Your consent to the terms of this Agreement with Plus500 Ltd
("Company") is signified by clicking the box entitled "I have read and agreed to the Affiliation Agreement" in our Affiliate Sign-Up Form.
IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT PROMOTE THE SITE.
Account: The uniquely assigned account that is created for Trader when
he/she opens a Trader's Account at any of the Company's Sites.
Affiliate: A person or entity that has received an email confirmation
from Company, as determined by Company at its sole discretion, that it is
included in the Program, and it has received a Tracker ID linked to the Site(s)
in accordance with the terms of this Agreement.
Affiliate Fee: The amount due and payable to Affiliate, based solely and
exclusively on the Company's system's data and calculations, in accordance with
the Compensation Plan selected by the Affiliate on the Affiliate Sign Up Form
when signing up and/or activating additional Tracker IDs, or according to the
Compensation Plan determined by the Company, if different from the Compensation
Plan selected by Affiliate.
Affiliate Section: The area of the Site(s) that is accessible to
Affiliate where Affiliate may check stats, register Referred Affiliates and Sub-Affiliates,
update profile, create additional Tracker IDs, select Banners and other
functions. Affiliate may open under the Affiliate Section a sub account, in
which it may grant limited access to certain participants which work with Affiliate,
where such participants may check stats, Fees balance and other functions
provided by the Company, at its sole and absolute discretion. The Company reserves
the right to add and/or remove any tools from the Affiliate Section at any
time, at its sole and absolute discretion.
Banners and Text Links: Any means of
graphics, pictures, animation, artwork or text that an Affiliate uses to
hyperlink Traders from Affiliate's website to the Site(s).
Compensation Plan: CPA Plan or Revenue
Company Marks: means registered and unregistered trademarks, service marks,
trade names, service names and logos of the Company and its suppliers placed on
the Trading Platform or otherwise used with respect to the Trading Platform or
the Sites by the Company and all similar proprietary rights, together with all
translations, adaptations, derivations and combinations thereof, all
applications, registrations and renewals in connection therewith, and all
rights to corporate names, metatags and universal resource locators owned or
used by the Company, including without limitation the "Plus500" and
any other Mark as may be used by the Company, from time to time.
Gross Revenue: The aggregate Spreads actually received by the Company from
each Trader solely as a result of activity in the Trading Platform, less any
Bonuses given to Traders, Charge Backs, or any un-collectable revenue
attributable to the Trader. For illustration purpose only, in the event a
Trader executed during a calendar month a total of 5 transactions, and from
each transaction the Company actually collected and was paid a Spread equal to
$1, $2, $4, $6 and $7 respectively. In the event that in such calendar month
the Company gave such Trader a $5 Bonus, the Gross Revenue of such Trader
during such calendar month shall be (1+2+4+6+7-5) = $15.
Fraud Traffic: Any deposits, Gross Revenue or traffic generated at the
Site(s) through illegal means or in bad faith to defraud the Company,
regardless of whether or not it actually causes harm to the Company. Fraud
Traffic includes but is not limited to Spam, false advertising, deposits
generated by stolen credit cards, collusion, manipulation of the service,
system, bonuses or promotions, offers to share the Affiliate Fee directly or
indirectly with Traders, and any other unauthorized use of any third party
accounts, copyrights or trademarks.
Company Affiliate Program
located at www.500affiliates.com
A human user who was directed by the Affiliate and
identified by a Tracker ID assigned to such Affiliate; provided that: (i) such
Affiliate is confirmed by Company as included in the Program and is linked to
the Site(s) in accordance with this Agreement, and (ii) such user has been
approved by the Company and has made a minimum real money deposit of at least $50,
or such other minimum amount as shall be specified on the Program from time to
time, and (iii) with respect the CPA Plan only, the Company has collected from
such user Spreads in the amount of at least $40, or such other amount as shall
be specified on the Program from time to time and (iv) such user is not already
registered to the Site under a different name or through a different identity .
It is hereby clarified that neither an Affiliate nor any of its affiliated
parties are eligible to become Qualified Traders under such Affiliate's Tracker
ID(s), and should Affiliate or any of its affiliated parties do so register, Affiliate
will not be eligible to receive the applicable commission or any other
compensation whatsoever. For the purposes hereof, the term "affiliated
party" shall mean any of the following: (i) any member of Affiliate's
immediate family; (ii) any individual, corporation, partnership, joint venture,
trust, and any other body corporate or unincorporated organization, directly or
indirectly controlling, controlled by or under common control with Affiliate.CPA
An Affiliate compensation plan where Affiliate shall be paid
according to the number of Qualified Traders referred by him to the Site(s)
which Qualified Traders actually opened an Account with the Company after
clicking on a Tracking URL used by Affiliate or entered the sign up bonus code
assigned to Affiliate when they signed up.
