Your agreement with the terms and conditions of this Affiliate Agreement (hereinafter referred to as the
Agreement”) with LIVINGTONE OVERSEAS INC, a company with its registered address at
Tortola Pier Park, Building 1, Second Floor, Wickhams Cay I, Road Town, Tortola, British Virgin Islands
(hereinafter referred to as the “Company”) is by ticking the box I have read
agreed to the “Affiliate Agreement” in the Registration Form (Participation form) of the Company’s affiliate
(also Affiliate program, Program).
IF YOU DO NOT AGREE TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AFFILIATE AGREEMENT, PLEASE REFUSE TO PROMOTE
COMPANY’S WEBSITE AND TO ATTRACT CLIENTS TO THE COMPANY.
1. User account: a unique record in the Company’s Customer accounting system created after the completion of the
registration process for each Company’s Customer Client who filled in the Registration Form on any of the
Customer Websites (also the Website / Websites).
2. Affiliate: a natural person or a legal entity that filled in the Registration Form in the affiliate program
was provided at the Company’s sole discretion with confirmation of inclusion in the affiliate program and
of a Tracking Identifier linked with the Website or Websites in accordance with the terms and conditions of the
3. Affiliate Remuneration: the amount of money is to be paid to the Affiliate according to (1) the Remuneration
Plan, (2) the rates for Engaged Affiliates (if applicable) and (or) rates for Sub- affiliates (if applicable),
solely on Company’s data and calculations provided in the corresponding Report.
4. Affiliate Section (Affiliate Account): a part of the affiliate program where the Affiliate may review
register the Engaged Affiliates, create additional Tracking Identifiers, chose Banners and Text links, and carry
other operations. The Company reserves the right to add and (or) delete any tools in the Affiliate Section at
time at its sole discretion without further appeal and, inter alia, without notification of such amendments.
5. Banners and Text Links: any graphic, image, animation, creative work or text elements using by the Affiliate
promote the affiliate program and (or) to redirect Clients from the Affiliate’s website to the Website or
6. Premium (bonus): incentives for Clients for time to time paid or rendered to encourage their activity.
7. Remuneration Plan: a pay-for-action plan, a plan with allocation of incomes, or a hybrid plan. The
Plan is contained in the Affiliate Account and may be changed by the Company at any time without the Affiliate’s
8. The Company’s designations: means trademarks, tradenames, designations of services, banners and text links,
advertising means, and logos of the Company, Company’s Customer, its clients, counterparties and affiliate
located at the Trade platform or used by the Company in any other way in connection with its activity, as well
all analogue property rights, any concerning translations, adaptations, derivatives, combinations, applications,
registrations and renewal of registrations, along with all the rights to the corporate names, metatags and
resource locators, and domain names owned and used by the Company, Company’s Customer, including but not limited
“OLYMP TRADE”, and other designations that can be used by the Company.
9. Pay-for-action plan: the Remuneration Plan for the Affiliate according to which the Affiliate acquires the
Affiliate Remuneration depending on the amount of Qualified clients moved from the Affiliate to the Website or
Websites. The Affiliate Remuneration is located in the Affiliate Section and the Company is entitled to update
its sole discretion and, inter alia, without notification of Affiliates.
10. Fraudulent traffic: all replenishments, a gross margin or traffic produced fraudulently or unscrupulously on
Website or Websites for the purpose of deceiving the Company regardless of whether it resulted in actual damages
not. The fraudulent traffic includes, inter alia, spam, false advertising, debit funds from stolen credit cards,
conspiracies, sham in relation to services, systems, premiums or advertising, offers for direct or indirect
separation of the Affiliate Remuneration with Clients, as well as any unauthorized use of user accounts,
or trademarks owned by third parties, along with other traffic that was defined by the Company at its sole
discretion as provided in bad faith. In case of revelation of the Fraudulent traffic, the Company may repudiate
Affiliate Agreement on a unilateral basis, block the Affiliate’s access to the affiliate program, and seize all
funds payable to the Affiliate.
11. Gross margin: total revenues actually received by the Company’s Customer from each Client as a result of the
Clients’ activity on the Trading platform exclusive of the paid Premiums, chargebacks, and income from the
activity that is not subject to the collection.
12. Hybrid plan: the Remuneration Plan for the Affiliate according to which the Affiliate acquires the Affiliate
Remuneration in conformity with the number of Qualified clients attracted to the Website or Websites with the
olymptrade.com (“The Part of the Hybrid pay-for- action plan”), and also some amount of the Gross margin
that Affiliate (“The Part of the Hybrid plan with allocation of incomes”). The Affiliate Remuneration is to be
according to the Hybrid plan will be located in the Affiliate Section. The Company may at its sole discretion
it, and, inter alia, without notification of Affiliates.
13. Advertising materials: any materials the Affiliate uses for promotion and engagement of Clients or any other
actions connected with the Company’s Customer, the Website or Websites, including Banners, Text links and any
materials for making links or redirecting of the Clients from the Affiliate’s website to the Website or Websites
with the domain olymptrade.com.
14. Inactive Affiliate: any Affiliate which referral link results in the registration of less than 12 (twelve)
Qualified clients for the period of 12 (twelve) months either directly or through the Engaged
15. Program: the affiliate program of the Company which terms and conditions are provided on the website
16. Participation form: Form of registration in the Affiliate program, located at Website of the program.
17. Qualified client: a natural person – visitor, which was redirected from the Affiliate’s website or defined
Tracking Identifier, or via entered bonus code that are aligned with this Affiliate assuming that: (1) the
is confirmed by the Company as a participant of the Program and is connected with the Company’s Customer Website
Websites in accordance with the Affiliate Agreement; (2) this visitor was registered and was verified by the
Company’s Customer and lodged a cash deposit in the amount not less than minimum sum according to the terms and
conditions of the Program that may be changed on a unilateral basis be the Company; (3) using the Pay-for-action
plan or the Hybrid plan the Company’s Customer received from this Client the total Gross Margin in the amount
not less than the sum that is determined by the Company on a unilateral basis
and may be changed for the purposes of this Program; (4) this visitor has not registered yet on the Company’s
Customer Website or Websites under another name or using another login details. It is hereby clarified that the
Affiliate and any its Related persons are not entitled to become Qualified clients exploiting the Tracking
Identifier of this Affiliate. If such registration is done, the Affiliate will not acquire the Remuneration
according to this Affiliate Agreement or any other remuneration. For the purposes of this clause the definition
“Related persons” includes the following: (1) all close relatives of the Affiliate; (2) any natural persons or
entities, partnerships, joint ventures, trusts and any other incorporated or unincorporated businesses, directly
indirectly controlled by the Affiliate, or controlling companies or companies with the same controlling
18. Engaged Affiliates: any natural persons or legal entities engaged by the Affiliate in participation in this
Program who were approved by the Company as participants of this Program with the rights of the Affiliate.
