This Agreement (“Agreement”) is concluded between the Partner (hereinafter “Partner”) and “AMarkets LLC” (hereinafter “Company”).
General provisions
1.1 The Company and the Partner jointly undertake to attract Clients to the Company for the purpose of performing trading operations on instruments offered by the Company.
1.2 The Partner undertakes rights and obligations laid down in the present Agreement with regard to attraction of Clients for entering into brokerage service with the Company. The Partner also undertakes other rights and obligations hereinafter set forth. The Partner always acts solely on his own behalf.
1.3 The Partner unconditionally acknowledges that all Customers attracted are the Company’s Customers.
1.4 The Parties shall comply with provisions of this Agreement, except as otherwise provided in additional agreements.
1.5 Place of the Agreement is agreed to be the registered location of the Company.
1.6 Language.
1.6.1 The ruling language of the present Agreement is English.
1.6.2 For partners’ convenience, the Company may provide the translation of the present Agreement into another language. The function of the translation is merely informative.
1.6.3 In case of inconsistency between the English version and the translation of the present Agreement into another language, the English version shall be of prior importance.
Partner’s rights and obligations
2.1 The Partner shall Follow all articles of this Agreement.
2.2 The Partner is obliged to open an partner account with the Company for receiving commissions. To register as a Partner, an individual has to fill in the registration form at the Company’s website.
2.3 The Partner undertakes to attract only new Clients to the Company. The client shall be deemed new provided that he has not previously had a registered account with the Company.
2.4 The Partner shall provide Customers with essential reliable information relevant to entering into brokerage service contracts with the Company, give Customers explanations regarding content of the contracts and the Company’s services.
2.5 The Partner is obliged to notify a Customer of risks related to currency trading.
2.6 Providing recommendations and information to motivate a Customer to trading operations is not part of the Company’s service plan. In exceptional cases, the Company has a right to provide information, recommendations and pieces of advice to a Customer at its discretion, however the Company shall not bear responsibility for consequences of such recommendations.
2.7 The Partner undertakes to make only honest and accurate representations concerning trading operations, the Company and all other matters in his communications with potential and existing Clients. In this regard, the Partner agrees never to introduce himself as an employee of the Company.
2.8 The Partner is obliged to study all the Company’s informational resources on his own and inform Customers about important changes in time.
2.9 The Partner shall keep current the information about the Company and its services posted on the affiliate website. If unreliable or irrelevant information has been posted on the Partner’s website, the Company is entitled to ask the Partner to remove or update website information, whereas the Partner is obliged to fulfill the requirement within seven days of the Company’s request.
2.10 The Partner shall not be entitled to make any sub-agency and other agreements (contracts), which give a right to delegate Partner’s authority, in full or in part, to the third parties under the present Agreement without prior written consent of the Company. Assignment of right of demand is only possible after obtaining the Company’s consent.
2.11 Should the Partner be incapable of solving the problem of a Customer on his own, the Partner is obliged to contact the Company’s specialists with all the details necessary to solve the problem.
2.12 The Partner has a right to plan and implement marketing and advertising campaigns, provided that the Company approved the campaigns.
2.13 The Partner shall not attract Clients with the help of inadmissible means and methods, particularly fraud, deception, provision of scanty information about risks involved in investments into financial instruments, etc.
2.14 The Partner shall not use any types of improper advertising for promotion of his activity, particularly it is forbidden to use:
- active promotion systems;
- immoral (including pornographic) sites advertising;
- advertising with deliberate misrepresentation of the offered services description;
- all other types of improper advertising.
2.15 The Partner shall not use the requests at retrieval systems as instrument of soliciting Customers by using AMarkets keyword and all its optional spelling versions including usage of assonant words in any languages.
2.16 In order to attract clients the Partner has a right to use all marketing tools available in Partner’s Cabinet.
2.17. The Partner can perform deposit/withdrawal transactions in the partner account in accordance with the Customer Agreement. To withdraw remuneration to a bank account or card, the Partner must complete a full account verification. Other withdrawal methods do not require a full account verification.
2.18 In case of any problems related to business running and rendering the Company’s services, the Partner shall contact the Company with details of a problem so that the Company can consult the Partner in time on possible ways to solve it.
