1. This Agreement is concluded between company Seymour BV. (hereinafter “Company”) on the one part and the person (individual or legal entity), who has opened an affiliate account (hereinafter “Affiliate”) on the other part. The company is registered at the following address: Chuchubiweg 17, Netherlands Antilles (Curacao).
  2. The Parties agree, that the place of the conclusion of this Agreement is the place of registration of the Company, namely the Netherlands Antilles (Curacao).
  3. Object of this Affiliate Agreement
    1. Affiliate undertakes to distribute information about services (including marketing materials) provided by the Company and companies of its group, and the Company undertakes to pay commission to the Affiliate in compliance with the terms, established in this Affiliate Agreement.
    2. A substantial provision of this Affiliate Agreement is the distribution of information by the Affiliate in compliance with the provision of this Affiliate Agreement and instructions, received from representatives of the Company.
  4. Account registration
    1. In order to register an account the Affiliate should send request to: [email protected]
    2. The Affiliate accepts the terms of this Agreement.
  5. Payment procedure
    1. The comission may not be higher than the individually negotiated percent rate of total customer deposit amount.
    2. The account currency is USD, all affiliate commissions are paid in USD,
    3. In order to receive the payment the Affiliate is to have no less than 5 active traders over the period of affiliation. All accumulated funds on your balance will be remunerated on the next date of payment after you have reached the number of 5 active traders affiliated with your account. The minimum commission payment is $10.
    4. Commission is paid once a month.
      -Within 3 work-days after the 10th of each month
  6. Authority and liabilities of the Parties.
    1. The Company bears no responsibility for the activity or inactivity of the Affiliate.
    2. The Company bears no responsibility for failure to fulfill its obligations due to disruptions of communication lines, technical problems of the Internet-provider and other technical problems.
    3. The Affiliate is responsible for the safety of passwords and payment information.
    4. The Affiliate guarantees that all personal information is true, accurate and up to date.
    5. The Affiliate guarantees that he uses all sources of traffic, specified in personal information, and undertakes to report about his activities on web-sites and blogs for the mandatory moderation procedure.
    6. Actions of the Affiliate in compliance with this Agreement do not violate laws, legal acts and other rules and regulations, applicable to the Affiliate or within the jurisdiction of the Affiliate.
    7. The Affiliate is responsible for the payment of taxes he is subject to in the state of his tax residency.
  7. The Affiliate undertakes to:
    1. Provide exclusively true, accurate, clear and up to date information on his websites and in marketing advertisements/publications and other sources.
    2. Clearly identify his web-site/blog for the visitor as an unofficial web-site of the eXbino (Seymour BV company). This is to be clearly indicated on the first screen of the home page in a font that is not smaller than the main font of the page.
    3. Only use promo-materials provided in the personal account of the affiliate program for marketing purposes; regularly update them or replace with up to date upon request of representatives of the affiliate program;
    4. Use the warning about risks in case of describing potential profit of the client. The warning about risks is presented in clear bold font in a box and is located not lower than legal/contact information. Examples of disclaimers about risks can be provided by the personal manager;
    5. Equally describe advantages and drawbacks of the financial instrument;
    6. Not give guarantees or make promises on behalf of the Company;
    7. Indicate Company’s licenses exclusively as a fact, rather than in terms of approval of the Company’s activity;
    8. In case of comparison with another service/broker to use only true information and indicate reliable sources;
    9. In case of demonstration of behavior of one of the assets and trading with it, indicate precise time of such behavior and clearly define that that information belongs to the past and may not bring the same results in present or future;
    10. In case of using any information for forecasting future behavior of financial instruments base exclusively on verified information and warn users about the fact that such forecasts are not a reliable indicator and not a guarantee of profit;
    11. Free the Company of responsibility and/or sanctions applicable to the Company in relation to the failure of the Affiliate to fulfill his tax obligations.
  8. Affiliate is prohibited from:
    1. Using spam of any kind for attracting clients;
    2. Open trade and affiliate accounts from one IP-address and by his affiliate links, as well as allow relatives and friends to register by his links or do so himself;
    3. Use direct instant redirect from his domain to the Company’s domain;
    4. Attract traffic from countries prohibited by the Company and conduct marketing activity in the prohibited regions.
    5. Buy advertising for brand queries: exbino/exbino.com, as well as any derivatives or mistakenly spelled phrases. Please note there is a charging scheme associated with this prohibition. In case we discover an ad with brand-related keywords, affiliate has to remove/change it within 60 minutes after a warning from personal manager. At the same time we will remove all the registrations for the last 3 days from your account. In case of another such violation registrations for the last 7 days will be removed. We will have to block affiliate account third time. Use of our brand’s name is allowed in the advertisement text itself.
    6. Publish incorrect information in order to attract more clients and disorient them;
    7. Use any fraud schemes in order to receive profit from the affiliate program;
    8. Offer clients to register by Your affiliate link for a compensation or for any kind of profit;
  9. In case of violation of rules by the broker of eXbino, as well as any indications of fraud when conducting financial transaction after depositing funds to the balance of the Client, the Company reserves the right to cancel this transaction and suspend the flow of funds on the Client’s account. In this case the affiliate commission is annulled. The Company reserves the right to block Affiliate’s account in case of misuse.
  10. The Company has the right to: change, add, rename or leave unchanged any section, paragraphs and subparagraphs of this Agreement without prior notice to the Client about such changes. In case of violation of any of the Affiliate’s obligation in accordance with this Affiliate Agreement, the Company has the right to terminate the Agreement and immediately notify the Affiliate in any way without compensation of losses or making any payments, including payments for distributing information about the Company.
  11. Arbitration
    1. Claims for lost revenues will not be considered;
    2. The Company does not compensate for moral damages;
    3. All claims are to be sent via [email protected] e-mail address.
    4. Time of consideration of claims is 10 days or less;
    5. In case a dispute is not specified in this Agreement the Company makes the decision based on relevant practice;
    6. The Company and the Partner confirm that a dispute unresolved through negotiations is transferred for consideration to the courts of the Netherlands Antilles (Curacao). Relations between Parties that arise from this Affiliate Agreement are regulated by legislation of the Netherlands Antilles (Curacao).