This Affiliate Agreement (the “Agreement”) is entered by and between Aivisor LTD (hereinafter referred to as the “Company”) and a natural or legal person, who has opened a partner account with the Company (hereinafter referred to as the “Partner”). The Company and the Partner are sometimes referred to herein individually as a “Party” and collectively as the “Parties". By submitting the application form for a partner account opening, the Partner agrees and confirms that all terms and conditions of this Agreement have been read, understood and accepted in full. This Agreement comes into force on the date when a partner account is opened.IF YOU DO NOT AGREE TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AFFILIATE AGREEMENT, PLEASE REFUSE TO PROMOTE THE COMPANY’S WEBSITE AND TO ATTRACT CLIENTS TO THE COMPANY.Subject of the Agreement
In accordance with the terms and conditions of this Agreement, the Partner undertakes the responsibility to search and attract clients to open trading accounts with the Company. The Company undertakes the responsibility to pay for the Partner's services on the terms and conditions set out in this Agreement.Partner Account Registration
In order to open a partner account with the Company, the Partner has to complete and submit an online application at:All partner accounts are denominated in USD, therefore all commissions are accrued and paid out in USD. At its sole discretion, the Company reserves the right to reject the Partner’s application for any reason and without providing any further detail as to the reason(s) of the application rejection. Natural or legal persons being citizens or residents of any of the sanctioned countries are not eligible to participate in the Affiliate Program of the Company.
In case the Affiliate is a legal entity, they should also provide the following documents to the Company for its registration by sending an email to email@example.com
- Certificate of incorporation
- Certificate of shareholders
- Certificate of directors
- Recent certificate of incumbency listing (1, 2 and 3) can be accepted instead of the above
- Certificate of good standing (only applicable to corporations established more than 12 months ago)
- Memorandum and articles of association
- POA of a legal entity issued within the last 3 months - this period can be extended to 6 months maximum at the discretion of the Company
- POI and POA (issued within the last 3 months) for all directors, beneficial owners, shareholders with a 10% share or more and authorized signatories of a legal entity
The Partner has the responsibility to:
Company’s Rights and Responsibilities
- Provide reliable, accurate and relevant personal details in the application form, as well as copies of the required identification documents
- Immediately notify the Company in the event of any changes in the personal data previously provided
- Have knowledge about financial markets in general and services provided by the Company
- Ensure confidentiality of all information obtained through the Affiliate Program
- Immediately inform the Company about all the facts or circumstances that become known to the Partner and may lead to adverse effects to the Company’s reputation or financial stability
- Promptly provide the Company with any additional information or documents that might be required in order to comply with applicable laws and regulations
The Company has the right to:
- Monitor the Partner's activities and marketing methods
- At its sole discretion accept or decline any client referred by the Partner;
- Cancel completely or partially the Partner's commissions for transactions performed by the clients referred through the affiliate program if:
- referred clients requested chargebacks from the Company
- the quality of the traffic directed by the Partner is not high
- trading accounts of the referred clients have been blocked due to the violations of the terms and conditions of the Client Agreement
- the Company bears the excess costs and expenses (payment for the traffic, settlement of tracking systems fees, etc.) related to the low-quality traffic directed by the Partner.
4. Close the partner account and cancel all commissions accrued if:
- the Company suspects or has reasons to believe that a referred client has abused the trading account or acted in bad faith
- the Company, at its sole discretion, determines that the Partner uses the partner account for any illegal, fraudulent or suspicious schemes
- the Partner violates the terms and conditions of this Agreement.
The Company has the responsibility to:
Limitation of Liability
- Provide comprehensive information support to the Partner
- Open trading accounts with the Company for the clients referred by the Partner in accordance with the Company’s Client Acceptance Policy
- Pay for the Partner’s services in accordance with the terms and conditions of this Agreement
- Promptly inform the Partner if there are any significant changes in the Company’s operations
- Ensure that the Partner’s personal data has been collected, processed, and held in accordance with applicable Data Protection laws.
