaries, and their respective officers, directors, employees, and agents against all costs, expenses, fines, penalties, losses, judgments, damages, liabilities and other amounts (including without prejudice to the generality of the foregoing, lawyers’, actuaries’, accountants’ and experts’ fees and settlement amounts) arising out of any suit, claim or proceeding in connection with this Agreement and resulting from
4.14.1 Any failure of the Affiliate to comply with any or all of the terms of this Agreement;
4.14.2 Any breach of any representation or warranty by the Affiliate;
4.14.3 Any act or omission by the Affiliate and /or the Affiliate’s officers, directors, employees, and/ or agents of each of the foregoing; and
4.14.4 Any act of dishonesty or fraud by the Affiliate in the conduct of the Affiliate’s and/or Affiliate’s business or in relation to any matter under this Agreement.
Appears in 2 contracts
Samples: Affiliate Agreement, Affiliate Agreement
Affiliate Obligations. 4.1 It is agreed that the Affiliate shall provide the Services diligently, according to ATFX Hantec Markets’ instructions, policies and branding guidelines at all times.
4.2 The Affiliate shall have no authority, and shall not hold themselves out, or permit any person to hold itself out, as being authorised to bind ATFX Hantec Markets in any way, and shall not do any act which might reasonably create the impression that the Affiliate is so authorised. The Affiliate shall not make or enter into any contracts or commitments or incur any liability for or on behalf of ATFXHantec Markets, including for the provision of the Services or the price for them, and shall not negotiate any terms for the provision of the Services with the Leads.
4.3 The Affiliate shall not produce any marketing material for the Services or use the ATFX Hantec Markets name, logo or trade marks trademarks on any marketing material for the Services without the prior written consent of ATFXHantec Markets.
4.4 The Affiliate must not make any misleading, untrue untrue, or inaccurate statements or representations, promises or guarantees to a user of its website or a Lead. Any statement/representation on the website must be approved by the Company first.
4.5 At any time, ATFX Hantec Markets may request the Affiliate to refrain from directing Leads to ATFX Hantec Markets from a particular geographic region. The Affiliate shall immediately abide by any such notice.
4.6 The Affiliate shall not do any act which would or might damage the reputation and good will goodwill of ATFX Hantec Markets or engage in any actions that may be illegal, fraudulent or deceitful.
4.7 Any immediate family members, affiliated companies and/or officers of the Affiliate will be disqualified from being clients of ATFXHantec Markets.
4.8 During the term of this Agreement, the Affiliate agrees to comply at all times with the following following-obligations:
4.8.1 Maintain all licenses and permits and obtain all consents and other approvals required;
4.8.2 Comply with all laws and rules that are applicable to the provision of its Services;
4.8.3 Perform the Services in a manner designed to avoid incurring any damage to ATFX Hantec Markets or their property, assets, reputation or goodwill;
4.8.4 Keep detailed books and records of its activities and provide ATFX Hantec Markets upon its request with information relating to its activities under this Agreement;
4.8.5 Provide ATFX Hantec Markets with prompt notice of the occurrence of or any intent to effect a change of ownership or control of the Affiliate.. Any change in authorised signatories of the Affiliate must be notified immediately to the Company.
4.9 The Affiliate must not be in direct competition with ATFXHantec Markets. No Competitive Marketing means that the Affiliate shall not be entitled to be in direct competition with ATFX’s Hantec Markets marketing channels, including but not limited to social media websites such as Facebook, Twitter, Plus. Google, YouTube; search engines, including but not limited to Xxxxxx.xxx, Bing .com; or any other software application or platform where the Company markets its products directly including but not limited to Googleplay Google Play or ItunesiTunes.
4.10 The Affiliate shall provide the Company with all information requested by the Company to enable the Company to approve the relevant Sub-Affiliate.
4.11 The Affiliate shall procure that the Sub-Affiliate shall fully comply with all the provisions of this Agreement, and any separate Agreement executed between the Sub-Affiliate and the Company, with the Program and any instructions of the Company.
4.12 This Agreement shall be binding on and extend to and cover the Sub-Affiliates, where applicable. Any breach of the above obligations, the Company shall terminate the Agreement with immediate effect and as of right by a simple written notice.
