General Terms and Conditions for Affiliate Partners
Welcome to our website. We’d like to get it straight out of the way – If you continue to browse and use this website and/or place an order for one of our course and/or products and/or services, you are agreeing to comply with and be bound by the following terms and conditions of use, which govern our (Elite CurrenSea’s) relationship with you in relation to this website.
If you disagree with any part of these terms and conditions, please do not use our website and/or any our products, services and/or courses.
The term ‘Elite CurrenSea’, ‘ECS’, SonderSpot OÜ or ‘us’ or ‘we’ refers to the owner of the website whose registered offices are in Tallinn, Estonia, (Registry Number: 14549907) . The term ‘you’ refers to the user or viewer of our website. Below are the main terms and conditions of using our website and services.
SonderSpot OÜ is an Estonian company that holds 33,3% of rights on the trademark ElitecurrenSea and website www.elitecurrrensea.com, while 33,3% belong to physical person Chris Svorick and 33,3% to physical person Nenad Kerkez. Hence, SonderSpot OÜ governs all the agreements clients and website visitors come into via the website and other online properties.
Elite CurrenSea Affiliation Agreement
This agreement sets out the complete terms and conditions to apply for a membership to the Elite CurrenSea Affiliate Program. Please read this agreement completely and carefully before enrolling in the Elite CurrenSea .
You must agree with and accept all of the terms and conditions contained in this Agreement without modifications, which include those terms and conditions expressly set out below and those incorporated herein by reference, before you may become an Affiliate of Elite CurrenSea.
Parties To the Agreement
(a) SonderSpot OÜ, a limited liability company registered under the laws of Estonian Republic with registration number 39002100015, hereinafter referred to as the “Company”, “Elite CurrenSea” or “ECS”
and
(a) The “Affiliate” shall mean the individual or entity which applies for membership to the Affiliate Program in accordance with the terms and conditions set forth herein and agrees with and accepts these terms and conditions and the Company approves the former’s application for membership.
And furthermore, may both hereinafter be referred to separately as the “Party” and jointly as the “Parties”.
WHEREAS this Agreement sets out the terms and conditions upon which Clients may be referred to ECS by the Affiliate.
Definitions of terms
Member Area Account
Means the uniquely assigned account that is created for a Client when such client opens a trading account with the ECS.
Affiliates Application Form
Means the form of that name provided by the Company to the Affiliate.
Lifetime Affiliate’s Commission
Means the amount paid or payable to the Affiliate by the Company in accordance with compensation Plan and based solely and exclusively on the Company’s tracking data, verification, checks and calculations, as specified in the Report. Such information shall be available to the Affiliate in the Affiliate Section. The lifetime commissions is subject to sale and might vary among affiliates based on the volume of revenue generated for ECS, as well as individual agreement.
Affiliate Program
Means the Company’s Affiliate Program available to certain individuals or entities, pursuant to the terms and conditions of this Agreement.
Affiliate Section
Means the section of the Main Website(s) where each Affiliate may review the Report, update their profile, create additional Tracker IDs, select Banners and Text Links and other functions that may be added and/or removed at any time by the Company at its sole discretion.
Banners and Text Links
Any means of graphics, pictures, animation, artwork or text provided by the ECS that an Affiliate uses to solely promote the Affiliate Program and/or to refer Introduced Clients from the Affiliate’s website to the Main Website.
Client
Means any person whom ECS has approved and allowed to purchase one of the products in accordance with the Client Agreement/Terms.
Client Agreement
Means the ECS Terms and Conditions that the Client accepts prior to opening an account with the Elite CurrenSea.
Revenue Share
A lifetime % from after vat tax and commissions sales of each product that is determined based on a standard rate of 20%, but may differ based on individual affiliate performance.
Trading System
One of ECS’ products that comprises of trading rules, strategies and tools that has been developed and released under Elite CurrenSea.
Fraud Traffic
Fraud Traffic includes, but is not limited to, spam, false advertising, deposits generated by stolen credit/debit cards, collusion between Affiliates as well as between Affiliates and Introduced Clients/Qualified Introduced Clients with the sole aim to generate commissions, manipulation of the service, system, bonuses or promotions, offers to share the Affiliate’s Commission (i.e. rebates) and any other unauthorised use of any third-party accounts, copyrights or trademarks.
Fraud Traffic also includes any activity in the Affiliate’s account, or in any Client’s account which appears to be related to and/or controlled/managed by the Affiliate, that is deemed suspicious at the ECS sole and reasonable determination.
Introduced Clients
Any user of the ECS paid services, referred by the Affiliate, who may become a Qualified Introduced Client.
Main Website
Means the Company’s domain name and/or any other domains that the ECS operates (also including the official mobile application) mainly for informational, educational and promotional purposes.
Non-Active Affiliate
An Affiliate as described in section 3.5 herein.
