The Affiliate. a. must act honestly and fairly and in accordance with the Rules and this Agreement; b. 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; c. must comply with Rules, 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); d. must not copy any content from the Company Websites and/or publications and shall not post in any website and/or elsewhere, any material published in the Company Websites and/or publications. The Affiliate shall not copy any content from any other Affiliate’s websites; e. the links shall clearly display Company's Marks, pursuant to the provisions of this Agreement. The Affiliate shall not be permitted to change Marks, and/or banners and/or images and/or to make any use of them beyond the uses permitted hereunder; the Affiliate shall not use Company's domains as landing pages and/or use Company's landing URL’s and/or use Company’s displayed URL’s; x. xx no event shall the Affiliate engage in any e-mail marketing or promotion with respect to the Company and/or Group and/or its Services, except as expressly set forth in this Agreement or specifically agreed between the Parties; in addition to the restrictions set forth the Affiliate shall not: (a) engage in any fax, broadcast or telemarketing and/or any other offline marketing methods with respect to the Company and/or Group and its Services, (b) use Malware and/or Spyware techniques and/or Pier to Pier (P2P) distribution methods and/or Paid to Click (PTC) networks and/or doorway pages opening Company Websites inside an iframe and/or use any other aggressive advertising or marketing methods in any of its dealings relating to the Company and/or Group; g. must not contact Introduced Traders or communicate with them (all the Introduced Traders shall be considered to be the clients of the Company only), unless otherwise has been explicitly allowed by the Company in writing, or provide any advice to them; h. 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); i. 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 an investigation or interference; j. 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; k. must not use Marketing Materials and/or Marks except for the purposes of performance of this Agreement; l. must not target marketing to any persons who are under the age of 18 years old, or (provided they are older than 18 years old) under the age of majority in the territory which the Affiliate is targeting; m. 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; n. must not support the Introduced Traders on any technical or other matters associated with the use of the Trading Platform and must direct them to the Company in the event any such matters arise; o. must not allow its interests to conflict with its duties under this Agreement as well as the interests of the Company; p. 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; q. 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;
Appears in 2 contracts
Samples: Affiliate Agreement, Affiliate Agreement
The Affiliate. a. must act honestly and fairly and in accordance with the Rules and this Agreement;
b. must show best skill, interest, use reasonable skill and care when performing the Services;
c. must demonstrate a 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;
c. d. must comply with the Rules, any business business-related instructions, directions and guidelines given by the Company Administrator 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 by the Site(s)Administrator in line with this Agreement;
d. e. must not copy any content from the Company Websites Website and/or Xxxxxxxx.xxx’s publications and shall not post in on any website and/or elsewhere, any material published in on the Company Websites Website and/or Xxxxxxxx.xxx’s publications. The Affiliate shall not copy any content from any other Affiliate’s affiliates’ websites, blog, social media profile or any other platform or channel used;
e. f. the links shall clearly display Company's Marks, pursuant to the provisions of this Agreement. The Affiliate shall not be permitted to change Marks, and/or banners and/or images images/videos and/or to make any use of them beyond the uses permitted hereunder; the Affiliate shall not use Company's the Group’s domains as landing pages and/or use Company's the Group’s landing URL’s and/or use Company’s displayed URL’sURLs;
x. xx g. in no event shall the Affiliate engage in any e-mail marketing or promotion with respect to the Company and/or Group and/or its Servicesservices, except as expressly set forth in this Agreement or specifically agreed between approved by the PartiesAdministrator; in addition to the restrictions set forth the Affiliate shall not:
(a) engage in any fax, broadcast or telemarketing and/or any other offline marketing methods with respect to the Company and/or Group and its Servicesservices, (b) use Malware and/or Spyware techniques and/or Pier Peer to Pier Peer (P2P) distribution methods and/or Paid to Paid-to-Click (PTC) networks and/or doorway pages opening Company Websites the Group’s websites inside an iframe and/or use any other aggressive advertising or marketing methods in any of its dealings relating to the Company and/or Group;
g. must not contact Introduced Traders or communicate with them (all the Introduced Traders shall be considered to be the clients of the Company only), unless otherwise has been explicitly allowed by the Company in writing, or provide any advice to them;
h. must regularly check the Site(s) Website for any updated terms and conditions of trading (relating to the use of the Trading Platform) , as well as any other disclosures and / or and/or promotions issued by the Company Xxxxxxxx.xxx and are available at on the Site(s)Website;
i. must inform the Company Administrator of any regulatory and/or legal investigation in respect of it or illegal interference into relating to its commercial affairs immediately after the date of commencement of such an investigation or interference;
j. must not hold hold, have access to and/or operate a trading account operate, among others, any account, application or another instrument for any Introduced Trader User or Qualified User and/or carry on any trades transactions for Introduced Traders and / or Qualified Users and/or accept and keep any Introduced TradersUsers’ or Qualified Users’ funds to be used in relation to this Agreement;
