THE COMPANY'S RIGHTS AND OBLIGATIONS. 6.1. The User acknowledges that the Company has the following rights:
6.1.1. To reject, cancel, delete or adjust any exchange or trading order or transaction the User may place;
6.1.2. To suspend the User’s Account;
6.1.3. To correct any transactions of Users deemed necessary by the Company for the proper provision of Services under this Agreement;
6.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Platform (including, without limitation, discontinuing the User’s use of the API) either generally or for particular Funds, transactions or Users, or to discontinue transmission of any or all information;
6.1.5. The Company may refuse to facilitate or proceed with any transactions or refuse access to the Platform at the Company’s sole discretion, as a result of any of the following:
6.1.5.1. Full or partial failure of the Platform, including failure of technology or any of the communications linked to the Platform and the User and/or any of the Counterparties, or any other circumstance in which it is deemed impractical to use the Platform;
6.1.5.2. A breach of the Platform security;
6.1.5.3. A material breach by the User of their obligations under this Agreement or any other agreement with the Company (including the Account Opening Documentation);
6.1.5.4. Failure to comply with any applicable laws by the User;
6.1.5.5. Market conditions generally or conditions affecting a particular Asset or derivative rendering it necessary or desirable (at the Company’s sole discretion);
6.1.5.6. Absence of liquidity. Any such actions taken by the Company in accordance with this Section shall continue for such period of time as the Company reasonable determines to be necessary.
6.2. For the purpose of mitigating and managing potential AML/CTF risks faced by the Company and without detracting from the generality of the Company rights as expressly stipulated above, the Company reserves the right, at its sole discretion, to suspend any User’s Account and prohibit any activity including, but not limited to, withdrawals for the term of internal investigation but not more than 180 days, providing that the Company has reasonable suspicion that User’s activity (i) does not comply with the Services provided by the Company and the subject of this Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach of the law, the present Agreement or the Company’s Anti-Fiat Currency Laundering and Counter-Terrorism Policies.
6.3. In order for the Company to s...
THE COMPANY'S RIGHTS AND OBLIGATIONS. 12.1. The Company has the right to monitor the Affiliate's activities and websites to ensure that the Affiliate is adhering to the terms and conditions of this Agreement and the Affiliate shall provide the Company with access to all data and information (including passwords) to enable the Company to perform such monitoring at no charge.
12.2. The Company shall administrate the turnover generated via the Tracking Link(s), record the Qualified Traders' activities and the total amount of the Affiliate Commission earned via the Tracking Link(s), provide the Affiliate with performance statistics online, and handle all customer services related to the business.
12.3. If the Company suspects any Fraud Traffic, the Company has the right to suspend the Affiliate Commission for up to 180 days while the Company investigates and verifies the relevant transactions. The Company is not obliged to pay Affiliate Commission for a Qualified Trader who is not duly verified and/or is suspected of being involved with Fraud Traffic. If the Company determines any activity as constituting as Fraud Traffic, then Company may in its sole discretion:
12.3.1. pay the Affiliate Commission in full;
12.3.2. recalculate the Affiliate Commission in light of such suspected Fraud Traffic; and/or
12.3.3. cancel the Affiliate Commission in respect of Fraud Traffic (as appropriate).
12.4. The Company reserves the right to reduce the Affiliate Commission if it is reasonably satisfied that the Affiliate reduces efforts to recruit new Qualified Traders. The Affiliate's reduced or suspended promotion of the Site(s) will be treated by the Company as termination of this Agreement.
12.5. The Partners reserves the right, at its sole discretion, to immediately cease any or all marketing and/or promotion efforts in certain jurisdictions and will not be liable to pay any Affiliate Commissions which have accrued to the Affiliate's benefit that are attributable to such jurisdictions, without giving notice to the Affiliate.
THE COMPANY'S RIGHTS AND OBLIGATIONS. Except as provided under Section 7.6 of this Agreement, the existence of the Award Shares shall not affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of bonds, debentures, preferred or other stocks with preference ahead of or convertible into, or otherwise affecting the Common Stock or the rights thereof, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the Company’s assets or business, or any other corporate act or proceeding, whether of a similar character or otherwise.
THE COMPANY'S RIGHTS AND OBLIGATIONS. 12.1. The Company reserve the right to refuse to provide our services to any potential Client, and to close any Client account at any time at our discretion. All data relating to the Client shall remain exclusively our property. Other than in cases explicitly foreseen by us in writing, you will not acquire any rights to data of any kind, which are generated in the context of cooperation under this agreement or in any other way.
12.2. The Company holds the right to monitor the Affiliate’s business activities and/or blog(s) and/or website(s) and/or social media profile and/or any other site associated with the Affiliate or method used to promote the Company’s services and products to ensure that it is in accordance with the provisions of this Agreement.
