REPRESENTATIONS AND WARRANTIES AND GENERAL OBLIGATIONS OF THE AFFILIATE. 3.1. The Affiliate hereby represents and warrants that: a. it understands that the Company is authorised and regulated in the conduct of its activities and shall adhere at all times to applicable Rules. The Affiliate understands, accepts and agrees that it will at all times ensure that none of its actions cause any actual or potential breach of the applicable Rules by the Company or Group and undertakes to cooperate with the Company in any requests aimed at achieving or enhancing the Company’s compliance with the applicable Rules; b. it undertakes that its marketing activity and/or any content to be posted and/or by Affiliates shall not engage in any other practices which may affect adversely the high image, credibility or reputation of the Company and/or Group, its Services and/or its trading platforms; c. the Affiliate has read this Agreement and agrees to all its terms. This Agreement constitutes the Affiliate’s legal, valid, and binding obligation, enforceable against the Affiliate in accordance with its terms and the Affiliate has the capacity and authority to enter into and perform this Agreement; d. while performing this Agreement the Affiliate shall comply with all applicable Rules and legislation including (but not limited) those relating to anti-bribery, anti-corruption, personal data protection and anti- money laundering; e. if the Affiliate is a legal person, it is duly organized, validly existing and in good standing under the laws of his jurisdiction; f. if the Affiliate is a natural person, he is 18 years old or older; g. the Affiliate does not require any authorization to render the Services, or, if it does, until the commencement of this Agreement it has already obtained such an authorization (in the later case the Affiliate shall give the Company a copy of the relevant authorization) or it is not in any way prohibited from acting as Affiliate; h. the Affiliate is aware and agrees that each Introduced Trader must link to the Site(s) through the Tracking URL and sign up on the Site to enable such Affiliate to receive the Affiliate Fee in relation to such Introduced Trader(s); i. it will not do, or neglect to do, anything which as a result of its action or omission, leads to a detrimental outcome for the Company, Group or its clients; or it shall not make any misrepresentations regarding the Company and Group, their services; j. it will not make any representation or statement or warranty concerning the Company and Group except as authorised by the Company; k. it shall not in any way represent that the Company and/or Group offers, solicits or recommends to buy or sell its services in breach of relevant Rules or regulations; and/or that the Company and Group guarantee or will guarantee (including that it may be construed like that) their client against loss when receiving services from the Company or Group; make statement or promise for and on behalf of the Company and Group; l. it shall not provide investment advice or any advice with respect to the services and the products offered by the Company or Group or to communicate with Clients; it shall not be placing orders on behalf of the Clients; it shall not accept nor hold any Client money; m. it shall disclose to the Company promptly any complaint, regulatory investigation, or disciplinary action or any other development that may have a material impact on the Affiliate’s ability to provide the services hereunder in accordance with applicable Rules; n. it has (and its employees, if applicable), have the necessary qualifications and skills in order to carry out the activities contemplated by this Agreement; o. it shall protect any Confidential Information; p. it shall not transfer any personal data when sending information to the Company in order for the Company to monitor, track or calculate the Affiliate Fee; it shall comply with Data Protection Laws and shall obtain lawful authority (which may include obtaining consents) in order to use any online tracking technologies in respect of its participation in the Program; q. it is not bankrupt or subject to any administrative, insolvency, tax or other proceedings; r. it shall be solely responsible to any matter related to the Affiliate websites, including with respect to the technical operation thereof and to the accuracy of the information and materials posted therein. The Affiliate undertakes that the Affiliate websites shall not look like and/or create the impression that they are Company’s Websites and that such Affiliate websites shall not contain and/or display any information and/or materials of the Company and/or Group unless the content of such information and/or materials and/or the manner in which they are displayed are in compliance with this Agreement. In the event that the Company shall require the Affiliate to remove from the Affiliate websites and/or any other marketing media used by the Affiliate any content related to Company, the Affiliate shall immediately comply with such request and shall remove such content within not later than 24 hours from Company's request. The Affiliate further undertakes not to use any domain names similar to the domain names used by Company including any domain containing any of the Group. The Company does not assume any responsibility towards the Affiliate and/or any third party acting on such information contained in the Affiliate websites; s. it hereby releases the Company from any and all responsibilities for the accuracy or reliability or correctness of the information (including feeds, whether provided by Company) presented to Clients. The Affiliate further acknowledges that it is aware that the information presented to Clients shall not infer a recommendation to enter into or refrain from entering into specific trading.
