Common use of The Engagement Clause in Contracts

The Engagement. 2.1. During the term of this Agreement, the Partner undertakes to use its best efforts to actively and effectively market and promote the Trading Platform through the Partner Websites and/or other referral platforms. In no event shall the Partner engage in any marketing or promotional activity related to the Trading Platforms in any area, location, territory or jurisdiction within a Restricted Country. 2.2. Subject to the terms and conditions of this Agreement, eToro hereby grants the License to the Partner and the Partner hereby obtains the License from eToro, such License shall be valid for the term of this Agreement. It is agreed that the Customers’ registration process and approach to the Trading Platform shall be made solely through eToro Websites. The rights granted to the Partner hereunder by eToro are not exclusive in any manner, and nothing herein shall limit, prevent or preclude eToro from entering into other partner agreements or other agreements with other third parties and/or from granting rights and/or licenses with respect to the Trading Platform to any other third party. Nothing herein shall prevent eToro from promoting and/or marketing its services and/or the Trading Platform by itself. 2.3. Subject to the terms and conditions of this Agreement, eToro hereby grants to the Partner and the Partner hereby obtains from eToro a royalty-free, nonexclusive, personal, non-transferable, non-assignable and non-sub-licensable license for the term of this Agreement, to display the eToro Brands in the Partner Websites solely for the purpose of promoting and marketing eToro’s services and/or products and/or the Trading Platform. The Partner acknowledges and agrees that: (a) it will use the eToro Brands only as permitted hereunder; (b) it will use the eToro Brands in a lawful manner and in strict compliance with all Guidelines or other requirements prescribed by eToro; (c) the eToro Brands are and shall remain the sole property of eToro; (d) nothing in this Agreement shall confer in the Partner any right of ownership in the eToro Brands and all use thereof by the Partner shall inure to the benefit of eToro; and (e) the Partner shall not, now or in the future, attempt to register any eToro Brand and/or domain name and/or contest the validity of any eToro Brands or use any term or xxxx confusingly similar to any eToro Brands. 2.4. It is hereby agreed and clarified that the Partner shall not be permitted to market the Trading Platform on any Internet website on which eToro promotes the Trading Platform and/or in any other manner which results in the Partner competing with eToro in relation to the promotion of the Trading Platform. In addition, the Partner shall not carry out search engine marketing of the Trading Platform using the word "eToro". In the event that the Partner is in breach of the foregoing provisions, eToro reserves the right to immediately terminate the Agreement pursuant to the terms specified in section 6 below. 2.5. eToro reserve the right to inspect or otherwise monitor your Affiliate Websites at any time to determine whether you are following our Guidelines and in compliance with this Agreement. You are required to make actions as may be required in order to allow eToro to conduct its inspection, including granting access to group pages on social platforms or other application and/or cloud-based platforms and/or marketing media platforms. We may inform you of any changes to the Affiliate Websites that we feel you should make to ensure that you maintain compliance with this Agreement. Failure to make the changes to your Affiliate Websites within reasonable time (no longer than 14 days) constitutes a material breach of this Agreement and will allow us to terminate this Agreement with immediate effect. 2.6. eToro shall have the sole and absolute discretion in connection with the rejection or refusal of any Customer to register to and/or trade on the Trading Platform 2.7. Any and all rights not granted under this Agreement to the Partner in the Trading Platform (if any) are expressly reserved by eToro. 2.8. eToro reserves the right to take legal actions against the Partner in the event the Partner shall attempt to manipulate eToro and/or the Trading Platform and/or abuse eToro’s Partner Program. Without limitation of the foregoing, eToro reserves the right to withhold, setoff and/or deduct from any payment due to Partner hereunder in the event of such manipulation and/or abuse and may also terminate this Agreement with immediate effect.