Qualified Introduced Client
Means an individual who was referred by an Affiliate and identified by means of a Tracker ID assigned to that Affiliate, provided that, on a cumulative basis:
the Affiliate is confirmed by the ECS as included in the Program and is linked to the Main Website(s) in accordance with this Agreement;
such individual is not already registered to the Main Website(s), including registration under, among others, a different name or through different identification details;
such individual’s registration and/or trading data do not correspond with another Introduced Client’s respective information, including but not limited to the IP address; and
all the qualification requirements set out in Section A of Appendix 1 are fulfilled.
Neither an Affiliate nor any of its Affiliated Parties are eligible to become Qualified Introduced Clients under such Affiliate’s Tracker ID(s), and should an Affiliate or any of its Affiliated Parties do so registered, the Affiliate shall not be eligible to receive the applicable commission or any other compensation whatsoever.
For the purposes hereof, the term “Affiliated Party” shall mean any of the following:
any member of the Affiliate’s immediate family;
any individual, corporation, partnership, joint venture, trust, and any other body corporate or unincorporated organization, directly or indirectly controlling, controlled by or under common control with an Affiliate; or
any other person found by the ECS to be associated with an Affiliate, for the sole purpose of generating Affiliate’s Commissions or, in the ECS’ view, to conduct any form of fraudulent or inappropriate activity; or
any individual/entity whose registration and/or trading data correspond with the Affiliate’s respective information, including, but not limited to, the IP address.
Report
Information regarding the Affiliate’s Commissions, the Introduced Client tracking and other information relevant to the Affiliate as provided by the Elite CurrenSea in the Affiliate Section.
Refunds no inclusion in affiliate payouts.
All refunds made by ECS will automatically disqualify revenue share for an affiliate.
Spam/Unsolicited Promotions
are directed to third parties who have not consented in writing in advance to receiving promotional messages from such Affiliate; or
contain false or misleading statements with regard to the ECS and its services; or
do not truthfully identify the source or the originating IP Address from which it was sent; or
do not provide the recipient with an option to be easily removed from receiving future mailings or promotions.
Tracker ID
The unique Tracking ID, which is related to the Tracker URL that the ECS provides exclusively to the Affiliate, through which the ECS tracks and calculates the Affiliate’s Commission.
Tracking URL
The unique hyperlink to the Main Website(s) enabling an Affiliate to refer potential Clients to the Main Website(s), which enables the ECS to identify the Affiliate that has referred such specific Introduced Client for the purpose of calculating the Affiliate’s Commission.
ECS
ECS and its parent undertakings, subsidiary undertakings or subsidiary undertakings of its parent undertakings.
Participation:
In order to participate in the Affiliate Program, an applicant must register the Affiliates Application Form to the Company, as well as provide identification the and other documentation requested by the Company (e.g. Proof of Identity, Proof of Residency, etc.) upon receiving the commissions.
The Company shall assess each Affiliate’s Application Form and documentation and it may, at its sole discretion, either accept or reject the application to join the Affiliate Program and inform the applicant accordingly.
The Affiliate hereby acknowledges and agrees to the terms of this Agreement when it completes and submits the Affiliates Application Form to the Company and clicks on the “I Accept” button or similar buttons or links as may be designated by the Company on the Main Website(s).
The Affiliate Acknowledges and agrees that it is entering into a legally binding contract and fully agrees to abide by and to be bound by all the terms and conditions set out in this Agreement, as they may apply.
The Affiliate hereby waives any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under Applicable Laws and regulations.
Appointment of Affiliate:
Upon acceptance of this Agreement and upon approval of the Affiliate’s Application Form by the Company, the Affiliate shall refer potential Introduced Clients to the Main Website(s) and the Company grants the Affiliate a revocable non-exclusive, non-transferable, non-sub-licensable, and worldwide, limited right to refer potential Introduced Clients to the Main Website(s), subject to the terms and conditions of this Agreement.
The Affiliate shall have no claims to Affiliate’s Commissions generated from Qualified Introduced Clients not referred solely by it to ECS.
Amendments to Revenue Share Plan:
The Company may change the Affiliate’s Plan at any time and at its sole discretion, including, but not limited to, general per cent of revenue share, threshold or minimum purchase and/or other requirements and/or for receiving any Affiliate’s Commission set forth hereunder.
The Affiliate shall be notified of any material changes by email. In the event the Affiliate does not agree to such change, it shall notify the Company within three (3) business days of receiving such notice from the Company and the Agreement shall be terminated immediately. In the event the Affiliate does not notify the Company by email within three (3) business days from receipt of the notice, it shall be deemed as an approval by the Affiliate to such change in the Revenue Share plan.
Costs and Expenses:
The Affiliate shall bear all costs and expenses of any nature (including but not limited to marketing expenses) howsoever incurred in connection with this Agreement. Under no circumstances shall the Company be liable hereunder for any amounts other than the Affiliate’s Commission.