Appears in 1 contract
Samples: Affiliate Agreement
REPRESENTATIONS AND WARRANTIES AND GENERAL OBLIGATIONS OF THE AFFILIATE. 3.1. The Affiliate Affiliate hereby represents and warrants that:
a. it understands that the Company is authorised and regulated in the conduct of its activities and shall adhere at all times to applicable Rules. The Affiliate Affiliate understands, accepts and agrees that it will at all times ensure that none of its actions cause any actual or potential breach of the applicable Rules by the Company or Group and undertakes to cooperate with the Company in any requests aimed at achieving or enhancing the Company’s compliance with the applicable Rules;
b. it undertakes that its marketing activity and/or any content to be posted and/or by Affiliates Affiliates shall not engage in any other practices which may affect adversely the high image, credibility or reputation of the Company and/or Group, its Services and/or its trading platforms;
c. the Affiliate Affiliate has read this Agreement and agrees to all its terms. This Agreement constitutes the AffiliateAffiliate’s legal, valid, and binding obligation, enforceable against the Affiliate Affiliate in accordance with its terms and the Affiliate Affiliate has the capacity and authority to enter into and perform this Agreement;
d. while performing this Agreement the Affiliate Affiliate shall comply with all applicable Rules and legislation including (but not limited) those relating to anti-bribery, anti-corruption, personal data protection and anti- money laundering;
e. if the Affiliate Affiliate is a legal person, it is duly organized, validly existing and in good standing under the laws of his jurisdiction;
f. if the Affiliate Affiliate is a natural person, he is 18 years old or older;
g. the Affiliate Affiliate does not require any authorization to render the Services, or, if it does, until the commencement of this Agreement it has already obtained such an authorization (in the later case the Affiliate Affiliate shall give the Company a copy of the relevant authorization) or it is not in any way prohibited from acting as AffiliateAffiliate;
h. the Affiliate Affiliate is aware and agrees that each Introduced Trader must link to the Site(s) through the Tracking URL and sign up on the Site to enable such Affiliate Affiliate to receive the Affiliate Affiliate Fee in relation to such Introduced Trader(s);
i. it will not do, or neglect to do, anything which as a result of its action or omission, leads to a detrimental outcome for the Company, Group or its clients; or it shall not make any misrepresentations regarding the Company and Group, their services;
j. it will not make any representation or statement or warranty concerning the Company and Group except as authorised by the Company;
k. it shall not in any way represent that the Company and/or Group offers, solicits or recommends to buy or sell its services in breach of relevant Rules or regulations; and/or that the Company and Group guarantee or will guarantee (including that it may be construed like that) their client against loss when receiving services from the Company or Group; make statement or promise for and on behalf of the Company and Group;
l. it shall not provide investment advice or any advice with respect to the services and the products offered by the Company or Group or to communicate with Clients; it shall not be placing orders on behalf of the Clients; it shall not accept nor hold any Client money;
m. it shall disclose to the Company promptly any complaint, regulatory investigation, or disciplinary action or any other development that may have a material impact on the AffiliateAffiliate’s ability to provide the services hereunder in accordance with applicable Rules;
n. it has (and its employees, if applicable), have the necessary qualifications qualifications and skills in order to carry out the activities contemplated by this Agreement;
o. it shall protect any Confidential Confidential Information;
p. it shall not transfer any personal data when sending information to the Company in order for the Company to monitor, track or calculate the Affiliate Affiliate Fee; it shall comply with Data Protection Laws and shall obtain lawful authority (which may include obtaining consents) in order to use any online tracking technologies in respect of its participation in the Program; ;
q. it is not bankrupt or subject to any administrative, insolvency, tax or other proceedings;
r. it shall be solely responsible to any matter related to the Affiliate Affiliate websites, including with respect to the technical operation thereof and to the accuracy of the information and materials posted therein. The Affiliate Affiliate undertakes that the Affiliate Affiliate websites shall not look like and/or create the impression that they are Company’s Websites and that such Affiliate Affiliate websites shall not contain and/or display any information and/or materials of the Company and/or Group unless the content of such information and/or materials and/or the manner in which they are displayed are in compliance with this Agreement. In the event that the Company shall require the Affiliate Affiliate to remove from the Affiliate Affiliate websites and/or any other marketing media used by the Affiliate Affiliate any content related to Company, the Affiliate Affiliate shall immediately comply with such request and shall remove such content within not later than 24 hours from Company's request. The Affiliate Affiliate further undertakes not to use any domain names similar to the domain names used by Company including any domain containing any of the Group. The Company does not assume any responsibility towards the Affiliate Affiliate and/or any third party acting on such information contained in the Affiliate Affiliate websites; ;
s. it hereby releases the Company from any and all responsibilities for the accuracy or reliability or correctness of the information (including feeds, whether provided by Company) presented to Clients. The Affiliate Affiliate further acknowledges that it is aware that the information presented to Clients shall not infer a recommendation to enter into or refrain from entering into specific specific trading.