2.19 The Partner shall not be entitled to make settlements with Customers and to accept funds, securities or other property from Customers.
2.20 The Partner has a right to monitor efficiency of promotional campaigns through custom affiliate codes and affiliate statistics provided by the Company.
2.21 The Partner shall not use trademarks, service marks, other intellectual activity products, the sole rights to which are possessed by the Company, without the Company’s preliminary written consent. Besides Partner must not register domaine names, that contains brand name.
2.22 The Partner should not attract web traffic and/or clients from the list of restricted countries. Such registrations will not be paid for. In the case of multiple and/or systematic violations of this clause, the Company reserves the right to completely refuse to cooperate with the Partner and to block his account.
Company’s rights and obligations
3.1 The Company is obliged to open trading accounts for Customers referred by the Partner pursuant to the Public Offer Agreement.
3.2 The Company shall enable Customers to conduct trading operations in the system by providing Customers with logins and passwords.
3.3 The Company is obliged to maintain a comprehensive record of all operations made by Customers.
3.4 The Company takes responsibility to pay the Partner a partner commission in the order set forth thereby.
3.5 The Company has a right to request the Partner to provide a full report on the course and results of the Customer attraction campaigns.
3.6 The Company has the right to control the Partner’s activity concerning implementation of the Partner’s functions and responsibilities under this Agreement.
3.7 The Company has the right to amend this Agreement, as well as change the amount of partner commission, the notice about that is to be sent by the terminal’s inner messages, email, posting or by an announcement located at the Company’s site at the address, 3 business days before amendments come into effect.
3.8 If the Partner breaches or fails to fulfill any obligations under the present Agreement, the Company shall be entitled to terminate the Agreement at its sole discretion.
3.9 In the event that the Partner performs any actions that may negatively impact the Company’s business and/or cause financial damage, negative publicity or reputational risks, or if the Company detects any actions involving dishonesty, fraud or deceit in relation to the Company and/or its clients, the Company shall have the right to unilaterally refuse from fulfilling its obligations under this Agreement without prior notice to the Partner.
3.10 Under no circumstances shall the Company be liable for any actions or inaction of the Partner, as well as for any damage caused by the Partner to any third parties.
3.11 The Company has a right to perform other actions stipulated in the present Agreement and its Appendices.
3.12 The Company has the right to demand the confirmation of the client registration sources from the Partner. Shall the Partner refuse to provide this information, the Company reserves the right not to pay remuneration to the Partner.
Dispute resolution
4.1 The Partner has a right to lodge a claim with the Company within 5 working days of the date upon which the Partner became aware of any event or occurrence alleged to give rise to such a claim.
4.2 Any claim by the Client against the Company shall be emailed to the Company’s official email [email protected]. Claims made in any other way shall not be taken into consideration.
4.3 The Company has a right to request a Client/the Partner to provide any information necessary for dispute resolution.
4.4 The Company has a right to reject a claim if the provisions set out in the Agreement have not been met.
4.5 The Company is obliged to examine the Partner’s claim, deliver a decision on the dispute and email it to the Partner. Maximum period for dispute investigation is 10 working days since the date the claim was filed.
4.6 Disputes concerning interpretation or application of the present Agreement shall be settled by negotiation.
Data exchange
5.1 The Company shall contact the Partner via the following methods of communication:
- email;
- phone;
- announcement on the Company’s website;
- announcement in the Personal Account;
- other electronic means of communication set by the Company.
5.2 Any notice that is sent by the Company shall be deemed to have been received by the Partner three (3) hours after it is sent through the official communication channels.
5.3 All notifications from the Сompany will be considered accepted by a Partner, three hours after being sent via official communication channels.
Confidential information
6.1 The Partner shall not be entitled to divulge confidential information concerning the Company’s business and services to a rival third party.
6.2 The Parties shall ensure confidentiality of Customer personal and account data as well as details of trades conducted by Customers.
Affiliate payments under the Webmaster revenue model
7.1 The Company shall pay affiliate rewards to partners according to two commission models – Cost Per Lead (CPL) and Cost Per Sale (CPS).
7.1.1 Payments for qualified registrations (CPL) are made upon meeting the following requirements:
- The registered person is 18 years of age.