For example, if an Affiliate is entitled to receive
$100 per Qualified Trader, and Affiliate referred 10 Traders in a certain
month, 8 of which are Qualified Traders, Affiliate shall receive in such month
8*100 = $800. It is hereby clarified that in the event that in the
following month, one of the Traders shall become a Qualified Trader, Affiliate will
be entitled to be paid from such Qualified Trader in such month.
Revenue Sharing Plan: An Affiliate compensation plan where the
compensation payable to Affiliate is calculated as a percentage of the Gross
Revenue attributed to such Affiliate.
For example, if an Affiliate is entitled to
receive 25% for a Gross Revenue from $10,001 up to $20,000, and in a certain
month Affiliate referred such number of Qualified Traders which generated a
total of $15,000 Gross Revenues in such month, Affiliate shall receive in such
month 25%*15,000 = $3,750.
Site(s): www.plus500.com and any other
website as may be added by the Company, in its sole and absolute discretion,
from time to time.
Spam or Unsolicited Promotions: Any emails or any other messages that
are circulated by Affiliate, directly or indirectly, including messages that
are posted on newsgroups, chatboards and other types of online forums and
which: (i) are directed at third parties who have not consented in writing in
advance to receiving promotional messages from such Affiliate; (ii) contain
false or misleading statements; (iii) do not truthfully identify the source or
the originating IP Address from which it was sent; or (iv) do not provide the
recipient with an option to easily "Remove" it from receiving future
mailings or promotions.
Spread: The difference
between the Buy price and the Sell price of a certain instrument at the time
the Trader opens a position on the Trading Platform.
person or entity, which Affiliate referred to this Affiliate Program and which
was approved by the Company, and for which Affiliate will determine and
instruct the Company which portion of its Affiliate Fees shall be due to such
Sub Affiliate, and the Company shall pay Sub-Affiliate directly such portion of
Referred -Affiliate: Any person or
entity, which Affiliate referred to this Affiliate Program and which was
approved by the Company, and for which, Affiliate will receive compensation
based on the Gross Revenues generated by Traders referred to the Site by such
Referred-Affiliate, provided however that as a precondition to each Affiliate
being considered a Referred-Affiliate of another Affiliate, such Referred-Affiliate
shall be required to declare, together with the application for this Affiliate
Program, which of the existing Affiliates has referred him, and shall only be
entitled to name one such referring Affiliate. If the Company shall select to
accept such new Affiliate it shall also notify the referring Affiliate of such
Tracker(s) ID: The unique Tracking ID,
which is related to the Tracker URL or sign up bonus codes that we provide
exclusively to you, through which we track and calculate Affiliate Fees.
Tracking URL: A unique hyperlink to
the Site(s) enabling Affiliates to refer potential Traders to the Site(s), and
enables Company to identify the Affiliate that has referred such specific Trader
for the purpose of calculating the Affiliate Fees.
Trademarks: All trademarks, service marks and logos displayed on the
Trading Platform: The Company's
technology dedicated for online trading, allowing
participants to trade online either for fun or for real money, and including
the Company's billing, support, retention and promotion services and activities.
user of the Trading Platform.
2.1 Each Affiliate shall choose whether to sign up for the Revenue
Sharing Plan or the CPA Plan and such decision shall be final. Under no
circumstances may an Affiliate change the Compensation Plan to which it has
signed up. Notwithstanding the above, the Company may change the Compensation
Plan of each Affiliate, at any time and at its sole and absolute discretion by sending
such Affiliate a notice to such effect by email. In the event Affiliate does
not agree to such change, it shall notify the Company by e-mail within three
(3) days, and the Agreement shall terminate immediately. In the event Affiliate
does not reply within three (3) days from the notice, it shall be deemed as an
approval to such change in the Compensation Plan. It is hereby clarified that
Affiliate will continue to receive payment with respect to Traders identified
by a Tracker ID prior to the date of any such change in the Compensation Plan,
in accordance with the applicable Compensation Plan at the date such Traders registered
to the Site(s).
to the Compensation Plan the Affiliate selected or designated by the Company,
as applicable, Affiliate shall be paid on a monthly basis the amounts to which
Affiliate shall be entitled in accordance with the provisions of the sign up
form which will appear in your Affiliate Section.