Under no circumstances will the Company be held liable for any:
Commissions and Payment Terms
- Act, committed by the Partner, that violates the terms and conditions of this Agreement or exceeds the authority granted by the Company to the Partner under this Agreement
- Immaterial (moral) damages incurred by the Partner
- Damages or losses caused by the Partner to any third party
- Advice or recommendation provided by the Partner to the referred client
- Costs or charges related to marketing or promotions initiated by the Partner.
The Partner will be entitled to receive the commissions only if:
- The referred clients have been verified by the Company and real trading accounts have been opened with the Company
- The Partner has referred at least 5 active clients (for the revenue share model)
- The Partner has referred at least 10 active clients (for the cost per action first time deposit model).
Commission defined by this Agreement is the only type of commission the Partner is entitled to receive and the Partner cannot claim any other commission unless otherwise agreed between the Parties in writing. The Partner’s commission is calculated and accrued based on described model:Revenue Sharing Model
The Partner’s commission might constitute up to 60% from the Company’s revenue generated by the referred clients for the life of their trading accounts. The Company, at its sole discretion, reserves the right to recalculate or withhold the Partner's commissions from the day of a partner account opening due to low quality leads. The Partner acknowledges and accepts that such actions shall not give rise to any claim whatsoever against the Company.Marketing and Promotion Restrictions
- You must not use misleading advertising. You cannot guarantee profits in advertising materials and must also mention risks.
- All marketing materials must use accurate and current information. Please follow our news and make timely updates.
- In text and promotional materials (ratings, reviews, banners, bandings, videos, etc.) you should add a warning about the risks of trading.
- It is forbidden to present affiliate sites, blogs and applications as official Finrooms sites. It's also forbidden to use a misspelled brand name or combinations of the brand name with the words "broker", "trading", "investing", etc.
- You may not use the Finrooms brand name or any misspelled brand name as the name of the developer of your app. It is also prohibited to use a misspelled brand name or combinations of the brand name with the words "broker," "trading," "investing," etc.
- Do not register and/or use domain names that include the Finrooms brand name and any derivative or misspelled forms that may mislead the user by giving the impression of official Finrooms sites.
- It must be clear to visitors that your site/blog/application is not an official Finrooms site. This should be made clear on the first screen of the home page in a font no smaller than the main font used on that page.
- You may only place advertising applications on marketplaces or listings in India and Brazil.
- You may not make promises or warranties on behalf of Finrooms.
- You may only use materials presented in your personal affiliate account or materials that you have agreed upon with your personal affiliate program manager.
- When comparing Finrooms with other brokers and financial instruments, you must provide only accurate information
- It is forbidden to use any ways to induce potential clients to make a deposit or use in trading an amount greater than it was planned at account opening, in cases when partner has contact with potential clients before account opening.
- The use of words such as "winning, betting, easy earnings" is prohibited, as they can mislead a potential client and reflect negatively on the Finrooms brand. Also, you can't claim in your marketing materials that trading binary options is "easy, simple, fun" etc. You can't position trading on Finrooms "as an easy source of money/guaranteed income," etc. Do not make other unsubstantiated or misleading statements.
- If you state an expected profit percentage in your marketing materials, you need to state that this is the "expected profit percentage on successful completion of the trade."
- All marketing materials should be targeted to an 18+ audience
- Marketing materials should only use current promotions and bonuses presented on the platform.
- Partners are not allowed to financially motivate clients to make a deposit
- It is forbidden to insult people or other brands on any grounds in marketing materials.
- The use of images of famous personalities, symbols and terms without their written consent is prohibited. The use of images of any religion is also forbidden.
- It is forbidden to use fake documents/statements from the bank in marketing materials that demonstrate the impossible profitability of trading on the platform
- Marketing materials may not infringe on the copyrights or intellectual property of Finrooms or a third party
- It is forbidden to guarantee profits in any marketing materials, as well as advertising strategies or schemes that guarantee profits. It is also prohibited to guarantee a profit percentage.