Appears in 2 contracts

Samples: Partner Program Agreement, Partner Program Agreement

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The Engagement. 2.1. During the term of this Agreement, the Partner Affiliate undertakes to use its best efforts to actively and effectively market and promote the Trading Platform through the Partner Affiliate Websites and/or other referral platforms. In no event shall the Partner Affiliate engage in any marketing or promotional activity related to the Trading Platforms in any area, location, territory or jurisdiction within a Restricted Countryoutside of the Territory. 2.2. Subject to the terms and conditions of this Agreement, eToro hereby grants the License to the Partner Affiliate and the Partner Affiliate hereby obtains the License from eToro, such License shall be valid for the term of this Agreement. It is agreed that the Customers’ registration process and approach to the Trading Platform shall be made solely through eToro Websites. The rights granted to the Partner Affiliate hereunder by eToro are not exclusive in any manner, and nothing herein shall limit, prevent or preclude eToro from entering into other partner affiliate agreements or other agreements with other third parties and/or from granting rights and/or licenses with respect to the Trading Platform to any other third party. Nothing herein shall prevent eToro from promoting and/or marketing its services and/or the Trading Platform by itself. 2.3. Subject to the terms and conditions of this Agreement, eToro hereby grants to the Partner Affiliate and the Partner Affiliate hereby obtains from eToro a royalty-free, nonexclusive, personal, non-non- transferable, non-assignable and non-sub-licensable license for the term of this Agreement, to display the eToro Brands in the Partner Affiliate Websites solely for the purpose of promoting and marketing eToro’s services and/or products and/or the Trading Platform. The Partner Affiliate acknowledges and agrees that: (a) it will use the eToro Brands only as permitted hereunder; (b) it will use the eToro Brands in a lawful manner and in strict compliance with all Guidelines or format(s), guidelines, standards and other requirements prescribed by eToro; (c) the eToro Brands are and shall remain the sole property of eToro; (d) nothing in this Agreement shall confer in the Partner Affiliate any right of ownership in the eToro Brands and all use thereof by the Partner Affiliate shall inure to the benefit of eToro; and (e) the Partner Affiliate shall not, now or in the future, attempt to register any eToro Brand and/or domain name and/or contest the validity of any eToro Brands or use any term or xxxx confusingly similar to any eToro Brands. 2.4. It is hereby agreed and clarified that the Partner Affiliate shall not be permitted to market the Trading Platform on any Internet website on which eToro promotes the Trading Platform and/or in any other manner which results in the Partner Affiliate competing with eToro in relation to the promotion of the Trading Platform. In addition, the Partner Affiliate shall not carry out search engine marketing of the Trading Platform using the word "eToro". In the event that the Partner Affiliate is in breach of the foregoing provisions, eToro reserves the right to immediately terminate the Agreement pursuant to the terms specified in section 6 below. 2.5. eToro reserve the right to inspect or otherwise monitor your Affiliate Websites at any time to determine whether you are following our Guidelines and in compliance with this Agreement. You are required to make actions as may be required in order to allow eToro to conduct its inspection, including granting access to group pages on social platforms or other application and/or cloud-based platforms and/or marketing media platforms. We may inform you of any changes to the Affiliate Websites that we feel you should make to ensure that you maintain compliance with this Agreement. Failure to make the changes to your Affiliate Websites within reasonable time (no longer than 14 days) constitutes a material breach of this Agreement and will allow us to terminate this Agreement with immediate effect. 2.6. eToro shall have the sole and absolute discretion in connection with the rejection or refusal of any Customer to register to and/or trade on the Trading Platform. 2.72.6. Any and all rights not granted under this Agreement to the Partner Affiliate in the Trading Platform (if any) are expressly reserved by eToro. 2.82.7. eToro reserves the right to take legal actions against the Partner Affiliate in the event the Partner Affiliate shall attempt to manipulate eToro and/or the Trading Platform and/or abuse eToro’s Partner Affiliate Program. Without limitation of the foregoing, eToro reserves the right to withhold, setoff and/or deduct from any payment due to Partner Affiliate hereunder in the event of such manipulation and/or abuse and may also terminate this Agreement with immediate effect.