12.3. Any promotional/marketing material developed or created by the Company and placed or used by the Affiliate, is owned by the Company and, except for the purposes of this Agreement, cannot be used by the Affiliate without the prior written consent of the Company. BDSwiss reserves the right, at any time, to review the Affiliate’s placement of promotional/marketing material and approve its use of the Affiliate’s Links. Furthermore, the Affiliate accepts that BDSwiss may require that the Affiliate changes the placement or use of such material in order to comply with the applicable regulatory framework and/or BDSwiss requirements.
THE COMPANY'S RIGHTS AND OBLIGATIONS. 14.1 The Company is:
14.1.1 obliged to maintain the Residences in a good and tidy condition and defray the costs in this regard out of the Fund;
14.1.2 obliged to procure such insurance relating to the Residences and all other improvements thereon against such risks and for such amounts as the Members of the Company may from time to time decide in a general meeting and to maintain or renew such policies from time to time and to pay the premiums regularly and to defray its costs in this regard out of the Fund;
14.1.3 entitled, through any representative or agent, at all reasonable times to enter any Residence occupied by a Member in order to inspect it. Should the Company not be satisfied with the condition of such Residence, it shall be entitled to require the occupying Member immediately to comply with his obligations relating to the condition of the Residence. Should the Member fail to comply with the said request by the Company, the Company shall be entitled to notify the Member in writing to restore the Residence to its required condition and should the Member fail to comply with such notice within 4 (FOUR) hours after such notice has been given, the Company shall be entitled, without prejudice to any other rights which it may have, to restore the Residence into the required condition and to claim any expenditure so incurred from the Member.
14.1.4 if authorised thereto by the directors or the Company’s secretary or manager, the Company through its authorised agents or employees may enter a Residence at any time in order to effect necessary maintenance or repairs to it in which event any occupying Member shall have no claim against the Company for damages, remission of his Management Fees liability or otherwise;
14.1.5 obliged at all times to keep the Residences adequately furnished and equipped for occupation and use by the permitted number of persons provided that:
14.1.5.1 the Company’s directors shall in their discretion from time to time decide the exact nature, quantity and quality of the furnishings;
14.1.5.2 movables are and remain the Property of the Company;
14.1.5.3 the Company may, if the directors so decide from time to time, add to, replace or vary such furnishings
14.1.5.4 a Member may not remove any of the furnishings or appliances from the Residences or the Property and shall use them with due care for their preservation and good condition.
THE COMPANY'S RIGHTS AND OBLIGATIONS. 4.1. The Company shall open trading accounts for the Customers referred by the Partner pursuant to the Public Offer Agreement.
4.2. The Company shall enable the Customers to conduct trading operations in the system by providing the Customers with logins and passwords.
4.3. The Company shall maintain a comprehensive record of all operations made by Customers.
4.4. The Company shall provide the Partner with information as to the content of the agreements signed, as well as to participation by a customer in foreign exchange trading.
4.5. The Company shall make payments to the Partner on the basis of a monthly income and expense sheet following the procedure established in Appendix 1 hereto.
4.6. The Company has the right to receive from the Partner a full account of the course and results of the Customer attraction campaigns.
4.7. The Company has the right to terminate the present Agreement if the Partner does not attract 3 or more Customers within 30 days of registration with the Company’s affiliate program. The Partner shall not refer close relatives if the Partner is an individual, or close relatives of the founders if the Partner is a legal entity. The Partner shall not refer its own accounts.
4.8. The Company has the right to exclude a Customer account from the affiliate group if the account is not replenished within 30 days of registration in the Customer Cabinet.
4.9. Should the Partner fail to perform any obligation hereunder, the Company has the right to exclude the Customer from its affiliate group.
4.10. The Company has the right to inform the Customers of the affiliate group about commissions received by the Partner for trading operations conducted by them on international financial markets pursuant hereto.
4.11. Should the Partner breach or fail to perform any obligations hereunder, the Company shall be entitled to unilaterally terminate the present Agreement.
4.12. The Company has the right to carry out other actions stipulated in the present Agreement and/or Appendices hereto.
THE COMPANY'S RIGHTS AND OBLIGATIONS. 5.1 The Company shall organise the Event(s) and provide the Sponsorship Benefits using reasonable skill and care.
5.2 The Company may, in its sole discretion, make amendments or changes to the relevant Event programme including, without limitation, switching elements of the Event from a physical to an online format and vice versa, changes to content, agenda, running order and to the scheduling of sponsored speaking slots.
