TERMS & CONDITIONS
1.1 These Terms and Conditions constitute a binding legal agreement (hereafter, “the Terms” or “the Agreement” or “the Affiliation Agreement”) between Hoch Capital Limited (the “Company”), a Cyprus Investment Firm (“CIF”), licensed and regulated by the Cyprus Securities and Exchange Commission (“CySEC”), under license no. 198/13 and you (the “Affiliate”).
1.2 The Terms govern the business relationship between the Company and the Affiliate and they can be found on the Company’s website, at itraderaffiliates.com.
1.3 By electronically accepting these Terms, you indicate that you have read, understood, unreservedly agreed and accepted the Terms as well as any other information contained on our website.
1.4 The Company hereby grants the Affiliate the non-exclusive, non-transferable right to market the Company’s CFD trading services and direct potential Clients (also referred to as “Traders” or “Clients”) to use the Company’s CFD Trading Services in accordance with the Affiliation Agreement.
1.5 The Affiliate(s) shall act in accordance with the Company’s marketing rules and policies and make representations to clients that are fair, clear and non-misleading. The Company assumes no liability for any representations made by the Affiliate which is considered to fall outside the Company’s rules and policies as communicated to the Affiliate. Any misrepresentation made by the Affiliate to the Clients may constitute a valid and sufficient reason, for terminating the Agreement with immediate effect.
1.6 The Company and the Affiliate are wholly separate and independent from one another. The Agreement between the Company and the Affiliate does not establish a joint venture, or a legal partnership and the Affiliate is not an employee of the Company.
2.1 “Account”: any live trading account the Client has with the Company.
2.2 “Qualified Trader(s)” or “Traders” or “Client(s) or ”: any natural or legal person to whom the Company offers investment and/or ancillary services.
2.3 Confidential Information: means any data or information of the Company and/or any of its clients, including oral, written or electronic data or information including past, present or future research, development or business activities, and including without limitation, any information relating to developments, inventions, processes, plans, trading information and financial information. The Confidential Information shall not include information that can be shown by written evidence that:
it is available in the public domain, not as a result of the actions of the receiving party and
(i) It was known to and/or developed by the receiving party prior to its receipt from the disclosing party, or
(ii) It was lawfully received by the receiving party from a third party without obligation of confidence.
2.4 “Affiliate”: an independent party (individual or company), acting in the course of business, who is engaged in advertising/marketing activities solely through online means and who may introduce Clients to the Company for transactions in Contracts for Difference (CFDs) on commodities, cryptocurrencies, foreign currencies, indices and stocks.
2.5 “Affiliate Link”: shall mean the unique link and/or personalised ID which is used to identify an Affiliate and its activities and to introduce Clients.
2.6 “Trading Platform”: any online trading platform made available to the Client by the Company for placing orders, requesting quotes for trades, receiving price information and market related news as well as having a real-time revaluation of the open positions, through the Internet.
2.7 “Secured List”: Refers to a list comprising of potential clients which list Affiliates may obtain from third parties and whereas there is no guarantee that the clients included in that list have shown direct interest in the products promoted by Affiliates.
2.8 “Fraudulent activity” shall include, without limitation, collusion between the Affiliate and one or more Clients, collusion between two or more Clients, instances where the Company reasonably believes that trading is intended to generate commission or fees and not profit to the Company, and any other instance where the Affiliate and/or the Client has abused the Company’s Terms and Conditions.
3.1 Headings are for ease of reference only and shall not affect the interpretation of the Agreement.
3.2 The Company, upon the written request of the Affiliate, may provide the Affiliate with a translation of the Agreement, in a language other than English. In case of discrepancies between the English version of the Agreement and any other language(s), the English version of the Agreement shall prevail.
3.3 In the Agreement, any reference to an Affiliate may include corporate and/or unincorporated associations, partnerships and individuals.
3.4 The Agreement covers the Affiliate’s right to market the Company online, including the right to implement link(s) to certain of the Company’s web-based services on a proprietary website run by the Affiliate.
3.5 The Affiliate hereby agrees to actively market the Trading Platform(s) and the Company’s services to potential Clients.