Appears in 2 contracts

Samples: Affiliate Program Agreement, Affiliate Program Agreement

The Engagement. 2.1. During the term of this Agreement, the Partner Affiliate undertakes to use its best efforts to actively and effectively market and promote the Trading Platform through the Partner Affiliate Websites and/or other referral platforms. In no event shall the Partner Affiliate engage in any marketing or promotional activity related to the Trading Platforms in any area, location, territory or jurisdiction within a Restricted Countryoutside of the Territory. 2.2. Subject to the terms and conditions of this Agreement, eToro hereby grants the License to the Partner Affiliate and the Partner Affiliate hereby obtains the License from eToro, such License shall be valid for the term of this Agreement. It is agreed that the Customers’ registration process and approach to the Trading Platform shall be made solely through eToro Websites. The rights granted to the Partner Affiliate hereunder by eToro are not exclusive in any manner, and nothing herein shall limit, prevent or preclude eToro from entering into other partner affiliate agreements or other agreements with other third parties and/or from granting rights and/or licenses with respect to the Trading Platform to any other third party. Nothing herein shall prevent eToro from promoting and/or marketing its services and/or the Trading Platform by itself. 2.3. Subject to the terms and conditions of this Agreement, eToro hereby grants to the Partner Affiliate and the Partner Affiliate hereby obtains from eToro a royalty-free, nonexclusive, personal, non-non- transferable, non-assignable and non-sub-licensable license for the term of this Agreement, to display the eToro Brands in the Partner Affiliate Websites solely for the purpose of promoting and marketing eToro’s services and/or products and/or the Trading Platform. The Partner Affiliate acknowledges and agrees that: (a) it will use the eToro Brands only as permitted hereunder; (b) it will use the eToro Brands in a lawful manner and in strict compliance with all Guidelines or other requirements prescribed by eToro; (c) the eToro Brands are and shall remain the sole property of eToro; (d) nothing in this Agreement shall confer in the Partner any right of ownership in the eToro Brands and all use thereof by the Partner shall inure to the benefit of eToro; and (e) the Partner shall not, now or in the future, attempt to register any eToro Brand and/or domain name and/or contest the validity of any eToro Brands or use any term or xxxx confusingly similar to any eToro Brands. 2.4. It is hereby agreed and clarified that the Partner shall not be permitted to market the Trading Platform on any Internet website on which eToro promotes the Trading Platform and/or in any other manner which results in the Partner competing with eToro in relation to the promotion of the Trading Platform. In addition, the Partner shall not carry out search engine marketing of the Trading Platform using the word "eToro". In the event that the Partner is in breach of the foregoing provisions, eToro reserves the right to immediately terminate the Agreement pursuant to the terms specified in section 6 below. 2.5. eToro reserve the right to inspect or otherwise monitor your Affiliate Websites at any time to determine whether you are following our Guidelines and in compliance with this Agreement. You are required to make actions as may be required in order to allow eToro to conduct its inspection, including granting access to group pages on social platforms or other application and/or cloud-based platforms and/or marketing media platforms. We may inform you of any changes to the Affiliate Websites that we feel you should make to ensure that you maintain compliance with this Agreement. Failure to make the changes to your Affiliate Websites within reasonable time (no longer than 14 days) constitutes a material breach of this Agreement and will allow us to terminate this Agreement with immediate effect. 2.6. eToro shall have the sole and absolute discretion in connection with the rejection or refusal of any Customer to register to and/or trade on the Trading Platform 2.7. Any and all rights not granted under this Agreement to the Partner in the Trading Platform (if any) are expressly reserved by eToro. 2.8. eToro reserves the right to take legal actions against the Partner in the event the Partner shall attempt to manipulate eToro and/or the Trading Platform and/or abuse eToro’s Partner Program. Without limitation of the foregoing, eToro reserves the right to withhold, setoff and/or deduct from any payment due to Partner hereunder in the event of such manipulation and/or abuse and may also terminate this Agreement with immediate effect.;