k. must not use Marketing Materials and/or Marks except for the purposes of performance of performing the Services in accordance with this Agreement;
l. must not target marketing market to any persons who are under the age of 18 years old, or (provided they are older than 18 years old) under the age of majority in the territory which the Affiliate is targeting;
m. must not transmit to or in any way, whether directly or indirectly, expose the Site(s)Website, the Trading Platform Platform, and / or other Property property of the Company Group to any computer virus or other similarly harmful or malicious material, virus or device;
n. must not support the Introduced Traders Users and Qualified Users on any technical or other matters associated with the use of the Trading Platform and/or other property of the Group and must direct them to the Company Xxxxxxxx.xxx in the event any such matters arise;
o. must not directly contact Introduced Users in relation to Xxxxxxxx.xxx, and/or offer any type of incentivization in relation to Xxxxxxxx.xxx, and/or allow its interests to conflict with its duties under this Agreement as well as the interests of the CompanyGroup (must avoid and prevent any conflict of interest);
p. must disclose to each prospective Introduced Trader User that it provides services to the Company Xxxxxxxx.xxx and must inform such prospective Introduced Traders Users that it has no authority or power to act on behalf of Xxxxxxxx.xxx and the CompanyGroup in general;
q. it must not state or imply that it is part of or in any way linked to the Group, by ownership or otherwise, or that it shares any regulatory permission under the umbrella of the Group; q. r. 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 TraderUser or Qualified User;
s. must not engage in high pressure sales tactics or any unethical techniques with regard to any Introduced User or Qualified User and shall abide at all times by high ethical standards in its dealings with all Introduced Users and Qualified Users; t. must not refer to Xxxxxxxx.xxx any prospective Introduced User which does not have interest in the services and/or products offered by Xxxxxxxx.xxx;
u. must ensure that all the information provided by it to Introduced Users and Qualified Users is true, fair and accurate;
v. must not state or imply that any of the information, content or data contained in the Affiliate’s website or publishing location represents or reflects any views, advice or opinions of the Group;
w. must not be engaged, directly or indirectly, in any conduct that the Administrator, at its sole and absolute discretion, deems to be illegal, improper, unfair or otherwise adverse to the operation or reputation of Xxxxxxxx.xxx and/or the Administrator or detrimental to other users of the Platform, including without limitation: engaging in any illegal activity of any type, including but not limited to displaying illegal content on the Channels or offering any illegal goods or services through the Channels; operating an illegal business; operating of the Channels that contain or promote content that is libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, pornographic, related to illegal gambling or link to a website (websites) that contains or promotes such content; placing links to the Platform to Spam or Unsolicited Promotions, banner networks, counters, guest books, IRC channels or through similar internet resources; causing or enabling any transactions to be made that are not in good faith, including among others by means of any device, program, robot, hidden frames and redirects, and “bogus” traffic; utilizing any variation, including any misspelling, modification, or derivative, of the Website’s address or any of the Marks; diluting, blurring or tarnishing the value of the Marks; copy or resemble the look and feel of the Website’s content nor create the impression that the Affiliate’s website or publishing location is part of the Website; use the Website as a display URL; unauthorized use of any third party’s intellectual property or breach the rules of third parties; or
Appears in 2 contracts
Samples: Affiliate Agreement, Affiliate Agreement
The Affiliate. a. (a) at the request of the Company, must act honestly undergo a comprehensive financial and fairly legal audit at any time in order to determine the possibility of satisfactorily fulfilling its obligations under this Agreement (the scope of this audit is determined by the Company);
(b) in the provision of the Services, it must use exclusively the Marketing Materials provided and (or) approved by the Company, in accordance with the Rules and meaning of this term, defined in clause 1.11 of this Agreement;
b. 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;
c. well as must comply with Rules, 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(sCompany website(s);
d. (c) must not copy any content from the Company Websites and/or publications and shall not post in any website and/or elsewhere, any material published in the Company Websites and/or publications. The Affiliate shall not copy any content from any other Affiliate’s websites;
e. the links shall clearly display Company's Marks, pursuant to the provisions of this Agreement. The Affiliate shall not be permitted to change Marks, and/or banners and/or images and/or to make any use of them beyond the uses permitted hereunder; the Affiliate shall not use Company's domains as landing pages and/or use Company's landing URL’s and/or use Company’s displayed URL’s;
x. xx no event shall the Affiliate engage in any e-mail marketing or promotion with respect to the Company and/or Group and/or its Services, except as expressly set forth in this Agreement or specifically agreed between the Parties; in addition to the restrictions set forth the Affiliate shall not:
(a) engage in any fax, broadcast or telemarketing and/or any other offline marketing methods with respect to the Company and/or Group and its Services, (b) use Malware and/or Spyware techniques and/or Pier to Pier (P2P) distribution methods and/or Paid to Click (PTC) networks and/or doorway pages opening Company Websites inside an iframe and/or use any other aggressive advertising or marketing methods in any of its dealings relating to the Company and/or Group;