19. Report: information about Affiliate Remuneration, the Clients’ activity and other data that relate to the
Affiliate. The Report is provided to the Affiliate by the Company via The Affiliate Section.
20. Plan with allocation of incomes: the Remuneration Plan for the Affiliate according to which the Affiliate
acquires the Affiliate Remuneration in some amount of Gross Margin related to this Affiliate.
21. Website or Websites: the website olymptrade.com or any other websites that may sometimes be added by the
at its sole discretion.
22. Spam or undesirable promotion: any electronic mails and other communication tools that are used by the
directly or indirectly, including posts in social media, news publics, forums, chats and other online resources
that: (1) are addressed to the third parties that did not give prior consent to the receipt of advertising
from this Affiliate; (2) contain false or deceptive statements; (3) define a source of message or IP address of
sender in an unreliable manner; (4) do not provide for a recipient a simple opportunity to refuse the subsequent
receipt of similar mails or messages.
23. Sub-affiliate: any natural person or legal entity attracted by the Affiliate to participation in the Program
a capacity as Sub-affiliate that was approved by the Company. The amount of the Sub-affiliate’s Remuneration is
determined by the Company on a unilateral basis in the Affiliate Section. Unless otherwise specified in this
Affiliate Agreement or in the Affiliate Section, all rights and obligations of the Affiliate are considered as
rights and obligations of the Sub-affiliate.
24. Tracking Identifier: a unique tracking identifier linked with a concrete tracking URL-address or a bonus
that the Company provides for exclusive usage by the Affiliate. Basing on the Tracking Identifier the Company
monitors the Affiliate’s actions and calculates the Affiliate Remuneration.
25. Tracking URL-address: a unique hyperlink to the Website or Websites that affords the Affiliate to redirect
potential clients to the Website or Websites and affords the Company to monitor which of the Affiliates
concrete Client and basing on this information to calculate the Affiliate Remuneration.
26. Trademarks: all registered trademarks, as well as non-registered trademarks, service marks and logos
on the Website or Websites.
27. Client: any of the Company’s Customer Clients (users of the Trading Platform) who passed the registration
procedure on the Website or Websites and, if applicable, the verification procedure.
28. Trading Platform: a technological system of Company’s Customer intended for online trading that enables its
users to conclude deals with real currencies and virtual currencies derivatives and to obtain all relevant
of the Company’s Customer provided on the Website or Websites.
29. Company’s Customer: International business company INLUSTRIS LTD. with its principal place of business at
Floor, First St Vincent Bank Ltd Building, James Street, Kingstown, St. Vincent and the Grenadines, registration
number 25161 IBC 2018, which holds rights in Trading Platform and Website (Websites) and provides services to
Clients through it. For avoidance of doubt the Company is not involved in any activities of the Company’s
other than attraction of clients to the Trading Platform.
30. Marketing Policy - requirements for marketing materials promoting Trading Platform:
2. The Affiliate program
1. Participation. To participate in the Program an applicant is required to fill in the Participation form in
Program. The Company at its sole discretion may decline without a reason the participation of the applicant. The
Company considers all the Participation forms in the Program and informs each applicant about the decision of
Company regarding the Participation form in the Program. During the application process, the Company may request
any documents, including personal identification documents, certificates of incorporation, extracts from the
register, and any other documents commonly requested during the KYC procedure. In case of failure to provide the
documents or in case of provision of false documents and forgeries, the Company may disallow the applicant’s
registration in his capacity as the Affiliate. In case of a positive decision, the applicant becomes the
2. Assignment of the Affiliate:
1. After the Company approves the applicant’s Participation form in the Program and the Affiliate Agreement is
concluded (by review and acceptance of the Affiliate Agreement on the Company’s Website), the Company confers a
non-exclusive and a non-transferable right to redirect potential clients, Qualified clients and Engaged
to the Website or Websites subject in compliance with the terms and conditions of the Affiliate Agreement.
2. The Affiliate Agreement does not provide for the Affiliate any exclusive rights or privileges regarding the
Company’s help in rendering services concerning the Engaged Affiliates. The Company intends to enter into
with other Affiliates and engage them in rendering the same services or analogous to rendered by the Affiliate.
Affiliate does not acquire any rights to the remuneration for the Clients and/or Qualified clients and/or
Affiliates attracted solely by this Affiliate.
3. For the purpose of fulfilling the obligations under the Affiliate Agreement the Affiliate is granted a simple
(non-exclusive) license to use the Company’s software. The period of license validity is limited by the term of
Affiliate Agreement between the Company and the Affiliate.
3. Remuneration Plan:
1. Pursuant to compliance with all the applicable legal provisions and taking into account the consent of the
Company, the applicant may choose one of the Remuneration Plans in the Participation form. The Affiliate can not
change the selected Remuneration Plan afterwards except as expressly specified by the Company.
