Common use of The Company’s Obligations Clause in Contracts

The Company’s Obligations. 5.1 The Company shall timely pay the Payments/Commission as detailed in Section 7 herein. 5.2 The Company represents and warrants as follows: a. The Company has the power to enter into and perform this Agreement according to its terms. b. The Company warrants that it is (or its associated companies are) the proprietor of the Company’s Names and Trademarks or that it is duly authorized by the proprietor of the same to sublicense them to Referral Partner on the terms of this Agreement. 5.3 The Company when entering into relationship with the Referral Partner for the services outlined above, shall ensure that the Referral Partner acts in the client’s best interests and that their remuneration does not result to any conflicts of interest. 5.4 The Company’s Compliance Function will monitor the operations and activities carried out by the Referral Partner in order to identify any potential risks. In particular, the Company will monitor, among others, the website(s) of Intermediaries for any changes to the promotional material and in case where the Company issues instructions to the Referral Partner for modifications and/or removal of the material the Referral Partner shall comply within 2 business days. 5.5 In the event of identification of the first misconduct/deficiency, the Referral Partner shall receive a warning in relation to the breach and shall be requested to take immediate actions within 2 business days. 5.6 Upon a second misconduct/deficiency, or in case of first misconduct which the Company, decides to be of greater risk to the Company (i.e. trading on behalf of clients or unauthorized investment advice), shall request the termination of the Referral Partner, as per the clauses of Section 8 of the Agreement. 5.7 Where the Company, in its absolute discretion, considers that the Referral Partner does not satisfy the requirements of the Company as set out herein or that the Referral Partner is otherwise not fit to provide Services to the Company, it may terminate this Agreement with immediate effect and not within the timeframe outlined in Section 8 of the Agreement, by giving to the Referral Partner a written notice. 5.8 The Referral Partner undertakes to cooperate, if required, with CySEC, the Data Protection Commissioner and any other relevant authority in connection with the services which it provides to the Company pursuant to this Agreement and to allow the Company, or its internal or external auditors effective access to the data associated with the services and business premises (in case of a legal person).

Appears in 2 contracts

Samples: Referral Partner Agreement, Referral Partner Agreement

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The Company’s Obligations. 5.1 1. The Company shall make available to Affiliate access to the affiliate program which includes additional information and reports regarding its Agreement with the Company. 2. The Company shall timely pay the Payments/Commission as detailed in Section 7 herein. 5.2 3. The Company represents and warrants as follows: a. The Company has the power to enter into and perform this Agreement according to its terms. b. The Company warrants that it is (or its associated companies are) the proprietor of the Company’s Names and Trademarks or that it is duly authorized by the proprietor of the same to sublicense them to Referral Partner Affiliate on the terms of this Agreement. 5.3 4. The Company when entering into relationship with the Referral Partner Affiliate for the services outlined above, shall ensure that the Referral Partner Affiliate acts in the client’s best interests and that their remuneration does not result to any conflicts of interest. In this respect, the Affiliate confirms that only the Company has an ongoing relationship with the clients. 5.4 5. The Company’s Compliance Function will monitor the operations and activities carried out by the Referral Partner Affiliate in order to identify any potential risks. In particular, the Company will monitor, among others, the website(s) of Intermediaries Affiliates for any changes to the promotional material and in case where the Company issues instructions to the Referral Partner Affiliate for modifications and/or removal of the material the Referral Partner Affiliate shall comply within 2 3 business days. 5.5 6. In the event of identification of the first misconduct/deficiency, the Referral Partner Affiliate shall receive a warning in relation to the breach and shall be requested to take immediate actions within 2 within3 business days. 5.6 7. Upon a second misconduct/misconduct/ deficiency, or in case of first misconduct which the Company, decides to be of greater risk to the Company (i.e. trading on behalf of clients or unauthorized investment advice), shall request the termination of the Referral PartnerAffiliate, as per the clauses of Section 8 of the Agreement. 5.7 8. Where the Company, in its absolute discretion, considers that the Referral Partner Affiliate does not satisfy the requirements of the Company as set out herein or that the Referral Partner Affiliate is otherwise not fit to provide Services to the Company, it may terminate this Agreement with immediate effect and not within the timeframe outlined in Section 8 of the Agreement, by giving to the Referral Partner Affiliate a written notice. 5.8 9. The Referral Partner Affiliate undertakes to cooperate, if required, with CySEC, the Data Protection Commissioner and any other relevant authority in connection with the services which it provides to the Company pursuant to this Agreement and to allow the Company, or its internal or external auditors effective access to the data associated with the services and business premises (in case of a legal person).