Set-off:
The Company shall, at any time, have the right to set off any losses incurred in respect of, or any debit balances in, any accounts (including any account held with the ECS) in which the Affiliate may have an interest against any sums held by the Company for or to such Affiliate’s credit on any other account (including any account held with the ECS) in which the Affiliate may have an interest. If any loss or debit balance exceeds all amounts so held, the Affiliate must forthwith pay such excess to ECS whether demanded or not.
Time of Payment:
The Affiliate’s Commission shall be paid into the respective Affiliate’s account the first working day of each calendar month in relation to the Qualified Shared Revenue of the previous calendar month. In the event that the total Affiliate’s Commission(s) amount due is less than EUR 200 (or currency equivalent), the Company reserves the right not to execute the payment and carry the balance forward to the next payment period. No payment will be executed for Affiliate’s Commission(s) less than EUR 200.
In the event that the Affiliate’s Commission generated within a period of twelve (12) consecutive months is less than EUR 200, the Company reserves the right to consider the Affiliate’s Commission(s) amount due as void and will be forfeited. In the case that the Affiliate is Non-Active as determined in Section 3.5, the Company also reserves the right to terminate this Agreement with immediate effect, with no liability whatsoever to the Affiliate, by giving notice to the Affiliate in writing.
In the event that this Agreement is terminated for any reason, other than for cause, the Company shall pay the Affiliate the balance of the Affiliate’s Commission(s) that is due and payable to the Affiliate at the time of termination of this Agreement, within sixty (60) calendar days of the end of the calendar month in which the Agreement is terminated by the Affiliate (following the Company’s receipt of the Affiliate’s written notice, including by email, to terminate the Agreement) or by the Company. The Affiliate is solely responsible for providing and maintaining accurate address and other contact information, as well as payment information associated with its Account.
Method of Payment:
All payments will be due and payable in EUR only. Payment will be credited to the Affiliate’s Bank Account or PP, which has been registered when signing up to the Affiliate Program. At the Company’s sole discretion, and if deemed appropriate, the Company may accommodate other methods of payment or currency. Any charges incurred for other methods of payment will be covered by the Affiliate and deducted from the Affiliate’s Commission.
Payments for Qualified Shared Revenue:
In addition to any other terms and conditions set forth anywhere in this Agreement or under any Applicable Laws, the Affiliate shall not be entitled to receive any Affiliate’s Commission for any Introduced Client unless and until such Introduced Client has been approved as a Qualified Introduced Client.
Entitlement to the Affiliate’s Commission
Notwithstanding anything to the contrary, the Affiliate shall not be entitled to receive the Affiliate’s Commission for any Introduced Client if the time frame indicated in Appendix 1, as specified by the Company from time to time, is not met.
Non-Active Affiliate
The Affiliate acknowledges and agrees that the Company may, without further notice, forfeit all funds, payments and other amounts related to this Agreement and that are due to the Affiliate (if any), but which the Company is unable to pay or deliver to the Affiliate because the Affiliate’s account is non-active. For the purposes of this Agreement, “Non-Active Affiliate” shall mean an Affiliate who, based on the ECS’ records:
Has not logged, has no other activity on the Affiliate Account(s) (e.g. clicks, etc.) or has not paid his/her invoices or accepted funds, payments or other amounts that the Company has attempted to pay or deliver for a period of twenty-four (24) months or longer; and
ECS has been unable to reach or has not received appropriate payment instructions from the Affiliate, after contacting him/her at the contact details kept in the ECS’ records.
Holdover for non-compliance
Without prejudice to any other clause in this Agreement or rights that the Company may have, the Company may, in its sole and absolute discretion, withhold, delay or deny payment of the Affiliate’s Commission in any of the following events:
The Company believes or has reasons to believe that the Affiliate’s activities are not in compliance with any Applicable Laws and regulations;
The Company believes or has reason to believe that the payment of the Affiliate’s Commission will Breach Applicable Laws, including MiFID II;
the Company has reasons to believe that the Affiliate’s activity is in breach of this Agreement;
the Company has been notified by any third party of the alleged infringement of property or rights (e.g. intellectual property rights) by the Affiliate or by the Affiliate’s activities.
In case of any of the above events, the Affiliate hereby irrevocably waives any claim or demand against the Company, its directors, officers, shareholders, employees or against the Main Website(s) in respect of such action taken by Company.
Without prejudice to any other provision set out herein, in the event of any dispute with or complaint from an Introduced Client, the Company has the right to withhold any Affiliate’s Commissions due to the Affiliate until such issues are resolved.
Holdover for Fraud Traffic
Without prejudice to any other provision in this Agreement, in the event that any trading activity in the Affiliate’s account or in any account which appears to be controlled/managed by the Affiliate or in any Introduced Client’s account, is deemed suspicious by the Company, in its sole determination the Company may, at its sole and absolute discretion, delay the payment of the Affiliate’s Commission(s) until it investigates and authenticates the relevant trading activity.
In the event that the ECS determines that the activity constitutes Fraud Traffic, the Company, in its sole discretion, is entitled to terminate this Agreement and/or to re-calculate and/or withhold the Affiliate’s Commission accordingly.
