The present partner agreement (hereinafter referred to as Agreement) is concluded between: BITEX.ONE platform, hereinafter referred to as the "Platform", and the user, acting as a Partner, hereinafter referred to as the "Partner", hereinafter collectively referred to as the "Parties", and individually as a "Party".
Terms And Definitions
Partner - natural person or legal entity over the age of 18 which is registered on the Platform and is entitled by the Platform through the present Agreement with the right to affiliate Referrals to the Platform.
BITEX.ONE Platform - digital source which is a platform for concluding the transactions.
Referral - a person who has not been registered on the Platform before and did not express direct or indirect interest in Platform services.
Technical support - employees of the Platform advising the Referrals and Platform's Partners.
Temporarily frozen account - condition of the Partner's account at which some functions of the Platform are temporarily restricted due to suspected violation of the Agreement.
- Subject of the Agreement
- The Platform mandates and the Partner undertakes to perform the following legally relevant and other actions on behalf of the Platform:
- Searching and affiliating the Referrals with the use of referral links, a unique code which shall be provided by the Platform to every Partner.
- Obligations of the Partner to perform assignments hereunder are considered as performed at simultaneous performance of the following conditions:
- The Referral is registered on the Platform with the specified status at WWW.BITEX.ONE and meets the requirements for this status;
- At registration on the Platform, the Referral shall open the referral link provided by the Partner within seven days.
- If the Referral is registered after the period of seven calendar days, they are not considered to be a Ref.
- Finansial Conditions of Interaction Between the Parties
- The Partner receives reward in the form of payments for affiliation of Referrals.
- Payment is a reward for every affiliated Referral at the percentage of fees’ rate specified in the referral program general conditions.
- The payments specified in the referral program general conditions, are calculated based on the amount of the trading fee of "Taker" type transactions which will be performed by the Referrals on the Platform.
- Conditions and procedures for paying the reward to the Partner:
- Reward is paid to the Partner only if the Referral meets the requirements of the status of Referral and replenishes their trading account and performs trading transactions through the Platform.
- Reward amount is transferred to the Partner once a week on Wednesdays.
- The Partner's reward is displayed on "Profit from referral program" page on the Platform, and once the reward due is transferred by the Platform to the Partner's account, the latter has the right to send a withdrawal request to the Platform or to use the received funds for trade on the Platform.
- To ensure performance of the Partner's financial obligations technical support has the right to verify authenticity of the Referrals and their kinship relations.
- Referrals shall not have kinship relations with the Partner who has attracted them for participation in the referral program.
- Should the Referral have kinship relations with the Partner, the Referral is not considered as New and the Partner will not receive a reward.
- Verification can be carried out with the use of additional personal data from the Referral.
- During period of verifying the Referral's uniqueness, the Partner does not receive the compensation and cannot withdraw the compensation which has been received earlier.
- Technical support can verify the Referral any time irrespective of the registration term.
- Should the verification detect that the registered Referral is not unique and the partner reward has been already paid the Partner, the Partner's account should be temporarily suspended and marked with "Temporarily frozen" status.
- In the case of positive balance on the temporarily frozen accounts, the Platform has the right to withhold the partner’s reward at the rate of the compensation paid for non-unique user.
- In the case of zero balance on the temporarily frozen account, the Partner receives a notification and the account is blocked until the Partner compensates the losses suffered by the Platform.
- The Referral and the Partner have no right to use the same digital device (personal computer) for carrying out the general trading transactions and getting the reward from the referral program.
- Should the same digital device be used, the Partner does not receive the reward.
- Liabilities of the Parties. Settlement of Disputes
- The Platform and the Partner shall bear responsibility for failure to fulfil their obligations hereunder or for improper fulfilment of such obligations according to current legislation of a country to which jurisdiction they belong and legislature of the Great Britain.
- If the Partner has provided invalid personal data, the Technical support employees will use only available personal data and will not search for the user.
- The Parties shall take all measures for settlement of disputes and disagreements following from the present Agreement by negotiations and claims. The term for responding to the claim shall make 10 (ten) calendar days from the date of receipt of the claim by the second Party.
