Failure is a man who has not learnt from his blunders, if you are able to cash in on that experience you are on the path to success Jay Lakhani (Forex Trader)
This Agreement contains the complete terms and conditions
that apply to an individual's or entity's participation
in the Bindal FX Affiliate Program
This confirms the terms and conditions of our agreement
for you to be an affiliate ("Affiliate") of
the Bindal FX affiliate program ("program")
for marketing the products/services of Bindal FX ("Products/Services")
over the Internet in return for a commission ("Agreement"),
from sales generated over the website.
Enrolment in the Program To begin the enrolment process, you will submit
a complete application via our site. We will evaluate
your application in good faith and will notify you
of your acceptance or rejection. We may reject your
application if we determine (at our sole discretion)
that your site is unsuitable for the Program.
Unsuitable sites include those that
Promote sexually explicit materials
Promote violence
Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age
Promote illegal activities
Otherwise violate intellectual property rights
Abuse our terms and conditions
Links on Your Site Once you have been notified that your site has
been accepted into the Program, you must provide on
your site links to our site. We will provide you with
guidelines and graphical artwork to use in linking
to our sites which you will display prominently on
your site and as many times elsewhere on your web
pages to attract visitors. You will only earn referral
fees with respect to activity on our site occurring
directly through such special links.
Misrepresent You must not misrepresent the relationship between
you and us nor create the impression that Affiliate
website is us or part of us.
Referral Fee (Commissions) You will earn referral fees based on qualifying
revenues established by us. "qualifying revenues"
are revenues derived by us from our sales of qualifying
accounts, excluding costs for service charges, credit
card processing fees, and bad debt. The current referral
fee percentage is 20% of Qualifying Revenues from
account sales referred by you. Qualifying period is
90 days of initial registration taking place from
a member of the site.
Referral Fee Payment We will pay you referral fees on a Quarterly basis.
Approximately 30 days following the end of each quarter,.
However, if the referral fees payable to you for any
calendar month are less than £100.00, we will
defer those referral fees until the total amount due
is at least £100.00. Your commission will be
paid via Paypal, so you will need to have a Paypal
account.
Policies and Pricing We may change our policies and operating procedures
at any time. For example, we will determine the prices
to be charged for accounts sold under this Program
in accordance with our own pricing policies. Account
prices and availability may vary from time to time.
Identifying Yourself as an Affiliate We grant you a non-exclusive, non-transferable,
royalty-free, revocable right to use the images and
text described above solely to identify yourself as
an Affiliate Website to the program and to assist
in generating product/service sales. You may not alter
or modify any of the images or text in any way. We
reserve all of our rights in the images, trade names,
trademarks and all other intellectual property rights.
This licence may be revoked at any time by giving
you prior written notice or on termination of this
Agreement for any reason whatsoever.
Responsibility for Your Site You will be solely responsible for the development,
operation, and maintenance of the Affiliate Website
(including all related equipment) and for all materials
appearing on it including the links. You will also
be solely responsible for ensuring that materials
posted on it do not violate or infringe upon the rights
of any third party, (including, for example, copyrights,
trademarks, privacy, or other personal or proprietary
rights) and are not libellous or otherwise illegal.
We hereby disclaim all liability for these matters
and you agree to indemnify and hold us harmless from
any and all claims, damages, and expenses, relating
to the above.
Term of the Agreement The term of this Agreement shall be for a period
of one year from the date this Agreement is accepted
and signed by us ("Initial Term"). The Initial
Term will be renewed automatically for successive
periods of one year ("Renewal Term") unless
this Agreement is terminated. This Agreement may only
be terminated with or without cause by either party
giving 30 days written notice to the other party by
email. Notice will be sent to the email address in
the application unless the parties give notice otherwise.
Upon termination of this Agreement for any reason,
you will cease to use our logos, images or text (including
the Links) and terminate your link to the Website.
Commission will only be payable on sales confirmed
prior to the date of notice of termination which are
consumed. Any final payment may be withheld for a
reasonable time to ensure compliance with the terms
and conditions of this Agreement.
Modification We may modify any of the terms and conditions
of this Agreement at any time and in our sole discretion
by posting a notice of change and the Agreement as
modified on the Website. We will also make commercially
reasonable efforts to notify you of such changes prior
to implementation. If any modification is unacceptable
to you, you agree that your only recourse is to terminate
this Agreement. Your continued participation in the
programme following our posting of a notice of change
and modified Agreement on the Website will constitute
binding acceptance by you of the change.
Relationship of Parties You and we are independent contractors, and nothing
in this Agreement will create any partnership, joint
venture, agency, franchise, sales representative,
or employment relationship between the parties. You
will have no authority to make or accept any offers
or representations on our behalf. You will not make
any statement, whether on your site or otherwise,
that reasonably would contradict anything in this
Section.
Limitation of Liability We will not be liable for indirect, special, or
consequential damages (or any loss of revenue, profits,
or data) arising in connection with this Agreement
or the Program, even if we have been advised of the
possibility of such damages. Further, our aggregate
liability arising with respect to this Agreement and
the Program will not exceed the total referral fees
paid or payable to you under this Agreement.
Disclaimers We make no express or implied warranties or representations
with respect to the Program or any products sold through
the Program (including, without limitation, warranties
of fitness, merchantability, non infringement, or
any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition,
we make no representation that the operation of our
site will be uninterrupted or error-free, and we will
not be liable for the consequences of any interruptions
or errors.
Acknowledgement You acknowledge that you have read this agreement
and agree to all its terms and conditions. You also
understand that we may at any time (directly or indirectly)
solicit customer referrals on terms that may differ
from those contained in this agreement. You have independently
evaluated the desirability of participating in the
program and are not relying on an representation,
guarantee or statement other than set forth in this
agreement.
This Agreement will be governed by and construed
in accordance with English law and both parties
agree to submit to the exclusive jurisdiction of
the English courts as regards any claim or matter
relating to this Agreement regardless of conflict
of law and any other mandatory legal provisions.
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