Notwithstanding clause above, if the ECS determines that the Affiliate is involved, whether directly or indirectly, in any fraudulent, deceptive, manipulative or otherwise illegal activity connected to the ECS, including, without limitation, to the Main Website, Account(s) or Qualified Introduced Client(s), the ECS shall have the right, in addition to any other right or remedy available to it under this Agreement or Applicable Laws, to render the Tracking URLs assigned to such Affiliate inoperative, and immediately block the Affiliate’s access to the Affiliate’s Program, with no compensation to the Affiliate. The Affiliate hereby irrevocably waives its rights to, and shall indemnify the ECS for any claim or demand made against the ECS, its directors, officers, shareholders, employees or against Main Website or other websites operated by the ECS in respect of the exercise by the Company of its rights in this clause (i.e. clause 3.7).
Introduced Client Tracking
The Affiliate hereby acknowledges that it is aware and agrees that each Introduced Client must register through a Tracking URL to enable such Affiliate to receive the Affiliate’s Commission in relation to such potential Introduced Client(s). In no event shall the Company be liable, and the Affiliate specifically waives any claim or demand in relation to any commissions associated with any Tracking URL that has not been validly received by the Company by the end of the calendar month in which that Affiliate’s Commission arose, or for failure of the Affiliate or any Introduced Client/potential Introduced Client to use the relevant Affiliate’s Tracking URL.
Payment Disputes:
The acceptance of a payment made by the Company to the Affiliate will be deemed full and final settlement of the Affiliate’s Commission due for the corresponding calendar month. In case the Affiliate disagrees with the Report or amount payable, the Affiliate must NOT accept payment for such amount and immediately send a written notice of dispute within thirty (30) calendar days of the end of each month for which payment is made, otherwise the right to dispute the Report or payment will be deemed waived and the Affiliate shall be deemed to have waived any and all rights in relation to such Report or such payment and have waived any claims of restitution and/or unjust enrichment.
Tax:
It is the Affiliate’s sole responsibility to comply with any tax laws that apply to the Affiliate’s Commission and the Affiliate consents that to the extent required by Applicable Laws and regulations, the ECS may provide information regarding the Affiliate’s Commission to any governmental and/or judicial body/authority.
The payments made under this Agreement are for use by the Affiliate only and shall NOT be transferred or in any other manner passed on to a third party.
Additional Terms of Participation in the Affiliate’s Program
Provision of Information
The Affiliate shall provide true and complete information to the Company at all times, as may be requested by the Company from time to time. The Affiliate acknowledges that it is aware that prior to receiving any Affiliate’s Commission, the Affiliate must provide all information as may be requested by the Company, including any information required pursuant to Applicable Laws. Such information shall include, but is not limited to, the following:
Individual
Proof of Identity and Proof of Residence documents;
Date of Birth;
Contact Information;
Location and nature of activities;
VAT registration and/or other tax reference; (vi) Bank details for Commission remittances.
Company
Registration name;
Company’s registration number;
Country of registration;
Registered office address;
Regulatory/Licencing registration number, if applicable;
Proof of Identity and Proof of Residence documents for all of the ultimate beneficial owners;
VAT and/or other sales tax reference;
Bank details for Commission remittances.
On the occurrence of failure to comply with the above, or in the case that any such documents appear to be/are digitally edited, the Company reserves the right to consider any Affiliate’s Commission(s) generated as void and/or terminate the business relationship with the Affiliate.
Marketing Materials:
The Affiliate’s marketing materials shall comply with the guidelines provided by the ECS and the restrictions set forth herein.
The Affiliate is required to obtain the Elite CurrenSea’s written approval prior to uploading any information, marketing material or functionalities relating to the ECS and its services. The Affiliates shall not be allowed to alter any of the marketing material provided by the ECS. In circumstances where the Affiliate intends to change the ECS’ information, marketing material, or functionalities that were initially provided and approved by the ECS, the Affiliate needs to obtain a new approval from the ECS before it proceeds with such changes. The marketing material may be used by the Affiliate only upon receiving the explicit written approval by the ECS, which may be denied at the ECS’ sole and exclusive discretion.
In the event that the Affiliate makes use of any marketing material not approved by the ECS, the Company shall have the right, in addition to any other right or remedy available to it under this Agreement or Applicable Laws, to render the Tracking URLs assigned to such Affiliate inoperative, and immediately block the Affiliate’s access to the Affiliate Program and deny any Affiliate’s Commission, with no compensation to the Affiliate. The Affiliate hereby irrevocably waives any claim or demand against the ECS, its directors, officers, shareholders, employees or against the Main Website(s) in respect of such action taken by the ECS.
Compliance with Product Governance and the Inducements Rule
The Affiliate undertakes to comply with Applicable Laws including any applicable local Law while conducting marketing activities, including, but not limited to, MiFID II.