4.13 The Affiliate must not:
4.13.1 create Hantec Markets emails, content, images or graphics, copy any content from Hantec Markets websites and/or publications and post it on to any website and/or elsewhere else without Hantec Markets prior written consent;
4.13.2 Make, use, or publish claims any literature on Hantec Markets and /or the Hantec Markets products without prior written approval;
4.13.3 Make or publish statements on claims of quick earnings, risk-free strategies, and zero losses;
4.13.4 Remove or detach risk warnings from any emails, content, images, graphics or banners obtained by Hantec Markets via its affiliate portal or otherwise;
4.13.5 Publish illegal, inappropriate, indecent and obscene content on its website including but not limited to pornographic, sexually explicit, or adult-related content;
4.13.6 Direct the Services to people under 18 years of age;
4.13.7 Copy, imitate, or mirror the look and feel of the Hantec Markets website, create, publish, distribute, or print any written material that makes reference to Hantec Markets Affiliate Program;
4.13.8 Use any malicious computer program, malware, Trojans, spyware, spam, script or practice intended to damage, interfere, modify or unlawfully obtain any system, data or personal information;
4.13.9 Use the brand name ‘Hantec Markets’ in any section of the PPC advertisement aside from a display URL when ‘Hantec Markets’ comes in the form of subfolder or subdirectory;
4.13.10 Direct link PPC advertisements to an Hantec Markets web page (the ad should link to an affiliate website and not directly to the Hantec Markets website). In the event that Affiliate is in breach of the foregoing provisions, Company reserves the right to render the Tracking URLs assigned to Affiliate inoperative immediately without notice and Affiliate shall have no claims against the Company, its directors, officers, shareholders or employees in respect of such action taken by the Company.
4.14 The Affiliate hereby shall indemnify and hold harmless Hantec Markets Limited and its affiliates or subsidiaries, and their respective officers, directors, employees, and agents against all costs, expenses, fines, penalties, losses, judgments, damages, liabilities and other amounts (including without prejudice to the generality of the foregoing, lawyers’, actuaries’, accountants’ and experts’ fees and settlement amounts) arising out of any suit, claim or proceeding in connection with this Agreement and resulting from.
4.14.1 Any failure of the Affiliate to comply with any or all of the terms of this Agreement;
4.14.2 Any breach of any representation or warranty by the Affiliate;
4.14.3 Any act or omission by the Affiliate and /or the Affiliate’s officers, directors, employees, and/ or agents of each of the foregoing; and
4.14.4 Any act of dishonesty or fraud by the Affiliate in the conduct of the Affiliate’s and/or Affiliate’s business or in relation to any matter under this Agreement.
Appears in 1 contract
Samples: Affiliate Agreement
Affiliate Obligations. 4.1 It is agreed that the Affiliate shall provide the Services diligently, according to ATFX CFI instructions, policies and branding guidelines at all times.
4.2 The Affiliate shall have no authority, and shall not hold themselves out, or permit any person to hold itself out, as being authorised to bind ATFX CFI in any way, and shall not do any act which might reasonably create the impression that the Affiliate is so authorised. .
4.3 The Affiliate shall not make or enter into any contracts or commitments or incur any liability for or on behalf of ATFXCFI, including for the provision of the Services or the price for them, and shall not negotiate any terms for the provision of the Services with the Leads.
4.3 4.4 The Affiliate must have an active website
4.4.1 The Affiliate’s website must provide balanced and impartial trading or financial information (this is subject to our review)
4.4.2 The Affiliate’s website must be targeting an audience above 18 years old
4.5 The Affiliate shall not produce any marketing material for the Services or use the ATFX CFI name, logo or trade marks trademarks on any marketing material for the Services without the prior written consent of ATFXCFI.
4.4 4.6 The Affiliate must not make any misleading, untrue or inaccurate statements or representations, promises or guarantees to a user of its website or a Lead.
4.5 4.7 At any time, ATFX CFI may request the Affiliate to refrain from directing Leads to ATFX CFI from a particular geographic regionjurisdiction. The Affiliate shall immediately abide by any such notice.
4.6 4.8 The Affiliate shall not do conduct any act which would or might damage the reputation and good will goodwill of ATFX CFI or engage in any actions that may be illegal, fraudulent or deceitful.
4.7 4.9 Any immediate family members, affiliated companies and/or officers of the Affiliate will be disqualified from being clients of ATFXCFI.
4.8 4.10 During the term of this Agreement, the Affiliate agrees to comply at all times with the following obligations:
4.8.1 4.10.1 Maintain all licenses and permits and obtain all consents and other approvals required;
4.8.2 4.10.2 Comply with all laws and rules that are applicable to the provision of its Services;
4.8.3 4.10.3 Perform the Services in a manner designed to avoid incurring any damage to ATFX CFI or their property, assets, reputation or goodwill;
4.8.4 4.10.4 Keep detailed books and records of its activities and provide ATFX CFI upon its request with information relating to its activities under this Agreement;
4.8.5 4.10.5 Provide ATFX CFI with prompt notice of the occurrence of or any intent to effect a change of ownership or control of the Affiliate.
4.9 4.11 The Affiliate must not be in direct competition with ATFXCFI. No Competitive Marketing means that the Affiliate shall not be entitled to be in direct competition with ATFXCFI’s marketing channels, including but not limited to social media websites such as Facebook, Twitter, Plus. Google, YouTube; search engines, including but not limited to Xxxxxx.xxx, Bing .com; any other software application or platform where the Company markets its products directly including but not limited to Googleplay Google Play or ItunesiTunes.
Appears in 1 contract
Samples: Affiliate Agreement
