Affiliate (Master Affiliate/IB): an independent party (natural person or legal entity), who registered via www.eaglefxultra.com websites who is engaged in online advertising/marketing activities and who introduces clients to the Company platform. Client (or trader): Means any person who opens a trading account on the Company platform. Sub-Affiliate: affiliate who has been introduced to the Company by either the Master Affiliate or other affiliates and who starts referring people. Affiliate Commission: the amount paid at the end of each month or payable to the Affiliate by the Company in accordance with the current 5 TIER SYSTEM. Such information shall be available to the Affiliate in the Affiliate Portal. Affiliate Program: multi-tier structure with 5 levels, where affiliates promote the Company brand in compliance with the present Agreement by using a unique affiliate link. Affiliate Link: a unique link that assists in identifying the Affiliate’s activities and calculates the Affiliate’s monthly commission.
2.1. This “Terms & Conditions” document determines all actions related to the advertising options affiliates have and are bound by.
2.2. The current Agreement is non-negotiable and has priority over any other arrangements, agreements, express or implied statements made by EagleFX, unless determined otherwise.
3.1. During the term of this Agreement, You agree to fulfill the
following obligations:
3.1.1. To comply with the terms and conditions of this Agreement, which
can be changed from time to time.
3.1.2. To act in good faith and conduct the Affiliate’s
activities in a professional and proper manner and in full compliance with
this Agreement. 3.1.3. The Affiliate, in order to participate in the
Affiliate Program, must be over 18 years of age.
3.1.4. Neither the Affiliate or any Sub-Affiliate, shall create an
additional or secondary account and subsequently they shall not be entitled
to receive any further commission and or any other Compensation.
3.1.5. The Affiliate shall not misrepresent the company in any
way or any potential clients. 3.1.6. Affiliate must provide
true and complete up to date information to the Company, as this may
be requested at any time, about itself and its activities and about any
referred traders in order for the Company’s account managers to communicate
effectively. 3.1.7. It is agreed that throughout this Agreement, the
Affiliate must act in good faith at all times. The Affiliate must
not make any false and/or misleading representations or statements
with respect to the Company or engage in any other practices which may
adversely affect the image, credibility or reputation of the Company.
It is further agreed that throughout this Agreement the Affiliate’s website,
to the extent the Affiliate operates through a website,
shall not be engaged, directly or indirectly,
in activities that the Company,
considers to be illegal, offensive, unfair or otherwise adverse to the
reputation
of the Company’s websites, including without limitation, to:
(i) promoting sexually explicit materials, violence, discrimination
of any kind or (ii) violating any intellectual property or other
proprietary rights of any third party or (iii) having defamatory or
harassing and untruthful 0r damaging comments and statements about the
companys activities and business dealings or (iv) containing or
promoting any content that is illegal, violent, hate-oriented, pornographic,
or (v) engaging in any illegal activity of any type, including but
not limited to, displaying illegal content offering any illegal goods or
services though the Affiliates’ website, (vi) violating the Company’s
intellectual property rights or (vii) not clearly making available an
online privacy policy to visitors of its website or, (viii) opening
an account on behalf of any potential client including associates, family or
friends, completing any kind of questionnaire, or form provided by the
Company. 3.1.8. You must not transmit to or in any way,
whether directly or indirectly, expose the company's website, content,
platform and any other of our property to
any computer virus or other similarly harmful or malicious material,
virus or device. 3.1.9. You shall promptly inform the Company of any information or
acts of a third party that has become known to You that could potentially
harm the Company. 3.1.10. Fraud Traffic: should the Company
determine that an Affiliate is involved, whether directly or indirectly, in
any fraudulent, manipulative or otherwise illegal activity,
regardless of whether or not it actually causes harm to the Company, the
Affiliate’s account will be immediately blocked, with
no compensation to the Affiliate. Fraud Traffic includes, but is not
limited to,
false advertising, spam, deposits generated by stolen credit cards,
manipulation of the service, 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. 3.1.11. You acknowledge that you are
not allowed to register a business that includes the wording
“EagleFX” in any part of its name. You cannot use or register a
domain name or keywords, search terms or other identifiers for your
activities with the name of EagleFX or similar name which may cause any
confusion. Should you infringe the aforementioned, it will be considered as
a material breach as per clause 7.2. of this Agreement.
3.2. Account Suspension
3.2.1. Should the Affiliate fail to provide genuine contact
details, or is not responding to requests from their account manager, the
Company retains the right to terminate this Agreement or promptlysuspend the Affiliate account.
3.2.2. During the suspended period, the Commission plan will be
changed accordingly, the Affiliate’s clients will stay in the Affiliate’s
account, but the suspended Affiliate will not earn any pending
commission generated during the suspension time.