Appears in 1 contract

Samples: Affiliate Program Agreement

The Engagement. 2.1. During the term of this Agreement, the Partner Affiliate undertakes to use its best efforts to actively and effectively market and promote the Trading Platform through the Partner Affiliate Websites and/or other referral platforms. In no event shall the Partner Affiliate engage in any marketing or promotional activity related to the Trading Platforms in any area, location, territory or jurisdiction within a Restricted Countryoutside of the Territory. 2.2. Subject to the terms and conditions of this Agreement, eToro hereby grants the License to the Partner Affiliate and the Partner Affiliate hereby obtains the License from eToro, such License shall be valid for the term of this Agreement. It is agreed that the Customers’ registration process and approach to the Trading Platform shall be made solely through eToro Websites. The rights granted to the Partner Affiliate hereunder by eToro are not exclusive in any manner, and nothing herein shall limit, prevent or preclude eToro from entering into other partner affiliate agreements or other agreements with other third parties and/or from granting rights and/or licenses with respect to the Trading Platform to any other third party. Nothing herein shall prevent eToro from promoting and/or marketing its services and/or the Trading Platform by itself. 2.3. Subject to the terms and conditions of this Agreement, eToro hereby grants to the Partner Affiliate and the Partner Affiliate hereby obtains from eToro a royalty-free, nonexclusive, personal, non-non- transferable, non-assignable and non-sub-licensable license for the term of this Agreement, to display the eToro Brands in the Partner Affiliate Websites solely for the purpose of promoting and marketing eToro’s services and/or products and/or the Trading Platform. The Partner Affiliate acknowledges and agrees that: (a) it will use the eToro Brands only as permitted hereunder; (b) it will use the eToro Brands in a lawful manner and in strict compliance with all Guidelines or format(s), guidelines, standards and other requirements prescribed by eToro; (c) the eToro Brands are and shall remain the sole property of eToro; (d) nothing in this Agreement shall confer in the Partner Affiliate any right of ownership in the eToro Brands and all use thereof by the Partner Affiliate shall inure to the benefit of eToro; and (e) the Partner Affiliate shall not, now or in the future, attempt to register any eToro Brand and/or domain name and/or contest the validity of any eToro Brands or use any term or xxxx confusingly similar to any eToro Brands. 2.4. It is hereby agreed and clarified that the Partner Affiliate shall not be permitted to market the Trading Platform on any Internet website on which eToro promotes the Trading Platform and/or in any other manner which results in the Partner Affiliate competing with eToro in relation to the promotion of the Trading Platform. In addition, the Partner Affiliate shall not carry out search engine marketing of the Trading Platform using the word "eToro". In the event that the Partner Affiliate is in breach of the foregoing provisions, eToro reserves the right to immediately terminate the Agreement pursuant to the terms specified in section 6 below. 2.5. eToro reserve the right to inspect or otherwise monitor your Affiliate Websites at any time to determine whether you are following our Guidelines and in compliance with this Agreement. You are required to make actions as may be required in order to allow eToro to conduct its inspection, including granting access to group pages on social platforms or other application and/or cloud-based platforms and/or marketing media platforms. We may inform you of any changes to the Affiliate Websites that we feel you should make to ensure that you maintain compliance with this Agreement. Failure to make the changes to your Affiliate Websites within reasonable time (no longer than 14 days) constitutes a material breach of this Agreement and will allow us to terminate this Agreement with immediate effect. 2.6. eToro shall have the sole and absolute discretion in connection with the rejection or refusal of any Customer to register to and/or trade on the Trading Platform. 2.72.6. Any and all rights not granted under this Agreement to the Partner Affiliate in the Trading Platform (if any) are expressly reserved by eToro. 2.82.7. eToro reserves the right to take legal actions against the Partner Affiliate in the event the Partner Affiliate shall attempt to manipulate eToro and/or the Trading Platform and/or abuse eToro’s Partner Affiliate Program. Without limitation of the foregoing, eToro reserves the right to withhold, setoff withhold and/or deduct from any payment due to Partner Affiliate hereunder in the event of such manipulation and/or abuse and may also terminate this Agreement with immediate effect.