Appears in 1 contract
Samples: Affiliate Agreement
REPRESENTATIONS AND WARRANTIES AND GENERAL OBLIGATIONS OF THE AFFILIATE. 3.1. The Affiliate Affiliate hereby represents and warrants that:
a. it understands that the Company is authorised and regulated in the conduct of its activities and shall adhere at all times to applicable Rules. The Affiliate Affiliate understands, accepts and agrees that it will at all times ensure that none of its actions cause any actual or potential breach of the applicable Rules by the Company or Group and undertakes to cooperate with the Company in any requests aimed at achieving or enhancing the Company’s compliance with the applicable Rules;
b. it undertakes that its marketing activity and/or any content to be posted and/or by Affiliates Affiliates shall not engage in any other practices which may affect adversely the high image, credibility or reputation of the Company and/or Group, its Services and/or its trading platforms;
c. the Affiliate Affiliate has read this Agreement and agrees to all its terms. This Agreement constitutes the AffiliateAffiliate’s legal, valid, and binding obligation, enforceable against the Affiliate Affiliate in accordance with its terms and the Affiliate Affiliate has the capacity and authority to enter into and perform this Agreement;
d. while performing this Agreement the Affiliate Affiliate shall comply with all applicable Rules and legislation including (but not limited) those relating to anti-bribery, anti-corruption, personal data protection and anti- money laundering;
e. if the Affiliate Affiliate is a legal person, it is duly organized, validly existing and in good standing under the laws of his jurisdiction;
f. if the Affiliate Affiliate is a natural person, he is 18 years old or older;
g. the Affiliate Affiliate does not require any authorization to render the Services, or, if it does, until the commencement conclusion of this Agreement it has already obtained such an authorization (in the later case the Affiliate Affiliate shall give the Company a copy of the relevant authorization) or it is not in any way prohibited from acting as AffiliateAffiliate;
h. the Affiliate Affiliate is aware and agrees that each Introduced Trader must link to the Site(s) through the Tracking URL and sign up on the Site to enable such Affiliate Affiliate to receive the Affiliate Affiliate Fee in relation to such Introduced Trader(s);
i. it will not do, or neglect to do, anything which as a result of its action or omission, leads to a detrimental outcome for the Company, Group or its clients; or it shall not make any misrepresentations regarding the Company and Group, their services;
j. it will not make any representation or statement or warranty concerning the Company and Group except as authorised by the Company;
k. it shall not in any way represent that the Company and/or Group offers, solicits or recommends to buy or sell its services in breach of relevant Rules or regulations; and/or that the Company and Group guarantee or will guarantee (including that it may be construed like that) their client against loss when receiving services from the Company or Group; make statement or promise for and on behalf of the Company and Group;
l. it shall not provide investment advice or any advice with respect to the services and the products offered by the Company or Group or to communicate with Clients; it shall not be placing orders on behalf of the Clients; it shall not accept nor hold any Client money;
m. it shall disclose to the Company promptly any complaint, regulatory investigation, or disciplinary action or any other development that may have a material impact on the AffiliateAffiliate’s ability to provide the services hereunder in accordance with applicable Rules;
n. it has (and its employees, if applicable), have the necessary qualifications qualifications and skills in order to carry out the activities contemplated by this Agreement;
o. it shall protect any Confidential Confidential Information;
p. it shall not transfer any personal data when sending information to the Company in order for the Company to monitor, track or calculate the Affiliate Affiliate Fee; it shall comply with Data Protection Laws and shall obtain lawful authority (which may include obtaining consents) in order to use any online tracking technologies in respect of its participation in the Program; ;
q. it is not bankrupt or subject to any administrative, insolvency, tax or other proceedings;
r. it shall be solely responsible to any matter related to the Affiliate Affiliate websites, including with respect to the technical operation thereof and to the accuracy of the information and materials posted therein. The Affiliate Affiliate undertakes that the Affiliate Affiliate websites shall not look like and/or create the impression that they are Company’s Websites and that such Affiliate Affiliate websites shall not contain and/or display any information and/or materials of the Company and/or Group unless the content of such information and/or materials and/or the manner in which they are displayed are in compliance with this Agreement. In the event that the Company shall require the Affiliate Affiliate to remove from the Affiliate Affiliate websites and/or any other marketing media used by the Affiliate Affiliate any content related to Company, the Affiliate Affiliate shall immediately comply with such request and shall remove such content within not later than 24 hours from Company's request. The Affiliate Affiliate further undertakes not to use any domain names similar to the domain names used by Company including any domain containing any of the Group. The Company does not assume any responsibility towards the Affiliate Affiliate and/or any third party acting on such information contained in the Affiliate Affiliate websites; ;
s. it hereby releases the Company from any and all responsibilities for the accuracy or reliability or correctness of the information (including feeds, whether provided by Company) presented to Clients. The Affiliate Affiliate further acknowledges that it is aware that the information presented to Clients shall not infer a recommendation to enter into or refrain from entering into specific specific trading.
