We welcome you to ReferPartners Affiliate Program.|
This Agreement contains all Terms & Conditions that apply to partnership with ReferPartners Affiliate Program.
This agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety together with all the other Terms and Conditions of ReferPartners Affiliate Program.
The Agreement mostly deals with clarifying the operating terms of ReferPartners Affiliate Program.
Some breach & disciplinary clauses are also included. These clauses are intended to only be carried out on those extremely rare occasions where some inappropriate behavior has been committed and an affiliate is in breach of the Agreement.
ReferPartners intention is to establish a successful and permanent relationship with its Affiliates. As an affiliate if you act in within all guidelines there should be no need for us to enforce any of the provisions.
Any changes to this Agreement will be communicated to you in accordance the Agreement below. Changes to the Agreement are generally made in line with regulatory developments or if the nature of the industry environment changes.
It is important to read this document thoroughly before accepting it, we recommend that you print and save it for future reference.
If you have already joined ReferPartners please do not Sign up again without consulting your account manager.
In the event there is a conflict between this Agreement and any other additional Terms, this Agreement shall take precedence.
There are several alternative Payment Plans from which you can choose. The Payment Plan that you choose will apply to all merchants within the Affiliate Program subject to the terms of this Agreement.
This Agreement shall regulate our partnership with you in relation to the Affiliate Program.
When you accept these Terms and Conditions in the Affiliate Sign-up Form, you agree to be bound by All Terms & Conditions in this Agreement. There may be amendments made to this agreement (as per "Modification" below).
You will be sent emails on occasion updating you with Promotions and other useful Marketing information, unless you notify your account manager via email, you will be deemed to have agreed to take part in such promotion and the terms of such promotion shall be incorporated into the applicable Payment Plan and this Standard Affiliate Agreement for the duration of such promotion.
ReferPartners may modify any of the Terms of this Agreement at any time, in our sole discretion, by either; Emailing you or via the ReferPartners.com website. All modifications to the Agreement will take effect 14 (fourteen) days after the date of posting or sending of any such notice (whichever is earlier). If there are modifications in regard to fraud prevention or any kind of mistake in this agreement, changes will become effective on the date it is posted or notice has been sent (whichever is earlier). It is your responsibility to visit the ReferPartner.com website frequently to make sure you are up to date with the latest version of the Agreement and its clauses. If you find any amendments unacceptable, you may terminate your affiliation with ReferPartners. Termination is required within 14 (fourteen) days time after the amendment; otherwise it will be deemed that you accept all amendments.
Affiliate Account: Your Affiliate Account is the account you sign into. It has all your required information and is the account into which you receive payment from us.
Affiliate Amount Due: Is the amount due and payable to you. Payments are paid on a monthly basis.
Marketing Tools: Includes; banners, destination links, landing pages, charts, articles and mailers that are made available by us in your ReferPartners Affiliate Account.
Merchant: Shall mean any operator of Binary Options and/or Forex for whom ReferPartners provides affiliate program services
Trademarks: Any of Refer Partners trademarks or our merchant’s trademarks such as names. symbols, copyrights, logos, designs, or other proprietary designations or properties owned, developed, licensed or created by us/ or provided by or on behalf of us or our merchants
Brand: means “optionfair” or any other merchants brand available in the ReferPartners Affiliate Program trademark and any combination of the trademark together with other terminologies.
(a) Is any person who is attached to your Affiliate ID
(b) Hasn't been a Customer with our merchants before
(c) Has made the Minimum Required Deposit
(d) Who trades using our merchants' platform
(e) Is accepted as a Customer under any applicable sign up or identity verification procedure which we may require;
(f) Is over the age of 18
(g) Has adequately fulfilled any other qualification criteria that we may introduce from time to time. We reserve the right to modify or alter any criteria at any time by placing notice on the Site
(h) Is not located in a Restricted Territory or in a Territory our merchants do not service such as: USA
(Restricted Territory means any country which forbids the Service by law)
All deposits, revenues or traffic generated on the Services through illegal means or any other action committed in bad faith to defraud us in any way (as determined by us in our sole discretion), regardless of whether or not it actually causes us harm, including incentivized traffic, deposits generated on stolen credit cards, manipulation of the service or system, bonuses or other promotional abuse, creation of false accounts for the purpose of generating Affiliate Payment. Unauthorized use of any third-party accounts, copyrights, trademarks and any other third-party Intellectual Property Rights (including our Intellectual Property Rights) and any activity that constitutes Fraudulent Traffic.
Sending traffic through search engines (SEM, PPC Campaigns, and so on) must strictly abide by the following rule:
It is forbidden to bid, advertise, or use in any way, shape or form the keyword “optionFair”, its variations and/or spelling errors.