g. must not contact Introduced Traders or communicate with them (all give the Introduced Traders shall be considered to be any recommendations on making transactions (operations) with the clients of the Company only)Company, unless, unless otherwise has been explicitly allowed by the Company in writing, or provide any advice to them;
h. (d) must regularly check the Site(s) Company website for any updated terms and conditions of trading (use for example, Terms and Conditions of Use of the Trading Platform) Cryptoplatform as well as any other disclosures updates and / or promotions issued by the Company and are available at the Site(s)Company website;
i. 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 an investigation or interference;
j. (e) must not hold and/or operate a trading account for any Introduced Trader and/or carry on any trades for Introduced Traders and / or and/or accept and keep any Introduced Traders’ funds to be used in relation to this Agreement;
k. (f) must not use Marketing Materials and/or and / or Marks except for the purposes of performance of this Agreement;
l. (g) must not target marketing to any persons who are under the age of 18 years old, or (provided they are older than 18 years old) under the age of majority in the territory which the Affiliate is targeting;
m. (h) must only target marketing to the residents of the countries which are not set in the Prohibited Jurisdiction (xxxxx://xxxxxxxx.xxx/ru/pravila-v-otnoshenii-zapreshennyh- urisdikcii). If the Affiliate is interested in target marketing to a resident of any other country it must first receive the Company’s prior written approval which may be granted or denied at the Company’s sole and absolute discretion. The amount of the Affiliate Fee in the latter case will be determined by the agreement of the Parties;
(i) must not transmit to or in any way, whether directly or indirectly, expose the Site(s)Company website, the Cryptoplatform (Trading Platform Platform) “Xxxxxxxx.xxx” and / or other Property of the Company or Company’s affiliates to any computer virus or other similarly harmful or malicious material, virus or device;
n. (j) must not support the Introduced Traders on any technical or other matters associated with the use of the Company’s websites and Company’s products or related to affiliates entities of the Company, Cryptoplatform (Trading Platform Platform) “Xxxxxxxx.xxx” and must direct them to the Company in the event any such matters arise;
o. (k) must not allow its interests to conflict with its duties under this Agreement as well as the interests of the Company;
p. (1) 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; q. ;
(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 disseminate documented information that is not documented about the Company without its consent;
(p) must ensure that all the information provided by it to prospective Introduces Traders is true, fair and accurate;
(q) in case of change of address and (or) bank details, contact address and telephone number, fax, notify the Company by sending a message to the Company’s email address xxxxxxxxx@xxxxxxxx.xxx within 5 (five) business days from the date of entry into force such changes;
(r) 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 Company website or detrimental to other users of the Company website, including without limitation:
(1) carrying out illegal business activities, conducting criminal activities;
(2) engaging in any illegal or improper 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;
(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 gambling or link to a website (websites) that contains or promotes such content;
(4) placing links to any of the Company website or other Internet resources of the Company in Spam or Unsolicited Promotions, banner networks (unless otherwise agreed with the Company), counters, multi-channel service systems, guest books, IRC (Internet Relay Chat) channels or through similar internet resources not agreed with Parties;
(5) causing or enabling any transactions to be made that are not in good faith, including among others by means of any device, program, robot, hidden frames and redirects, and “bogus” traffic6 including received in violation of the terms, rules and (or) contracts of third parties;
(6) establishing or causing to be established any promotion that provides any rewards, points or compensation for and any other activity that the Company deems at its sole and absolute discretion to be of similar nature, or that allows third parties to place links to the Company website;
(7) utilizing any variation, including any misspelling, modification, or derivative, of the Website’s (Websites’) address of the Company;
(8) use of trademarks (service marks) without the permission of rightsholders (including the rightsholder in respect of which the Company acts without its permission);
(9) unauthorized use of any third party’s intellectual property or in violation of the rules; or
(10) offering any person, whether directly or indirectly, any kind of rake-back deal, arrangement for payment or portion of the Affiliate Fee, or any other incentive which may be considered to be a “fee sharing arrangement”, “refund” between the Affiliate and such a person.
(s) before distributing advertisements on the territory (with the Internet segment) of a certain state, targeting advertisements to citizens and other residents of this state and attracting (soliciting) them as Introduced Traders, the Affiliate must make sure that these actions do not violate the legislation of this state. The Affiliate shall be personally liable for possible violations of advertising legislation and other legislation of this state (including in respect of any fines).
(t) in accordance with the Law of the Republic of Belarus of November 10, 2008 No. 455-Z “On Information, Informatization and Protection of Information” must receive clients’ prior written consent to provide the Company with information which includes privacy secret and (or) personal data – when such information will be provided by the Affiliate to the Company during the performance of this Agreement In the case if the Affiliate violates the provisions including the provisions of section 3 of this Agreement the Company shall have the right, in addition to any other right or remedy available to it under this Agreement or any applicable law, to render the Tracking URLs assigned to such Affiliate as well as Traffic inoperative or fraudulent, and withhold the Affiliate Fee.