- The referred person has not previously been registered with AMarkets as a client.
- There is no direct affiliation with the Partner (No overlapping IP addresses, full names, contacts, or any other information indicating a direct connection between the registered individual and their partner).
- The referral’s contact details and identity have been successfully verified.
- The referral must be reachable through one of the communication channels (email, phone, messenger). Payment may be rejected if the referral fails to respond to the client department manager’s request to establish contact and undergo identity verification to exclude motivated registrations.
7.1.1.1 Payments for registrations are made upon meeting all specified conditions. The maximum verification period is 30 days from the registration date. Payment will be automatically declined if the conditions are not satisfied within this maximum verification period.
7.1.1.2 If the conversion rate (from registrations to funded accounts) is below 1% at the end of the verification period, the Company reserves the right to reject all Partner registrations and deem them to be unqualified.
7.1.1.3 Upon the Company’s request, the Partner must provide sources of web traffic and creatives (banners and advertising texts). Failure to do so may result in the Company refusing to pay remuneration to the Partner.
7.1.2 Payments for the activation of a client’s account (CPS) are made on the condition that all required criteria are met:
- The client has funded their account and completed the full verification procedure, including verification of a payment method.
- The client has generated the required trading turnover as specified on the company’s website or in the partner’s Personal Area.
7.1.2.1 Payments for deposits are made upon fulfilling all specified conditions. The maximum verification period is 180 days from the date when a deposit was made. Payment will be automatically declined if the conditions are not met within this maximum verification period.
7.2 The affiliate reward amount is determined based on the remuneration rate assigned to the Partner. Remuneration rates can be found on the company’s website or in the designated section of the Partner’s Personal Area. The commission for client account activation depends on the total net deposit amount at the time of payment. The “net deposit” metric is calculated as follows: all client deposits during the verification period minus withdrawals made during the same period. The withdrawal of profits by the Client does not impact the net deposit amount or the Partner’s commission.
7.3 If any of the Partner’s registration data matches the registration data of a client assigned to the affiliate group, the Company reserves the right not to pay remuneration to the Partner and remove such client from the affiliate group.
7.4 Remuneration shall be paid to the Partner’s wallet registered with the Company immediately after the clients referred by the Partner successfully pass the moderation and verification by the Company.
7.5 When calculating commissions, the Company reserves the right not to pay partner commission for the bonus funds.
7.6 Commission withdrawal shall be proceeded within the term, defined by the payment system and the company regulations.
7.7 The Company reserves the right to refuse to pay remuneration to a Partner, remove Clients from the partner group or to terminate the partner’s account in the following cases:
7.7.1 Activity on the attracted clients’ accounts violates the Customer Agreement.
7.7.2 Fraudulent actions taken by the Clients or the Partner himself, in bad faith to make profit.
7.7.3 Intentional use of vulnerabilities in the Company’s trading or financial systems for purpose of personal gain.
7.7.4 Violation of the bonus terms or other Company’s offers.
7.7.5 Misconduct, other impropriety or fraud on the part of the Partner and his Clients, which damage the Company’s reputation or its financial results.
Final provisions
8.1 The Partner Agreement is considered accepted if an individual registers as a Partner.
8.2 The Partner Agreement is considered accepted which means that:
- the Partner is aware of the terms and conditions thereof;
- all the terms and conditions thereof are clear and acceptable by the Partner in full scope;
- there are no circumstances which may hinder acceptance thereof.
8.3 The Partner agrees that the contact information indicated by the Partner during registration will be used by the Company to send emails and/or other Company offers to the Partner.
8.4 The present Agreement shall enter into force after the registration of a partner account and be valid for a period of twelve (12) months.
8.5 Should the conditions of the present Agreement be fulfilled, the Agreement shall be prolonged for an indefinite period of time.
8.6 The Company shall have the absolute discretion to amend and supplement any of the terms and conditions stipulated in the present Agreement and shall give 3 calendar days’ prior notice.
8.7 Either Party may terminate the present Agreement unilaterally by giving at least 3 calendar days’ prior notice to the other Party.
[email protected]
Date of Last Revision 10/05/2024
AMarkets LLC registered in the Cook Islands with registration number LLC14486/2023