Failure to comply with this directive will result in the closure of the wrongdoer’s account and an immediate suspension of commission payments, present or future.
Intellectual Property Rights:
All rights to all exclusive, existing and future patents, trademarks, design rights, service marks, trade dress, trade or business names (including domain names), registered designs, copyright (including rights in computer software), moral rights, database rights, format rights and topography rights (whether or not any of these is or are registered and including applications for registration), know-how, trade secrets and rights of confidence and all rights and forms of protection throughout the world of a similar nature or with similar effect to any of these for the full unexpired period of any such rights and any extensions and/or renewals thereof.
Payment Plan: Is the payment plan you have accepted under which we pay you, Revenue Share, CPA, CPL, Hybrid.
Revenue Share: You can earn a percentage of the net revenue generated by the customers you refer to our merchants, for their entire lifetime.
Cost Per Acquisition CPA: A one-time payment for every new active customer you refer to our merchants each month.
Cost Per Lead CPL: A one-time payment for every new lead you refer to our merchants each month.
HYBRID: Hybrid deals combine both Revenue Share and CPA deals. If you want a numerical compensation per client but also believe on the long term value of your traffic, a hybrid deal can be the solution for your activity.
The minimum amount required to open a Customer Account is as indicated on each publisher's website. This amount may change from time to time. We reserve the right to change the amounts at any time by placing notice on the Site. All amounts are calculated in United States dollars and may be converted into alternative currencies as indicated on our Site at a rate determined by us in our sole discretion.
Sub-Affiliate: Is a person that you have referred with your Affiliate ID, to join ReferPartners Affiliate Program
You may refer other people to us so that they may also apply to join and become affiliated with ReferPartners Affiliate Program. If anybody successfully joins our Affiliate Program, we will pay you a percentage of what they earn, provided that you register them through your Sub Affiliate Link. You will only receive earnings for sub affiliates that comply with all applicable terms of this Agreement.
(a) You must not register yourself or any other person controlled by you as your own Sub-Affiliate
(b) You must not use false names for the registration of Sub-Affiliates
(c) You must not offer any type of enticement of money or otherwise of monetary value or otherwise to potential Sub-Affiliates unless such enticements are approved in writing by your account manager.
(d)You must not attempt to introduce any addition or variation to our terms in relation to any potential Sub-Affiliate.
Affiliate ID: Is the unique Tracking URL that we provide you with.
Tracking URL: Is a unique hyperlink or other linking tool for referencing our Sites, Merchants Sites or Services through which you refer potential Customers. When the relevant Customer opens their Customer Account, our system automatically logs the Tracking URL and records you as the Affiliate.
Site or Sites: Any of our merchants’ websites which are available for you to promote, including referpartners.com
TERMS & CONDITIONS
All information you provide must be true and correct. Under no circumstances should false information be given when completing the ReferPartners Affiliate Sign up Page. We also ask that you update any changes that may occur as soon as possible.
All trademarked names and logos and materials used in the course of activity under this agreement, by either party or both, shall remain the exclusive property of ReferPartner.
You are liable for the content and manner of such marketing activities. All such marketing activities must be professional, proper and lawful under applicable rules, regulations or laws (including any laws in relation to the content and nature of any advertising or marketing) and abide with the terms of this Agreement. You shall not yourself, nor shall you authorize, assist or encourage any third party to:
Place Marketing Materials on any online site or other medium where the content and/or material on such website or medium is potentially libelous, malicious, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or that is, in our sole discretion otherwise unsuitable.
Breaching the marketing rules as set in this Agreement is strictly forbidden.
Do not use our Marketing Tools/Materials in any manner that may potentially confuse a Customer or potential Customer/s.
You shall not post, serve or publish any advertisements, communications or promotional content promoting the Site, our merchants’ or our Services or our Trademarks around or in conjunction with the display of the Site and/or any part or page thereof (for example and without limitation through pop-up windows or pop-under windows or interstitials);
Advertise, and/or use on any search engine ads services and/or purchase, and/or register keywords, search terms or other identifiers for use in any search engines that includes the Trademarks without our prior written approval.
Offer or promote or provide by you or by any other third party any unauthorized incentives, conditions or bonuses to potential customers (financial or otherwise) without our prior written approval.
Cause any of the Sites (or any parts or pages thereof) to open in a visitor´s browser or anywhere else used for accessing the Services other than as a result of the visitor clicking on Banners or Text Links contained in or as part of any Marketing Tools.
Interference or any alterations with any of the merchants’ sites is strictly forbidden. Attempts to intercept or redirect (including via user-installed software) traffic from or on any online site or other place that participates in our Affiliate Program is strictly forbidden.
You need approval from your account manager before commencing any Offline marketing activities.