Appears in 1 contract
Samples: Affiliate Agreement
The Affiliate. a. must act honestly and fairly and in accordance with the Rules and this Agreement;
b. must show best skill, interest, use reasonable skill and care when performing the Services;
c. must demonstrate a 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;
c. d. must comply with Rules, any business business-related instructions, directions and guidelines given by the Company Administrator 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 by the Site(s)Administrator in line with this Agreement;
d. e. must not copy any content from the Company Websites Website and/or Xxxxxxx.xxx’s publications and shall not post in on any website and/or elsewhere, any material published in on the Company Websites Website and/or Xxxxxxx.xxx’s publications. The Affiliate shall not copy any content from any other Affiliate’s affiliates’ websites, blog, social media profile or any other platform or channel used;
e. f. the links shall clearly display CompanyXxxxxxx.xxx's Marks, pursuant to the provisions of this Agreement. The Affiliate shall not be permitted to change Marks, and/or banners and/or images images/videos and/or to make any use of them beyond the uses permitted hereunder; the Affiliate shall not use Company's the Group’s domains as landing pages and/or use Company's the Group’s landing URL’s and/or use Company’s displayed URL’sURLs;
x. xx g. in no event shall the Affiliate engage in any e-mail marketing or promotion with respect to the Company and/or Group and/or its Servicesservices, except as expressly set forth in this Agreement or specifically agreed between approved by the PartiesAdministrator; in addition to the restrictions set forth the Affiliate shall not:
(a) engage in any fax, broadcast or telemarketing and/or any other offline marketing methods with respect to the Company and/or Group and its Servicesservices, (b) use Malware and/or Spyware techniques and/or Pier Peer to Pier Peer (P2P) distribution methods and/or Paid to Paid-to-Click (PTC) networks and/or doorway pages opening Company Websites the Group’s websites inside an iframe and/or use any other aggressive advertising or marketing methods in any of its dealings relating to the Company and/or Group;
g. must not contact Introduced Traders or communicate with them (all the Introduced Traders shall be considered to be the clients of the Company only), unless otherwise has been explicitly allowed by the Company in writing, or provide any advice to them;
h. must regularly check the Site(s) Website for any updated terms and conditions of trading (relating to the use of the Trading Platform) , as well as any other disclosures and / or and/or promotions issued by the Company Xxxxxxx.xxx and are available at on the Site(s)Website;
i. must inform the Company Administrator of any regulatory and/or legal investigation in respect of it or illegal interference into relating to its commercial affairs immediately after the date of commencement of such an investigation or interference;
j. must not hold hold, have access to and/or operate a trading account for any Introduced Trader or Qualified Trader and/or carry on any trades for Introduced Qualified Traders and / or and/or accept and keep any Introduced Traders’ or Qualified Traders’ funds to be used in relation to this Agreement;
k. must not use Marketing Materials and/or Marks except for the purposes of performance of performing the Services in accordance with this Agreement;
l. must not target marketing market to any persons who are under the age of 18 years old, or (provided they are older than 18 years old) under the age of majority in the territory which the Affiliate is targeting;
m. must not transmit to or in any way, whether directly or indirectly, expose the Site(s)Website, the Trading Platform and / or other Property property of the Company Group to any computer virus or other similarly harmful or malicious material, virus or device;
n. must not support the Introduced Traders and Qualified Traders on any technical or other matters associated with the use of the Trading Platform and must direct them to the Company Xxxxxxx.xxx in the event any such matters arise;
o. must not directly contact Introduced Traders in relation to Xxxxxxx.xxx, and/or offer any type of incentivization in relation to Xxxxxxx.xxx, and/or allow its interests to conflict with its duties under this Agreement as well as the interests of the CompanyGroup (must avoid and prevent any conflict of interest);
p. must disclose to each prospective Introduced Trader that it provides services to the Company Xxxxxxx.xxx and must inform such prospective Introduced Traders that it has no authority or power to act on behalf of Xxxxxxx.xxx and the Company; Group in general;
q. it must not state or imply that it is part of or in any way linked to the Group, by ownership or otherwise, or that it shares any regulatory permission under the umbrella of the Group;
r. 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 or Qualified Trader;
s. must not engage in high pressure sales tactics or any unethical techniques with regard to any Introduced Trader or Qualified Trader and shall abide at all times by high ethical standards in its dealings with all Introduced Traders and Qualified Traders;
t. must not refer to Xxxxxxx.xxx any prospective Introduced Trader which does not have the knowledge and/or experience and/or interest in dealing in CFDs or generally in the services offered by Xxxxxxx.xxx;
u. must ensure that all the information provided by it to Introduced Traders and Qualified Traders is true, fair and accurate;
v. must not state or imply that any of the information, content or data contained in the Affiliate’s website or publishing location represents or reflects any views, advice or opinions of the Group;
w. must not be engaged, directly or indirectly, in any conduct that the Administrator, at its sole and absolute discretion, deems to be illegal, improper, unfair or otherwise adverse to the operation or reputation of the Group or the Website or detrimental to other users of the Website, including without limitation: engaging in any illegal activity of any type, including but not limited to displaying illegal content on the Affiliate’s website or in the Affiliate’s emails or offering any illegal goods or services through the Affiliate’s website or emails; operating an illegal business; operating of a website (websites) that contains or promotes content that is libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, pornographic, related to gambling or link to a website (websites) that contains or promotes such content; placing links to the Website to Spam or Unsolicited Promotions, banner networks, counters, guest books, IRC channels or through similar internet resources; causing or enabling any transactions to be made that are not in good faith, including among others by means of any device, program, robot, hidden frames and redirects, and “bogus” traffic; establishing or causing to be established any promotion that provides any rewards, points or compensation for and any other activity that the Administrator deems at its sole and absolute discretion to be of similar nature, or that allows third parties to place links to the Website; utilizing any variation, including any misspelling, modification, or derivative, of the Website’s address or any of the Marks; diluting, blurring or tarnishing the value of the Marks; copy or resemble the look and feel of the Website’s content nor create the impression that the Affiliate’s website or publishing location is part of the Website; use the Website as a display URL; unauthorized use of any third party’s intellectual property or breach the rules of third parties; or offering any person, whether directly or indirectly, any kind of rake-back deal, arrangement for payment or portion of the Affiliate Fee, or any other incentive which may be considered to be a “fee sharing arrangement”, “rebate”, or “soft dollar” compensation between the Affiliate and such a person.
