REPRESENTATIONS, WARRANTIES AND GENERAL OBLIGATIONS OF THE AFFILIATE. 3.1. The Affiliate hereby represents and warrants that: a. it understands that Xxxxxxx.xxx 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 Group and undertakes to cooperate with the Administrator in any requests aimed at achieving or enhancing the Group’s compliance with the applicable Rules; b. that when conducting marketing activity and/or posting any content, it shall do so in line with any prescribed guideline or distribution conditions issued by the Administrator/Xxxxxxx.xxx and shall not engage in any practices which may adversely affect the high image, credibility or reputation of the Group; c. the Affiliate has read this Agreement and agrees to all its terms and conditions. This Agreement constitutes the Affiliate’s legal, valid, and binding obligation, enforceable against the Affiliate in accordance with its terms and conditions 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, privacy and 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 its jurisdiction; f. if the Affiliate is a natural person, he/she is over 18 years old; g. the Affiliate does not require any license and/or authorization to render the Services, or, if it does, until the commencement of this Agreement it has already obtained such license and/or an authorization (in the latter case the Affiliate shall give the Administrator a copy of the relevant licence and/or authorization) or it is not in any way prohibited from acting as an Affiliate; h. it acknowledges and agrees that each Introduced Trader must access the Website through the Tracking URL and sign up on the Website to enable the Affiliate to receive the Affiliate Fee in relation to such Introduced Trader (subject to such Introduced Trader being approved as a Qualified Trader); 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 Group or its clients; or it shall not make any misrepresentations regarding the Group or their services;
Appears in 2 contracts
Samples: Affiliate Agreement, Affiliate Agreement
REPRESENTATIONS, WARRANTIES AND GENERAL OBLIGATIONS OF THE AFFILIATE. 3.1. The Affiliate hereby represents and warrants that:
a. it understands that Xxxxxxx.xxx Xxxxxxxx.xxx 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 Group Xxxxxxxx.xxx and undertakes to cooperate with the Administrator in any requests aimed at achieving or enhancing the GroupXxxxxxxx.xxx’s compliance with the applicable Rules;
b. that when conducting marketing activity and/or posting any content, it shall do so in line with any prescribed guideline or distribution conditions issued by the Administrator/Xxxxxxx.xxx and shall not engage in any practices which may affect adversely affect the high image, credibility or reputation of Xxxxxxx.xxx or the GroupAdministrator;
c. the Affiliate has read this Agreement and agrees to all its terms and conditions. This Agreement constitutes the Affiliate’s legal, valid, and binding obligation, enforceable against the Affiliate in accordance with its terms and conditions 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 advertising/marketing activities, anti-bribery, anti-corruption, privacy and 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 its jurisdiction;
f. if the Affiliate is a natural person, he/she is over 18 years old;
g. the Affiliate does not require any license and/or authorization to render the Services, or, if it does, until the commencement of this Agreement it has already obtained such license and/or an authorization (in the latter case the Affiliate shall give the Administrator a copy of the relevant licence and/or authorization) or it is not in any way prohibited from acting as an Affiliate;
h. it acknowledges and agrees that each Introduced Trader User must access the Website Platform through the Tracking URL and sign up on the Website Platform to enable the Affiliate to receive the Affiliate Fee in relation to such Introduced Trader User (subject to such Introduced Trader User being approved as a Qualified TraderUser where applicable); ;
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 Group Xxxxxxxx.xxx or its clients; or it shall not make any misrepresentations regarding Xxxxxxxx.xxx or its services;
j. it will not make any representation or statement or warranty concerning Xxxxxxxx.xxx except as authorised by the Administrator;
k. it shall not in any way represent that Xxxxxxxx.xxx offers, solicits or recommends to buy or sell its services in breach of relevant Rules; and/or that Xxxxxxxx.xxx guarantees or will guarantee (including that it may be construed like that) to protect their clients against losses when using services of Xxxxxxxx.xxx;
l. it shall not make a statement or promise for and on behalf of Xxxxxxxx.xxx or the Administrator;
m. it shall not receive, transmit or place orders on behalf of Xxxxxxxx.xxx’s clients (for the avoidance of doubt this includes Introduced Users and Qualified Users);
n. it shall not accept nor hold any clients’ money (including virtual assets);
