PARTNER AGREEMENT
1. General terms
1.1. This agreement (further “Agreement”) entered into between the Binaric Service (“Company”), on the one hand, and the person who opened a partner account in the Company (“Partner”), on the other hand. Joint reference of the Company and the Partner in the text of this Agreement is termed “Parties”.
1.2. The place of the conclusion an Agreement of the Parties is recognized the place of registration in the Company.
1.3. When registering as the Partner, by the acceptance of this Agreement a person confirms that:
1.3.1. he\she learned the terms of this Agreement;
1.3.2. he\she understood and unconditionally accepted all the terms of this Agreement in all parts;
1.3.3. there are no circumstances that prevent the acceptance of this Agreement.
1.4. The Partner is applied by the terms of the Client Agreement, which he\she takes on a mandatory basis when registering a partner account as far as the Client Agreement does not contradict the current document.
1.5. The Partner, under this Agreement, may not be a legal body, a citizen and a tax resident of the following countries: the UK, Iraq, Democratic People’s Republic of Korea, Latvia, the USA and Estonia. Also, the current partner is forbidden to post and distribute any kind of promotional materials about the Company in the countries mentioned above.
1.6. The Company reserves the right to refuse registration of the Partner without giving any reason, including prohibiting of repeated attempts the registration in the future.
1.7. The Partner unconditionally admits that all their clients, who made trades on the Internet resource of the Partner, are the clients of the Company.
1.8. A Client, who made trades on the the Internet resource of the Partner, cannot be the Partner himself\herself, his\her relatives, as well as any other interdependent persons.
2. Responsibilities of the Partner
The Partner must:
2.1. According to the terms of the current Agreement, the Partner undertakes on his\her own behalf and at his\her own expense to search and to attract new clients for opening accounts in the Company and making trades in the manner specified in the Client Agreement.
2.2. To specify reliable, accurate and current personal information, save soft (scanned) copy of the identity proof document in the Client Area, as well as to notify the Company immediately in case of subsequent modification of any personal data (name, address, phone, etc).
2.3. Entering into a relationship with the Client and any related party, to inform about the status and powers of the Partner (intermediary). To avoid any doubt, and without exception, the Partner always and under all circumstances acts on his\her own behalf and not on behalf of the Company.
2.4. To attract new clients conscientiously according to the Agreement.
2.5. To have general information on international financial markets and be competent in the field of services, provided by the Company.
2.6. Bring to the attention of potential clients the most complete and accurate information about the Company and its services. If necessary, to refer to the documents and conditions which are on the Company’s website, comment and explain them, and in a mandatory manner to warn the Client about the risks associated with the trades before the conclusion of the Client Agreement.
2.7. Maintain the relevance of the information about the Company, its services, and services located on the Partner’s internet resource. In case of false or irrelevant information on the internet resource of the Partner, the Company has the right to require the Partner to delete or update data, and the Partner, in turn, undertakes to comply with this requirement within seven (7) days from the date of the Company’s request.
2.8. By the Client’s request, provide with comprehensive information support, or submit the requests to the Company. If there is a claim to the Company’s services by the Client, immediately to send it to the address of the Company with own comments.
2.9. Refrain from providing the Client advice and recommendations on making trades on the account within the Client Agreement, or to limit own responsibility correctly. In any case, the Company is not liable for the consequences of such recommendations and advice.
2.10. Maintain confidentiality of all the information regarding the personal data of the Clients, the data on their accounts and trades.
2.11. Inform the Client that the Client may not provide third parties registration information (login and password) for authorization in the Client Area and the Client platform, and must ensure their safety and confidentiality.
2.12. In case of the Clients’ claims associated with the Partner’s activities, independently settle all the claims of such Clients.
2.13. In case of problems related to business conducting and services providing offered by the Company, as well as any third-party interference in its activities, to inform the Company immediately and provide all the information in full.
2.14. To inform the Company promptly about all facts or circumstances, which the Partner knows, that can lead to adverse consequences (risks) for the Company.
2.15. To inform the Company upon its request about the progress, the methods and the results about the operations on attracting Clients.