Appears in 1 contract

Samples: Affiliate Program Agreement

The Engagement. 2.1. During the term of this Agreement, the Partner Affiliate undertakes to use its best efforts to actively and effectively market and promote the Trading Platform through the Partner Affiliate Websites and/or other referral platforms. In no event shall the Partner Affiliate engage in any marketing or promotional activity related to the Trading Platforms in any area, location, territory or jurisdiction within a Restricted Country. 2.2. Subject to the terms and conditions of this Agreement, eToro hereby grants the License to the Partner Affiliate and the Partner Affiliate hereby obtains the License from eToro, such License shall be valid for the term of this Agreement. It is agreed that the Customers’ registration process and approach to the Trading Platform shall be made solely through eToro Websites. The rights granted to the Partner Affiliate hereunder by eToro are not exclusive in any manner, and nothing herein shall limit, prevent or preclude eToro from entering into other partner affiliate agreements or other agreements with other third parties and/or from granting rights and/or licenses with respect to the Trading Platform to any other third party. Nothing herein shall prevent eToro from promoting and/or marketing its services and/or the Trading Platform by itself. 2.3. Subject to the terms and conditions of this Agreement, eToro hereby grants to the Partner Affiliate and the Partner Affiliate hereby obtains from eToro a royalty-free, nonexclusive, personal, non-non- transferable, non-assignable and non-sub-licensable license for the term of this Agreement, to display the eToro Brands in the Partner Affiliate Websites solely for the purpose of promoting and marketing eToro’s services and/or products and/or the Trading Platform. The Partner Affiliate acknowledges and agrees that: (a) it will use the eToro Brands only as permitted hereunder; (b) it will use the eToro Brands in a lawful manner and in strict compliance with all Guidelines or other requirements prescribed by eToro; (c) the eToro Brands are and shall remain the sole property of eToro; (d) nothing in this Agreement shall confer in the Partner Affiliate any right of ownership in the eToro Brands and all use thereof by the Partner Affiliate shall inure to the benefit of eToro; and (e) the Partner Affiliate shall not, now or in the future, attempt to register any eToro Brand and/or domain name and/or contest the validity of any eToro Brands or use any term or xxxx confusingly similar to any eToro Brands. 2.4. It is hereby agreed and clarified that the Partner Affiliate shall not be permitted to market the Trading Platform on any Internet website on which eToro promotes the Trading Platform and/or in any other manner which results in the Partner Affiliate competing with eToro in relation to the promotion of the Trading Platform. In addition, the Partner Affiliate shall not carry out search engine marketing of the Trading Platform using the word "eToro". In the event that the Partner Affiliate is in breach of the foregoing provisions, eToro reserves the right to immediately terminate the Agreement pursuant to the terms specified in section 6 below. 2.5. eToro reserve the right to inspect or otherwise monitor your Affiliate Websites at any time to determine whether you are following our Guidelines and in compliance with this Agreement. You are required to make actions as may be required in order to allow eToro to conduct its inspection, including granting access to group pages on social platforms or other application and/or cloud-based platforms and/or marketing media platforms. We may inform you of any changes to the Affiliate Websites that we feel you should make to ensure that you maintain compliance with this Agreement. Failure to make the changes to your Affiliate Websites within reasonable time (no longer than 14 days) constitutes a material breach of this Agreement and will allow us to terminate this Agreement with immediate effect. 2.6. eToro shall have the sole and absolute discretion in connection with the rejection or refusal of any Customer to register to and/or trade on the Trading Platform 2.72.6. Any and all rights not granted under this Agreement to the Partner Affiliate in the Trading Platform (if any) are expressly reserved by eToro. 2.82.7. eToro reserves the right to take legal actions against the Partner Affiliate in the event the Partner Affiliate shall attempt to manipulate eToro and/or the Trading Platform and/or abuse eToro’s Partner Affiliate Program. Without limitation of the foregoing, eToro reserves the right to withhold, setoff and/or deduct from any payment due to Partner Affiliate hereunder in the event of such manipulation and/or abuse and may also terminate this Agreement with immediate effect.