2. The Company may change the Affiliate’s Remuneration Plan at any time at its sole discretion after giving
notice to the Affiliate via electronic mail or without such notification. If the Affiliate does not agree with
changes, he shall notify the Company of this fact via electronic mail within 3 (three) days upon the receipt of
notification or upon the moment when the respective updated conditions were rendered in the Affiliate Section.
this case, the Affiliate Agreement is to be considered as immediately repudiated. If the Affiliate does not
the Company of his disagreement within 3 (three) days, it will be considered as the Affiliate’s consent to the
updated Remuneration Plan. It is hereby clarified that the Affiliate acquires the Remuneration for the Clients
the respective Tracking Identifier engaged prior to the date of the aforesaid changes in accordance with the
Remuneration Plan that was in force as of the date of the registration of such Clients on the Website or
4. Engaged Affiliates. Pursuant to the Company’s prior written notice Affiliates are entitled to engage any
parties in the capacity of the Engaged Affiliates who were not registered and were not registered in the
the Affiliates. As an obligatory prerequisite for the registration of the Engaged Affiliate, the Engaged
must indicate in his Participation form in the Program, which Affiliate engaged him. It is permitted to indicate
only one Affiliate. If the Company at its sole discretion decides to approve such Engaged Affiliate, the fact of
approval will be included in the Report.
5. Expenses and costs. The Affiliate solely bears all the expenses and costs of whatsoever nature connected with
execution of the Agreement. Under no circumstances will the Company pay any amounts in excess of the Affiliate
Remuneration under the Affiliate Agreement.
3. Tracking and payment.
1. Affiliate Remuneration. The Affiliate Remuneration is calculated as follows:
1. Plan with allocation of incomes: the Affiliate Remuneration is determined as a percentage share of the Gross
margin for the Qualified clients engaged by that Affiliate according to the tracking data. The relevant
is to be contained in the Affiliate Section and the Company may update it at any time at its sole discretion.
2. Pay-for-action plan: the Affiliate Remuneration for each Qualified client engaged by the Affiliate to the
or Websites is to be contained in the Affiliate Section and the Company may update it at any time at its sole
3. Hybrid plan: the Affiliate Remuneration for each Qualified client engaged by the Affiliate to the Website or
Websites, and the corresponding percentage share of the Gross margin for the Qualified clients engaged by that
Affiliate according to the tracking data, are to be contained in the Affiliate Section and the Company may
at any time at its sole discretion.
4. Remuneration for Engaged Affiliates: the Remuneration for Engaged Affiliates regarding each Engaged Affiliate
is determined as a percent (contained and for time to time updated in the Affiliate Section) of the Gross margin
acquired by the Company from the Clients with the Tracking Identifier relevant to this Engaged Affiliate.
5. Remuneration for Sub-affiliates: the Company pays the Remuneration to each Sub-affiliate in accordance with
terms and conditions of Remuneration’s payment to Affiliates if otherwise is not specified in the Affiliate
Agreement, the Affiliate Section and does not follow from the nature of the obligation.
2. Tracking and payment. The Company will track the activity of each Client for the purpose of the Affiliate
Remuneration calculation. The relevant information will be available to the Affiliate in the Affiliate Section. The
Affiliate Remuneration will be paid over the term stipulated by the Company in accordance with the information
provided in the Report.
3. The Company may change, add, and terminate any methods of the Remuneration’s calculation at its sole discretion.
The corresponding information is to be rendered in the Affiliate Section.
4. Time limit for payment. The Affiliate Remuneration is to be paid within 5 (five) days after the Affiliate files
an application for the Affiliate Remuneration’s payment. The Affiliate can file the application for the Affiliate
Remuneration’s payment if the amount of the Affiliate Remuneration due and payable to the Affiliate is not less than
10 USD. The Company at its sole discretion my change on a unilateral basis the minimum sum of the payment, the
payment currency, and the payment time limit.
5. Payment method. The Company pays the Affiliate Remuneration in the currency and using the method that are deemed
as admissible in accordance with the Company’s policy and in compliance with all applicable laws. The preferable
currency of the Affiliate Remuneration’s payment of is USD. The Company does not reimburse Affiliates’ expenses
regarding the payment receipt, nor bank commissions and other concurrent Affiliates’ costs.
6. THE AFFILIATE REMUNERATION IS PAID ONLY FOR THE QUALIFIED CLIENTS IN ADDITION TO OTHER CONDITIONS DEFINED HEREIN
OR IN ANY OTHER APPLICABLE LAW. THE AFFILIATE IS NOT ENTITLED TO ANY OTHER AFFILIATE REMUNERATION FOR THOSE CLIENTS
WHO ARE NOT APPROVED AND CONFIRMED BY THE COMPANY OR THE COMPANY’S CUSTOMER AS “QUALIFIED”. FOR THE AVOIDANCE OF ANY
DISPUTES IT IS HEREBY ADDITIONALY CLARIFIED THAT THE COMPANY RESERVES THE RIGHT AT ITS SOLE DISCRETION AND AT ANY
TIME TO CHANGE, MODIFY, ADD AND DELETE CRITERIA APPLICABLE TO THE REMUNERATION PLANS, INCLUDING THE RIGHT TO SET
FORTH ANY MINIMUM OR MAXIMUM LIMITS, MINIMUM RATES OF FEES AND INCOMES, AS WELL AS ANY OTHER REQUIREMENTS TO CONFORM
WITH ANY REMUNERATION PLAN AND/OR TO ACQUIRE ANY AFFILIATE REMUNERATION SET FORTH HEREIN.
7. Verification of Clients. The Company reserves the right to pay the Affiliate Remuneration for the new Qualified
Clients only after the Company’s Customer verifies each of the new Clients in conformity with the requirements of
all the applicable laws and internal verification processes of the Company’s Customer.
8. THE RIGHT TO THE AFFILIATE REMUNERATION. WITHOUT BEING LIMITED TO ANY PROVISIONS HEREIN THAT CAN BE INTERPRETED
IN A DISTINCT MANNER, THE AFFILIATE, WHICH IS ENTITLED TO ANY PLAN EITHER WITH ALLOCATION OF INCOMES, PAY-FOR-ACTION
OR HYBRID PLAN, FORFEITS THE RIGHT TO THE AFFILIATE REMUNERATION FOR ANY CLIENT, ENGAGED AFFILIATE OR SUB-
AFFILIATE, AFTER THE PERIOD OF TIME DETERMINED BY THE COMPANY EXPIRES.
9. Inactive accounts. It is hereby clarified that regardless of the aforesaid the Inactive Affiliate forfeits the
right to the Affiliate Remuneration from the Company.