2.3 In addition
to the above, each Affiliate may, subject to the Company's prior approval,
refer Sub-Affiliates and/or Referred –Affiliates, provided such Sub-Affiliates
and/or Referred Affiliates are not registered as Affiliates under any other
name or identification.
2.4 The Company shall exert its commercially best efforts to inform each
applying affiliate whether the Company approves such affiliate's request and
the Compensation Plan chosen by him within seven (7) days of its application to
join the Affiliate Program.
2.5 All costs in whatsoever nature of Affiliate shall be borne solely by
Affiliate and the Company shall under no circumstances participate in such
2.6 By this Agreement, we grant you the non-exclusive right to direct
customers and/or potential Affiliates to the Site(s), in accordance with the
terms and conditions of this Agreement. This Agreement does not grant you an
exclusive right or privilege to assist us in the provision of services arising
from your referrals, and we intend to contract with and obtain the assistance of
other Affiliates to perform services of the same or similar nature as yours.
You shall have no claims to fees originated from Traders and/or Affiliates not
referred solely by you.
3. Tracking; Payment
3.1 Company tracks, by the 10th of every month, Traders' activity for
purposes of calculating each Affiliate's Fees. The form, content and frequency
of the reports may vary from time to time in our sole discretion. Upon
conclusion of each report Affiliate will receive a report setting forth the
number of new Qualified Traders signed up that month, per Tracker ID (for CPA
Plan Affiliates), and/or the total amount of Gross Revenue collected from
Qualified Traders that month, per Tracker ID (for Revenue Sharing Plan's
Affiliates). In addition, this information will be available to Affiliate
online in real time, under password protection.
3.2 The Affiliate Fee shall be calculated as follows:
In the event that the Affiliate chose, and the Company approved, Revenue
Sharing Plan for such Affiliate, the Affiliate Fee shall be that percentage of
the Gross Revenue of the Qualified Traders referred in and tracked to such
Affiliate, as shall be specified on the Affiliate Section, from time to time,
at the Company's sole and absolute discretion.
revenue share shall be attributed to the Affiliate whose details appeared on
the confirmation notice sent to such Affiliate upon registration to the
In the event the Affiliate chose, and the Company approved, CPA Plan for
such Affiliate, the Affiliate shall be entitled to receive Affiliates Fees for
each Qualified Trader referred by him to the Site(s), as shall be specified on
the Affiliate Section, from time to time, at the Company's sole and absolute
ADDITION TO ANY OTHER TERMS AND CONDITIONS SET FORTH ANYWHERE IN THIS AGREEMENT
OR UNDER APPLICABLE LAW, AFFILIATE SHALL NOT BE ENTITLED TO RECEIVE ANY
PAYMENTS FOR ANY TRADER UNLESS AND UNTIL SUCH TRADER HAS BEEN APPROVED AND QUALIFIED AS A QUALIFIED TRADER.
THE REMOVAL OF ANY DOUBT IT IS HEREBY CLARIFIED THAT THE COMPANY RESERVES THE
RIGHT, AT ITS SOLE AND ABSOLUTE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE,
AT ANY TIME, ANY OF THE CRITERIA APPLYING TO ANY OF THE COMPENSATION PLANS,
INCLUDING WITHOUT LIMITATION, SETTING ANY BASELINE, THRESHOLD, MINUMUM
DEPOSITS/EARNINGS AND/OR OTHERREQUIREMENT(S) FOR QUALIFYING INTO ANY OF THE
COMPENSATION PLANS AND/OR FOR RECEIVING ANY AFFILATE FEES SET FORTH HEREUNDER.
and Non Active account – In the event of Activity desistence, It is hereby
clarified that the Company will not have to continue and compensate the Affiliate.
For any removal of doubt – any Affiliate that will generate less than 8 new Qualified
Traders, directly or via Referred-Affiliates and/or Sub-Affiliates, in the last
6 months will be considered as non active.
Entitlement to Affiliate Fees. Notwithstanding anything to the contrary,
Affiliate (whether under the Revenue Share Plan or the CPA Plan) shall be no
longer entitled to receive Affiliate Fees (including Referred Affiliate Fees
and Sub-Affiliate Fees) per any Trader carrying Affiliate's Tracker ID following
twelve (12) months from the date such Trader registered to the Site.