Appears in 1 contract

Samples: Affiliate Program Agreement

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The Engagement. 2.1. During the term of this Agreement, the Partner Affiliate undertakes to use its best efforts to actively and effectively market and promote the Trading Platform through the Partner Affiliate Websites and/or other referral platforms. In no event shall the Partner Affiliate engage in any marketing or promotional activity related to the Trading Platforms in any area, location, territory or jurisdiction within a Restricted Countryoutside of the Territory. 2.2. Subject to the terms and conditions of this Agreement, eToro Cyber FX hereby grants the License to the Partner Affiliate and the Partner Affiliate hereby obtains the License from eToroCyber FX, such License shall be valid for the term of this Agreement. It is agreed that the Customers’ registration process and approach to the Trading Platform shall be made solely through eToro Cyber FX Websites. The rights granted to the Partner Affiliate hereunder by eToro Cyber FX are not exclusive in any manner, and nothing herein shall limit, prevent or preclude eToro Cyber FX from entering into other partner affiliate agreements or other agreements with other third parties and/or from granting rights and/or licenses with respect to the Trading Platform to any other third party. Nothing herein shall prevent eToro Cyber FX from promoting and/or marketing its services and/or the Trading Platform by itself. 2.3. Subject to the terms and conditions of this Agreement, eToro Cyber FX hereby grants to the Partner Affiliate and the Partner Affiliate hereby obtains from eToro Cyber FX a royalty-free, nonexclusive, personal, non-transferablenontransferable, non-assignable and non-sub-licensable license for the term of this Agreement, to display the eToro Cyber FX Brands in the Partner Affiliate Websites solely for the purpose of promoting and marketing eToroCyber FX’s services and/or products and/or the Trading Platform. The Partner Affiliate acknowledges and agrees that: (a) it will use the eToro Cyber FX Brands only as permitted hereunder; (b) it will use the eToro Cyber FX Brands in a lawful manner and in strict compliance with all Guidelines or format(s), guidelines, standards and other requirements prescribed by eToroCyber FX; (c) the eToro Cyber FX Brands are and shall remain the sole property of eToroCyber FX; (d) nothing in this Agreement shall confer in the Partner Affiliate any right of ownership in the eToro Cyber FX Brands and all use thereof by the Partner Affiliate shall inure to the benefit of eToroCyber FX; and (e) the Partner Affiliate shall not, now or in the future, attempt to register any eToro Cyber FX Brand and/or domain name and/or contest the validity of any eToro Cyber FX Brands or use any term or xxxx confusingly similar to any eToro Cyber FX Brands. 2.4. It is hereby agreed and clarified that the Partner Affiliate shall not be permitted to market the Trading Platform on any Internet website on which eToro Cyber FX promotes the Trading Platform and/or in any other manner which results in the Partner Affiliate competing with eToro Cyber FX in relation to the promotion of the Trading Platform. In addition, the Partner Affiliate shall not carry out search engine marketing of the Trading Platform using the word "eToroCyber FX". In the event that the Partner Affiliate is in breach of the foregoing provisions, eToro Cyber FX reserves the right to immediately terminate the Agreement pursuant to the terms specified in section 6 below. 2.5. eToro reserve the right to inspect or otherwise monitor your Affiliate Websites at any time to determine whether you are following our Guidelines and in compliance with this Agreement. You are required to make actions as may be required in order to allow eToro to conduct its inspection, including granting access to group pages on social platforms or other application and/or cloud-based platforms and/or marketing media platforms. We may inform you of any changes to the Affiliate Websites that we feel you should make to ensure that you maintain compliance with this Agreement. Failure to make the changes to your Affiliate Websites within reasonable time (no longer than 14 days) constitutes a material breach of this Agreement and will allow us to terminate this Agreement with immediate effect. 2.6. eToro Cyber FX shall have the sole and absolute discretion in connection with the rejection or refusal of any Customer to register to and/or trade on the Trading Platform. 2.72.6. Any and all rights not granted under this Agreement to the Partner Affiliate in the Trading Platform (if any) are expressly reserved by eToroCyber FX. 2.82.7. eToro Cyber FX reserves the right to take legal actions against the Partner Affiliate in the event the Partner Affiliate shall attempt to manipulate eToro Cyber FX and/or the Trading Platform and/or abuse eToroCyber FX’s Partner Affiliate Program. Without limitation of the foregoing, eToro Cyber FX reserves the right to withhold, setoff and/or deduct from any payment due to Partner Affiliate hereunder in the event of such manipulation and/or abuse and may also terminate this Agreement with immediate effect.