Appears in 1 contract
Samples: Affiliate Agreement
The Affiliate. a. must act honestly and fairly and in accordance with the Rules and this Agreement;
b. must show best skill, interest, use reasonable skill and care when performing the Services;
c. must demonstrate a 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;
c. d. must comply with Rules, any business business-related instructions, directions and guidelines given by the Company Administrator 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 by the Site(s)Administrator in line with this Agreement;
d. e. must not copy any content from the Company Websites Website and/or Xxxxxxx.xxx’s publications and shall not post in on any website and/or elsewhere, any material published in on the Company Websites Website and/or Xxxxxxx.xxx’s publications. The Affiliate shall not copy any content from any other Affiliate’s affiliates’ websites, blog, social media profile or any other platform or channel used;
e. f. the links shall clearly display CompanyXxxxxxx.xxx's Marks, pursuant to the provisions of this Agreement. The Affiliate shall not be permitted to change Marks, and/or banners and/or images and/or to make any use of them beyond the uses permitted hereunder; the Affiliate shall not use Company's the Group’s domains as landing pages and/or use Company's the Group’s landing URL’s and/or use Company’s displayed URL’sURLs;
x. xx g. in no event shall the Affiliate engage in any e-mail marketing or promotion with respect to the Company and/or Group and/or its Servicesservices, except as expressly set forth in this Agreement or specifically agreed between approved by the PartiesAdministrator; in addition to the restrictions set forth the Affiliate shall not:
(a) engage in any fax, broadcast or telemarketing and/or any other offline marketing methods with respect to the Company and/or Group and its Servicesservices, (b) use Malware and/or Spyware techniques and/or Pier Peer to Pier Peer (P2P) distribution methods and/or Paid to Paid-to-Click (PTC) networks and/or doorway pages opening Company Websites the Group’s websites inside an iframe and/or use any other aggressive advertising or marketing methods in any of its dealings relating to the Company and/or Group;
g. must not contact Introduced Traders or communicate with them (all the Introduced Traders shall be considered to be the clients of the Company only), unless otherwise has been explicitly allowed by the Company in writing, or provide any advice to them;
h. must regularly check the Site(s) Website for any updated terms and conditions of trading (relating to the use of the Trading Platform) , as well as any other disclosures and / or and/or promotions issued by the Company Xxxxxxx.xxx and are available at on the Site(s)Website;
i. must inform the Company Administrator of any regulatory and/or legal investigation in respect of it or illegal interference into relating to its commercial affairs immediately after the date of commencement of such an investigation or interference;
j. must not hold hold, have access to and/or operate a trading account for any Introduced Trader or Qualified Trader and/or carry on any trades for Introduced Qualified Traders and / or and/or accept and keep any Introduced Traders’ or Qualified Traders’ funds to be used in relation to this Agreement;
k. must not use Marketing Materials and/or Marks except for the purposes of performance of performing the Services in accordance with this Agreement;
l. must not target marketing market to any persons who are under the age of 18 years old, or (provided they are older than 18 years old) under the age of majority in the territory which the Affiliate is targeting;
m. must not transmit to or in any way, whether directly or indirectly, expose the Site(s)Website, the Trading Platform and / or other Property property of the Company Group to any computer virus or other similarly harmful or malicious material, virus or device;
n. must not support the Introduced Traders and Qualified Traders on any technical or other matters associated with the use of the Trading Platform and must direct them to the Company Xxxxxxx.xxx in the event any such matters arise;
; o. must not allow its interests to conflict with its duties under this Agreement as well as the interests of the CompanyGroup (must avoid and prevent any conflict of interest);
p. must disclose to each prospective Introduced Trader that it provides services to the Company Xxxxxxx.xxx and must inform such prospective Introduced Traders that it has no authority or power to act on behalf of Xxxxxxx.xxx and the CompanyGroup in general; q. 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 or Qualified Trader; r. must not engage in high pressure sales tactics or any unethical techniques with regard to any Introduced Trader or Qualified Trader and shall abide at all times by high ethical standards in its dealings with all Introduced Traders and Qualified Traders; s. must not refer to Xxxxxxx.xxx any prospective Introduced Trader which does not have the knowledge or experience in dealing in CFDs or generally in the services offered by Xxxxxxx.xxx;
Appears in 1 contract
Samples: Affiliate Agreement
The Affiliate. a. must act honestly and fairly and in accordance with the Rules and this Agreement;
b. must show best skill, interest, use reasonable skill and care when performing the Services;
c. must demonstrate a 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;
c. d. must comply with Rules, any business business-related instructions, directions and guidelines given by the Company Administrator 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 by the Site(s)Administrator in line with this Agreement;