Appears in 1 contract

Samples: Affiliate Agreement

The Company’s Obligations. 5.1 1. The Company shall make available to Affiliate access to xxxxx://xxx.xxxxxxxxxxx.xxx/become-partner which includes additional information and reports regarding its Agreement with the Company. 2. The Company shall timely pay the Payments/Commission as detailed in Section 7 herein. 5.2 3. The Company represents and warrants as follows: a. The Company has the power to enter into and perform this Agreement according to its terms. b. The Company warrants that it is (or its associated companies are) the proprietor of the Company’s Names and Trademarks or that it is duly authorized by the proprietor of the same to sublicense them to Referral Partner Affiliate on the terms of this Agreement. 5.3 4. The Company when entering into relationship with the Referral Partner Affiliate for the services outlined above, shall ensure that the Referral Partner Affiliate acts in the client’s best interests and that their remuneration does not result to any conflicts of interest. In this respect, the Affiliate confirms that only the Company has an ongoing relationship with the clients. 5.4 5. The Company’s Compliance Function will monitor the operations and activities carried out by the Referral Partner Affiliate in order to identify any potential risks. In particular, the Company will monitor, among others, the website(s) of Intermediaries Affiliates for any changes to the promotional material and in case where the Company issues instructions to the Referral Partner Affiliate for modifications and/or removal of the material the Referral Partner Affiliate shall comply within 2 3 business days. 5.5 6. In the event of identification of the first misconduct/deficiency, the Referral Partner Affiliate shall receive a warning in relation to the breach and shall be requested to take immediate actions within 2 within3 business days. 5.6 7. Upon a second misconduct/misconduct/ deficiency, or in case of first misconduct which the Company, decides to be of greater risk to the Company (i.e. trading on behalf of clients or unauthorized investment advice), shall request the termination of the Referral PartnerAffiliate, as per the clauses of Section 8 of the Agreement. 5.7 8. Where the Company, in its absolute discretion, considers that the Referral Partner Affiliate does not satisfy the requirements of the Company as set out herein or that the Referral Partner Affiliate is otherwise not fit to provide Services to the Company, it may terminate this Agreement with immediate effect and not within the timeframe outlined in Section 8 of the Agreement, by giving to the Referral Partner Affiliate a written notice. 5.8 9. The Referral Partner Affiliate undertakes to cooperate, if required, with CySEC, the Data Protection Commissioner and any other relevant authority in connection with the services which it provides to the Company pursuant to this Agreement and to allow the Company, or its internal or external auditors effective access to the data associated with the services and business premises (in case of a legal person).

Appears in 1 contract

Samples: Affiliate Agreement

The Company’s Obligations. 5.1 a. The Company shall make available to Affiliate access to affiliate program of the Company, which includes additional information and reports regarding its Agreement with the Company. b. The Company shall timely pay the Payments/Commission as detailed in Section 7 herein. 5.2 c. The Company represents and warrants as follows: a. i. The Company has the power to enter into and perform this Agreement according to its terms. b. ii. The Company warrants that it is (or its associated companies are) the proprietor of the Company’s Names and Trademarks or that it is duly authorized by the proprietor of the same to sublicense them to Referral Partner Affiliate on the terms of this Agreement. 5.3 d. The Company when entering into relationship with the Referral Partner Affiliate for the services outlined above, shall ensure that the Referral Partner Affiliate acts in the client’s best interests and that their remuneration does not result to any conflicts of interest. In this respect, the Affiliate confirms that only the Company has an ongoing relationship with the clients. 5.4 e. The Company’s Compliance Function will monitor the operations and activities carried out by the Referral Partner Affiliate in order to identify any potential risks. In particular, the Company will pre-approve any marketing material in writing, monitor, among others, the website(s) of Intermediaries Affiliates for any changes to the promotional material which will need to be sent to the Company for written pre-approval and the Affiliate undertakes to notify the Company for any subsequent changes and/or amendments to the material, landing pages and/or any other published material for the Company’s written approval, and in case where the Company issues instructions to the Referral Partner Affiliate for modifications and/or removal of the material the Referral Partner Affiliate shall comply within 2 3 business days. 5.5 f. In the event of identification of the first misconduct/deficiency, the Referral Partner Affiliate shall receive a warning in relation to the breach and shall be requested to take immediate actions within 2 3 business days. 5.6 g. Upon a second misconduct/deficiency, or in case of first misconduct which the Company, decides to be of greater risk to the Company (i.e. trading on behalf of clients or unauthorized investment advice), shall request the termination of the Referral PartnerAffiliate, as per the clauses of Section 8 of the Agreement. 5.7 h. Where the Company, in its absolute discretion, considers that the Referral Partner Affiliate does not satisfy the requirements of the Company as set out herein or that the Referral Partner Affiliate is otherwise not fit to provide Services to the Company, it may terminate this Agreement with immediate effect and not within the timeframe outlined in Section 8 of the Agreement, by giving to the Referral Partner Affiliate a written notice. 5.8 i. The Referral Partner Affiliate undertakes to cooperate, if required, with CySEC, the Data Protection Commissioner and any other relevant authority in connection with the services which it provides provided to the Company pursuant to this Agreement and to allow the Company, or its internal or external auditors effective access to the data associated with the services and business premises (in case of a legal person). The Affiliate further undertakes to provide any requested information with regards to its personnel and/or marketing material and/or any other information or data with regards to the provision of services to the Company upon its request within a period of 3 business days. If the Affiliate fails to do so then the Company may serve a warning and/or terminate the Agreement as mentioned hereinabove.