o. it shall disclose to the Administrator promptly any complaint, regulatory investigation, or disciplinary action or any other formal proceeding that may have a material impact on the Affiliate’s ability to provide the Services hereunder;
p. it has (and its employees, if applicable), the necessary qualifications and skills in order to carry out the activities contemplated by this Agreement;
q. it shall protect any confidential information disclosed by the Group;
r. it shall not transfer any personal data when sending information to the Administrator in order for the Administrator to monitor, track or calculate the Affiliate Fee; it shall comply with all applicable 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 Affiliate Program;
s. it is not bankrupt or subject to any administrative, insolvency, tax or other proceedings;
t. it shall be solely responsible for any matter related to its websites, blog, social media profile or any other platform or channel used for performing the Services, including with respect to the technical operation thereof and to the accuracy of the information and materials posted therein. The Affiliate undertakes that its Channels for performing the Services shall not look like and/or create the impression that they are Administrator’s, Xxxxxxxx.xxx’s and/or the Group’s websites and that such Affiliate websites shall not contain and/or display any information and/or materials of the 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 Administrator shall require the Affiliate to remove from the Affiliate Channels any content related to the Group, the Affiliate shall immediately comply with such request and shall remove such content within not later than 24 hours from Administrator's request. The Affiliate further undertakes not to use any domain names similar to the domain names used by the Group. The Group does not assume any responsibility towards the Affiliate and/or any third party acting on such information contained in the Affiliate’s website s, blog, social media profile or their servicesany other platform or channel used;
u. It hereby releases the Group from any and all responsibilities for the accuracy or reliability or correctness of the information (including feeds, whether provided by the Administrator or Xxxxxxxx.xxx) presented to prospective Introduced Users.
Appears in 2 contracts
Samples: Affiliate Agreement, Affiliate Agreement
REPRESENTATIONS, WARRANTIES AND GENERAL OBLIGATIONS OF THE AFFILIATE. 3.1. The Affiliate hereby represents and warrants that:
a. it understands that Xxxxxxx.xxx 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 Group and undertakes to cooperate with the Administrator in any requests aimed at achieving or enhancing the Group’s compliance with the applicable Rules;
b. that when conducting marketing activity and/or posting any content, it shall do so in line with any prescribed guideline or distribution conditions issued by the Administrator/Xxxxxxx.xxx and shall not engage in any practices which may affect adversely affect the high image, credibility or reputation of the Group;
c. the Affiliate has read this Agreement and agrees to all its terms and conditions. This Agreement constitutes the Affiliate’s legal, valid, and binding obligation, enforceable against the Affiliate in accordance with its terms and conditions 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, privacy and 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 its jurisdiction;
f. if the Affiliate is a natural person, he/she is over 18 years old;
g. the Affiliate does not require any license and/or authorization to render the Services, or, if it does, until the commencement of this Agreement it has already obtained such license and/or an authorization (in the latter case the Affiliate shall give the Administrator a copy of the relevant licence and/or authorization) or it is not in any way prohibited from acting as an Affiliate;
h. it acknowledges and agrees that each Introduced Trader must access the Website through the Tracking URL and sign up on the Website to enable the Affiliate to receive the Affiliate Fee in relation to such Introduced Trader (subject to such Introduced Trader being approved as a Qualified Trader); 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 Group or its clients; or it shall not make any misrepresentations regarding the Group or their services;
j. it will not make any representation or statement or warranty concerning the Group except as authorised by the Administrator;
k. it shall not in any way represent that the Group offers, solicits or recommends to buy or sell its services in breach of relevant Rules; and/or that the Group guarantee or will guarantee (including that it may be construed like that) to protect their clients against losses when using services of Xxxxxxx.xxx;
l. it shall not make a statement or promise for and on behalf of the Group;
m. it shall not receive, transmit or place orders on behalf of Xxxxxxx.xxx’s clients (for the avoidance of doubt this includes Introduced Traders and Qualified Traders);