The Affiliate acknowledges that under MiFID II, the undertakings within the ECS that are established and authorised in the European Union, in their capacity as manufacturers and/or distributors of Financial Instruments, are required to identify their target market of Clients (as defined in the Client Agreement/Terms and Conditions of Business between the Company and its Clients). Therefore, Affiliates shall ensure the following:
the Financial Instruments promoted and/or marketed are compatible with the needs, characteristics and objectives of the Company’s target market as set out in the Client Agreement/Terms and Conditions of Business between the Company and its Clients and as communicated to the Affiliate by the ECS from time to time;
the Financial Instruments are promoted and/or marketed in a way that is compatible with the applicable requirements in MiFID II and specifically the target market;
the Affiliate undertakes that it will conduct marketing activities under this Agreement that are compatible with the target market; and
the Affiliate shall only undertake marketing activities in circumstances where the Affiliate considers it reasonable that such marketing activities will, generally and largely, only be seen by or engaged with by persons who comprise the target market.
The ECS may require the Affiliate to provide information on its marketing activities and/or provide any other information as requested, to enable the ECS to assess the Affiliate’s compliance with its obligations under this Agreement, including its obligation under Clause 4.3.
Restrictions:
All Affiliate’s activities must be professional, proper and in full compliance with all Applicable Laws, including local Law, and the Affiliate will be solely responsible for its activities.
The Affiliate shall not hold itself out to be an undertaking of the ECS or its agent. For the avoidance of doubt, nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
The Affiliate cannot use any ECS logo in any correspondence, business cards or electronic transmissions etc., unless authorised to do so by the ECS in writing.
The Affiliate acknowledges that it is not allowed to register a business that includes the wording “ECS” or “SonderSpot OUt” in its name. Furthermore, the Affiliate acknowledges that it is not allowed to register and/or operate a domain name that includes the wording “ECS” or “SonderSpot OU” in its name.
An Affiliate and its website, to the extent the Affiliate operates through a website, shall not be engaged, directly or indirectly, in activities that the ECS, at its sole discretion, deems to be illegal, improper, offensive, unfair or otherwise adverse to the operation or reputation of the Main Website(s) or detrimental to other users of the Main Website(s), including without limitation, to:
The operation of an illegal business, site or subscription email list;
Engaging in any illegal activity of any type, including but not limited to, displaying illegal content on the Affiliate’s website or in the Affiliate’s subscription emails or offering any illegal good or service through the Affiliate’s website or subscription emails;
the operation of a website that contains or promotes content that is libellous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, pornographic, related to gambling or link to a website that does so;
promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
manipulating keyword searches on portals and/or search engines that conflict with the ECS’ ones;
misrepresenting themselves as the Main Website(s) by co-opting the visual “look and feel” of or text from the Main Website(s) or otherwise violate the ECS’ Intellectual Property rights, including, without limitation, “scraping” text or images from the Main Website(s) or the ECS’ managed Banners and/or Text Links, search marketing or all other online and offline campaigns;
including “ECS” or “SonderSpot OU” or variations or misspellings thereof in the Affiliate’s domain names;
do not clearly make available an online privacy policy to visitors of its website;
engaging in indiscriminate or unsolicited commercial advertising emails;
placing links to any Main Website(s) in spam or unsolicited promotions, banner networks, counters, guest books, IRC channels or through similar Internet resources;
causing or enabling any transactions to be made that are not in good faith, including among
others by means of any device, program, robot, hidden frames and redirects, and “bogus” traffic (in each case without derogating from other remedies the ECS may have in law, equity or otherwise);
offering any Introduced Client, whether directly or indirectly, any kind of rake-back deal, arrangement for payment or portion of the Affiliate Fee, or any other incentive which may be considered to be a ‘fee-sharing arrangement’, ‘rebate’, or ‘soft dollar’ compensation between Affiliate and Introduced Client.
diluting, blurring or tarnishing the value of the ECS trademarks;
unauthorized use of any third party’s intellectual property (including, but not limited to, trademarks); or
) completing any account opening questionnaire on behalf of any potential Clients and/or Introduced Client.
The ECS shall have the right, in addition to any other right or remedy available to it under this Agreement or Applicable Laws, to render the Tracking URLs assigned to such Affiliate violating the restriction herein, as inoperative and immediately block the Affiliate’s access to the Affiliate’s Program, with no compensation to such Affiliate. The Affiliate hereby irrevocably waives any claim or demand against the ECS, its directors, officers, shareholders, employees or against the Main Website(s) in respect of such action taken by the ECS.