d. e. must not copy any content from the Company Websites Website and/or Xxxxxxx.xxx’s publications and shall not post in on any website and/or elsewhere, any material published in on the Company Websites Website and/or Xxxxxxx.xxx’s publications. The Affiliate shall not copy any content from any other Affiliate’s affiliates’ websites, blog, social media profile or any other platform or channel used;
e. f. the links shall clearly display CompanyXxxxxxx.xxx's Marks, pursuant to the provisions of this Agreement. The Affiliate shall not be permitted to change Marks, and/or banners and/or images images/videos and/or to make any use of them beyond the uses permitted hereunder; the Affiliate shall not use Company's the Group’s domains as landing pages and/or use Company's the Group’s landing URL’s and/or use Company’s displayed URL’sURLs;
x. xx g. in no event shall the Affiliate engage in any e-mail marketing or promotion with respect to the Company and/or Group and/or its Servicesservices, except as expressly set forth in this Agreement or specifically agreed between approved by the PartiesAdministrator; in addition to the restrictions set forth the Affiliate shall not:
: (a) engage in any fax, broadcast or telemarketing and/or any other offline marketing methods with respect to the Company and/or Group and its Servicesservices, (b) use Malware and/or Spyware techniques and/or Pier Peer to Pier Peer (P2P) distribution methods and/or Paid to Paid-to-Click (PTC) networks and/or doorway pages opening Company Websites the Group’s websites inside an iframe and/or use any other aggressive advertising or marketing methods in any of its dealings relating to the Company and/or Group;
g. must not contact Introduced Traders or communicate with them (all the Introduced Traders shall be considered to be the clients of the Company only), unless otherwise has been explicitly allowed by the Company in writing, or provide any advice to them;
h. must regularly check the Site(s) Website for any updated terms and conditions of trading (relating to the use of the Trading Platform) , as well as any other disclosures and / or and/or promotions issued by the Company Xxxxxxx.xxx and are available at on the Site(s)Website;
i. must inform the Company Administrator of any regulatory and/or legal investigation in respect of it or illegal interference into relating to its commercial affairs immediately after the date of commencement of such an investigation or interference;
j. must not hold hold, have access to and/or operate a trading account for any Introduced Trader or Qualified Trader and/or carry on any trades for Introduced Qualified Traders and / or and/or accept and keep any Introduced Traders’ or Qualified Traders’ funds to be used in relation to this Agreement;
k. must not use Marketing Materials and/or Marks except for the purposes of performance of performing the Services in accordance with this Agreement;
l. must not target marketing market to any persons who are under the age of 18 years old, or (provided they are older than 18 years old) under the age of majority in the territory which the Affiliate is targeting;
m. must not transmit to or in any way, whether directly or indirectly, expose the Site(s)Website, the Trading Platform and / or other Property property of the Company Group to any computer virus or other similarly harmful or malicious material, virus or device;
n. must not support the Introduced Traders and Qualified Traders on any technical or other matters associated with the use of the Trading Platform and must direct them to the Company Xxxxxxx.xxx in the event any such matters arise;
o. must not directly contact Introduced Traders in relation to Xxxxxxx.xxx, and/or offer any type of incentivization in relation to Xxxxxxx.xxx, and/or allow its interests to conflict with its duties under this Agreement as well as the interests of the CompanyGroup (must avoid and prevent any conflict of interest);
p. must disclose to each prospective Introduced Trader that it provides services to the Company Xxxxxxx.xxx and must inform such prospective Introduced Traders that it has no authority or power to act on behalf of Xxxxxxx.xxx and the Company; Group in general;
q. it must not use state or imply that it is part of or in any language way linked to the Group, by ownership or practices otherwise, or that may be construed as offering it shares any promise regulatory permission under the umbrella of the Group; s. must not engage in high pressure sales tactics or guarantee of any trading gain or profits unethical techniques with regard to any Introduced TraderTrader or Qualified Trader and shall abide at all times by high ethical standards in its dealings with all Introduced Traders and Qualified Traders; t. must not refer to Xxxxxxx.xxx any prospective Introduced Trader which does not have the knowledge and/or experience and/or interest in dealing in CFDs or generally in the services offered by Xxxxxxx.xxx; u. must ensure that all the information provided by it to Introduced Traders and Qualified Traders is true, fair and accurate; v. must not state or imply that any of the information, content or data contained in the Affiliate’s website or publishing location represents or reflects any views, advice or opinions of the Group;
Appears in 1 contract
Samples: Affiliate Agreement
The Affiliate. a. must act honestly and fairly and in accordance with the Rules and this Agreement;
b. must show best skill, interest, use reasonable skill and care when performing the Services;
c. must demonstrate a 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;
