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.

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:

Appointment of Affiliate:

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:

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:

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:

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.

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.

Additional Terms of Participation in the Affiliate’s Program

Provision of Information

Individual

Company

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.

Restrictions:

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);

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.

Age:

In order to participate in the Affiliate Program, the Affiliate must be aged 18 years or older.

Links / Trademarks and Logos / Data Ownership:

Non-Competitive Marketing:

It is hereby clarified that the Affiliate shall not be entitled to market to potential Clients:

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 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.

Limitation of Liability

(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.

Confidentiality and Personal Data Protection

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

Governing Language and Jurisdiction

Appendix 1

Qualified Introduced Client

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

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