Referred-Affiliate Fees. Each Affiliate shall also be entitled to a fee
equal to that percentage – as specified on the Affiliate Section, from time to
time, of the Spreads earned by the Company originated by Traders carrying the
Referred-Affiliate Tracker ID.
Sub-Affiliate Fees. The Company shall pay each Sub-Affiliate its fees in
accordance with the instructions provided by Affiliate to the Company.
3.6 Time of Payment. Affiliate Fees will be payable within
fifteen (15) days after the end of each calendar month, except that, in no
event will the Company pay to an Affiliate an amount lower than $150, and in
the event such Affiliate balance at the end of a calendar month is below $150,
such balance shall be carried over and added to the next month's Affiliate
Fees. In the event, the balance amount carried over does not total $150 within
six (6) consecutive calendar months, then the amount due will be voided and
cancelled, and the Company may terminate this Agreement with no liability
whatsoever to Affiliate.
3.7 Holdover for Fraud Traffic. In the event of any activity
deemed suspicious by the Company at its sole determination, in your Account or
in multiple Accounts, the Company may delay payment of the Affiliate Fees to
you for up to one hundred and eighty (180) days to verify the relevant
transactions and in the event the Company determines the activity to constitute
Fraud Traffic, the Company shall recalculate or withhold your Affiliate Fees
accordingly and in its sole discretion. It is hereby clarified that in any
event the Company shall determine that Affiliate is somewhat involved, whether
directly or indirectly, in any fraudulent, deceptive, manipulative or otherwise
illegal activity connected to the Company, including without limitation to the
Site(s), Account(s), Bonus(es) and/or Qualified Traders, the Company shall have
the right, in addition to any other right or remedy available to it under this
agreement or applicable law, to render the Tracking URLs assigned to such
Affiliate inoperative, and immediately block Affiliate access to the Program,
with no compensation to Affiliate. Affiliate hereby irrevocably waives any
claim or demand against the Company, its directors, officers, shareholders,
employees or against the Site(s) in respect of such action taken by Company.
3.8 Method of Payment. All payments will be due and payable in
United States Dollars only. Payment will be made by check, wire or any other
method chosen by the Company. Charges for wires or courier charges for checks
will be covered by Affiliate and deducted from the Affiliate Fee.
3.9 Trader Tracking. Affiliate represents that it is aware and
agrees that Traders must link through a Tracking URL or enter a sign up bonus
codes when signing up in order for Affiliates (and Sub-Affiliates) to receive
Affiliate Fees in relation to such potential Traders. In no event, shall the
Company be liable and Affiliate specifically waives any claim or demand for
failure of Affiliate or any Trader to use the right Tracker IDs or for
potential Traders' failure to properly enter a sign up bonus codes. Affiliate
understands and agrees that it shall not receive credit for Referred Affiliates
and/or Sub-Affiliates unless expressly registering them under Affiliate.
3.10 Disputes. Deposit of payment check, acceptance of payment
transfer or acceptance of other payment by Affiliate will be deemed full and
final settlement of Affiliate Fees due for the calendar month indicated. Hence,
if you disagree with the reports or amount payable, do NOT accept payment for
such amount and immediately send the Company a written notice of your dispute.
Dispute notices must be received within thirty (30) days of the end of each
month for which payment is made, or your right to dispute such report or
payment will be deemed waived and you shall have no claims in such regard.
3.11 Trader Verification. Affiliate Fees in relation to new
Qualified Traders will be dispatched only following Company's verification and
checks concerning all new Traders.
3.12 It is Affiliate's sole responsibility to comply with any tax laws
that apply to Affiliate Fees, and Affiliate consents that to the extent
required by applicable law and regulations, Company may provide information
regarding Affiliate's Fees to any government agency.
Additional Terms of Participation in the Program
4.1 Affiliate must provide true and complete information to the Company
at all times including but not limited to, identity, contact information,
payment instructions, nationality, residency, location and nature of marketing
activities, and any other information that the Company may request from time to
4.2 Approved Marketing Materials. Without Company's prior written
approval, Affiliate will only use our approved Banners and Text Links and will
not alter their appearance. The appearance and syntax of the hypertext transfer
link are designed and designated by us and constitute the only authorized and
permitted representation of our site (collectively the "Marketing
Materials"). Affiliate will not modify the Marketing Materials without
Company's prior written consent. AFFILIATE WILL BE SOLELY RESPONSIBLE FOR THE
CONTENT AND MANNER OF ITS MARKETING ACTIVITIES. ALL MARKETING ACTIVITIES MUST
BE PROFESSIONAL, PROPER AND LAWFUL UNDER APPLICABLE RULES OR LAWS.