3.6 It is hereby confirmed that, all marketing material relevant to the Company and its services, shall be pre-approved by the Company’s compliance Department. In case the Affiliate markets any information and/or material regarding the Company and its services without the prior approval of the Company’s compliance department, this may be a valid and sufficient reason for terminating the Agreement.
4. AFFILIATE’S DECLARATIONS AND OBLIGATIONS:
The Affiliates hereby agrees and undertakes to:
4.1 Register online and electronically accept the Affiliation Agreement of the Company in order to enable the active marketing of the Company’s services.
4.2 Confirm that he/she/it has authority, right, power to enter into and be bound by the terms of this Agreement and to perform his/her/its obligations under this Agreement, without the approval or consent of any other party and/or confirms that he/she/it is qualified/licensed under any applicable regulatory requirements to offer the services mentioned in this Agreement. If the Affiliate is a company/legal entity, then the person agreeing to this Agreement on behalf of the company/legal entity hereby confirms that he/she is authorized to bind the company/legal entity to this Agreement and that the company/legal entity has the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform its obligations under this Agreement without the approval or consent of any other third party.
4.3 Comply with and act in accordance with the Company’s Affiliation Agreement found at https://www.itrader.com/en/page/terms, as may be amended from time to time, governing the Company’s relationship with Affiliates and any other policies of the Company relating to the services and marketing of the Company.
4.4 Comply with all applicable laws relating to his/her/its obligations under the Agreement, including without limitation, the General Data Protection Regulation (EU) 2016/679 (“the GDPR“), Markets in Financial Instruments (“MiFID II”) Directive 2014/65/EU, false advertising and e-marketing (“spam” laws);
4.5 Without derogating from the generality of the above, any electronic messages or other communications sent by the Affiliate shall be free of spam and in full compliance with all laws related to the sending of commercial electronic messages. In accordance with the above-mentioned obligation, the Affiliate will specifically agree and undertake:
a) not to send any e-mails regarding the Company and/or its websites and services:
(i) to any individual or entity that has not requested such information (Opted-in);
(ii) to any type of secured list or through any type of secured lists service; and
b) always to include the option to unsubscribe in any such e-mail and promptly delete any user who has requested to unsubscribe from the Affiliate’s mailing list.
4.6 Without derogating from the above, the Affiliate is aware that the Company operates under local licenses and specific laws and restrictions which concern, inter alia, advertising and promotions, including without limitations, MiFID II and the laws and regulations promulgated under it and shall comply with such licenses, laws and restrictions when offering its services in general and with respect to the Agreement.
4.7 It is the Affiliate’s obligation to familiarize himself/herself/itself, to comply and to remain fully updated with the laws, regulations and codes of practice applicable to the activities it conducts in relation to its participation in the itraderaffiliates.com program.
4.8 The Affiliate is required to abide to all applicable laws, regulations and codes of practice relevant to this Agreement, including laws which may require a relevant license in his/her/its country of residence and/or work before he/she/it can act as an Affiliate. In the absence of any specific governing laws, regulations or codes of practice in the Affiliate’s jurisdiction, only the standards set out herein shall apply and, in any event, will include, without limitation the provisions of any relevant MIFID licences issued by the applicable supervisory authorities of the Company or any of its branches (if applicable) and the laws and regulations associated therewith.
4.9 Conduct himself/herself/itself in a professional manner, in accordance with industry standards, as well as the terms disclosed herein, so as not to cause any form of disrepute and/or damage the goodwill and/or name of the Company.
4.10 Ensure that all promotional material is of a type and character, and is disseminated in a manner, that will not cause disrepute or harm to the Company and comply with all applicable laws and regulations, including without limitation relating to anti-spam laws and regulations. Immediately upon notice from the Company that, in the Company’s opinion, any promotional material (content or method of use) does not comply with the applicable laws and regulations and/or standard practice and/or with the internal policies of the Company, including its Product Governance Policy, the Affiliate will immediately cease use of such materials or manner of use.
4.11 Comply with all instructions received from the Company regarding, among others, the content, nature and location of any campaigns and/or marketing material.
4.12 Not to use the name of the Company in any promotional material or otherwise, without obtaining the prior written approval of the Company’s compliance department and not to distribute any such promotional material in any manner or forum which may be offensive and/or damage in any way to the Company’s reputation.
