This Agreement (the “Agreement”) is entered into between Affbinary with principal place of business at Belize City, Belize, on behalf of itself, its subsidiaries and certain companies under joint ownership with it and together, “Company”) and any affiliate (“AFFILIATE”) and applies to any dealings between them (collectively the “Parties” or individually a “Party”)
The Company, a Limited Company providing affiliation services, wishes to enter into this Agreement with the AFFILIATE; and, AFFILIATE wishes to enter this agreement in order to promote and market The Company.
The AFFILIATE will use its best efforts and shall devote reasonable amounts of its time, personnel and resources to (a) promote and market, within such territory as specified by The Company, in its sole discretion, and communicated to the AFFILIATE via e-mail ("Jurisdiction"), investment services with respect to which the AFFILIATE has or will have a marketing arrangement (the "Services"), and (b) identify for The Company’s prospective users of the services within the Jurisdiction to which the AFFILIATE has actively promoted the Services (each, a "Lead"). In no event shall the AFFILIATE engage in any marketing or promotional activity related to The Company in any area, location or territory outside of the Jurisdiction. In no event shall the AFFILIATE engage in any offline marketing or promotional activity related to The Company.
Wrongful Practices- in the performance of its obligations according to this agreement, the AFFILIATE shall not engage in any wrongful prohibited practices with respect to The Company. Prohibited affiliate practices include but not limited to; (1) image cookie stuffing, (2) forced cookie stuffing, (3) use of coupons, (4) typo squatting, (5) use of bots, (6) use of other websites not authorized by The Company, (7) use of cash back websites, (8) use of incentive websites (toolbar/adware)(9) no brand bidding or any other affiliate activity that is considered by The Company, in its discretion, as wrongful or fraudulent.
Affiliate Earnings & Payments
Please take note that credit shall not be issued to any affiliate.
On joining this affiliate program your account will be set to our default commission of $125 CPA.
Should you choose a net revenue share program, your account will be set to 20% of net revenue raising to 50% based upon your performance but subject to achieving new Qualified Accounts in any 3 month period where failure to do so will result in a base commission rate of 15% of net revenue.
Should you elect to receive CPA instead your earnings are per trader subject to actual trading for real money after deposit without chargeback, where withdrawal without trading or disproportionate chargeback by affiliate's referred players, may at COMPANY's discretion disqualify entitlement to CPA earnings.
Your affiliate earnings are personal to you and you shall have no claim to affiliate earnings or other compensation on business secured by or through persons or entities other than you. You cannot withdraw payments for or on behalf of another third party.
COMPANY reserves the right to change any affiliate earnings structure (or any part thereof) from time to time, for any reason it deems fit.
Payment will be made by wire, NETeller, player account transfer, or any other method as we in our sole discretion decide; however, we will use reasonable endeavors to accommodate your preferred payment method.
Any charges for conversion, processing and delivering payment to you will be deducted from your affiliate earnings. For the avoidance of doubt, we have no liability to pay any currency conversion charges or any charges associated with the transfer of monies to your designated account.
In the event that we determine any activity to constitute fraud traffic, or to otherwise be in contravention of this agreement, then in our sole discretion we may: (i) pay the affiliate earnings in full, (ii) recalculate them in light of such suspected fraud traffic or contravention, (iii) delay payment of the affiliate earnings while we investigate and verify the relevant transactions or (iv) forfeit your affiliate earnings.
If you disagree with the reports or amount payable, do NOT request or accept payment for such amount and immediately send us written notice of your dispute. Further, deposit of payment check, acceptance of payment transfer or acceptance of other payment from us by you will be deemed full and final settlement. Notwithstanding the foregoing, if any overpayment is made in the calculation of your affiliate earnings, we reserve the right to correct such calculation at any time and to reclaim from you any overpayment made by us to you.
Payment shall be processed before the 20th of the following month in which the traffic was generated. If we suspect the terms and conditions have been breached or the occurrence of fraud traffic, the payment request may be held over for investigation and your account frozen until we can validate that there has been no breach of these terms and conditions. If your account remains frozen as a consequence of this clause for a continuous period of 180 days then in the absence of: satisfactory explanation; or evidence to prove legitimate dealings, funds remaining in your account will be removed and your account closed.
You shall comply with all applicable laws and any policy notified by us through our site or otherwise in relation to money laundering and/or suspicious transactions.
All affiliates shall be responsible for paying such taxes on their affiliate earnings under the laws applicable to them.
If you wish to offer any incentives to potential traders, you are required by us to receive prior written approval before commencing any such activity. In the event that you do not receive such approval but offer such incentives, we reserve the right to cancel your participation in the program, and refuse payment of any previously earned, but unpaid, commissions.
Commission due to Affiliate at the end of each month can never be negative. All negative amounts will be zeroed out.