10. Seizure of payments for failure to comply with the rules. Without limitation to the foregoing, the Company may
at its sole discretion to seize, defer or cancel the payment of the Affiliate Remuneration in any of the following
circumstances: (1) if the Company has all grounds to believe that the Affiliate’s activity contradicts any
applicable laws; (2) if the Company has all grounds to believe that the Affiliate’s activity breaches this Affiliate
Agreement; (3) the Affiliate did not file the form that was required by the Company or the Affiliate indicated false
or inaccurate data in any form submitted to the Company; (4) if the Affiliate did not provide any document required
by the Company; (5) if the Company received a notification from any third party about prospective illegal usage of
the another person’s property or infringement of rights (for instance, intellectual property rights) committed by
the Affiliate or in the consequence of his activity. Hereby the Affiliate irrevocably indemnifies and holds harmless
the Company, its directors, heads, shareholders, employees and Websites from any lawsuits or claims of third parties
regarding such activity of the Affiliate.
11. Seizure of payments for fraudulent traffic. Without limitation to the foregoing, if the Company at its sole
discretion deems suspicious any actions with the Affiliate’s User account or any other user account, which can be
managed or disposed by the Affiliate, the Company may at its own discretion postpone the payment of the Affiliate
Remuneration to such Affiliate for the period of 180 (one hundred and eighty) days to check all the concerning
operations. If the Company considers such activity to be fraudulent traffic, the Company will make recalculation or
cancellation of the Affiliate Remuneration at its own judgement. Save as provided above, it is hereby clarified that
if the Company deems the Affiliate to be directly or indirectly complicit in any fraudulent, deceptive, rigging or
any illegal activity with regard to the Company and (or) Company’s Customer, including the Website or Websites, User
accounts, Premiums, Qualified clients, Sub-affiliates, and/or Engaged Affiliates, the Company, in addition to any
other available to the Company rights or reimbursement according to the Affiliate Agreement or applicable laws, is
entitled to hold the URL-address, assigned to such Affiliate, invalid and immediately restrict the access of such
Affiliate to the Program without any redress. The Affiliate hereby irrevocably indemnifies the Company, its
directors, heads, shareholders, employees and Websites from any third party lawsuits or requirements regarding any
analogue the Affiliate’s actions.
12. Tracking of the Clients. The Affiliate hereby acknowledges and agrees with the following: while registering each
Client shall move to the Website using the Tracking URL-address and/or enter a bonus code provided by the Affiliate
so that the Affiliate (or the Sub-affiliate if applicable) can acquire the Affiliate Remuneration for this potential
Client. Under no circumstances does the Company assume responsibility in the event the Affiliate, the Engaged
Affiliate, the Sub-affiliate or any of the Clients does not use the Tracking URL-address of the Affiliate or enter a
wrongful bonus code during the registration process. The Affiliate waives any claims or demands against the Company
in this regard.
13. Disputes. The receipt of a money transfer or acceptance of another payment method by the Affiliate shall be
deemed to be the full and final payment of the Affiliate Remuneration for the relevant period. Thus, if the
Affiliate does not agree with the data of the Report or with the accrued amount of the Remuneration, the Affiliate
must REFUSE to receive this payment and immediately send a written notice to the Company of dispute opening. The
notice of dispute opening shall be received by the Company no later than 5 (five) days from the date when the
Affiliate revealed a mistake in the Report. Otherwise, the Affiliate's right to dispute with regard to the Report or
payment will be deemed unused and the Affiliate will forfeit the right to any claim in this regard.
14. Taxes. The Affiliate is fully liable for the execution of all the requirements of the tax legislation that may
be applicable to the Affiliate Remuneration. The affiliate also agrees that the Company may provide information
about the Affiliate Remuneration for any public authorities and government agencies as required by applicable laws
and regulations. Under no circumstances does the Company assume responsibility for the Affiliate’s calculation and
payment of all taxes and incomes provided according to this Affiliate Agreement. Under no circumstances does the
Company act as a revenue agent of the Affiliates and withhold taxes of the Affiliates are to be paid.
4. Additional conditions of the participation in the Program.
1. Provision of information. The Affiliate is obliged to provide the Company with accurate and complete information
in all cases when it can be requested by the Company. The Affiliate confirms that he / she / it is aware of the
following requirement: before acquiring the Affiliate Remuneration, the Partner is obliged to provide the Company
with all the information that may be requested, including the information provided in compliance with the
requirements of regulatory authorities. Such information may include, but is not limited to, the following:
1. For natural persons: (1) a copy of a valid document with identifying photo; (2) surname and first name; (3)
personal identification number; (4) date of birth; (5) citizenship; (6) residence address; (7) contact information;
(8) the location and nature of the advertising activities; (9) tax identification number, for example for payment of
any taxes; (10) bank details, or e-wallet details, or other payment details for the transfer of the Affiliate
Remuneration, including: name of a recipient (payee), bank account number, bank code (BIC or IBAN), name and address
of a bank, etc.
2. For legal entities: (1) business name; (2) identification number; (3) country of registration; (4) legal address
in the country of registration; (5) copy of the certificate of incorporation of the Affiliate; (6) actual business
address, if different from the legal address; (7) identification number in the tax authority, for example for VAT
and other taxes; (8) registration number in the regulatory or licensing authority, if applicable; (9) name of
Directors and co-owners; (10) a copy of a valid document with a photo identifying the identity of the principal
Executive Director and/or co-owner, including the name, address and date of birth; (11) a copy of a valid document
with a photo identifying the identity of the legal entity’s owner, including the name, address and date of birth;
(12) bank details, or e-wallet details, or other payment details for the transfer of the Affiliate Remuneration,
including: name of a recipient, bank account number, bank code (BIC or IBAN), name and address of a bank, etc.
2. Advertising materials.
1. The Affiliate's advertising materials shall comply with all recommendations specified in the Affiliate Section
and all restrictions specified in this Affiliate Agreement. Advertising materials must be created conscientiously
and in good faith, must not violate any requirements of the Company, rights and interests of any third parties,
public interests and morality; must not be offensive and must not violate the requirements of applicable law in any
other way. Also advertising materials must not tarnish the Company, the Company’s Customer and its Clients’
reputation and authority. Advertising materials must not mislead the Company’s Clients.