2.16. To perform lawful, feasible and concrete instructions of the Company according to this Agreement.
3. Limitation of the Partner’s authority
3.1. The Partner has no right to:
3.1.1. Attract the Clients, using illegal methods, including (but not limited): fraud, misrepresentation, provision of incomplete information about the risks arising from trades and other methods.
3.1.2. Open accounts (including partner accounts) at himself\herself, relatives, as well as any other related parties.
3.1.3. Carry out any financial calculations on behalf of the Company, including (but not limited) to:
• take from the Clients or provide to the Clients with funds denominated in any form;
• provide to the Clients directly or indirectly with the full amount or a part of their own received or expected payments.
• provide to the Clients directly or indirectly with the full amount or a part of their own received or expected payments.
3.1.4. On the Partner’s own behalf and by the duty of related party, register a new user in the system of the Company, or to accept the Client Agreement on the behalf and by the duty of the Clients, as well as to use personal logins, passwords, opportunities of the Client Area and to carry out any operations with the accounts of the Clients of the Company.
3.1.5. Disclose to third parties confidential (not publicly accessible) information on the Company and the Clients, resulting in the process of joint activities, as well as another information that may result in losses for the Company or damage its business reputation, throughout all the term of this Agreement and for five years after its termination.
3.1.6. Use direct references to the name of the Company, as well as the names of the Company’s promoted products and services (in any form) in a key request of contextual advertising systems (Yandex, Google, Mail.ru, etc.).
3.1.7. Place Partner’s own affiliate link on internet resources that belong to the Company.
3.1.8. Place Partner’s own affiliate link on internet resources, where the Company conducts information, advertising, PR and another activity (corporate communities on social networks, corporate branches on third-party forums, etc.).
3.1.9. Place on the Partner’s information resources texts published on the website of the Company, unless specifically provided for this purpose, or the materials agreed in writing with the Company.
3.1.10. Send spam of any kind (mass advertising or other types of messages to persons, who did not give any consent to get them).
3.1.11. Advertise the Company and its products in the active promotion (CAP) systems.
3.1.12. Advertise the Company and its products on amoral (including pornographic) sites, as well as other content sites, not in accordance with the laws of countries where the Company operates.
3.1.13. Use advertising, contrary to legal regulations of the countries where the Company operates.
3.1.14. Use in advertising misleading or false information about the services offered by the Company, including voluntary concealment of risks, as well as another that could harm the Company’s business reputation.
3.1.15. Misinform the website visitor by obviously false or forced redirection (redirect) of the website visitor to the website or the page of the Company, including the pop-up or pop-down windows, etc.
3.1.16. Conduct promotion, contrary to regulations and rules of Internet search systems, voluntary manipulate the results of search queries and use other methods of promotion on the Internet, making a search engine or a search engine user confused.
3.1.17. Use any other type of unfair advertising.
3.2. Without prior written permission of the Company’s, the Partner has no right to:
3.2.1. Use the original or modified form of trademarks, logos, service marks, website design and other results of intellectual activity, exclusive rights, which the Company owns. In particular, the Partner has no right to register and to use domain names or organization in the name containing the words “Binaric”, “binaric.org”, or their parts, or any other version of writing these words, for example: binarik, bayneric, etc.
3.2.2. Assign the requirement right under this Agreement, make subagency and other agreements or contracts, which can be transmitted the Partner’s authorities or their parts under this Agreement to third parties.
3.2.3. Publish any notes (articles, letters) or contribute to the writing of notes (articles, letters) relating to the Company, in newspapers, magazines and other periodicals, as well as to publish any material that can damage the reputation of the Company on different resources (blogs, social networks, forums, etc).
3.2.4. Engage in any relationship, negotiate and sign any documents or incur any obligation on behalf of the Company and put the Company under any obligations.
3.2.5. Give any guarantee or promise, make any declaration with regard to any conditions for any contracts or agreements made by the Company.
3.2.2. Assign the requirement right under this Agreement, make subagency and other agreements or contracts, which can be transmitted the Partner’s authorities or their parts under this Agreement to third parties.