The Affiliate shall not authorize or encourage any third party to:
directly or indirectly generate the use of the online services offered by the ECS through any automated, deceptive, fraudulent or other invalid means, including, but not limited to, through repeated manual clicks, the use of robots or other automated tools and/or computer-generated queries, and/or the unauthorized use of other search engine optimization services and/or software;
edit, modify, filter, truncate or change the order of the information contained in any part of the Main Website(s), or remove, obscure or minimize any part of the Main Website(s) in any way without authorisation from the ECS;
frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by a Client after clicking on any part of the Main Website(s);
redirect any Client away from the Main Website(s);
provide a version of any webpage of the Main Website(s) that is different from the page an end-user would access by going directly to the Main Website(s);
intersperse any content between the Main Website(s) and the applicable landing page on the Main Website(s) or otherwise provide anything other than a direct link from the Affiliate’s website(s) to a relevant landing page on the Main Website(s), as approved by the Company in accordance with this Agreement;
“crawl”, “spider”, index or in any non-transitory manner, store or cache information obtained from or pertaining to any Client who has been or is identified as solicited by and introduced and/or referred to the Main Website(s) via his/her tracker(s), or any part, copy, or derivative thereto; oract in any way that violates any various policies posted on the Main Website(s), as may be revised from time to time, or included in any other agreement between the Affiliate and the Company (including, without limitation in this Agreement);
engage in any action or practice that reflects poorly on the ECS or otherwise disparages or devalues the ECS’ reputation or goodwill.
Except as expressly otherwise provided for in this Agreement, and only if and to the extent provided herein, the Affiliate is prohibited from sending e-mails to promote the ECS, the Main Website(s), the Company’s Affiliate Program and/or the products and services offered by the ECS.
Age:
In order to participate in the Affiliate Program, the Affiliate must be aged 18 years or older.
Links / Trademarks and Logos / Data Ownership:
Subject to the terms of this Agreement, the Company grants to the Affiliate a revocable, non-exclusive, non-transferable, non-assignable, non-sub-licensable, worldwide limited licence to display on such Affiliate’s website the marketing material provided by the ECS for the sole purpose of providing a link from such Affiliate’s website, which website has been confirmed by the ECS as included in the Affiliate’s Program, to the homepage of the Main Website(s) (but no other page) via the Tracking URL(s) provided by the ECS. No framing of any webpage or of the Main Website(s) is permitted.
The Affiliate, and anyone on the Affiliate’s behalf, shall not assert the invalidity, unenforceability, or contest the ownership of any of the ECS trademarks, logos or other marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice the ECS rights in any of the ECS trademarks, logos or other marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
Except as explicitly permitted herein, nothing in this Agreement or on the Main Website(s), should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any of the ECS trademarks, logos or other marks.
All Introduced Clients shall be considered as Clients of the ECS only. The ECS shall be the sole and exclusive owner of the database of names and contact information and any other data of all Introduced Clients, including Introduced Clients identified by a Tracker ID. The Affiliate may not contact an Introduced Client without receiving the ECS’ prior written approval for such contact. If, in the ECS’ opinion, the Affiliate either tries to, or does, make contact with an Introduced Client without its prior written approval, the Company shall be entitled to immediately terminate this Agreement and to withhold all Affiliate’s Commissions owed to the Affiliate at such time. The Company reserves the right to withdraw such approval at any time and at its sole and absolute discretion if deemed necessary. The Affiliate agrees that the ECS may access information from or about visitors to the Affiliate’s website and may use such information for any purpose.
Non-Competitive Marketing:
It is hereby clarified that the Affiliate shall not be entitled to market to potential Clients:
on any internet site or social network on which the ECS promotes the Main Website(s) (e.g. Facebook.com, Twitter.com, etc.);
on any internet search engine on which the ECS promotes the Main Website(s) (e.g. Google.com, etc.);
in any other manner which results in the Affiliate competing with the ECS in relation to the promotion of the Main Website(s) including, but not limited to, the promotion of your website(s) through other Affiliates;
any other online software, application, or other platform enabling online trading similar to and/or competitive with the ECS trading platform;
In the event that the Affiliate is in breach of the foregoing provisions, the ECS reserves the right, in addition to any other right or remedy available to it under this Agreement or Applicable Law, to render the Tracking URLs assigned to the Affiliate inoperative and immediately block the Affiliate’s access to the Affiliate Program. The Affiliate shall have no claims and/or demands against the ECS, its directors, officers, shareholders or employees in respect of such action taken by the ECS.
Warranties and Representations:
The Affiliate hereby warrants and represents the following:
it has and will have, at all times, the requisite capacity and authority to enter into this Agreement;
it does not require authorisation to provide the services, or, if it does, it already has the requisite authorisation, licence and permission and that it will promptly notify the ECS in writing if there is any change in such authorisation, licence and permission;
all of its activities shall be conducted in a professional, proper and lawful manner, in full compliance with Applicable Laws and regulations and the terms of this Agreement;
it does not act as an agent or employee or representative of the ECS. The Affiliate is independent of the ECS and shall have no authority to bind the ECS in any way;
it shall NOT provide any investment advice or discretionary management services to Clients;
it shall not issue any marketing, advertising or distribute any promotional material, whether on the internet or otherwise, about the ECS (except for the marketing materials) without the ECS express prior written consent;
it shall not make any misrepresentations regarding the ECS, its services and licenses;
it shall not receive and/or transmit orders to the ECS for and/or on behalf of the ECS Clients;
it shall not direct or influence any Client with regards to his trading or funding preferences;
it shall not transmit any money to the Company for and/or on behalf of the ESC’ Clients;
it shall disclose to the Elite CurrenSea promptly any information regarding a complaint, regulatory investigation, or disciplinary action or any other development that may have a material impact on the Affiliate’s ability to provide the services hereunder in accordance with the Applicable Laws and regulations;
that it conducts its business in a manner that is consistent with the UK Modern Slavery Act 2015 (or similar legislation), where relevant.
