Boost Markets Affiliate Program
This Affiliate program details the legal terms of participant in BoostMarkets' affiliate program (the "Programme"), designated to refer Internet traffic and potential clients to the international TradeFred financial services brand (the "Brands").
Please read this agreement thoroughly, as your acceptance is assumed once you complete the registration form.
- Upon the Company’s approval of the Affiliate request form to join the Programme, Affiliate shall be granted with non-exclusive and non-transferrable right to direct potential investors and traders ("leads"), or referred affiliates, towards the Programme subject to the terms and conditions of this Agreement.
- The Affiliate warrants that it has the professionalism, knowledge and experience required to perform its obligations under this Agreement. The Affiliate shall perform its obligations hereunder in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations.
- The Affiliate shall take utmost care of the interests of the Company and Brands, and shall not give any presentation or warranty in the name of the Company or Brands and not obligate the Company or Brands in any way, without the prior approval of the Company.
- The Company shall have the right to order the Affiliate to modify and/or to change any way or method used by the Affiliate for the purpose of providing the services under this Agreement. The Affiliate must comply with any instruction of the Company with respect to the services provided by the Affiliate under this Agreement.
- The Affiliate is required to adequately maintain its website and ensure it is in good working order for the duration of this Agreement. At least one link referring to the Brands on the Affiliate's website must be displayed at all times during the course of this Agreement. This link must be continuously kept up to date and must not be altered in any way without the consent of the Company. In addition, the Affiliate shall not carry out any form of search engine marketing using the words “Boost Markets” or any other terms associated with the Programme.
- The Affiliate’s Marketing Material should at all times comply with the herein-mentioned and is always subject to the Company’s Compliance Department prior written approval. The Company has the right to amend and/or reject any form of Marketing Material and of its content. The Affiliate should submit to the prior approval of the Company any marketing material and any link directing to the Brands' websites.
- The Affiliate shall not target marketing to any persons who is under the age of 18 years old, or under the age of majority in the territory where the Affiliate is operating, if older.
- Each Party shall promptly inform the other Party of any information known to the informing Party that is relevant to the other Party, including, but not limited to, potential clients, leads (interested potential clients), complaints that could reasonably lead to a claim, demand or liability against the receiving Party or the Brands.
- Affiliate shall keep accurate written records of all his/her clients’ contacts and meetings and make the same available to the Company for inspection upon request.
- The Affiliate shall not contact the clients of the Company, directly or indirectly, on behalf of the Company (i.e., solicit, speak or converse with the clients), unless otherwise instructed by the Company, in writing.
- The Affiliate should act in a professional, proper manner and should be always in full compliance with the applicable regulatory framework. It is hereby clarified that the Affiliate is the sole responsible person for the content and method of communicating its marketing material and activities.
- E-mail marketing or promotion with respect to the Company, shall be executed by the Affiliate only according to the Company's prior and written consent. Affiliate shall comply with all applicable laws, rules, regulations and directives, including but not limited to those relating to e-mail marketing and "spamming".
- The Affiliate shall not (a) engage in any text messaging, fax, broadcast or telemarketing and any other offline marketing methods with respect to The Company (b) use Malware and/or Spyware techniques or use any other aggressive advertising or marketing methods in any of its dealings relating to The Company (c) make any false, misleading or disparaging representations or statements with respect to The Company or (d) engage in any other practices which may affect adversely the credibility or reputation of The Company, including but not limited to, having any content on any Website, that (i) promotes sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age and/or any illegal activities or (ii) violates any intellectual property or other proprietary rights of any third party.
- All referred leads details shall be the property the Company and The Affiliate shall not refer said leads to any other entity.
- The Brands shall have the right to refuse to accept or to give service to any client and or terminate its relations with any client, all at their sole discretion.
- The Affiliate shall not provide investment advice or portfolio management services to customers.
- The Affiliate shall be entitled to receive Consideration according to Appendix A attached hereto.
- The Affiliate shall bear all costs and expenses its activities unless otherwise agreed by the parties, in writing.
- The Agreement will take effect when the Company notifies you of your acceptance to the Programme, and until terminated pursuant to this Agreement.
- Either Party may terminate the Agreement with a 7 days prior written notice.
- The Company may terminate this Agreement immediately if it suspects that a Partner has breached the terms listed in this Agreement.
- Upon termination of this Agreement, the Company will pay the Partner any commissions that are due, provided they have been generated as a result of the proper fulfilment of this Agreement.
- In cases where a Partner breaches the Agreement, the Company reserves the right to seek indemnification for any losses, damages or losses incurred.
- Upon expiration or termination of this Agreement: (a) Each Party shall return to the other Party all property of the other Party in its possession or control; (b) The Affiliate shall immediately cease providing the services under this Agreement and return all promotional material, banners etc. to the Company; (c) All rights granted to The Affiliate, including the right to Compensation hereunder will immediately cease (d) All Information regarding Clients, potential clients, prospective clients and leads, Company financial and other confidential information of the Company or the Brands shall remain with the Company or the Brands, as applicable, and will not be used by the Affiliate or transferred by the Affiliate to any third party.
- Sections 4 through 9 shall survive the termination or expiration of this Agreement.