- It is forbidden to encourage in marketing materials to continue trading to cover losses from previous transactions
- The use of superlative words such as "the best," "the easiest," "the most profitable," etc. in marketing materials is prohibited.
- It is prohibited to mention or use imagery in marketing materials: violence, armed men, war, political, social, and racial conflicts
- Marketing materials targeted at India are prohibited from depicting and/or mentioning:
- Cows, snakes, monkeys, elephants and/or other animals
- The caste system and India's overpopulation problems
- Obsolete Indian banknotes
- Images of the gods of the Hindu pantheon
- The gesture of displaying language as it has a negative connotation in the local culture
27.Marketing materials targeted at Brazil are prohibited from depicting and/or mentioning:
- The hand-drawn "OK" sign as it has a negative connotation
- The "goat" sign (rock ON!), shown by hand, as it has a negative meaning in the local culture
- The gesture of showing your tongue as it has a negative connotation in the local culture.
**Your affiliate account may be blocked and funds frozen if your marketing policy is violated.Taxes
The Affiliate is fully liable for the execution of all the requirements of the tax legislation that may be applicable to the Affiliate Remuneration. The affiliate also agrees that the Company may provide information about the Affiliate Remuneration for any public authorities and government agencies as required by applicable laws and regulations. Under no circumstances does the Company assume responsibility for the Affiliate’s calculation and payment of all taxes and incomes provided according to this Affiliate Agreement. Under no circumstances does the Company act as a revenue agent of the Affiliates and withhold taxes of the Affiliates that are to be paid.Age
To participate in the Program, the Affiliate must be at least 18 years old, if an older age of majority is not established by the laws of the Affiliate residence. The Affiliate has no right to target its advertising activity on any person under the age of 18 or under the age of majority stipulated on the territory of the Affiliate's activity.Termination
This Agreement may be terminated by either Party by notifying the other Party in writing no less than five business days prior to the termination. The Company reserves the right to terminate this Agreement if the Partner refers less than 10 clients within 12 months from the date of the partner account opening.
Upon termination of this Agreement, the Partner
must return to the Company all materials used to promote the Company’s business. Furthermore, upon termination of this Agreement, the Partner must immediately remove any Company’s materials available on the Partner’s website (if any).
Upon termination of this Agreement, the Company
must pay the Partner any commissions due, provided that the Partner’s commissions have been generated in accordance with the terms and conditions of this Agreement. The Company reserves the right to immediately terminate this Agreement if the Partner has breached the terms and conditions of this Agreement.Communication
The Partner must send any communication to the Company in writing by e-mail:
All communication between the Company and the Partner must be in English.Disputes and Complaints
Should any dispute or disagreement arise in connection with this Agreement, the Parties shall exert every effort to settle such disputes and disagreements through negotiations. All complaints must be sent by the Partner to the Company using the following email:
All received complaints shall be acknowledged and investigated by the Company within 10 working days. Complaints about the terms and conditions of the Company’s Affiliate Program will be neither accepted nor investigated.Applicable Law
This Agreement is concluded in accordance with the laws of Saint Vincent and the Grenadines. All disputes or disagreements not settled by the Parties through negotiations shall be referred to arbitration in Saint Vincent and the Grenadines, unless otherwise agreed by the Parties.
This Agreement is an electronic document and does not require to be signed by the Parties.
The Partners is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Partner and the Company. The Partner does not have any authority to make or accept any offers or representations on behalf of the Company.
This Agreement represents the entire agreement between the Company and the Partner, and shall supersede all prior oral or written agreements and communications between the Parties. The section headings of this Agreement are for convenience of reference only and shall not be deemed to alter or affect any provision hereof.
This Agreement may be amended by the Company from time to time. In such event, the Company will notify the Partner by email. Any changes to this Agreement will apply to all transactions performed after the date on which the changes become effective. If the Partner does not wish to accept the changes made by the Company, the Partner has the right to terminate this Agreement.