You must not use any means to promote any Site that resembles in any way the look of any of our Sites whether in whole or in part, nor utilize any such means or site to create the impression that such sites are the Sites (or any part of our Sites)
If we determine, that you have engaged in any of the previous activities, we may limiting any withhold any Affiliate Payment and/or terminate this Agreement immediately or on notice.
Marketing Tools shall not be modified or altered in any way without our prior written consent. You shall only use the Marketing Tools in accordance with the terms of this Agreement, any guidelines we provide to you on our Site or otherwise from time to time and any applicable laws.
You shall not market the Sites and/or us or our merchants’ Services or the Trademarks in any way whatsoever, unless such activities are approved in writing by us (a) on any website on which we promote any of the Sites; (b) on or through any Internet search engine on or through which we promote any of the Sites; and (c) in any other manner that may result in you competing with us in relation to the promotion of any of the Sites or (d) otherwise where we request that you cease the same.
Without prejudice, you acknowledge and agree that Trackers are for your sole use and you shall not assign or sub-license neither the Affiliate IDs nor any Marketing Tools to any third party without our prior written consent.
This marketing opportunity is for commercial use only. You shall not register as a Customer or make deposits to any Customer Account (directly or indirectly) through your Affiliate ID for your own personal use and/or the use of your relatives, friends, employees, agents or advisors, or otherwise attempt to artificially increase the Affiliate Payment payable to you or to defraud us. Violation of this provision shall be deemed to be Fraudulent Traffic.
We reserve the right to refuse service to any potential Customer and to close any Customers account, at any time, at our sole discretion. All data relating to the Customers shall remain confidential, remain our exclusive property and you have no right to this information.
You acknowledge that ReferPartners and/or its subsidiaries, related companies and licensees, own all Intellectual Property Rights comprised in any and all of the Marketing Tools, our Services, the Sites and the Trademarks. Any use of any trade mark, domain name or trade name that contains, is confusingly similar to or is comprised of the Trademarks (other than in accordance with the terms of this Agreement) without our prior written permission shall be unauthorized and further may constitute Fraud Traffic. By way of example, but without limitation, you cannot register a domain name that includes the Trademarks or texts confusingly similar to the Trademarks.
You shall agree that all use by you of the Trademarks including any use of a domain name that includes the Trademarks or texts confusingly similar to the Trademarks inures to our sole benefit and that you will not obtain any rights in the Trademarks as a result of such use. You shall not register or attempt to register any trademarks or names that contain, are confusingly similar to, or are comprised of the Trademarks. You hereby agree to transfer any domain names or trade mark application or registrations in respect of the Trademarks or domain names confusingly similar to the Trademarks you may hold or control to us upon demand. You further agree not to attack or challenge our ownership and title to the Trademarks in any way.
In case your marketing activities are not in accordance with our guidelines, we shall have the sole discretion to stop any marketing campaigns, hold pending payments and/or block your account with us immediately.
In your ReferPartners Affiliate Account you have a daily Activity Report.
Your activity is tracked and reported on a daily basis for the purpose of calculating your Affiliate
All payments are paid on a monthly basis unless otherwise stated. Your Affiliate Amount Due Balance will be paid into your chosen Payment Method on a monthly basis, generally with 15 days of the close of each month, unless otherwise stipulated. Payment will be made by any method as we in our sole discretion decide; however, we will use reasonable endeavors to accommodate your preferred payment method. Charges for wires’ commissions or courier charges will be covered by you and deducted from your Affiliate Amount Due. 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 Affiliate Account. We may impose restrictions on the frequency and amounts that can be cashed out of your Affiliate Account; this may be done for administrative convenience and/or to protect the security of your account. At our sole discretion, we may in implement a policy that if the amount due is negative in any particular month, then that negative amount will carry over and be deducted against the following month.
Minimum Payable Amount is $100. If your preferred payment method is Wire Transfer the Minimum Payable is $400. Any lower amount shall be held by us until it will reach the minimum required.
If you register personally as a customer, you will not be entitled for commissions or any other payments for any activity under your Personal Customer Account.
If we suspect any fraudulent traffic we may delay your payment for up to 180 days while the matter is being investigated. If it is found that there has been any kind of fraudulent activity your Affiliate Payment will be suspended and your account automatically terminated.
If you disagree with your activity reports or Affiliate Amount Due, or you do not accept payment for a specific amount, immediately send us written notice of your dispute.
Dispute notices must be received within 30 days of your monthly activity report or your right to dispute such report or payment will be deemed waived and you shall have no claims.
We reserve the right to correct calculations at any time and to reclaim from you any overpayment made by us to you.
You need to comply with all applicable laws and any policy notified by us through our Site or merchants in relation to money laundering and/or the proceeds of crime.