4.13 Not to distribute or use any promotional material that:
(a) Is not pre-approved by the Company’s Compliance Department;
(b) is likely to deceive the public;
(c) contains any material misstatement of fact or a statement that such person knowingly omits and/or such omission makes the promotional material misleading;
(d) includes promised or guaranteed returns;
(e) mentions the possibility of profit without accompanied by an equally prominent statement of the risk of loss;
(f) includes a measurement or description of or makes any reference to hypothetical results which could have been achieved had a particular trading system been employed in the past, unless accompanied by the risk warning provided by the Company;
(g) includes any reference to actual past trading profits without mentioning that past results are not necessarily indicative of future results; or
(h) includes any specific numerical or statistical information about the past performance of any actual accounts (including rate of return) unless such information is and can be demonstrated to be representative of the actual performance for the same time period of all reasonably comparable accounts
(i) does not contain the specific, updated risk warning(s) provided by the Company.
4.14 The Affiliate cannot amend to any extend of this Affiliation Agreement set out in the Company’s website (https://www.itraderaffiliates.com/about-us/terms-conditions/). If any amendments are identified by the Company’s Compliance Department as part of its ongoing monitoring practices, then this may be a valid and sufficient reason for terminating the Agreement with the Affiliate.
4.15 The Affiliate shall provide the Company with all relevant information regarding clients’ expression(s) of dissatisfaction/complaints and/or copies of and summaries of any pending claims and/or litigation with or without connection to this Agreement within 5 days of having received notice of such.
4.16 The Affiliate represents and warrants as follows:
(a) The Affiliate shall refer clients to the Company who fall within the ambit of its positive target market, as depicted in Annex 1 of the Agreement.
(b) All of the Affiliate’s employees, agents and associated persons, to the extent required, have been and will continue to be duly recognized and licensed to participate in the services described in the Agreement.
(c) The Affiliate has the capability to enter into and perform this Agreement according to its terms and will, upon request, provide the Company with such board resolutions, partnership agreements and/or other documentation that the Company may request.
5. SERVICES PROVIDED:
5.1 The Company offers online CFD trading on commodities, cryptocurrencies, foreign currencies, indices and stocks. The Affiliate shall provide introduction services including but not limited to marketing the Company’s CFD trading services and directing clients to use the Company’s CFD trading services in accordance with the Terms detailed herein and the Company’s Terms and Conditions, uploaded on its main website at https://www.itrader.com/en/page/terms.
6. THE COMPANY’S OBLIGATIONS:
6.1 The Company shall provide the Affiliate access to reports detailing relevant information to the Affiliate with regards to clients related to it.
6.2 The Company shall timely pay the Commission of the Affiliate and/or make relevant payments, as agreed between the Affiliate and the Company.
6.3 The Company represents and warrants as follows:
6.3.1 The Company has the capability to enter into and perform this Agreement according to its terms.
6.3.2 The Company warrants that it is the proprietor of the Company’s name and it is duly authorised to use the Company’s trading name(s).
7. RELATIONSHIP WITH CLIENTS:
7.1 The Affiliate should not represent itself as the Company and should specify on its website the nature of its business relationship with the Company.
7.2 The Affiliate will not attempt to bind the Company in any manner, and it will not to use any trading name(s) or logo(s) of the Company without the prior written consent of the Company’s compliance department.
7.3 The Affiliate acknowledges that all clients introduced or directed to the Company are the Company’s clients and any information about these clients is the exclusive and sole property of the Company. Upon termination of this Agreement, the clients will remain the Company’s clients.
7.4 The Affiliate shall adhere to the Company’s restrictions and policies and/or other information detailed on www.itraderaffiliates.com. Such information may be amended by the Company, from time to time, at its sole discretion and it is the Affiliate’s responsibility to regularly check https://www.itraderaffiliates.com/.
7.5 The Company shall be under no obligation whatsoever to accept as a Client any applicant in connection with the services provided by the Affiliate.
8.1 All the costs of the Affiliate in connection with his/her/ its duties hereunder shall be borne solely by the Affiliate and the Company shall under no circumstances participate in and/or pay such costs, unless otherwise agreed in writing between the parties to the Agreement.