Appears in 1 contract

Samples: Affiliate Agreement

The Engagement. 2.1. During the term of this Agreement, the Partner undertakes to use its best efforts to actively and effectively market and promote the Trading Platform through the Partner Websites and/or other referral platforms. In no event shall the Partner engage in any marketing or promotional activity related to the Trading Platforms in any area, location, territory or jurisdiction within a Restricted Country. 2.2. Subject to the terms and conditions of this Agreement, eToro hereby grants the License to the Partner and the Partner hereby obtains the License from eToro, such License shall be valid for the term of this Agreement. It is agreed that the Customers’ registration process and approach to the Trading Platform shall be made solely through eToro Websites. The rights granted to the Partner hereunder by eToro are not exclusive in any manner, and nothing herein shall limit, prevent or preclude eToro from entering into other partner agreements or other agreements with other third parties and/or from granting rights and/or licenses with respect to the Trading Platform to any other third party. Nothing herein shall prevent eToro from promoting and/or marketing its services and/or the Trading Platform by itself. 2.3. Subject to the terms and conditions of this Agreement, eToro hereby grants to the Partner and the Partner hereby obtains from eToro a royalty-free, nonexclusive, personal, non-transferable, non-assignable and non-sub-licensable license for the term of this Agreement, to display the eToro Brands in the Partner Websites solely for the purpose of promoting and marketing eToro’s services and/or products and/or the Trading Platform. The Partner acknowledges and agrees that: (a) it will use the eToro Brands only as permitted hereunder; (b) it will use the eToro Brands in a lawful manner and in strict compliance with all Guidelines or other requirements prescribed by eToro; (c) the eToro Brands are and shall remain the sole property of eToro; (d) nothing in this Agreement shall confer in the Partner any right of ownership in the eToro Brands and all use thereof by the Partner shall inure to the benefit of eToro; and (e) the Partner shall not, now or in the future, attempt to register any eToro Brand and/or domain name and/or contest the validity of any eToro Brands or use any term or xxxx confusingly similar to any eToro Brands. 2.4. It is hereby agreed and clarified that the Partner shall not be permitted to market the Trading Platform on any Internet website on which eToro promotes the Trading Platform and/or in any other manner which results in the Partner competing with eToro in relation to the promotion of the Trading Platform. In addition, the Partner shall not carry out search engine marketing of the Trading Platform using the word "eToro". In the event that the Partner is in breach of the foregoing provisions, eToro reserves the right to immediately terminate the Agreement pursuant to the terms specified in section 6 below. 2.5. eToro reserve the right to inspect or otherwise monitor your Affiliate Websites at any time to determine whether you are following our Guidelines and in compliance with this Agreement. You are required to make actions as may be required in order to allow eToro to conduct its inspection, including granting access to group pages on social platforms or other application and/or cloud-based platforms and/or marketing media platforms. We may inform you of any changes to the Affiliate Websites that we feel you should make to ensure that you maintain compliance with this Agreement. Failure to make the changes to your Affiliate Websites within reasonable time (no longer than 14 days) constitutes a material breach of this Agreement and will allow us to terminate this Agreement with immediate effect. 2.6. eToro shall have the sole and absolute discretion in connection with the rejection or refusal of any Customer to register to and/or trade on the Trading Platform 2.72.6. Any and all rights not granted under this Agreement to the Partner in the Trading Platform (if any) are expressly reserved by eToro. 2.82.7. eToro reserves the right to take legal actions against the Partner in the event the Partner shall attempt to manipulate eToro and/or the Trading Platform and/or abuse eToro’s Partner Program. Without limitation of the foregoing, eToro reserves the right to withhold, setoff and/or deduct from any payment due to Partner hereunder in the event of such manipulation and/or abuse and may also terminate this Agreement with immediate effect.