3.3. Marketing Material
3.3.1. The Affiliate’s marketing materials/ communications shall
comply with the guidelines as provided by the Company and the
restrictions stated herein.
3.3.2. The Affiliate is required to obtain a
written approval by the Company prior to uploading any information
and/or any marketing material relating to the Company website and its
services.
3.3.3. The Affiliate shall not be allowed to modify any of the
marketing material provided by EagleFX. In the event, the Affiliate intends
to amend any information and/or marketing material that was initially
approved by the Company, the Affiliate
must obtain a new approval before it proceeds with such amendments.
3.3.4. For the marketing materials to be used properly it is Your
responsibility to maintain Your website and
any marketing and promotional material that the Company provides You,
up to date, at all times. If You systematically breach such
obligation, the Company may suspend or terminate this cooperation with You.
3.3.5. The Affiliate shall
not use any kind of unfair publicity in promoting its activities and
Company’s activity. In particular, Affiliate shall not use: active
SEO systems; advertising on immoral websites;
advertising based on deliberate distortion of the description of
services offered, as well as intentional concealment from clients of the risks and
information about the services offered; any other types of unfair
advertising. Unfair publicity includes:
3.3.5.1. To announce false information on a purpose to attract
more clients and making deception (e.g. “start trading now and earn up to
millions of dollars in a few seconds”);
3.3.5.2. To use spam mailing to any type of client base as a
tool of client attraction, and use the name EagleFX (or part of this
name, or different variations of this name) in the signature or in the body
of a message that is not related to Company’s activity.
3.3.6. Social Media. You may promote
EagleFX on social media platforms only in accordance with the
following guidelines:
3.3.6.1. You may use or display the Affiliate Link, or otherwise
promote the Company, on your own pages or profiles; provided that you
do not violate any terms of service of the related Social Media Platform in
connection with your marketing activities.
3.3.6.2. You may
not post your Affiliate Link on the Company’s Social Media pages
or profiles in an attempt to generate qualifying transactions.
3.3.6.3. You may not create a social media account that
includes EagleFX trademark in the page name and/or user name.
3.3.7. While carrying out activities on Clients’ attraction, the
Affiliate is always and under all conditions obliged to
act exclusively in its own name and not in the Company’s name.
3.3.7.1. Google Ad options are not allowed as the
Affiliate name won’t show.
3.3.8. EagleFX reserves the right, in its sole discretion, or based
on regulatory restrictions imposed on it by Law or financial services
regulatory bodies, not to enter into or to terminate at any time, a
contractual relationship with an Affiliate.
4.1. Commission is being paid monthly,
at the end of each month. But it can also be paid upon request and
minimum amount is $10.
4.2. If it is a Public Holiday or non-working day, the payment will
take place the day before or after that non-working day.
4.3. Commission lasts for a lifetime, as long as the
affiliate’s clients are trading.
4.4. Affiliates start earning $4.00 (TIER 1), with a view to
increase this baseline figure.
4.5. The Program is a multi-tier structure with
5 levels, meaning the client will continue earning up to TIER 5.
Successfully reaching TIER 5 carries a capped, additional commission of
$1.00 potentially boosting your earning power to
$5.00 per traded lot.
4.6. No commission will be paid should the Company have
reasons to believe that the Affiliate’s activity is
in breach of this Agreement.
5.1. “Intellectual Property” means but is not limited to the
Company logos, domain names, website, copyright, know-how, client
lists, banners, creatives, literature, business strategies, tables, charts.
The Affiliate acknowledges and agrees that the Company Intellectual Property
will be used in a lawful manner and in strict compliance with all
Company’s branding guidelines.
5.2. The Affiliate agrees to display any of our Intellectual Property
and marketing material on Your websites for the sole purpose of marketing
and promoting the Company services without any manipulation or
amendment of Company Intellectual Property. Any unauthorized use or
amendment is considered as a breach of contract, in which case, the Company
retains the right to immediately terminate this Agreement with the
Affiliate.
6.1. The Affiliate hereby expressly acknowledges, agrees and
undertakes not to attempt to access any personal data in relation to
the Company’s clients.
6.2. The Affiliate expressly acknowledges, agrees and undertakes that
it shall
comply at all times with all applicable data protection laws and
regulations.
6.3. Furthermore, any potential client’s personal data is property of
the Company and You should not use or profit from it outside the
purposes and following termination of this Agreement.
6.4. You are provided with reports and statistics not to be shared
with other people when containing client’s sensitive data.
7.1. The Agreement shall commence upon Your acknowledgement and
acceptance of this document and it may be terminated by either party at any
time, with or without cause, effective immediately.