- Any and all Trademarks, trade names, service names, Banners and Text Links, marketing and promotional material, logos, Internet websites and all similar proprietary rights, together with all translations, adaptations, derivations and combinations thereof, are owned exclusively by the Company or the Brands, as applicable, and this Agreement shall not derogate in any way from the Company or the Brands sole ownership.
- To dispel any doubt, Leads customers details shall be the Company's or the Brands, as applicable, exclusive property, and shall not be the property of the Affiliate. The Affiliate shall use such industry acceptable measures to ensure safe guard the privacy of Client's information.
- All software, documentation, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites, and any additional intellectual or other property used by or on behalf of the Company and Brands or otherwise related to the Company, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and pertinent thereto, including any property which will be developed or acquired by the Company in the future with or without any relation to the Affiliate, shall be and remain the sole and exclusive property of the Company.
- Affiliate must main suitable copyright and trademark notices throughout its website(s) that conform to the Company’s specific requirements. The Company may also use some of the Affiliate's own trademarks in its own marketing materials, free of charge.
- Confidential Information shall include, but shall not be limited to, any and all information associated with the other Party's (and the Brands') business and not publicly known, including, the contents of this Agreement, specific trading information, technical processes and formulas, source codes, whether or not marked as confidential or proprietary.
- Each Party agrees to use the other Party's (and the Brands') Confidential Information solely as necessary for performing its obligations hereunder. Each Party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such confidential information, other than (a) by or to its employees, agents and subcontractors that must have access to such Confidential Information to perform such Party's obligations hereunder, each shall treat such information as provided herein; or (b) as required by any law, regulation, or order of any court of proper jurisdiction over the Parties and the subject matter contained in this Agreement.
- Confidential Information shall not include any information which is: (i) in the public domain, or is already known by or in the possession of the non-disclosing Party, at the time of disclosure of such information; (ii) is independently developed by the non-disclosing Party without breaching any provisions of this Agreement; or (iii) is thereafter rightly obtained by the non-disclosing Party from a source other than the disclosing Party without breaching any provision of this Agreement.
THE COMPANY MAKES NO WARRANTIES HEREUNDER, AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE COMPANY'S OR BRANDS SERVICES. THE COMPANY FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED THAT THE COMPANY'S OR BRANDS SERVICES DO NOT INFRINGE OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY IN ANY JURISDICTION.
The Affiliate agrees to indemnify, defend and hold harmless the Company and the Brands , their directors, officers, employees, subcontractors and agents thereof (collectively, the "Indemnified Party"), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon or arises out of Affiliate's breach of any representation, warranty, obligation or covenant under this Agreement or law; or the Affiliate's negligence or wilful misconduct; or any warranty, condition, representation, indemnity or guarantee relating to the Company granted by the Affiliate to any third party.
- Force majeure– Any Party to this Agreement shall not bear any responsibility to any harm at any form which shall be caused as the result of a force major and any outside event which is not in the control of the Party. If any Party shall be unable to perform its obligations according to this agreement as the result of force majeure, the Party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.
- This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party.
- Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes (a) on the delivery date if delivered personally or by e-mail to the Party to which the same is directed; (b) two (2) business days after deposit with an internationally recognized commercial overnight courier service, with written verification of receipt; or (c) five (5) business days after deposit in certified or registered mail, return receipt requested, postage and charges prepaid, to the respective addresses of the Parties as set forth on the Registration Page.
- The failure of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such Party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. Each waiver shall be set forth in a written instrument signed by the waiving Party.
- This Agreement sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the Parties with respect to the subject matter hereof as set forth herein.
- No amendment or modification of any provision of this Agreement shall be valid unless set forth in a written instrument signed by both Parties, excluding any amendment required by regulation, which will be adopted immediately by both Parties. The Company may amend the terms of this Agreement by a written notice to the Affiliate (including by Email), which will binding upon the parties following the time period set in the notice, if no rejection was received, in writing, from the part of the Affiliate.
- The Affiliate shall have no right to assign or otherwise transfer this Agreement, or any of its rights or obligations hereunder, to any third party without The Company's prior written consent, to be given or withheld in The Company's sole discretion. The Company may assign or otherwise transfer this Agreement or any of its rights or obligations hereunder, to any related Entity of the Company, as long as The Affiliate's rights according to the Agreement shall not be harmed.
- Each term and provision of this Agreement is intended to be severable. If any term or provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason whatsoever that term or provision shall be ineffectual and void and the validity of the remainder of this Agreement shall not be adversely affected thereby. In the event that any provision of this Agreement shall be held unenforceable, the same shall not affect the remainder of the provisions hereof, which shall be given full effect without regard to the invalid portions hereof. The respective rights and obligations of the parties hereunder shall survive any termination of this Agreement to the extent necessary to carry out the intended preservation of such rights.
- The Company’s official language is English, and any other language translations are provided as a courtesy only. In the event of any discrepancy or inconsistency between the original English language documents and their translation into any other language, the English language documentation will exclusively prevail. This Agreement and all transactional relations shall exclusively be governed in accordance with the laws of the United Kingdom. Each Party agrees that any legal action or claim relating to a dispute that cannot be resolved by both Parties arising from or relating to this Agreement will be brought exclusively before a court of law in the United Kingdom.