2. Before using or modifying any Advertising materials, the Affiliate shall provide the Company with a sample of
these materials for further verification and approval. The Affiliate may use such Advertising materials only after
receiving the explicit written approval of the Company. The Company has the right to decline approval at its sole
discretion. If approval is granted, the Affiliate hereby voluntarily transfers all of the Affiliate's proprietary
rights to the Advertising materials, developed and created by or on behalf of the Affiliate, to the Company. The
remuneration for alienation of rights to Advertising materials is included in the Affiliate Remuneration. At the
same time, the Affiliate acknowledges that the Affiliate transfers the above stated rights without prejudice to any
claims that can be issued with regard to the Affiliate’s violation of applicable legislation, including advertising
legislation. The Affiliate hereby indemnifies the Company from any claims of public authorities, other government
agencies and third parties related to the use of Advertising materials in connection with the execution of this
Affiliate Agreement, including the period after Affiliate Agreement’s termination or repudiation.
3. In the event the Affiliate uses any Advertising materials without the Company’s approval, the Company, in
addition to any other available for the Company rights or reimbursement according to the Affiliate Agreement or
applicable laws, may hold the Tracking URL-address, assigned to such Affiliate, invalid and immediately restrict the
Affiliate’s access to the Program without any redress to the Affiliate. The Affiliate hereby irrevocably indemnifies
the Company, its directors, heads, shareholders, employees and Websites from any third party claims, lawsuits or
demands with regard to any analogue actions of the Affiliate.
3. Restrictions. The Affiliate’s actions shall be professional, accurate and fully compliant with all applicable
laws. The Affiliate is fully liable for the content and nature of his/her actions or omission. The Affiliate and
his/her/its websites, in the event the Affiliate undertakes some actions exploiting such websites, can not be
directly or indirectly implicated in any activity that can be considered by the Company at its sole discretion as
illegal, unfair, contemptible or in any other way inappropriate for the nature and reputation of the Website or
Websites, or as detrimental to the Websites’ users whatsoever. The foregoing includes, but not limited to, the
following direct or indirect actions: (a) exploiting of illegal business, a website or a mailing list; (b)
complicity (joint participation) in any illegal actions whatsoever, including: presentation of illegal content on
the Affiliate’s websites or in the Affiliate’s mailing lists, or proposal of illicit goods or services via the
Affiliate’s websites or the Affiliate’s mailing lists; (c) usage of a website which contains or promulgates
libelous, defamatory, obscene, abusive, cruel, fanatical, hateful, illegal, gambling or pornographic materials, or
contains links to a website of aforesaid nature; (d) placement of links to any websites in newsletters, banner
networks, counters, guest books, IRC-channels or other analogue Internet resources, acting indiscriminately or
without a consent of a recipient; (e) exploiting of non-selective promotional mailings or exploiting of mailing
without the consent of the recipient; (f) organization or assistance in any unfair operations, including using any
devices, programs, robots, hidden frames or redirects, fake traffic (in any case, without limitation to other
remedies to which the Company is entitled by law, equity or otherwise); (g) creation or arrangement of any promotion
without the prior written consent of the Company that provides any prizes, points or compensations for any activity
that is deemed at the sole discretion of the Company inadmissible, or that affords placement of the links to the
Websites by any third parties; (h) weakening, distortion or obscuration of the value of Trademarks; (i) unauthorized
use of the intellectual property of any third party (including, but not limited to, trademarks); (j) provision of
any transactions with direct or indirect compensation of costs for any client. The Company, in addition to any other
available to the Company rights or reimbursement according to the Affiliate Agreement or applicable laws, may hold
Tracking URL-address assigned to such Affiliate and immediately restrict the Affiliate’s access to the Program
without any redress to the Affiliate. Hereby the Affiliate irrevocably indemnifies and holds harmless the Company,
its directors, heads, shareholders, employees and Websites from any third party lawsuits or claims regarding such
activity of the Affiliate. The Affiliate is fully and independently responsible to Clients, government agencies and
third parties for compliance with applicable personal data legislation. The Affiliate guarantees to the Company that
he/she legally processes the personal data of the attracted Clients. The Affiliate indemnifies and holds the Company
harmless from liability for the Affiliate’s violation of the applicable legislation on personal data.
4. Advertising activity shall be carried out in good faith, honestly, and shall not violate any requirements of the
Company, the rights and interests of third parties, public interests, morality, shall not be offensive and otherwise
violate the requirements of applicable law. Advertising activity shall not: tarnish the reputation and authority of
the Company, Company’s Customer and its Clients; mislead Clients regarding, inter alia, the amount and procedure for
obtaining income. Advertising activity must contain information about the risks of working with financial
5. Promotional content and advertising materials shall not be encumbered with redundant legal, technical, and
professional information. Promotional content shall be presented in simple, understandable and accessible language,
and shall be easily perceived by Clients.
6. Affiliates are prohibited from using fraudulent or other unfair methods of distribution of promotional content
and advertising materials and customer engagement, including systems of hard sell, advertising on pornographic and
immoral websites, websites, websites’ content that violates the applicable legislation of the Affiliate’s country of
registration or of attracted Clients’ country of registration, spam, advertising without proper notification of
Clients about potential risks, advertising that violates the requirements of the applicable legislation of the
Affiliate’s country of registration or of attracted Clients’ country of registration.
1. To participate in the Program, the Affiliate must be at least 18 years old, if older age of majority is not
established by laws of the Affiliate residence.
2. The Affiliate has no right to target its advertising activity on any person under the age of 18 or under the age
of majority stipulated on the territory of the Affiliate's activity.
8. Forbidden countries.
1. The Affiliate has the right to target its advertising activity only on citizens or residents of those countries
that are listed in the Affiliate Section or on the Website. This list will be updated periodically, the Affiliate is
obliged to monitor the up-to-date information in this list.
2. Any Affiliate willing to target its advertising activity on citizens or residents of other countries not included
in this list is obliged to obtain the prior written consent of the Company.