c. d. must comply with Rules, any business business-related instructions, directions and guidelines given by the Company Administrator 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 by the Site(s)Administrator in line with this Agreement;
d. e. must not copy any content from the Company Websites Website and/or Xxxxxxx.xxx’s publications and shall not post in on any website and/or elsewhere, any material published in on the Company Websites Website and/or Xxxxxxx.xxx’s publications. The Affiliate shall not copy any content from any other Affiliate’s affiliates’ websites, blog, social media profile or any other platform or channel used;
e. f. the links shall clearly display CompanyXxxxxxx.xxx's Marks, pursuant to the provisions of this Agreement. The Affiliate shall not be permitted to change Marks, and/or banners and/or images images/videos and/or to make any use of them beyond the uses permitted hereunder; the Affiliate shall not use Company's the Group’s domains as landing pages and/or use Company's the Group’s landing URL’s and/or use Company’s displayed URL’sURLs;
x. xx g. in no event shall the Affiliate engage in any e-mail marketing or promotion with respect to the Company and/or Group and/or its Servicesservices, except as expressly set forth in this Agreement or specifically agreed between approved by the PartiesAdministrator; in addition to the restrictions set forth the Affiliate shall not:
: (a) engage in any fax, broadcast or telemarketing and/or any other offline marketing methods with respect to the Company and/or Group and its Servicesservices, (b) use Malware and/or Spyware techniques and/or Pier Peer to Pier Peer (P2P) distribution methods and/or Paid to Paid-to-Click (PTC) networks and/or doorway pages opening Company Websites the Group’s websites inside an iframe and/or use any other aggressive advertising or marketing methods in any of its dealings relating to the Company and/or Group;
g. must not contact Introduced Traders or communicate with them (all the Introduced Traders shall be considered to be the clients of the Company only), unless otherwise has been explicitly allowed by the Company in writing, or provide any advice to them;
h. must regularly check the Site(s) Website for any updated terms and conditions of trading (relating to the use of the Trading Platform) , as well as any other disclosures and / or and/or promotions issued by the Company Xxxxxxx.xxx and are available at on the Site(s)Website;
i. must inform the Company Administrator of any regulatory and/or legal investigation in respect of it or illegal interference into relating to its commercial affairs immediately after the date of commencement of such an investigation or interference;
j. must not hold hold, have access to and/or operate a trading account for any Introduced Trader or Qualified Trader and/or carry on any trades for Introduced Qualified Traders and / or and/or accept and keep any Introduced Traders’ or Qualified Traders’ funds to be used in relation to this Agreement;
k. must not use Marketing Materials and/or Marks except for the purposes of performance of performing the Services in accordance with this Agreement;
l. must not target marketing market to any persons who are under the age of 18 years old, or (provided they are older than 18 years old) under the age of majority in the territory which the Affiliate is targeting;
m. must not transmit to or in any way, whether directly or indirectly, expose the Site(s)Website, the Trading Platform and / or other Property property of the Company Group to any computer virus or other similarly harmful or malicious material, virus or device;
n. must not support the Introduced Traders and Qualified Traders on any technical or other matters associated with the use of the Trading Platform and must direct them to the Company Xxxxxxx.xxx in the event any such matters arise;
o. must not directly contact the Introduced Traders and/or Qualified Traders in relation to Xxxxxxx.xxx, and/or offer any type of incentivization in relation to Xxxxxxx.xxx, and/or exercise any pressure or influence in any way to cause increase or decrease in the amounts of deposits or volumes of trades and transactions of users of the Website, and/or otherwise allow its interests to conflict with its duties under this Agreement as well as the interests of the CompanyGroup (must avoid and prevent any conflict of interest);
p. must disclose to each prospective Introduced Trader that it provides services to the Company Xxxxxxx.xxx and must inform such prospective Introduced Traders that it has no authority or power to act on behalf of Xxxxxxx.xxx and the Company; Group in general;
q. it must not state or imply that it is part of or in any way linked to the Group, by ownership or otherwise, or that it shares any regulatory permission under the umbrella of the Group;
r. 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 or Qualified Trader;
s. must not engage in high pressure sales tactics or any unethical techniques with regard to any Introduced Trader or Qualified Trader and shall abide at all times by high ethical standards in its dealings with all Introduced Traders and Qualified Traders;
t. must not refer to Xxxxxxx.xxx any prospective Introduced Trader which does not have the knowledge and/or experience and/or interest in dealing in CFDs or generally in the services offered by Xxxxxxx.xxx;
u. must ensure that all the information provided by it to Introduced Traders and Qualified Traders is true, fair and accurate;
v. must not state or imply that any of the information, content or data contained in the Affiliate’s website or publishing location represents or reflects any views, advice or opinions of the Group;