- All disputable questions which have been not settled at negotiations of the Parties shall be subject to proceedings at the court of the Great Britain.
- Government employees have no right to receive a referral bonus.
- If the Partner is a government employee, they shall immediately inform the Technical support on it.
- If the Partner is a government employee and has not informed the Technical support on it the Agreement is considered as not concluded and the Partner does not receive the reward.
- The Partner is forbidden to demand, accept, or receive any gifts, payments, compensation, indemnification, or benefits of any kind for themselves or any other party, if such benefits may be or would be interpreted as a bribe or illegal, or corruption practice within the scope of the partner program.
- The Partner is forbidden to use the brand name of BITEX.ONE company and any marketing materials for deception of Referrals or for own benefit.
- The Partner shall use the available marketing materials of BITEX.ONE solely to affilite Referrals.
- The Platform does not bear any responsibility for lost opportunity in case of possible technical troubles on the Platform.
- The Party shall not be held liable for partial or full failure to fulfil its obligations hereunder if it is proved that improper fulfilment or failure to fulfil the obligations was caused by force majeure, i.e. emergencies and unpreventable circumstances. These circumstances do not include infringements obligations by the counterparts of the debtor or lack of money at the debtor.
- Upon occurrence of circumstances specified in it. 4.1 of the present Agreement the Party should inform the other Party on such circumstances in writing immediately not later than 5 (five) days from the moment of emergence of these circumstances. The notification should contain data about nature of circumstances and proofs registered in any form which confirm emergence of the circumstances specified in it. 4.1.
- Should the Party fail to send the notification specified in it. 4.2 of the present Agreement or send it too late, the Party affected by force majeure is obliged compensate the second Party for incurred losses.
- Upon emergence of circumstances specified in it. 4.1 of the present Agreement, the term for fulfilling the obligations hereunder should be prolonged for the term of duration of these circumstances and their consequences.
- Should the circumstances specified in it. 4.1 of the present Agreement and their consequence continue for more than two months, the Parties should arrange additional negotiations for finding alternative ways for fulfilling their obligations hereunder.
- Duration term of the present Agreement starts on the moment of Partner’s registration on the Platform.
- The Agreement shall be considered as concluded between the Parties if a Partner has registered on the Platform and provided their personal data for processing.
- Should neither of the Parties send the other Party a notification on cancellation of the present Agreement not later than 15 (fifteen) calendar days before termination of the Agreement duration, the action of the present Agreement should be prolonged for 1 calendar year on the same conditions. The number of Agreement prolongations is not limited.
- Any amendments and additions to the present Agreement shall be introduced by the Parties in the electronic form by exchange of electronic messages via e-mail or exchange of messages through the Platform.
- All appendixes to the present Agreement shall be considered as parts of it.
- The Parties shall be guided by the legislation of the Great Britain in all issues which are not regulated by the present Agreement.
- Should the Partner reside beyond the Great Britain, i.e. in a country which is subject to other jurisdiction, the Partner should not be released from obligations of the present Agreement if such obligations do not contradict the legislation of the Partner's country.
- Should the Partner's country legislation be suspected to contradict the interests of both Parties, the Partner is obliged to notify the Platform's Technical support within 7 days from the moment of revealing these circumstances.
- In the event of it. 5.8. the agreement shall be considered as not concluded and the Partner shall not receive a reward.
- Early termination of the present Agreement are made by the mutual consent.
- The Partner undertakes to observe all applicable laws regulating gifts and practices within the scope of struggle against corruption (including U.S. Foreign Corrupt Practices Act and UK Bribery act).
- The Partner expresses the consent to pay and compensate for losses as well as to protect BITEX.ONE in the event of any claims, obligations, losses, and expenses (including expenses for lawyers) which emerged as a result of violation of any terms hereunder by the Partner.
- BITEX.ONE reserves the possibility and right to perform control and protection in any kind at the Partner's expense or demand compensation from the Partner. Should any claim occur the Partner expresses their consent to cooperate with BITEX.ONE protection.