3. The Affiliate shall be solely responsible for his / her / its advertising activity and shall indemnify and hold
the Company harmless from any requirements of public authorities and third parties related to the Affiliate's
violation of the applicable legislation on advertising.
5. Prohibition of competitive marketing
It is hereby clarified that the Affiliate has no right to contact with potential clients (1) in any manner that will
lead to competition between the Affiliate and the Company in relation to the promotion of the Website or Websites.
This includes, but is not limited to, promotion of the Affiliate’s websites via other Affiliates; (2) via any other
online systems, apps and other platforms involved in online trading of a similar or competing nature to the Trading
platform; (3) using the Company's Marks (or any of their variations and combinations) in the Affiliate's domain name
(for example: "olymptrade", "tradeolymp", "olymp-trade", etc.). If the Affiliate violates any of the above
restrictions, the Company has the right to invalidate the Tracking URL- address assigned to such Affiliate. The
Affiliate shall indemnify the Company, its directors, heads, shareholders, employees and the Websites from any third
party lawsuits or claims regarding such activity of the Affiliate.
6. Links; Trademarks and logos; Rights to information
1. Subject to the terms of the Affiliate Agreement, the Company grants the Affiliate a non- exclusive,
non-transferable, non-assignable, non-sublicensable license to place on the Affiliate's website the advertising
materials provided for him/her by the Company solely for locating a link from this Affiliate's website that
redirects a user to the Website page for registration of a new Client (but not to other pages), taking into account
that the Affiliate is approved by the Company for participation in the Program. Unless otherwise agreed in writing
with the Company in advance, the Affiliate shall not directly or indirectly promote any Company’s Marks. It is also
prohibited to demonstrate any pages of the Website or Websites in frames.
2. The Affiliate and any other parties acting on his/her behalf have no right to declare invalid, inapplicable or
contest the Company’s rights of possession regarding any Company’s designations in the course of any legal actions
or court hearings of whatsoever nature, and shall not carry out any actions that may violate the rights of the
Company to the Company’s designations, deprive the designations of their originality or otherwise diminish their
importance or depreciate the intangible value of the Company’s designations.
3. Except when it is expressly specified in this Affiliate Agreement, no provisions of this Affiliate Agreement or
no assertions on the Website or Websites shall be construed as granting by implication, as a result of prior conduct
or otherwise, any license or any right to use any of the Company's designations.
4. All Clients will be considered solely as clients of the Company’s Customer. The Company and Company’s Customer
are considered to be the sole and exclusive owners of the database with names and contact details, as well as any
other clients data, including those Clients for whom the Tracking Identifier is set. The Affiliate has no right to
contact with the Client without prior written approval of the Company. If the Affiliate, in the opinion of the
Company, contacts or attempts to make contact with the Client without prior written permission of the Company, the
Company has the right to immediately repudiate the Affiliate Agreement and withhold all the fees due to the
Affiliate at that moment. In addition, if the Affiliate has been given written permission of the Company to contact
or communicate with the Client, but after that the Company considers such contact or communication contrary to the
interests of the Company, the Company has the right to withdraw the previously issued permission, terminate the
Affiliate Agreement and withhold all the fees due to the Affiliate at that moment. The Affiliate agrees that the
Company may gain access to the information from visitors and about visitors to the Affiliate's website, and use this
information for any purposes.
7. Limitation of liability
UNDER NO CIRCUMSTANCES THE COMPANY, ITS SUBSIDIARIES, HEADS, DIRECTORS, EMPLOYEES OR CONTRACTORS WILL BE LIABLE FOR
LOST PROFIT OR INFORMATION LEAKAGE, OR FOR ANY SPECIAL, PUNITIVE, DIRECT OR CONSEQUENTIAL DAMAGES INCURRED AS A
RESULT OF OR IN CONNECTION WITH THE WEBSITE OR WEBSITES, COMPANY’S CUSTOMER SERVICES, TRADING PLATFORM, OR THIS
AFFILIATE AGREEMENT (UNDER ANY CIRCUMSTANCES), INCLUDING, BUT NOT LIMITED TO, ANY FAILURES OR MALFUNCTIONS OF ANY
SOFTWARE, HARDWARE, COMMUNICATION TOOLS AND OTHER SYSTEMS. THE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, HEADS,
DIRECTORS, EMPLOYEES AND CONTRACTORS TO THE AFFILIATE AND ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES WILL BE LIMITED
TO THE GREATER OF THE FOLLOWING AMOUNTS: (1) THE AMOUNT OF REMUNERATION PAID BY THE COMPANY TO THE AFFILIATE FOR THE
LAST 3 (THREE) MONTHS PRIOR TO THE EVENT RESULTED IN THE LIABILITY OR (2) 100 USD.
8. No warranties; recovery of damages
1. TO THE MAXIMUM EXTENT POSSIBLE UNDER THE APPLICABLE LAWS AND NOT LIMITED TO ANY REGULATIONS WHICH CAN BE
INTERPRETED IN REVERSE, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL
INDIRECT WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING: THE PROGRAM,
THE WEBSITE OR WEBSITES, LINKS TO THE WEBSITE OR WEBSITES, THE AVAILABILITY OF THE WEBSITE OR WEBSITES, AND THE LACK
OF ERRORS, BUGS, VIRUSES OR SECURITY THREATS.
2. The Affiliate shall indemnify and hold harmless the Company, its Directors, heads, employees, service providers
from and against any and all liability, claims, costs, expenses, injuries and damages, including reasonable legal
fees, arising in direct or indirect connection with the Affiliate's activity or the Affiliate’s website or as a
result of any dispute between the Affiliate and any third party with respect to this Affiliate Agreement, the
Website or Websites, the Affiliate's activity or the services provided by the Company. The Company reserves the
right to withhold and (or) deduct the amount of such compensation towards the indemnity of the Company, its
Directors, heads, employees, service providers from any claims arising out of or in connection with any aspects
mentioned in this Section 8.2. The Company withholds and (or) deducts the amount of compensation from the Affiliate
Remuneration held by the Company and (or) from any other payments for any reason are to be paid to the Affiliate and
held by the Company.