w. must not be engaged, directly or indirectly, in any conduct that the Administrator, at its sole and absolute discretion, deems to be illegal, improper, unfair or otherwise adverse to the operation or reputation of the Group or the Website or detrimental to other users of the Website, including without limitation: engaging in any illegal activity of any type, including but not limited to displaying illegal content on the Affiliate’s website or in the Affiliate’s emails or offering any illegal goods or services through the Affiliate’s website or emails; operating an illegal business; operating of a website (websites) that contains or promotes content that is libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented (whether to do with race, gender, sexual orientation, religion or otherwise), illegal, pornographic, related to gambling or link to a website (websites) that contains or promotes such content; placing links to the Website to Spam or Unsolicited Promotions, banner networks, counters, guest books, IRC channels or through similar internet resources; causing or enabling any transactions to be made that are not in good faith, including among others by means of any device, program, robot, hidden frames and redirects, and “bogus” traffic; establishing or causing to be established any promotion that provides any rewards, points or compensation for and any other activity that the Administrator deems at its sole and absolute discretion to be of similar nature, or that allows third parties to place links to the Website; utilizing any variation, including any misspelling, modification, or derivative, of the Website’s address or any of the Marks; diluting, blurring or tarnishing the value of the Marks; copy or resemble the look and feel of the Website’s content nor create the impression that the Affiliate’s website or publishing location is part of the Website; use the Website as a display URL; unauthorized use of any third party’s intellectual property or breach the rules of third parties; or offering any person, whether directly or indirectly, any kind of rake-back deal, arrangement for payment or portion of the Affiliate Fee, or any other incentive which may be considered to be a “fee sharing arrangement”, “rebate”, or “soft dollar” compensation between the Affiliate and such a person.
Appears in 1 contract
Samples: Affiliate Agreement
The Affiliate. a. must act honestly and fairly and in accordance with the Rules and this Agreement;
b. must show best skill, interest, high level of professionalism, due diligence and act in good faith at all times so as to satisfactorily fulfill fulfill its obligations arising under this Agreement;
c. must comply with Rules, 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);
d. must not copy any content from the Company Websites and/or publications and shall not post in any website and/or elsewhere, any material published in the Company Websites and/or publications. The Affiliate Affiliate shall not copy any content from any other AffiliateAffiliate’s websites;
e. the links shall clearly display Company's Marks, pursuant to the provisions of this Agreement. The Affiliate Affiliate shall not be permitted to change Marks, and/or banners and/or images and/or to make any use of them beyond the uses permitted hereunder; the Affiliate Affiliate shall not use Company's domains as landing pages and/or use Company's landing URL’s and/or use Company’s displayed URL’s;
x. xx no event shall the Affiliate Affiliate engage in any e-mail marketing or promotion with respect to the Company and/or Group and/or its Services, except as expressly set forth in this Agreement or specifically specifically agreed between the Parties; in addition to the restrictions set forth the Affiliate Affiliate shall not:
(a) engage in any fax, broadcast or telemarketing and/or any other offline offline marketing methods with respect to the Company and/or Group and its Services, (b) use Malware and/or Spyware techniques and/or Pier to Pier (P2P) distribution methods and/or Paid to Click (PTC) networks and/or doorway pages opening Company Websites inside an iframe and/or use any other aggressive advertising or marketing methods in any of its dealings relating to the Company and/or Group;
g. must not contact Introduced Traders or communicate with them (all the Introduced Traders shall be considered to be the clients of the Company only), unless otherwise has been explicitly allowed by the Company in writing, or provide any advice to them;
h. 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);
i. 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 an investigation or interference;
j. 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;
k. must not use Marketing Materials and/or Marks except for the purposes of performance of this Agreement;
l. must not target marketing to any persons who are under the age of 18 years old, or (provided they are older than 18 years old) under the age of majority in the territory which the Affiliate Affiliate is targeting;
m. 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;
n. must not support the Introduced Traders on any technical or other matters associated with the use of the Trading Platform and must direct them to the Company in the event any such matters arise;
o. must not allow its interests to conflict conflict with its duties under this Agreement as well as the interests of the Company;
; p. 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; q. must not use any language or practices that may be construed as offering any promise or guarantee of any trading gain or profits profits to any Introduced Trader;
Appears in 1 contract
Samples: Affiliate Agreement