5.3 In relation to any physical elements of the Event(s), although measurements shown on floor plans are believed to be accurate, the Company makes no representations or warranties as to their accuracy. The Company reserves the right to make such modifications as may be reasonably necessary to meet the needs of exhibitors and other sponsors.
5.4 The Company reserves the right to exclude or remove from any Event any person whose presence or behaviour (including any online presence or behaviour) it reasonably considers to be undesirable and/or potentially unlawful, harmful, disrespectful and/or disruptive, whether or not such person is an employee, representative or contractor of the Sponsor.
THE COMPANY'S RIGHTS AND OBLIGATIONS. A. Company shall have the right, in its sole discretion, to reject doing business with any proposed or introduced customer. In addition, and subject only to the Client agreement between Company and the customer, Company may, in its sole discretion, terminate any Client account without prior notice.
B. In the event an Introduced client is non-active, the Company has the right to cancel the payment of an IB Commission for any Non–Active Introduced Client and terminate the assignment of such a Non–Active Introduced Client to a specific IB.
C. The Company and/or its Affiliated Entities shall be the sole and exclusive proprietor of any personal data disclosed and/or related to the Introduced Clients.
D. The Company and/or its Affiliated Entities have the right to monitor the IB’s Site and request the IB to make amendments as deemed necessary and the IB is obliged to comply with such amendments.
E. The Company will perform its obligations under this agreement in good faith and in compliance with all applicable laws, regulations or norms of international law.
F. The Company will cooperate with the clients introduced to the Company by the IB pursuant to the terms of this agreement throughout the term of agreement. In the event that another introducing broker, agent or employee of Company seeks to introduce a customer already introduced to the Company, the Company will inform the IB about such secondary introduction.
G. Once having accepted a customer account, and subject to its Client Agreement with said customer, Company will open and maintain an account for said customer and/or execute the relevant transactions for said Client and maintain proper records of all Client transactions and other activity undertaken on behalf of the Client.
H. The Company will provide the IB with access to such systems as may be necessary to enable the IB to view and/or extract information relating to transactions and other financial data in the customer accounts, provided the customer has taken all requisite action authorising such access by the IB.
I. The Company will handle all funds and personal data of a Client as required by applicable laws, and subject thereto as directed by the customer or the IB, in the event the IB is duly authorised by the Client to issue such directions. The Company is not responsible for cash, securities or other property of a customer held by the IB or any third party or otherwise not within Company's care, custody or control.
J. The Company undertakes t...
THE COMPANY'S RIGHTS AND OBLIGATIONS. A. The Company reserves the right to accept or reject any shipment for carriage. PROVIDED that where the Customer is of the opinion that he/they have satisfied all the conditions and irrevocably warrants that same have been so satisfied, he/they may request the reasons for the Refusal to Ship. PROVIDED also that the company reserves the right to inform the Customer of the reasons for the Refusal to Ship.
B. The Company reserves the right to open and inspect any shipment brought to the Company for shipment and may Refuse to Ship where the Customer refuses to give consent to the Company to inspect same. PROVIDED that where the Company deems it fit that no prior notice needs to be given to the customer, it shall document its reasons for this decision and may elect to inform the Customer or any relevant authority if need be.
C. Subject to any customised contract between the Company and any customer; and the value of the shipment, the Company shall maintain an insurance cover of not more than N50,000.00 (Fifty Thousand Naira). PROVIDED that where the Customer declares that the value of the shipment is above the maximum limit, the customer shall be required to pay 1% of the value declared as insurance premium.
D. The Company reserved that right to convey the shipment by its own servants or agent and/or by airline conveyance and other independent contractor or by any means of conveyance or any route whatsoever, as it may deem fit. PROVIDED that the method of conveyance is made known to the Customer where such information is requested.
E. The Company reserves the right to surcharge the customer for any cancellation made after cancel after one pick-up attempt. PROVIDED that such surcharge shall not exceed 15% of the original waybill charge.
F. The Company reserves the right to destroy any unclaimed goods or shipments which remains in their custody after 30 days whether or not the customer or any other person acting on or behalf of the customer communicates his/her intention to recover same but fails to do so. PROVIDED that -
i. the Customer is entitled to be notified of the Company’s intention to destroy the said shipment not less 3 days before such destruction is carried out.
ii. The Company may charge the customer a demurrage fee for the storage of such goods after 15 days.
G. The Company shall utilise all reasonable methods and best practices to ensure that the shipment is delivered according to the normal delivery schedules and in the original condition of the ...
THE COMPANY'S RIGHTS AND OBLIGATIONS. Art. 5 – THE COMPANY, as the direct beneficiary of the supervision activity carried out under the terms of this agreement, is obliged to provide to the members of the Supervisory Board all the