Appears in 1 contract
Samples: Affiliate Agreement
REPRESENTATIONS AND WARRANTIES AND GENERAL OBLIGATIONS OF THE AFFILIATE. 3.1. The Affiliate Affiliate hereby represents and warrants that:
a. it understands that the Company is authorised and regulated in the conduct of its activities and shall adhere at all times to applicable Rules. The Affiliate understands, accepts and agrees that it will at all times ensure that none of its actions cause any actual or potential breach of the applicable Rules by the Company or Group and undertakes to cooperate with the Company in any requests aimed at achieving or enhancing the Company’s compliance with the applicable Rules;
b. it undertakes that its marketing activity and/or any content to be posted and/or by Affiliates shall not engage in any other practices which may affect adversely the high image, credibility or reputation of the Company and/or Group, its Services and/or its trading platforms;
c. the Affiliate Affiliate has read this Agreement and agrees to all its terms. This ;
b. this Agreement constitutes the AffiliateAffiliate’s legal, valid, and binding obligation, enforceable against the Affiliate Affiliate in accordance with its terms and the Affiliate Affiliate has the capacity and authority to enter into and perform this Agreement;
d. while c. performing this Agreement the Affiliate Affiliate shall comply with all applicable Rules and legislation rules of law including (but not limited) those relating to anti-bribery, anti-corruption, personal data protection and anti- money laundering;
e. d. if the Affiliate Affiliate is a legal person, it is duly organized, validly existing and in good standing under the laws of his jurisdiction;
f. e. if the Affiliate Affiliate is a natural person, he is 18 years old or older;
g. f. the Affiliate Affiliate does not require any authorization to render the Services, or, if it does, until the commencement conclusion of this Agreement it has already obtained such an authorization (in the later latter case the Affiliate Affiliate shall give the Company a copy of the relevant authorization) or it is not in any way prohibited from acting as Affiliate);
h. g. the Affiliate Affiliate is aware and agrees that each Introduced Trader must link to the Site(s) through the Tracking URL and sign up on the Site to enable such Affiliate Affiliate to receive the Affiliate Affiliate Fee in relation to such Introduced Trader(s);
i. h. it will not do, or neglect to do, anything which as a result of its action or omission, leads to a detrimental outcome for the Company, Group Company or its clients; or it shall not make any misrepresentations regarding the Company and Group, their services;
j. it will not make any representation or statement or warranty concerning the Company and Group except as authorised by the Company;
k. it shall not in any way represent that the Company and/or Group offers, solicits or recommends to buy or sell its services in breach of relevant Rules or regulations; and/or that the Company and Group guarantee or will guarantee (including that it may be construed like that) their client against loss when receiving services from the Company or Group; make statement or promise for and on behalf of the Company and Group;
l. it shall not provide investment advice or any advice with respect to the services and the products offered by the Company or Group or to communicate with Clients; it shall not be placing orders on behalf of the Clients; it shall not accept nor hold any Client money;
m. it shall disclose to the Company promptly any complaint, regulatory investigation, or disciplinary action or any other development that may have a material impact on the Affiliate’s ability to provide the services hereunder in accordance with applicable Rules;
n. it has (and its employees, if applicable), have the necessary qualifications and skills in order to carry out the activities contemplated by this Agreement;
o. it shall protect any Confidential Information;
p. it shall not transfer any personal data when sending information to the Company in order for the Company to monitor, track or calculate the Affiliate Fee; it shall comply with Data Protection Laws and shall obtain lawful authority (which may include obtaining consents) in order to use any online tracking technologies in respect of its participation in the Program; q. i. it is not bankrupt or subject to any administrative, insolvency, tax or other proceedings.