3.2.3. Publish any notes (articles, letters) or contribute to the writing of notes (articles, letters) relating to the Company, in newspapers, magazines and other periodicals, as well as to publish any material that can damage the reputation of the Company on different resources (blogs, social networks, forums, etc).
3.2.4. Engage in any relationship, negotiate and sign any documents or incur any obligation on behalf of the Company and put the Company under any obligations.
3.2.5. Give any guarantee or promise, make any declaration with regard to any conditions for any contracts or agreements made by the Company.
4. Responsibilities of the Company
The Company must:
4.1. Provide the Partner with the necessary information regarding the content of the concluded agreements and the Client’s participation in the trades.
4.2. Open accounts for the Clients, registered in the Service of the Company on the Internet resource of the Partner, in the general conditions of the Company according with the Client Agreement (to accept their payments, to provide them with the opportunity to trade, take all risks and responsibility for payments to them).
4.3. Carry out a full account of the Clients, registered in the Service of the Company on the Internet resource of the Partner, and their trades on the basis of which, make payments and carry out calculations with the Partner in the order and terms established by this Agreement.
4.4. Be responsible for payments to the Partner.
4.5. Provide comprehensive information support for the Partners.
4.6. Timely inform about important changes in the work of the Company.
5. Rights of the Company
The Company has the right to:
5.1. Unilaterally modify, rename, add, or leave unchanged the terms of the present Agreement with a prior written notice given for five (5) business days before the changes come into effect.
5.2. In any form control (monitor) activities of the Partner on the part of exercise of his\her duties and liabilities under this Agreement, in particular, check information websites of the Partner and methods used to recruit the Clients without any notification given.
5.3. Request the Partner a detailed report on performance of his\her liabilities under this Agreement, progress and results of activities on recruiting the Clients to trading with using the Service of the Company.
5.4. Request the Partner validating authenticity of the date used on registering the partner account including a request to provide additional proof of identity in the form of electronic (scanned) copies or notarized copies, at the Company’s discretion.
5.5. In case of doubt in authenticity of identity documents submitted by the Partner, contact law enforcement authorities of the issuing country to verify its authenticity.
5.6. Use the identification information and the information specified by the Partner during registration to combat the money laundering.
5.7. Terminate this Agreement, if within thirty (30) days from the date of opening of the Partner account on the Company’s website, the Partner has not published the Client platform of the Company on the Partner’s Internet site
5.8. In the following cases, cancel the Partner’s payment on the Clients trades or block the partner’s account, at its sole discretion:
5.8.1. Detection of any duplicated of data belonging to the Partner and the Client such as passport details, address, phone, e-mail, IP-addresses, payment details etc. (Account using the same IP-address to conclude trades are deemed as one active account, and if its data is the same as the Partners’ data, they are deemed as interdependent accounts).
5.8.2. Detection in the account of the Client of the trades violating the Client Agreement, the terms of promotions and services, rules of the Company’s competitions (including trades made with the help of drawback of the Client platform).
5.8.3. Detection of use of the partner’s account used for any purpose other than it is intended including any other fraudulent schemes of the Partners and (or) the Client who makes trades on the Internet resource of the Partner (for example, use of affiliate programs in order to increase the payment on trades).
5.8.4. Gross violation or non-compliance of this Agreement by the Partner.
5.9. Carry out other actions and activities that do not contradict the conditions of this Agreement and legislation of the country of the Company’s registration.
6. Exemption clauses
6.1. Under no circumstances, the Company shall be liable:
6.1.1. For any of the Partner actions committed by him\her in violation of this Agreement, or beyond the powers granted by the Company in the form of an appropriate prior written consent.
6.1.2. For any damage caused by the Partner to any third parties.
6.1.3. For maintenance and performance of the Internet resource (website) where the trading platform is placed.
6.2. In the dispute between the Company and the Client, who makes trades on the Internet resource of the Partner, the Company’s opinion is decisive.
7. The commencement procedure
7.1. To register as a Partner and open the Partner’s account, you must:
• fill in the registration form on the website;
• accept this Agreement;
• choose the program of cooperation.
7.2. The message on successful registration is sent to the email address of the Partner, provided by him\her during registration.