n. it shall not accept nor hold any clients’ money;
o. it shall disclose to the Administrator promptly any complaint, regulatory investigation, or disciplinary action or any other formal proceeding that may have a material impact on the Affiliate’s ability to provide the Services hereunder;
p. it has (and its employees, if applicable), the necessary qualifications and skills in order to carry out the activities contemplated by this Agreement;
q. it shall protect any confidential information disclosed by the Group;
r. it shall not transfer any personal data when sending information to the Administrator in order for the Administrator to monitor, track or calculate the Affiliate Fee; it shall comply with all applicable 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 affiliate program;
s. it is not bankrupt or subject to any administrative, insolvency, tax or other proceedings;
t. it shall be solely responsible for any matter related to its websites, blog, social media profile or any other platform or channel used for performing the Services, including with respect to the technical operation thereof and to the accuracy of the information and materials posted therein. The Affiliate undertakes that its websites, blog, social media profile or any other platform or channel used for performing the Services shall not look like and/or create the impression that they are Administrator’s, Xxxxxxx.xxx’s and/or the Group’s websites and that such Affiliate websites shall not contain and/or display any information and/or materials of the 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 Administrator shall require the Affiliate to remove from the Affiliate websites and/or any other marketing media used by the Affiliate any content related to the Group, the Affiliate shall immediately comply with such request and shall remove such content within not later than 24 hours from Administrator's request. The Affiliate further undertakes not to use any domain names similar to the domain names used by the Group. The Group does not assume any responsibility towards the Affiliate and/or any third party acting on such information contained in the Affiliate’s website s, blog, social media profile or any other platform or channel used;
u. It hereby releases the Group from any and all responsibilities for the accuracy or reliability or correctness of the information (including feeds, whether provided by the Administrator or Xxxxxxx.xxx) presented to prospective Introduced Traders.
Appears in 1 contract
Samples: Affiliate Agreement
REPRESENTATIONS, WARRANTIES AND GENERAL OBLIGATIONS OF THE AFFILIATE. 3.1. The Affiliate (including the Prospective Affiliate) hereby represents and warrants that:
a. it understands that Xxxxxxx.xxx 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 Group and undertakes to cooperate with the Administrator in any requests aimed at achieving or enhancing the Group’s compliance with the applicable Rules;
b. that when conducting marketing activity and/or posting any content, it shall do so in line with any prescribed guideline or distribution conditions issued by the Administrator/Xxxxxxx.xxx and shall not engage in any practices which may adversely affect the high image, credibility or reputation of the Group;
c. the Affiliate it has read this Agreement and agrees to all its terms and conditions. This Agreement constitutes the Affiliate’s legal, valid, and binding obligation, enforceable against the Affiliate in accordance with its terms and conditions 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 limitedlimited to) those relating to anti-bribery, anti-corruption, privacy and personal data protection and anti-money laundering;
e. if the Affiliate it is a legal person, it is duly organizedorganised, validly existing and in good standing under the laws of its jurisdiction;
f. if the Affiliate it is a natural person, he/she is over 18 years old;
g. the Affiliate does not require any license licence and/or authorization authorisation to render the Services, or, if it does, until prior to the commencement of this Agreement it has already obtained such license licence and/or an authorization authorisation (in the latter case the Affiliate shall give the Administrator a copy of the relevant licence and/or authorizationauthorisation) or it is not in any way prohibited from acting as an Affiliate;
h. it acknowledges and agrees that each Introduced Trader must access the Website through the Tracking URL and sign up on the Website to enable the Affiliate to receive the Affiliate Fee in relation to such Introduced Trader (subject to such Introduced Trader being approved as a Qualified Trader); 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 Group or its clients; or it shall not make any misrepresentations regarding the Group or their services;
Appears in 1 contract
Samples: Affiliate Agreement
REPRESENTATIONS, WARRANTIES AND GENERAL OBLIGATIONS OF THE AFFILIATE. 3.1. The Affiliate hereby represents and warrants that:
