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Please ensure you read and understand the terms and conditions of the partnership agreement below.
"Active Trader" shall mean any Trader who: (i) has been a Qualified Trader as per the provisions of this Agreement and (ii) opened or closed a position of at least 1 micro lot within the last 30 (thirty) consecutive calendar days period, preceding the Hourly Review.
"Account(s)" shall mean any trading account the Trader runs with Vantage FX.
"Affiliate" shall mean whether an individual or a company, acting in the course of business and engaged in advertising and marketing activities (promotion of Vantage FX brand online, use of Vantage FX site as a portal for displaying promotional and advertising content, hosting of marketing material and direction of the web-traffic to the Vantage FX site, increase of the online profile of Vantage FX through search engine optimization and performance of any other similar (with the abovementioned) activity) who may, at any time under the terms of this Agreement, introduce prospective Clients/Qualifying Traders to Vantage FX for transactions in CFDs foreign currencies, commodities, futures and derivatives.
"Affiliate Panel" shall mean the secure account affiliate interface area (or backend) on Vantage FX Partners website where all affiliates login in order to view all their data, get affiliate links, view statistics, complete/update their payment profile and access promotional tools.
"Affiliate Partner Link" shall mean the unique link and/or personalized ID which is used to identify Affiliate activities and introduced Qualifying Traders.
"Agreement/Contract" shall mean this Affiliate Program Agreement.
"Client" shall mean any person, whether an individual and/or a company who has been or is been introduced by the Affiliate to the Company and with whom the Company enters into a Client Agreement.
"Compensation" shall have the meaning of section 5 herein and the compensation, charges and other rates applicable to this Agreement, determined and expressed within Appendix A herein.
"CPA" shall mean the fixed Cost per Acquisition available to an Affiliate per Qualified Trader, subject to fulfilment of the KPIs during the Qualifying Period.
"Force Majeure Event" shall have the meaning as set out in Clause 12 herein.
"Vantage FX" or "Company" or "Vantage FX Partners" shall mean Vantage International Group Limited (regulated by CIMA), operating under the trade mark Vantage FX.
"Vantage FX Partners website" shall mean www.vantagefxpartners.com "Vantage FX website" Vantage FX's official website www.vantagefx.com for Vantage International Group Limited.
"Vantage FX Products and Services" shall mean all and any trading financial instruments offered by Vantage FX, including but not limited to CFDs in forex currencies, indices and commodities as these are available on Vantage FX's websites.
"Hourly Review" shall mean the review and calculation performed by Vantage FX Partners on an hourly basis in order to determine the number of Active Traders under an Affiliate in order to determine the relevant Affiliate Level as per Table 1 of Appendix A below herein.
"Intellectual Property Rights" shall mean patents, rights on inventions, copyrights and related rights, moral rights, trademarks, trade names and domain names, website content, rights in design, and computer software, database right and other similar or equivalent rights whether registered or not.
"Level" shall mean the category of CPA compensation based on the number of Active Traders.
"Links" shall mean any hypertext links (either a banner or text link) obtained from the Affiliate Panel or any other means used to identify Affiliate activities, including introduced by the Affiliate Qualified and/or Active Traders.
"Non-Qualified Trader" shall mean any Trader who is not a Qualified Trader.
"Operative Agreements" shall mean the agreements entered into by the Client and Vantage FX that govern all trading activity of the Client with the Companies. Operative Agreements consist of the Client Agreement, Policies and Terms of Business, as these may be found in the Account Opening Agreements section of the websites' abovementioned and may be amended from time to time.
"Promotional Material" shall mean promotional, advertising, communication and educational materials that relates to the Vantage FX, its products and services or relates to the introduction of a Prospective Client or Transaction in an Existing Client's trading account, and were provided to an Introducer on the Vantage FX website for the purpose of the present Agreement or made by an Introducer based on prior Companies' or Vantage FX Broker's consent. Promotional materials include, but is not limited to, published written texts, images, SMS, training materials, logos, banners, promo links, trade names, trademarks, including, without limitation any promotional marketing giveaways and/or similar
"Prospective Client" shall mean any person, whether an individual or a company who has been or is been introduced by the Affiliate to the Company.
"Qualified Trader" shall mean any Trader who meets during the Qualifying Period the KPI requirements as per Appendix A below herein.
"Qualifying Period" shall mean a 30 (thirty) consecutive calendar days period as per Appendix A below herein, starting from the day of a Qualifying Trader's first deposit in the Trader's Account(s).
"Trader" shall mean an individual or a company, acting under the relevant capacity as a Client, who has registered through an Affiliate link, completed the Vantage FX registration procedure, has been approved by Vantage FX, has funded their Trader's account and performed trading activity (i.e. opened or closed a position of at least 1 micro lot) within the Qualifying Period.