7.2. The Company reserves the right to terminate or suspend without
notice, this Agreement or any rights of the Affiliate that it may possess
under the provisions of this Agreement due to any malpractice, breach of any
provisions of this Agreement.
The Affiliate acknowledges and agrees that any and all information associated with the Company’s business including, but not limited to, the contents of this Agreement,customer lists, source codes, specific trading information, technical processes and formulas, Company’s Intellectual Property and other information regarding costs, clients, marketing and promotional material or other unpublished financial information, business plans, is confidential and proprietary information (“Confidential Information”), whether or not marked as confidential or proprietary. Each Party agrees to use the other Party’s Confidential Information solely as necessary for performing its obligations here-under. Each Party agrees that it shall take all reasonable steps, to prevent the disclosure or use of any Confidential Information.
EagleFX, ITS DIRECTORS, OFFICERS, EMPLOYEES AND RELATED ENTITIES, SHALL HAVE
NO LIABILITY FOR ANY LOSSES AND/OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE PRODUCTS, PLATFORMS,
SERVICES, THE WEBSITE, VIRUSES, SYSTEM FAILURE.
(EagleFX does not control signal power, its reception or routing via
Internet or any other means of electronic communication, configuration of
client’s equipment or reliability of its connection. Therefore, EagleFX is
not responsible for any claims, losses, damages, costs or expenses,
including attorneys’ fees, caused directly or indirectly, by any breakdown
or failure of any transmission or communication system or computer facility
belonging to EagleFX).
EagleFX cannot guarantee that the software and /
or the system that we own or we manage, on behalf of a third party, is
uninterrupted and error free or available at all times.
EAGLEFX MAKES NO WARRANTIES HEREUNDER, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. THE COMPANY FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, THAT THE COMPANY’S SERVICES OR PRODUCTS AND PLATFORMS DO NOT INFRINGE OR VIOLATE ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY IN ANY JURISDICTION. YOU UNDERSTAND AND AGREE THAT THAT THE COMPANY’S SERVICES AND PRODUCTS (INCLUDING THE PLATFORM) MAY NOT SATISFY ALL OF THE CLIENTS’ REQUIREMENTS, MAY NOT BE SUITABLE FOR ALL CLIENTS AND MAY NOT BE UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE.
You agree to indemnify, defend and hold harmless Company and the directors, officers, employees, and agents thereof (collectively, the “Indemnified Party”), with respect to any claim, demand, cause of action, debt or liability, brought by a third party, including reasonable attorneys’ fees, to the extent that such action is based upon or arises out of: (a) Your breach or alleged breach of any representation, warranty or obligation under this Agreement; (b) gross negligence or willful misconduct; or (c) any warranty, condition, representation, indemnity or guarantee relating to the Company and /or the Company’s platform granted by You to any third party.
12.1. The Affiliate hereby states the following: 12.1.1. it has and will have, at all times, the required capacity and authority to enter into this Agreement. 12.1.2. it has the required permission to provide the services, and it will promptly inform the Company in writing if there is any change. 12.1.3. it will provide the services in a professional, proper and lawful manner, in full compliance with the terms of this Agreement. 12.1.4. it shall not make any promises to Clients regarding the Company and its services. 12.1.5. it shall not make any false and/or misleading statements and any misrepresentations regarding the Company and its services. 12.1.6. The Company may at its sole discretion, accept or reject any prospective Client introduced by the Affiliate and has the right to terminate the business relationship with any Client at any time.
13.1 Amendments. The Company may modify any of the terms of this
Agreement at any time, upon its discretion. The Affiliate undertakes the
obligation to visit the website and to read the terms of the Agreement on a
regular basis.
13.2 Governing Language: This Agreement, as well as any additional
agreement or legal document or any type of document related to this
Agreement (both present and future) is made in English. Any other language
translations are provided as a convenience only. In the case of any
inconsistency or discrepancy between the original English texts and their
translation into any other language, the original versions in English shall
prevail.
Risk Warning: CFD and Spot Forex trading both come with a high degree of risk. You must be prepared to sustain a total loss of any funds deposited with us, as well as any additional losses, charges, or other costs we incur in recovering any payment from you. Given the possibility of losing more than your entire investment, speculation in certain investments should only be conducted with risk capital funds that if lost will not significantly affect your personal or institution’s financial well-being. Before deciding to trade the products offered by us, you should carefully consider your objectives, financial situation, needs and level of experience. You should also be aware of all the risks associated with trading on margin. Please read our Risk Disclosure document
© Copyright 2019 All Rights Reserved. EagleFX Ltd, 8 Copthall, Roseau
Valley 00152, The Commonwealth of Dominica.
This website is not directed at any jurisdiction and is not intended for
any use that would be contrary to local law or regulation.