9. Declarations and warranties
THE AFFILIATE HEREBY ACKNOWLEDGES AND AGREES THAT HE/SHE/IT HAS COMPLETELY READ THIS AFFILIATE AGREEMENT AND AGREES
WITH ALL ITS TERMS AND CONDITIONS. THE AFFILIATE UNDERSTANDS THAT THE COMPANY MAY AT ANY TIME, DIRECTLY OR
INDIRECTLY, OFFER A PROGRAM FOR ATTRACTING NEW CLIENTS UNDER TERMS AND CONDITIONS DIFFERENT FROM THOSE SPECIFIED IN
THIS AFFILIATE AGREEMENT, AND MAY ENTER INTO AGREEMENTS AND CARRY OUT JOINT ACTIVITIES WITH OTHER WEBSITES THAT
PROVIDE SIMILAR OR COMPETING SERVICES WITH THE AFFILIATE’S WEBSITE. THE AFFILIATE HAS CONDUCTED AN INDEPENDENT
ASSESSMENT OF THE PARTICIPATION APPEAL REGARDING THIS AFFILIATE PROGRAM AND DOES NOT
RELY ON ANY REPRESENTATIONS, GUARANTEES OR STATEMENTS OTHER THAN SET FORTH IN THIS AFFILIATE AGREEMENT EXCEPT THOSE
SPECIFIED IN THESE TERMS AND CONDITIONS.
10. Termination of the Affiliate Agreement
1. This Affiliate Agreement enters into force as from the date the Affiliate declares that he/she accepts it in the
Registration Form and the Company approves his/her/its registration. The Affiliate Agreement shall remain in force
until its repudiation.
2. The Company may repudiate the Affiliate Agreement at any time, for whatever reason or without it, after giving 7
(seven) days prior written notice to the Affiliate via electronic mail (or by means of announcement posted on the
Website or Websites of the Company, if the Company repudiates the Affiliate Agreement with all the Affiliates
simultaneously), but in the event the Affiliate breaches any of the Affiliate Agreement’s provisions, the
repudiation becomes effective immediately. The Affiliate may repudiate the Affiliate Agreement at any time for
whatever reason or without it, after giving 7 (seven) days prior written notice to the Company (via electronic mail
or by fax).
3. After repudiation of this Affiliate Agreement the Affiliate is not entitled to the remuneration for new Clients,
but the Company still is obliged to pay the Affiliate Remuneration in consideration of the Remuneration Plan with
allocation of incomes or the Part of the Hybrid plan with allocation of incomes for the Clients registered with the
relevant Tracking Identifier. The Company shall pay the Affiliate Remuneration until the termination date of the
Affiliate Agreement over the whole period of acquiring the income from these Clients by the Company, but not more
than 3 (three) months from the date of repudiation of the Affiliate Agreement. If the Affiliate breaches any of the
Affiliate Agreement’s provisions, this Section is not applicable and the Affiliate is not be entitled to any
payments from the Company on any ground.
4. Upon termination of this Affiliate Agreement for whatever reason, the Affiliate must immediately cease to use all
of the Company's designations, Banners and text links to the Website or Websites, and remove them from the
Affiliate's website. Any domain names containing any Company’s designations shall be immediately transferred to the
Company at the expense of the Affiliate upon termination of the Affiliate Agreement for whatever reason. The
Affiliate is obliged to pay the Company the reimbursement in the amount of 1000 USD for each day until such domain
is transferred to the Company. After termination of the Affiliate Agreement the Sections of the Affiliate Agreement
that limit the liability of the Company for the actions of the Affiliate to third parties will remain in force, as
well as the Sections under which the Affiliate indemnifies the Company from the liability for his/her actions, as
well as all the clauses of the Affiliate Agreement that are applicable in respect of any actions or omissions over
the period prior to the termination of the Affiliate Agreement.
11. Dispute resolution
1. The parties shall settle all the disputes between the Affiliate and the Company through negotiations.
2. In case of a dispute arisen, the Affiliate has the right to submit a claim/complaint to the Company, send an
application/appeal to the Company. All the claims/complaints/applications/appeals shall be submitted in compliance
with the following requirements:
1. the claim/ complaint/ application/ appeal shall be submitted in writing;
2. the claim/ complaint/ application/ appeal shall contain the following information: the identity data of the
Affiliate, the Affiliate’s number, date and time of occurrence of a disputable situation, a short description of the
disputable situation, the Affiliate’s demands; the amount of the claim and its reasonable calculation (if the claim
is subject to monetary evaluation); circumstances on which you base your claims and evidence supporting them,
including a reference to the violated provisions of this Affiliate Agreement in the Affiliate’s opinion; a list of
documents and other evidence attached to the claim (complaint), certified by the Affiliate; other information
required for dispute resolution;
3. the claim/ complaint/ application/ appeal shall be sent by the Affiliate no later than 5 (five) working days from
the date of the event on which the relevant claim (complaint) is based. The Affiliate agrees that the delay in
filing a claim (complaint) is the basis for its rejection;
4. the claim/ complaint/ application/ appeal can be sent by e-mail ____________ with the "Affiliate program" in the
subject line, via registered or registered letter with declared value, as well as using other means of communication
that ensure the fixation of its departure (including the use of facsimile) or delivering against receipt.
Claims/complaints/applications/appeals issued and sent in another form are not accepted.
3. The claim/ complaint/ application/ appeal should not contain: 1. affective (emotional) evaluation of the
2. offensive assertions and remarks against the Company;
3. swear words.
4. To answer to the claim/ complaint/ application/ appeal the Company is entitled to request additional documents
and information from the Affiliate. The consideration of the claim/ complaint/ application/ appeal is carried out on
the basis of the data submitted by the Affiliate and the log records of the Company's servers. The log records of
the Company's servers have an absolute priority over the other testimonies and evidence. The Company is not liable
for and does not consider the claims related to the compensation for moral damage and for expectation damages.
5. The Company may reject the claim/ complaint/ application/ appeal in case of non-compliance with the terms and
conditions of this Section.
6. The period for consideration of the claim/ complaint/ application/ appeal by the Company is not more than 10
working days upon the filing date.