The Affiliate hereby expressly acknowledges and agrees that upon reasonable written notice by the Company and, at its request, the Affiliate shall cooperate with the any relevant regulatory authority of the Company in relation to the matters covered by this Agreement.
The ECS its sole discretion, accept or reject any prospective Client introduced by the Affiliate and has the right to terminate the business relationship with any Client at any time.
This Agreement does not grant the Affiliate the right or privilege to assist the ECS in the provision of services to any Clients including Qualified Introduced Clients arising from the Affiliate’s referrals and introduction. The ECS shall be responsible for all services to Clients. For the avoidance of doubt, the ECS alone shall be responsible for setting and negotiating any fees, payments or commissions which it receives from its Clients.
The Company’s Client Agreement/Terms and Conditions of Business are set out in the Main Website under.
The Affiliate hereby consents that the ECS may disclose certain information about the Affiliate, including, but not limited to, the Affiliate’s Commission(s) and performance statistics:
where it is required to by Applicable Laws;
to regulatory authorities upon their reasonable request, pursuant to Applicable Laws and regulations;
to such third parties as the Company sees fit to assist in enforcing its legal or contractual rights against the Affiliate, including but not limited to, legal advisors.
The Affiliate acknowledges and agrees that any attempted participation or violation of any of the foregoing, as well as any deviation from the standard interpretation of this Agreement, is a material breach of this Agreement and that the Company may pursue, at the Company’s sole discretion, any applicable legal and equitable remedies against the Affiliate, including, but not limited to, the immediate suspension of the Affiliate’s Account(s) with the Company and/or the withholding/cancelation of any Affiliate’s Commission(s) generated and/or the immediate termination of this Agreement, without prior notice being required and/or the pursuit of all available civil or criminal remedies. Under no circumstances shall the Company be held responsible and/or liable for any deviation from the Terms and Conditions by the Affiliate, including, but not limited to, the provisions regarding marketing/promotions made by the Affiliate.
Limitation of Liability
In no event shall the ECS, its officers, directors, shareholders, employees, service providers or suppliers be liable for:
lost profits or data; or
any special, incidental or consequential damages, which arise out of (or in connection with) the Main Website(s), the ECS’ services and/or its trading platforms, or this Agreement (however arising, including negligence) and including, without limitation, as a result of any failure or malfunction of any software, hardware, communication technology or other system.
Subject to clauses above, in aggregate, the Company’s liability to the Affiliate in any circumstance is limited to the greater of:
(a) the aggregate of the fees paid by the Company to the Affiliate in the twelve (12) months prior to the act or omission giving rise to liability; or
(b) EUR 1,000.
Nothing in this Agreement shall limit or exclude the liability of either party for:
death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); or
fraud or fraudulent misrepresentation.
No Warranties; Indemnification
To the fullest extent permitted under Applicable Laws, notwithstanding anything to the contrary, the ECS disclaims all warranties, express or implied, including but not limited to all implied warranties of non-infringement, merchantability and fitness for a particular purpose, with respect to the Affiliate Program, the Main Website(s), links in the Main Website(s), or the Main Website(s) being accessible or free of errors, viruses or security threats.
The Affiliate agrees to indemnify, defend and hold harmless the ECS, its directors, officers, shareholders, employees, service providers and suppliers from and against any and all liability, claims, costs, expenses, injuries and losses, including reasonable legal fees and costs, arising directly or indirectly in connection with the Affiliate’s breach of any terms of this Agreement, operations or website or out of any disputes between the Affiliate and any other party relating to this Agreement, the Main Website(s), the Affiliate’s activity or to services provided by the ECS. The Company may deduct such amounts to indemnify the ECS, its directors, officers, shareholders, employees, service providers and suppliers for any claims arising, or resulting from, or relating, to the matters brought forth in this clause, from any outstanding Affiliate’s Commission due to the Affiliate and held by the Company and/or any other funds whatsoever due to the Affiliate and held by the Company.
The Company shall not be in breach of this Agreement and shall not be liable or have responsibility of any kind for any loss or damage incurred by the Affiliate as a result of any total or partial failure, interruption or delay in the performance of this Agreement occasioned by any act of God, fire, war, civil commotion, labour dispute, act of government, state, governmental or supranational body or authority, or any investment exchange and/or clearing house, inability to communicate with market makers for whatever reason, failure of any computer dealing system or any other breakdown or failure of transmission in communication facilities of whatever nature between the ECS and the Affiliate or any other third-party whatsoever, or any other reason (whether or not similar in kind to any of the above) beyond the ECS’ reasonable control (a “Force Majeure Event”).