All taxes due in connection with any payments to you are your sole liability and responsibility. If Value Added Tax (VAT) or any other sales tax or turnover tax is chargeable, you are responsible for abiding with Taxation laws.
When you indicate your acceptance of these Terms & Conditions on the ReferPartners Affiliate Sign up Form this Agreement will begin take effect.
This Agreement may be terminated without cause upon written notice provided you send an email with the subject “Affiliate Account Termination” to email@example.com
You shall withdraw all monies in your Affiliate Account with 30 (thirty) days after sending your termination notice. If you do not due this with 30 (thirty) days all monies will be deemed forsaken and shall revert to us.
Your Agreement may be terminated without cause at any time, via email to the email address you have provided to us. If we terminate a specific Tracker, you will no longer receive any Affiliate Payment for the traffic emanating from that Tracker after the Tracker or your account has been terminated; however, all of your remaining Trackers will not be affected.
The minimum requirement to be entitled to CPA is to have a binary options clients’ trading volume of 20 times the CPA amount. For a forex client, trading is required to be USD volume of
10,000 times the CPA amount.
Your account will be terminated automatically if your account is inactive for 180 (one hundred and eighty) days or more.
Inactive is when you have not generated enough to meet requirements for a payment, or you have not cashed out any of your funds that have been paid to you by ReferPartners, or you haven’t referred any or new customers within 180 (one hundred and eighty) days or if you haven’t responded to any verification emails sent by us within 30 (thirty) days. All remaining funds will be reverted to us when your account is terminated automatically.
When your account is terminated you must:
(a) Stop promoting the Sites (b) Stop using and remove any of the Marketing Tools, links and the Trademarks. (c) Trackers maybe left open, redirected or deactivated at our sole discretion, with no obligation to pay you for customers. (d) If you are paid any due sums at the date of your termination, we will not be obliged to pay you any further amount.
With all admiration to the ReferPartners Affiliate Program, its sites, websites or any other products, content, services available or related to our sites, websites, system, software or hardware, network, or any that is provided to us by third parties. We make no guarantees or representations whether it is expressed or indicated by law or regulations, that it will be free of errors, uninterrupted in regard also to quality, merchantability, fitness for particular purpose or suitability of all or any of the above except as intentionally stated otherwise in the Agreement.
All guarantees, representations and implied Terms & Conditions are thus excluded to the absolute extent permitted by law.
Along with our underlying vendors, providers and Merchants we are not required to maintain redundant networks, systems/s, hardware or software.
Our sites, including websites or products, content or services available
As an Affiliate you must understand that financial trading laws vary from Country to Country, State to State and City to City. You shall warrant that you have evaluated the laws that apply to all of your future activities and that you believe that you will participate in the ReferPartners Affiliate Program without breaching any laws or rules.
All notices that belong to this Agreement will be sent to your email address that you supplied to ReferPartners.
There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under this Agreement. Neither party has the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in this Agreement.
Non-Exclusive. You understand that we may at any time (directly or indirectly), enter into marketing terms with other Affiliates on the same or different terms as those provided to you in this Agreement and that such Affiliates may be similar, and even competitive, to you. You understand that we may re-direct traffic and users from any of the Sites to any other online site that we deem appropriate in our sole discretion, without any additional compensation to you.
Confidentiality and Non Disclosure. As an Affiliate, you may receive confidential information from us, including confidential information as to our marketing plans, marketing concepts, structure and payments. This information is confidential to us and constitutes our proprietary trade secrets. You shall not disclose this information to third parties or use such information other than for the purposes of this Agreement without our prior written consent, save as expressly required by law (provided that any such disclosure is only to the extent so required).
Press. You may not issue any press release or other communication to the public with respect to this Agreement, the Trademarks or your participation in this Affiliate Network without our prior written consent.
Assignment. Except where you have received our prior written consent, you may not assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with this Agreement or any rights under this Agreement, or sub-contract any or all of your obligations under this Agreement, or purport to do any of the same. Any purported assignment in breach of this clause shall confer no rights on the purported assignee.
Governing Law. This Agreement (including any variation or modification thereto) shall be deemed executed in Cyprus and shall be governed by and construed in accordance with the laws of Cyprus without giving effect to conflicts of law principles. You irrevocably agree that, subject as provided below, the courts of Cyprus shall have exclusive jurisdiction to determine any claim, dispute or matter arising out of, or in connection with, or concerning this Agreement or its enforceability and you waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum. Nothing in this clause shall limit the right of us to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any other provision hereof.
Entire Agreement. This Agreement embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior or subsequent oral or written agreement or understanding between the parties in relation to such subject matter save in respect of modification to this Agreement provided by us to you in accordance with ReferPartners
Last modified February 22th 2012.
This Agreement is drafted in the English language. Even if Agreements are translated into any other languages, the English language text shall in any case be final