4.3 An Affiliate and its website, to the extent he operates through a
website, may not be engaged, directly or indirectly, in conduct that Company,
at its sole discretion, deems to be illegal, improper, unfair or otherwise
adverse to the operation or reputation of any of the Sites or detrimental to
other users of the Sites, including without limitation, directly or indirectly:
(a) Operation of an illegal business, site or subscription email list; (b)
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
subscription emails or offering any illegal good or service through the
Affiliate's website or subscription emails; (c) Operation of a website that
contains or promotes content that is libelous, defamatory, obscene, abusive,
violent, bigoted, hate-oriented, illegal, or link to a website that does so;
(d) Engaging in indiscriminate or unsolicited commercial advertising emails;
(e) Placing links to any of the Sites in Spam or Unsolicited Promotions, banner
networks, counters, guest books, IRC channels or through similar Internet
resources; (f) 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 (in each case without
derogating from other remedies Company may have in law, equity or otherwise);
(f) Establishing or causing to be established, without the prior written
consent of an authorized officer of Company, any promotion that provides any
rewards, points or compensation for and any other activity that Company deems
at its sole discretion to be of similar nature, or that allows third parties to
place links to the Site(s); (g) Diluting, blurring or tarnishing the value of
Trademarks; or (h) Offer any trader, whether directly or indirectly, any kind
of rake back deal. The Company shall have the right, in addition to any other
right or remedy available to it under this agreement or applicable law, to
render the Tracking URLs assigned to such Affiliate inoperative, and immediately
block Affiliate access to the Program, with no compensation to Affiliate.
Affiliate hereby irrevocably waives any claim or demand against the Company,
its directors, officers, shareholders, employees or against the Site(s) in
respect of such action taken by Company.
4.4 AFFILIATE MAY NOT ACTIVELY TARGET MARKETING TO ANY PERSONS WHO ARE LESS THAN 18 YEARS OF AGE, REGARDLESS OF THE AGE OF MAJORITY IN THE LOCATION WEHRE AFFILIATE
AFFILIATE MAY NOT ACTIVELY TARGET MARKETING TO ANY PERSON WHO IS A CITIZEN OR
RESIDENT OF THE UNITED STATES OF AMERICA, AND ANY OTHER COUNTRIES WHICH WILL BE
SPECIFIED ON THE SITE FROM TIME TO TIME, AS FORBIDDEN FOR TRADERS.
5. No Competitive Marketing
It is hereby clarified that you shall not be
entitled to market to potential Traders (i) on any Internet site on which we
promote any of the Sites; (ii) on any Internet search engine on which we
promote any of the Sites; (iii) in any other manner which results in your
competing with us in relation to the promotion of your website(s), including
but not limited to the promotion of your website(s) through other Affiliates;
and (iv) any other online software, application, or other platform enabling
online trading similar to and/or competitive with the Trading Platform. In the
event that you are in breach of the foregoing provisions, we reserve the right
to render the Tracking URLs assigned to you inoperative and you shall have no
claims against the site operators its owner or their directors, officers,
shareholders or employees in respect of such action taken by us.
6. Links; Trademarks and Logos; Data
Subject to the terms of this Agreement, Affiliate may display a link on
Affiliate's website, which website has been confirmed by Company as included in
the Program, to the homepage(s) of the Site(s) (but no other page). Company
grants to Affiliate, a nonexclusive, non-transferable, non-sublicensable
limited license to display on such Affiliate's website the Company Mark for the
sole purpose of providing a link from such Affiliate's site to the Site(s). No
framing of any webpage of any of the Sites is permitted. This license cannot be
sub-licensed, assigned or otherwise transferred by you. Your right to use the
Company Mark(s) is limited to and arises only out of this license to use the Banners
and Text Links. You and anyone on your behalf shall not assert the invalidity,
unenforceability, or contest the ownership of any of the Company Marks in any
action or proceeding of whatever kind or nature, and shall not take any action that
may prejudice our or our licensor's rights in the Company Marks, render the
same generic, or otherwise weaken their validity or diminish their associated
goodwill. The Trademarks are registered and unregistered trademarks of Company
or others. Except as explicitly permitted in this Section, nothing in this
Agreement or on any of the Sites should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any Trademark.