"Written Notice" shall have the meaning set out in Clause 6 of this Agreement.
a) complete and submit the online application/questionnaire https://www.vantagefxpartners.com and read and accept online the present Agreement.
b) provide sufficient proof of identity documentation(s) such as government-issued proof of identity document i.e. passport, national identity card, or driving license, and proof of residential address prior to be accepted as an Affiliate. If the Affiliate is a company or a legal entity, must provide a) Copy of Certificate of Incorporation; b) Certificate of good standing or other proof of registered address of the company; c) Proof of identity and proof of address of directors; d) Proof of identity and proof of address of other authorised representatives in case he/she will deal with Vantage on behalf of the entity and e) Proof of identity and proof of address of all ultimate beneficial owner/shareholders (25% or more) prior to be accepted as an Affiliate.
a) it is up-to-date and to notify the Affiliate of any changes that Vantage FX consider that could enhance Affiliate's performance, instructions which the Affiliate is obliged to follow and/or comply with;
b) it contains relevant Promotional Materials;
c) it does not breach IP rights and other proprietary rights of Vantage FX;
d) content of the Promotional Material is clear, fair and not misleading;
e) it is in compliance with the provisions of this Agreement;
f) the Affiliate shall provide all necessary website raw data files, access to the account's dashboards and settings (social media and AdWords) for the purposes of monitoring all activity upon Vantage FX's request. This shall include the accounts change history where necessary. Access shall be provided within 24 hours.
a) The Affiliate's website and/or Social network should have a link directing Prospective Clients to the Vantage FX site;
b) The Company's logo, brand name, banners or information could be provided to the Prospective Client only with the prior written approval of the Company;
c) The Affiliate is obliged to place in an obvious location on the Affiliate's website its capacity as an Affiliate of the Company alongside with the name of the Company and Services to be provided.
The Affiliate undertakes the strict responsibility not to take and/or assist and/or cause due to any act or omission the association directly and/or indirectly Vantage FX Partners and/or Vantage FX and/or Vantage FX Products and Services and/or including but not limited to, using any website for unlawful activities, or having any content on his or her website, that is defamatory, violent, pornographic, unlawful, threatening, obscene or racially, ethnically, or otherwise discriminatory or in breach of any third party rights and shall not link to any such material; or violates any intellectual property or other proprietary rights of any third party or has defamatory or harassing and deceitful or untruthful comments and statements about Vantage FX Partners or Vantage FX activities and business; or contains software downloads that potentially enable diversions of commission from other affiliates in this Affiliate Program.
a) Vantage FX Partners or Vantage FX is of the reasonable opinion that any of the transactions entered into or executed by the Trader under the Operative Agreements, are being opened and closed just for the benefit of earning compensation for the Affiliate (often referred to as "churning"); or
b) Some form of abuse or market abuse or market manipulation may have taken place;
c) The Affiliate acted dishonestly towards a Trader or a Prospective Client; or
d) The Affiliate is found in breach of any term of this Agreement.
b) published on the Vantage FX site or within the Affiliate Panel.
a) if sent by email, within one hour after emailing it;
b) if posted on the Vantage FX Partners site or within the Affiliate Panel, within one hour after it has been posted.
a) where required by law or if requested by any regulatory authority or exchange having control or jurisdiction over Vantage FX Partners or the Affiliate;
b) to investigate or prevent fraud or other illegal activity;
c) if it is in the public interest to disclose such information;
d) as provided in the Operative Agreements of the Company and Vantage FX Partners.
Such a use of Vantage FX's and or Vantage FX's Partner's IP rights in any manner, other than as expressly permitted herein (in addition to being a breach of this agreement) shall constitute unlawful infringement of Vantage FX's and or Vantage FX's Partner's trademarks, copyrights or other intellectual property rights, and may subject the Affiliate to claims for damages (including without limitation, treble damages for knowing or willful infringement), and the obligation to pay any legal fees and costs in connection with any action or proceeding in which Vantage FX Partners and/or Vantage FX seek to enforce their rights under this agreement or with regard to any of our intellectual property rights.
a) either party may identify a Dispute by sending a Dispute Notice to the other party as per Clause 6 above herein;
b) on or following the Dispute Date, the parties shall consult in good faith in an attempt to resolve the Dispute in a timely manner, including, without limitation, by exchanging any relevant information and by identifying and using any Agreed Process which can be applied to the subject of the Dispute or, where no such Agreed Process exists or the parties agree that such Agreed Process would be unsuitable, determining and applying a resolution method for the Dispute; and
c) with respect to any Dispute that is not resolved within five Joint Business Days of the Dispute Date, refer issues internally to appropriately senior members of staff of such party or of its Affiliate, adviser or agent in addition to actions under (b) immediately above (including actions under any Agreed Process identified and used under (b) immediately above) and to the extent such referral has not occurred as a result of action under (b) immediately above (including any Agreed Process).
a) agrees that the courts of Cayman Islands shall have exclusive jurisdiction to determine any proceedings;
b) waives any objection which the Affiliate may have at any time to bring any proceedings in any such court; and
c) agrees not to claim that such proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over the Affiliate.