Due to strict anti money laundering requirements we require one or more forms of documentation to verify your identity before we can make a first payment out to you. If for a continuous period of 180 days from our request for this verification documentation, we have still not received the same from you then the funds remaining in your account will become dormant. Upon becoming dormant we will issue a warning advising that the funds remaining in your account will be removed if the necessary verification document is not received within the following 90 days, funds remaining in your account will be removed and your account closed.
In the case of CPA deals, if we do not receive any traffic for a continuous period of 180 days, your account will become dormant. We will issue a warning advising that the funds remaining in your account will be removed and if no new traffic is sent within the following 90 days funds remaining in your account will be removed and your account closed.
Where the arrangement is based on a Revenue Share, if no gaming revenue is generated for a continuous period of 180 days, your account will become dormant. We will issue a warning advising that the funds remaining in your account will be removed and if no new traffic is sent within the following 90 days funds remaining in your account will be removed and your account closed.
If funds remain in your account for a continuous period of 180 days with no withdrawals during that time then your account shall be deemed dormant at which point funds remaining in your account will be removed.
The AFFILIATE assures that it will show the necessary skill, interest, and high level of professionalism so as to satisfactorily fulfill his obligations arising under the Agreement. It is understood that the AFFILIATE shall undertake all necessary steps so as the Confidentiality obligations arising under this Agreement, to be extended to all employees, agents and/or representatives of the AFFILIATE.
The Company and the AFFILIATE acknowledge that the relationship created between them by this Agreement or between The Company and any officer or employee of the AFFILIATE is not as employer and employee, agents, partners, or joint ventures. The AFFILIATE agrees that he is not authorized to enter into any agreement or obligation for on behalf of the Company.
For the purposes of this Agreement “client” means a Lead of the AFFILIATE converted by The Company unless otherwise stated.
The AFFILIATE’s fee will be exclusively paid by The Company and will not be added to the Client’s fees or charges owed by the Client to the Company.
The Company will not be responsible for any costs and/or expenses the AFFILIATE may incur by the implementation of the present Agreement.
The AFFILIATE shall not act as an agent or Appointed Representative of The Company or hold himself out as having any authority to do so or give or accept any commitment guarantee of obligation for or on behalf of the Company.
The AFFILIATE shall not give any advice or make any recommendation on behalf of the Company.
The Company will have no liability to the AFFILIATE’s clients or to the AFFILIATE for any advice, decision or recommendation given or made by the AFFILIATE to his clients and the AFFILIATE will indemnify The Company for any loss or liability arising from any such advice, recommendation or decision or from any delay, default or neglect by the AFFILIATE in relation to any customer services he provides to his clients.
The AFFILIATE will not advertise or circulate written information concerning The Company without the Company’s express written prior approval and the AFFILIATE will be responsible for the cost of such approved advertising.
Any exchange of money regarding a client’s account will be made directly from The Company to the client or from the client to the Company.
The Company and the AFFILIATE acknowledge that this Agreement confers no exclusive right upon either party to the services of the other party. Neither party shall be precluded by this Agreement from entering into the same or similar agreements with other parties.
Term and Termination and Consequences
This agreement will take effect when you indicate your acceptance of these terms and conditions on the affiliate sign up form and continues until terminated in accordance with the terms of this agreement.
You may terminate this agreement, with or without cause, immediately upon written notice to us. You can send this written notice via email, with 'Termination' in the subject line, to email@example.com
We may terminate this agreement, without cause at any time, upon written notice to you. We may send such written notice via email to such email address or by fax to such fax number, you have provided to us in the affiliate sign up form.
In the event of termination occurring, for any reason, the Company’s dealings with the AFFILIATE ceases and the AFFILIATE will return to The Company all documents, brochures and any other material in his possession relating to the AFFILIATE Services. It is also understood and accepted that the AFFILIATE’s confidentiality shall survive any termination.
All conditions of the present Agreement are essential and any breach of any of these conditions from whatever party, gives right to the innocent party to terminate the present Agreement without notice and to claim from the culpable party compensation for any damages that will be suffered due to such breach, as well as expenses and interest.
Whatever warning or notification or letter etc based on the present Agreement shall be given in writing sent by a registered post letter, by a personal delivery, fax or email to the receiver to the last known address and shall deemed to be received normally, 72 hours after its mailing in a case of a letter and immediately in all other cases The Company and AFFILIATE assume no responsibilities or liability for the success or failure of AFFILIATE’s clients’ trading decisions.
This Agreement shall be assignable by The Company and shall be binding upon the parties hereto, their heirs, respective legal representatives, successors and assignees.
This Agreement is governed by Cypriot law and all disputes arising from it shall be referred to the Courts of Cyprus for resolution.
If any provision is found unenforceable, then this Agreement shall be enforced and construed as if the invalid portion did not exist.