Appears in 1 contract

Samples: Partner Program Agreement

The Engagement. 2.1. During the term of this Agreement, the Partner Affiliate undertakes to use its best efforts to actively and effectively market and promote the Trading Platform through the Partner Affiliate Websites and/or other referral platforms. In no event shall the Partner Affiliate engage in any marketing or promotional activity related to the Trading Platforms in any area, location, territory or jurisdiction within a Restricted Country. 2.2. Subject to the terms and conditions of this Agreement, eToro hereby grants the License to the Partner Affiliate and the Partner Affiliate hereby obtains the License from eToro, such License shall be valid for the term of this Agreement. It is agreed that the Customers’ registration process and approach to the Trading Platform shall be made solely through eToro Websites. The rights granted to the Partner Affiliate hereunder by eToro are not exclusive in any manner, and nothing herein shall limit, prevent or preclude eToro from entering into other partner affiliate agreements or other agreements with other third parties and/or from granting rights and/or licenses with respect to the Trading Platform to any other third party. Nothing herein shall prevent eToro from promoting and/or marketing its services and/or the Trading Platform by itself. 2.3. Subject to the terms and conditions of this Agreement, eToro hereby grants to the Partner Affiliate and the Partner Affiliate hereby obtains from eToro a royalty-free, nonexclusive, personal, non-non- transferable, non-assignable and non-sub-licensable license for the term of this Agreement, to display the eToro Brands in the Partner Affiliate Websites solely for the purpose of promoting and marketing eToro’s services and/or products and/or the Trading Platform. The Partner Affiliate acknowledges and agrees that: (a) it will use the eToro Brands only as permitted hereunder; (b) it will use the eToro Brands in a lawful manner and in strict compliance with all Guidelines or other requirements prescribed by eToro; (c) the eToro Brands are and shall remain the sole property of eToro; (d) nothing in this Agreement shall confer in the Partner any right of ownership in the eToro Brands and all use thereof by the Partner shall inure to the benefit of eToro; and (e) the Partner shall not, now or in the future, attempt to register any eToro Brand and/or domain name and/or contest the validity of any eToro Brands or use any term or xxxx confusingly similar to any eToro Brands. 2.4. It is hereby agreed and clarified that the Partner shall not be permitted to market the Trading Platform on any Internet website on which eToro promotes the Trading Platform and/or in any other manner which results in the Partner competing with eToro in relation to the promotion of the Trading Platform. In addition, the Partner shall not carry out search engine marketing of the Trading Platform using the word "eToro". In the event that the Partner is in breach of the foregoing provisions, eToro reserves the right to immediately terminate the Agreement pursuant to the terms specified in section 6 below. 2.5. eToro reserve the right to inspect or otherwise monitor your Affiliate Websites at any time to determine whether you are following our Guidelines and in compliance with this Agreement. You are required to make actions as may be required in order to allow eToro to conduct its inspection, including granting access to group pages on social platforms or other application and/or cloud-based platforms and/or marketing media platforms. We may inform you of any changes to the Affiliate Websites that we feel you should make to ensure that you maintain compliance with this Agreement. Failure to make the changes to your Affiliate Websites within reasonable time (no longer than 14 days) constitutes a material breach of this Agreement and will allow us to terminate this Agreement with immediate effect. 2.6. eToro shall have the sole and absolute discretion in connection with the rejection or refusal of any Customer to register to and/or trade on the Trading Platform 2.7. Any and all rights not granted under this Agreement to the Partner in the Trading Platform (if any) are expressly reserved by eToro. 2.8. eToro reserves the right to take legal actions against the Partner in the event the Partner shall attempt to manipulate eToro and/or the Trading Platform and/or abuse eToro’s Partner Program. Without limitation of the foregoing, eToro reserves the right to withhold, setoff and/or deduct from any payment due to Partner hereunder in the event of such manipulation and/or abuse and may also terminate this Agreement with immediate effect.;

Appears in 1 contract

Samples: Affiliate Program Agreement

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