a. it understands that Xxxxxxx.xxx 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 Group and undertakes to cooperate with the Administrator in any requests aimed at achieving or enhancing the Group’s compliance with the applicable Rules;
b. that when conducting marketing activity and/or posting any content, it shall do so in line with any prescribed guideline or distribution conditions issued by the Administrator/Xxxxxxx.xxx and shall not engage in any practices which may affect adversely affect the high image, credibility or reputation of the Group;
c. the Affiliate has read this Agreement and agrees to all its terms and conditions. This Agreement constitutes the Affiliate’s legal, valid, and binding obligation, enforceable against the Affiliate in accordance with its terms and conditions 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, privacy and 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 its jurisdiction;
f. if the Affiliate is a natural person, he/she is over 18 years old;
g. the Affiliate does not require any license and/or authorization to render the Services, or, if it does, until the commencement of this Agreement it has already obtained such license and/or an authorization (in the latter case the Affiliate shall give the Administrator a copy of the relevant licence and/or authorization) or it is not in any way prohibited from acting as an Affiliate;
h. it acknowledges and agrees that each Introduced Trader must access the Website through the Tracking URL and sign up on the Website to enable the Affiliate to receive the Affiliate Fee in relation to such Introduced Trader (subject to such Introduced Trader being approved as a Qualified Trader); 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 Group or its clients; or it shall not make any misrepresentations regarding the Group or their services;
j. it will not make any representation or statement or warranty concerning the Group except as authorised by the Administrator;
k. it shall not in any way represent that the Group offers, solicits or recommends to buy or sell its services in breach of relevant Rules; and/or that the Group guarantee or will guarantee (including that it may be construed like that) to protect their clients against losses when using services of Xxxxxxx.xxx;
l. it shall not make a statement or promise for and on behalf of the Group;
m. it shall not receive, transmit or place orders on behalf of Xxxxxxx.xxx’s clients (for the avoidance of doubt this includes Introduced Traders and Qualified Traders);
n. it shall not accept nor hold any clients’ money;
o. it shall disclose to the Administrator promptly any complaint, regulatory investigation, or disciplinary action or any other formal proceeding that may have a material impact on the Affiliate’s ability to provide the Services hereunder;
p. it has (and its employees, if applicable), the necessary qualifications and skills in order to carry out the activities contemplated by this Agreement;
q. it shall protect any confidential information disclosed by the Group;
r. it shall not transfer any personal data when sending information to the Administrator in order for the Administrator to monitor, track or calculate the Affiliate Fee; it shall comply with all applicable 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 Affiliate Program;
s. it is not bankrupt or subject to any administrative, insolvency, tax or other proceedings;
t. it shall be solely responsible for any matter related to its websites, blog, social media profile or any other platform or channel used for performing the Services, including with respect to the technical operation thereof and to the accuracy of the information and materials posted therein. The Affiliate undertakes that its websites, blog, social media profile or any other platform or channel used for performing the Services shall not look like and/or create the impression that they are Administrator’s, Xxxxxxx.xxx’s and/or the Group’s websites and that such Affiliate websites shall not contain and/or display any information and/or materials of the 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 Administrator shall require the Affiliate to remove from the Affiliate websites and/or any other marketing media used by the Affiliate any content related to the Group, the Affiliate shall immediately comply with such request and shall remove such content within not later than 24 hours from Administrator's request. The Affiliate further undertakes not to use any domain names similar to the domain names used by the Group. The Group does not assume any responsibility towards the Affiliate and/or any third party acting on such information contained in the Affiliate’s website s, blog, social media profile or any other platform or channel used;
u. It hereby releases the Group from any and all responsibilities for the accuracy or reliability or correctness of the information (including feeds, whether provided by the Administrator or Xxxxxxx.xxx) presented to prospective Introduced Traders.
Appears in 1 contract
Samples: Affiliate Agreement