Appears in 1 contract

Samples: Affiliate Agreement

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The Company’s Obligations. 5.1 1. The Company shall make available to Affiliate access to xxxxx://xxx.x0xxxxxxx.xxx/en/become-partner which includes additional information and reports regarding its Agreement with the Company. 2. The Company shall timely pay the Payments/Commission as detailed in Section 7 herein. 5.2 3. The Company represents and warrants as follows: a. The Company has the power to enter into and perform this Agreement according to its terms. b. The Company warrants that it is (or its associated companies are) the proprietor of the Company’s Names and Trademarks or that it is duly authorized by the proprietor of the same to sublicense them to Referral Partner Affiliate on the terms of this Agreement. 5.3 4. The Company when entering into relationship with the Referral Partner Affiliate for the services outlined above, shall ensure that the Referral Partner Affiliate acts in the client’s best interests and that their remuneration does not result to any conflicts of interest. In this respect, the Affiliate confirms that only the Company has an ongoing relationship with the clients. 5.4 5. The Company’s Compliance Function will monitor the operations and activities carried out by the Referral Partner Affiliate in order to identify any potential risks. In particular, the Company will monitor, among others, the website(s) of Intermediaries Affiliates for any changes to the promotional material and in case where the Company issues instructions to the Referral Partner Affiliate for modifications and/or removal of the material the Referral Partner Affiliate shall comply within 2 3 business days. 5.5 6. In the event of identification of the first misconduct/deficiency, the Referral Partner Affiliate shall receive a warning in relation to the breach and shall be requested to take immediate actions within 2 3 business days. 5.6 7. Upon a second misconduct/misconduct/ deficiency, or in case of first misconduct which the Company, decides to be of greater risk to the Company (i.e. trading on behalf of clients or unauthorized investment advice), shall request the termination of the Referral PartnerAffiliate, as per the clauses of Section 8 of the Agreement. 5.7 8. Where the Company, in its absolute discretion, considers that the Referral Partner Affiliate does not satisfy the requirements of the Company as set out herein or that the Referral Partner Affiliate is otherwise not fit to provide Services to the Company, it may terminate this Agreement with immediate effect and not within the timeframe outlined in Section 8 of the Agreement, by giving to the Referral Partner Affiliate a written notice. 5.8 9. The Referral Partner Affiliate undertakes to cooperate, if required, with CySEC, the Data Protection Commissioner and any other relevant authority in connection with the services which it provides to the Company pursuant to this Agreement and to allow the Company, or its internal or external auditors effective access to the data associated with the services and business premises (in case of a legal person).

Appears in 1 contract

Samples: Affiliate Agreement

The Company’s Obligations. 5.1 5.1. The Company shall provide to the approved Partner, access to xxxxx://xxx.000xxxxxxxxx.xxx/en/become-partner, which includes additional information and reports regarding the Partner’s Agreement with the Company. 5.2. The Company shall timely pay the Payments/Commission to its Partner, as detailed in Section 7 hereinof this Agreement. 5.2 5.3. The Company represents and warrants as followsthe following: a. (a) The Company has the power to enter into and perform this Agreement according to its terms. b. (b) The Company warrants that it is (or its associated companies are) the proprietor of the Company’s Names and Trademarks or that it is duly authorized by the proprietor of the same to sublicense them to Referral Partner Affiliate on the terms of this Agreement. 5.3 5.4. The Company when entering into relationship with the Referral Partner for the services outlined above, shall ensure that the Referral Partner acts in the client’s best interests and that their remuneration does not result to any conflicts of interest. In this respect, the Affiliate confirms that only the Company has an ongoing relationship with the clients. 5.4 5.5. The Company’s Compliance Function will monitor the operations and activities carried out by the Referral Partner in order to identify any potential risks. In particular, the Company will monitor, among others, the website(s) of Intermediaries Partners for any changes to the promotional material and in case where the Company issues instructions to the Referral Partner for modifications and/or removal of the material the Referral Partner shall comply within 2 3 business days. 5.5 5.6. In the event of identification of the first misconduct/deficiency, the Referral Partner shall receive a warning in relation to the breach and shall be requested to take immediate actions within 2 within3 business days. 5.6 5.7. Upon a second misconduct/misconduct/ deficiency, or in case of first misconduct which the Company, decides to be of greater risk to the Company (i.e. trading on behalf of clients or unauthorized investment advice), shall request the termination of the Referral Partner, as per the clauses of Section 8 of the this Agreement. 5.7 5.8. Where the Company, in its absolute discretion, considers that the Referral Partner does not satisfy the requirements of the Company as set out herein or that the Referral Partner is otherwise not fit to provide Services to the Company, it may terminate this Agreement with immediate effect and not within the timeframe outlined in Section 8 of the Agreement, by giving to the Referral Partner a written notice. 5.8 5.9. The Referral Partner undertakes to cooperate, if required, with CySEC, the Data Protection Commissioner and any other relevant authority in connection with the services which it provides to the Company pursuant to this Agreement and to allow the Company, or its internal or external auditors effective access to the data associated with the services and business premises (in case of a legal person).

Appears in 1 contract

Samples: Affiliate Agreement

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