Unless otherwise approved in advance in writing by Company, Affiliate may not
promote, whether directly or indirectly, any of the Company Marks. All Traders shall
be considered as customers of Company only. The Company shall be the sole and
exclusive owner of the database of names and contact information and any other
data of all Traders, including Traders identified by a Tracker ID. Affiliate
may not contact a Trader without receiving the Company written approval for
such contact. If in the Company's opinion you either try to or do make contact
with a Trader without the Company's written approval, the Company shall be
entitled to immediately terminate this Agreement and to withhold all
commissions owed to you at such time. Further, if following your receipt of
Company 's written approval for your contacting or corresponding with a Trader,
Company deems that such contact or correspondence is against the interests of
Company, Company shall have the right both to revoke the approval previously
granted and to terminate this Agreement and to withhold all commissions owing
to you at such time. Affiliate further agrees that Company will access
information from or about visitors to Affiliate's website, and may use such
information for any purpose.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR
SUPPLIERS BE LIABLE FOR LOST PROFITS OR DATA, OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITES, COMPANY'S
SERVICES, THE TRADING PLATFORM, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING
NEGLIGENCE), AND INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OR
MALFUNCTION OF ANY SOFTWARE, HARDWARE, COMMUNICATION TECHNOLOGY OR OTHER
SYSTEM. COMPANY'S LIABILITY, AND THE LIABILITY OF COMPANY'S SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO AFFILIATE OR ANY THIRD
PARTY(IES) IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF
THE FEES PAID BY COMPANY TO AFFILIATE IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, AND (B) $100.
8. NO WARRANTIES; INDEMNIFICATION
THE FOLLOWING DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED UNDER
APPLICABLE LAW: NOTWITHSTANDING ANYTHING TO THE CONTRARY, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF NON-
INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE PROGRAM, THE SITE(S), LINKS IN THE SITE(S), OR THE SITE(S) BEING ACCESSIBLE OR FREE OF ERRORS, VIRUSES OR SECURITY THREATS.
Affiliate agrees to indemnify, defend and hold harmless Company and its
subsidiaries, directors, officers, employees and suppliers from and against any
and all liability, claims, costs, expenses, injuries and losses, including
reasonable attorneys' fees and costs, arising directly or indirectly in
connection with Affiliate's operations or website or out of any disputes
between Affiliate and any other party relating to this Agreement, the Site(S)
or to services provided by Company.
9. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY)
SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN
THIS AGREEMENT OR OPERATE OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF PARTICIPATING IN THIS AFFILIATION PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will take effect when you indicate your acceptance of this
Agreement on the enrollment form and continue until terminated in accordance
with the terms hereof.
Company may terminate this Agreement at any time, with or without cause, by
giving the other party a seven (7) day prior written notice by email (or by
posting a notice on the Site(s) by Company if Company terminates this Agreement
with all of its Affiliates), except if Affiliate violated any of the terms of
this Agreement, in which case termination will be effective immediately.
Affiliate may terminate this Agreement at any time, with or without cause, by
giving the Company a seven (7) days prior written notice (such written notice
may be provided by facsimile or email).
Upon termination of this Agreement, Affiliate shall no longer be entitled to
receive payment with respect to any new Traders; however Company's obligation
to pay Affiliates under the Revenue Sharing Plan the Affiliate Fees, shall
survive with respect to Traders identified by a Tracker ID prior to the date of
any such termination, for as long as Company receives revenues from such Traders,
but no longer than 6 months following the termination of this Agreement, except
if Affiliate violated any of the terms of this Agreement, in which case this
Section 10.2 shall not apply and Affiliate shall no longer be entitled to
receive any payments whatsoever.
Upon termination of this Agreement for any reason, Affiliate will immediately
cease use of, and remove from Affiliate's website, all links to the Site(s).
Any domain which contains any of Company Marks shall be immediately transferred
to Company, at cost, upon termination of this agreement with Affiliate for
whatsoever reason. Affiliate shall pay Company US$1,000 for each day such
domain is not transferred to Company. Sections 4, 5, 6, 7, 8, 10 and 11 of this
Agreement shall survive such termination and the enforceability of the terms
and conditions of this Agreement as they related to acts and omissions during
the period before such termination shall survive such termination.