7. Apart from the provided procedure for dispute resolution, the Affiliate has the right to bring a court action
subject to the mandatory pre-trial dispute resolution procedure. The pre-trial dispute resolution procedure is
deemed fulfilled if: a) the form and the content of the claim satisfy the requirements of the Affiliate Agreement;
b) the claim is sent to the Company's registration address; c) the Affiliate has a confirmation of the claim’s
receipt by the Company; d) the claim response period has expired. The claim response period is 60 (sixty) calendar
days upon the date of the claim’s receipt by the Company.
8. In case of any disputes arisen, the Company reserves the right to block in whole or in part the registration of
new Clients attracted by the Affiliate, to restrict access to the Affiliate Section, and to take any other actions
at its sole discretion to resolve these disputes or until the Parties reach an interim agreement.
12. Confidential & Personal Data
For the purposes of this section, the following definitions shall apply:
Data Protection Legislation: the applicable legislation with regards to the protection of personal data and the
General Data Protection Regulation ((EU) 2016/679) (“GDPR”), any other directly applicable European Union regulation
relating to privacy and/or the Data Protection Act (DPA) and any other local legislation of St. Vincent and
Grenadines, as applicable.
Personal data, or personal information, means any information about an individual from which that person can be
identified. It does not include data where the identity has been removed (known as “anonymous data”).
Affiliate hereby undertakes and confirms to the Company that it shall at all times:
Comply with its obligations under applicable Data Protection Legislation with respect to any processing of Personal
Data that will be undertaken within the context of this Agreement;
At its own expense, ensure that it complies with and provides any assistance that may be required to the Company to
comply with the requirements of Data Protection Legislation and regulatory requirements in force from time to time
relating to the use of personal data, including, without limitation, (a) the GDPR, and (b) any national implementing
laws, regulations and secondary legislations.
The Company has the right, without prior notice to the Affiliate, to disclose and/or consent to the disclosure of
personal data, including without limitation to the data provided hereunder, any data connected to confidential
information and/or details of the transactions of the Affiliate (i) in order to comply with the requirements of the
regulatory authorities of St. Vincent and Grenadines and/or Cyprus (as it may be applicable) and/or (ii) to banks
and other financial institutions, to its auditors/consultants, companies belonging to the group of companies the
Company belongs to, the Company’s affiliated companies, and/or to any other company which may be directly or
indirectly controlled by the Company, for the purpose of facilitating the performance of this agreement, provided
that they are informed and committed to the confidentiality of the information communicated. All the Affiliate’s
personal data shall be processed in strict compliance with the provisions of the Data Protection Legislation.
The Company will handle all personal data provided under this Agreement, according to the relevant laws and
regulations for the protection of personal data.
The Company, through the involvement of another legal entity, collects and processes personal data of natural person
connected with the Affiliates, including without limitation to the data requested solely for the purposes of this
Agreement and of the requirement of applicable laws and/or regulations. The Affiliate hereby represents and
warrants, and the Company hereby relies on such representations and warranties, that the consent of any natural
person (directors, ultimate beneficial owners, shareholders and/or authorized signatories of an Affiliate being a
legal entity) of whose personal data has been submitted to the Company, has been freely provided and that any such
natural person is well informed and consents to the disclosure provisions of this Agreement.
Subject to clause 12, the Parties agree to keep confidential and not to disclose to any third party any confidential
information given by the other Party under this Agreement including without limitation the information to be
provided under this Agreement and/or all communication,
documentation or other information exchanged between them, both during the term of the Agreement as well as after
include the term Affiliate.
The Company and the Affiliate are independent contractors, and no provision of this Agreement shall be construed as
creating a partnership, a joint venture or agency relationship between the Parties; as a transfer of rights to the
Affiliate for making any statements on behalf of the Company or making of a publication of any information relating
to the Company; or as the Company’s prohibition of the usage of any websites similar or competing with the websites
of the Affiliate. The Affiliate declares that by accepting this Affiliate Agreement he / she agrees to receive the
Company’s notifications by phone, fax, SMS or e-mail, containing news, notices and other commercial materials
regarding the Website or Websites and related services. The Affiliate acknowledges that the Company is not obliged
to obtain the prior consent of the Affiliate (either written or oral) before sending such notifications to the
Affiliate, but the Company will immediately stop sending such notifications if the Affiliate notifies the Company in
writing of the reluctance to continue to receive such materials. This Affiliate Agreement constitutes the complete
description of all the terms and conditions of the agreement between the Affiliate and the Company, cancels all the
preliminary oral or written arrangements on the subject matter of this Affiliate Agreement, and applies as a
supplement to any terms and conditions set forth on the Website or Websites (for example, the Company's Privacy
Policy), unless otherwise expressly stated in this Affiliate Agreement. The Company may change any of the terms of
this Affiliate Agreement (including, but not limited to, the terms of the Affiliate Remuneration) at any time at its
sole discretion. Changes come into force from the moment of publication of the amended text of the Affiliate
Agreement on the Website or Websites. If the Affiliate considers such changes to be inadmissible, the only option
available to the Affiliate is to terminate this Affiliate Agreement. This Affiliate Agreement will be governed by
the laws of England and Wales. The Affiliate agrees to obey the laws of this sole and exclusive jurisdiction and to
settle any dispute arising out of this Affiliate Agreement or in connection with it. Any dispute arising out of or
in con-nection with this Affiliate Agreement, including any question regarding its existence, validity or
termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed
to be incorporated by reference into this clause. If any provision of this Affiliate Agreement is held to be invalid
or inapplicable, such provision shall be interpreted as amended, complying as closely as possible with the original
provision, and all other provisions shall remain in full force and effect. Non-exploitation or a failure to exercise
any right or provision of this Affiliate Agreement will not constitute a waiver of that right or provision. The
section names are to be used in the Affiliate Agreement for convenience only and may not be used for the purpose of
interpretation of the Affiliate Agreement. This Affiliate Agreement and the obligations of the Affiliate can not be
assigned by the Affiliate by act of law or on the other grounds. The Company may assign this Affiliate Agreement to
any party at any time.