3.2. The Affiliate:
a. must show best skill, interest, high level of professionalism, due diligence and act in good faith at all times so as to satisfactorily fulfill its obligations arising under this Agreement;
r. it b. must comply with any business related instructions, directions and guidelines given by the Company in relation to the performance of this Agreement as well as with any other terms and / or conditions of cooperation between the Parties set forth on the Site(s);
c. must not contact Introduced Traders or communicate with them (all the Introduced Traders shall be solely responsible considered to any matter related to be the Affiliate websites, including with respect to the technical operation thereof and to the accuracy of the information and materials posted therein. The Affiliate undertakes that the Affiliate websites shall not look like and/or create the impression that they are Company’s Websites and that such Affiliate websites shall not contain and/or display any information and/or materials clients of the Company and/or Group only), unless otherwise has been explicitly allowed by the content Company in writing, or provide any advice to them;
d. must regularly check the Site(s) for any updated terms and conditions of trading (use of the Trading Platform) as well as any other disclosures and / or promotions issued by the Company and are available at the Site(s);
e. must inform the Company of any regulatory and / or legal investigation in respect of it or illegal interference into its commercial affairs immediately after the date of commencement of such information and/or materials and/or an investigation or interference;
f. must not hold and / or operate a trading account for any Introduced Trader and / or carry on any trades for Introduced Traders and / or accept and keep any Introduced Traders’ funds to be used in relation to this Agreement;
g. must not use Marketing Materials and / or Marks except for the manner in which purposes of performance of this Agreement;
h. must not target marketing to any persons who are under the age of 18 years old, or (provided they are displayed are older than 18 years old) under the age of majority in compliance the territory which the Affiliate is targeting;
i. must not transmit to or in any way, whether directly or indirectly, expose the Site(s), the Trading Platform and / or other Property of the Company to any computer virus or other similarly harmful or malicious material, virus or device;
j. must not support the Introduced Traders on any technical or other matters associated with this Agreement. In the use of the Trading Platform and must direct them to the Company in the event any such matters arise;
k. must not allow its interests to conflict with its duties under this Agreement as well as the interests of the Company;
l. must disclose to each prospective Introduced Trader that it provides services to the Company and must inform such prospective Introduced Traders that it has no authority or power act on behalf of the Company; m. must not use any language or practices that may be construed as offering any promise or guarantee of any trading gain or profits to any Introduced Trader;
n. must not engage in high pressure sales tactics or any unethical techniques with regard to any Introduced Trader and shall abide at all times by high ethical standards in its dealings with all Introduced Traders; o. must not refer to the Company any prospective Introduced Trader which does not have the knowledge or experience in dealing in CFDs or generally in receiving the services of the Company;
p. must ensure that all the information provided by it to prospective Introduces Traders is true, fair and accurate; q. must inform the prospective Introduced Traders that the Company shall require the Affiliate to remove from the Affiliate websites and/or any other marketing media used is an investment firm regulated by the Affiliate Cyprus Securities and Exchange Commission; r. as well as its website(s), must not be engaged, directly or indirectly, in conduct that the Company, at its sole and absolute discretion, deems to be illegal, improper, unfair or otherwise adverse to the operation or reputation of the Company or the Site(s) or detrimental to other users of the Site(s), including without limitation:
1. engaging in any illegal activity of any type, including but not limited to displaying illegal content on the Affiliate’s website(s) or in the Affiliate’s emails or offering any illegal goods or services through the Affiliate’s website(s) or emails;
2. operation of an illegal business;
3. operation of a website (websites) that contains or promotes content that is libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, pornographic, related to Company, the Affiliate shall immediately comply with gambling or link to a website (websites) that contains or promotes such request and shall remove such content within not later than 24 hours from Company's requestcontent;
4. The Affiliate further undertakes not placing links to use any domain names similar to the domain names used by Company including any domain containing any of the Group. The Company does not assume any responsibility towards the Affiliate and/or any third party acting on such information contained Site(s) in the Affiliate websites; s. it hereby releases the Company from any and all responsibilities for the accuracy Spam or reliability Unsolicited Promotions, banner networks, counters, guest books, IRC channels or correctness of the information (including feeds, whether provided by Company) presented to Clients. The Affiliate further acknowledges that it is aware that the information presented to Clients shall not infer a recommendation to enter into or refrain from entering into specific trading.through similar internet resources;
Appears in 1 contract
Samples: Affiliate Agreement