Confidentiality and Personal Data Protection
The Affiliate shall keep all information confidential and shall not disclose to any third party any of the terms of this Agreement or any information incidental or related thereto the business of the ECS’ (other than such terms or information which comes into the public domain), unless it is required under any Applicable Law or by any regulatory or governmental body or obtained by the ECS’ written consent. Notwithstanding anything to the contrary in this Agreement or the termination of this Agreement, this clause shall continue to have effect and be binding on the Affiliate without any time limit.
The Affiliate hereby expressly acknowledges, agrees and undertakes not to attempt to access or access any personal data in relation to Clients (i.e. potential, new or existing Clients), without the express prior written consent of the ECS.
The Affiliate expressly acknowledges, agrees and undertakes that it shall comply at all times with all applicable data protection laws and regulations.
In the event that personal data are collected by the Affiliate, he/she shall provide the relevant data subjects (i.e. Clients) with the information required by all Applicable Laws and regulations pertaining to personal data protection and where required, shall obtain the prior written consent of all “Data Subjects” concerned.
Notices and Communication
Unless otherwise specified, the Affiliate shall send any notice, instruction, request or other communication in writing via email to [email protected].
Information may be provided by the ECS to the Affiliate in paper format or by email to the Affiliate’s email address provided during his/her registration.
All notices/information provided by the ECS or received from the Affiliate should be in the English language.
Independent Investigation
The Affiliate acknowledges that the Affiliate has read this Agreement and agrees to all its terms and conditions. The Affiliate has independently evaluated the desirability of participating in the Affiliate Program and is not relying on any representation, guarantee or statement other than as set forth in this Agreement.
Termination
Any changes to the Agreement shall not apply to the Affiliate’s Commissions earned in relation to transactions performed prior to the date on which the changes become effective unless specifically agreed otherwise. The Company shall notify the Affiliate of any changes in the Agreement at least five (5) business days prior to the amendments coming into force. Should the Affiliate disagree with the changes, it may terminate the Agreement in accordance with paragraph 13.2 below.
Either Party (i.e. Company or Affiliate) can terminate the Agreement by giving five (5) business days written notice to the other party.
The Company reserves the right to terminate or suspend without notice, this Agreement or any rights of the Affiliate that it may possess under the provisions of this Agreement due to any malpractice, breach of any provisions of this Agreement, failure of compliance with Applicable Laws and regulations or other significant event, including liquidation or insolvency on the part of the Affiliate. Such termination will be at the sole discretion of the Company.
Upon termination of the Agreement, the Affiliate is obliged to return to the Company any ECS materials used to promote his business (e.g. newsletters, banners, text, etc.). In the case where the Affiliate maintains a website and is using any ECS’ materials, it is obliged to immediately withdraw all such materials upon termination of said Agreement.
Upon termination of this Agreement, the Company shall pay the Affiliate all the Affiliate’s Commission due as set out in this Agreement.
Without prejudice to any other provisions set out herein, the Company may terminate this Agreement forthwith for cause, upon written notice to the Affiliate, if:
it becomes unlawful for the Company and/or the Affiliate to perform or comply with any one or more of the Affiliate’s obligations under this Agreement; or
in the event of any change in Applicable Laws or regulations
Governing Language and Jurisdiction
This Agreement, as well as any additional agreement hereto (both present and future) is made in English. Any other language translations are provided as a convenience only. In the case of any inconsistency or discrepancy between the original English texts and their translation into any other language, the original versions in English shall prevail.
This Agreement and all transactional relations between the Affiliate and the Company are governed by the Laws of the country of incorporation of the Company and the relevant Courts in this country shall have exclusive jurisdiction.
Appendix 1
Qualified Introduced Client
Subject to the definition in Section 1 herein above, the following additional conditions shall also be met, on a cumulative basis, in order for an Introduced Client to be approved as a “Qualified Introduced Client”:
the individual has been approved by the ECS and has made total purchase of at least EUR 75 (or currency equivalent), or such other minimum amount as may be specified by the Affiliate Program from time to time; and
the individual has:
not asked for refund or was not detected as fraudulent
Commissions Structure
The Affiliate’s payment depends on the country of residence of the Qualified Introduced Client.
For example, you will receive a different payment for a Qualified Introduced Client purchasing SWAT might receive a higher per cent of revenue than for CAMMACD. Please refer to the list below and to the examples in below:
Product
Commission
SWAT
20%
CAMMACD Full
15%
ecs.LIVE
20%
Sub-Referral
30%
Lifetime commissions is paid on any revenue arising for a referred client, excluding refunded amounts
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish.AcceptRejectRead More
Privacy & Cookies Policy
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.