7.3. Upon completion of the registration procedure as the Partner, you will be given the code that should be used to put the Company’s Client Platform on the Partner’s Internet website.
7.4. To get started, you must put the Company’s Client Platform on the Partner’s Internet website and start to refer the Clients.
7.5. Registered Partner Company provides: affiliate account, the code to put the Company’s Client Platform on the Partner’s Internet website.
8. Mutual settlement between Parties
8.1. The reward defined by this section of this Agreement is the only kind of payment made to the Partner and the Partner cannot claim for other types of promotion.
8.2. All payments to the Partner are made by sending the reward to his\her Partner account. From the 10th (tenth) day of each month, following the reporting one, affiliate payments are available for withdrawal or by agreement with the Company, terms and a withdrawal procedure can be changed individually.
8.3. The currency of the Partner account is the US dollar, all withdrawals operations are settled in the US Dollars.
8.4. The minimum amount of payment of the partnership income is $10.
8.5. Partner account is solely purposed for mutual settlement between the Parties, so the trading function in the manner provided by the Client Agreement is disabled.
8.6. Amount of the Partner’s reward is determined by the selected programs of cooperation:
8.6.1. “Percentage of income”
8.6.1.1. The main settlement unit is the total profit\loss obtained by the Company in result of making Clients’ trades on the Client platform based on the Partner’s Internet site.
8.6.1.2. The amount of reward is approved with every Partner individually.
8.6.1.3. If during any accounting period, the amount of reward is negative, the Company is entitled to compensate for such negative amount at the expense of future positive Partner’s reward.
8.7. No reward is charged for the trades that were canceled or revised in accordance with the Client Agreement.
8.8. The Partner’s reward for Client’s trades made when credit or bonus funds provided by the Company are on the account, can be enrolled by the Company in the amount proportional to the amount of the Client’s own funds in the account during the accountable month.
8.9. The Partner has the right to withdraw the accrued reward only on the following conditions:
8.9.1. The Company will confirm that the personal Partner’s data provided during registration, matches his\her passport data.
8.9.2. The Partner will provide validated payment details for transfer of funds from the Partner’s account.
8.10. A withdrawal methods of the Partner’s reward is determined by an agreement between the Partner and the Company.
8.11. Upon withdrawal of funds from the Partner’s account, the Partner is in charge of conversion expenses made at the exchange rate of the Company and other costs of transfer.
8.12. To examine fair practice of the Partner and ensure correct accrual of the Partner’s reward, the Company reserves the right to suspend withdrawals from the Partner’s account for an indefinite period.
8.13. In cases of violation of this Agreement by the Partner, the Company reserves the right to block the Partner’s account, as well as to cover all loss caused by the Partner at the expense of reward payable to him\her under this Agreement.
8.14. If an error occurs in calculation of the Partner’s reward, the Company reserves the right to adjust the Partner’s reward, or at any time revoke erroneously credited funds (including, but not limited to, reduction of future reward to compensate for any wrongly made payments before the Partner begins receiving reward again).
8.15. In cases where a breach of this Agreement by the Partner (including unauthorized actions or statements), any claims against the Company, all costs (loss) incurred by the Company, must be fully indemnified by the Partner. Loss is deemed as expenses that the Company incurred or will incur to recover its rights and interests (real damage), as well as lost revenue that the Company would have received under normal course of business, if its business reputation, rights and interests were not violated (lost benefit). The Partner is not entitled to dispute the amount of damages that the Company seeks for compensation.
8.16. The Company is not a tax agent of the Partner. The Parties independently and on their own calculate and pay their tax and other obligations against third parties.
9. Duration and termination of the Agreement
9.1. The present Agreement shall enter into force upon its acceptance by the interested party on the Company’s website.
9.2. The term of this Agreement is one (1) year from the date of its adoption. If neither party declares termination of the present Agreement, it shall be automatically extended for an indefinite period.
9.3. Either party has the right to unilaterally refuse to execute the present Agreement in a pre-trial order by notifying the other party not less than three (3) business days.
9.4. In the event of termination of the present Agreement, the the Partner’s account and the Client platform based on the Partner’s Internet site shall cease its operation.