8.2 Commission to the Affiliate will be paid only for Qualified Traders, according to all the following terms:
(a) For Qualified Clients who were introduced to the Company by the Affiliate and were identified as such by a tracker ID assigned to such Affiliate by the Company; and
(b) The Company confirms that the Affiliate shall be included in the relevant commission scheme that is agreed between the parties i.e. CPA (Cost Per Acquisition), CPL (Cost Per Lead), Fixed Fee and CPM (Cost per impression i.e. per viewing) and/or as selected upon registration, unless otherwise agreed with the Company; and
(c) Such Clients have been approved by the Company and they have made a minimum real money deposit of $250, in line with the Company’s rules; and
(d) With respect to Affiliates paid under the Company’s CPA plan, the Client has generated trading activity, or any other activity level agreed by the Parties in writing; and
(e) Such client is not already registered to use the Company’s services; and
(f) Has provided all documents and proof of payment according to the Company’s KYC procedure; and
(g) Has complied with all applicable laws and regulations as well as with the Company’s policies.
8.3 The Affiliate shall receive payment during the term of this Agreement in accordance with the preferred payment scheme as this is indicated during the registration with the Company or as negotiated and agreed in writing between the parties (in a separate Addendum which forms an integral part of this Agreement). Subject to the Terms & Conditions and any of the Company’s applicable payment policies, the Affiliate shall be eligible to receive payment for:
(i) Qualified Clients introduced to the Company by the Affiliate, and
(ii) Affiliates to the extent that during the applicable payment period they have referred Qualified Clients to the Company.
8.4 Notwithstanding any other term herein, if the Company suspects or has reason(s) to believe that the Affiliate and/or a Client was involved with or attempted arbitrage, CPA fraud and/or fraudulent activity, then the Company reserves the right to:
8.5 Withhold payment, at its sole discretion;
8.6 Terminate the Affiliate’s and/or Client’s access to the services provided by the Company, and/or terminate the Agreement for the provision of services between the Company and the Affiliate and/or the Client, as applicable;
8.7 Block the Affiliate’s and/or the Client’s account with the Company and arrange for the transfer of any unused balance to the Affiliate and/or the Client, as applicable.
8.8 All payments will be due and payable in United States Dollars, upon the mutual agreement of the parties (unless agreed otherwise in writing).
8.9 Unless otherwise agreed in writing between the parties, payments will be sent by the 15th day of the month for the previous month upon the receipt of an invoice. The minimum payment threshold is $1000 to be paid by electronic payment and $2000 to be paid by wire transfer. It is the Affiliate’s responsibility to provide accurate payment details to the Company before the end of the month. Commissions below $1000 will be accumulated to be paid in the next month(s), when the minimum payment thresholds mentioned above are met.
9. TERM AND TERMINATION:
9.1 The duration of this Agreement will begin on upon the electronic acceptance of these Terms and will continue in perpetuity unless it is terminated earlier in accordance with the provisions hereof (“Term”).
9.2 Either party may terminate this Agreement by giving the other party seven (7) days’ written notice.
9.3 The Affiliate acknowledges that the Company shall have a right to terminate this Agreement with immediate effect by a written notice to the Affiliate at any time, if:
9.3.1 The Affiliate’s actions cause any actual or potential breach of the Applicable Laws and Regulations by the Company;
9.3.2 The Affiliate has used Marketing Material which has not been pre-approved by the Company, as per section 4.13.(a) of this Agreement;
9.3.3 The Affiliate commits a material breach (as determined by the Company in its reasonable opinion) of this Agreement, including without limitation, a breach of any of its obligations under this Agreement (including where the Affiliate uses non pre-approved marketing material, provides false, inaccurate or misleading KYC, compliance and anti-money laundering information);
9.3.4 The Affiliate’s conduct infringes the rules and regulations of any relevant authority in connection with the services which it provides to the Company;
9.3.5 The conduct of the Affiliate is one that the Company, acting at its discretion and reasonably, deems to cause regulatory or reputation issues to the Company;
9.3.6 Where the Affiliate is a legal entity, the Affiliate becomes insolvent or is subject to any insolvency, administrative, regulatory or professional proceedings as per the applicable provisions in its jurisdiction of incorporation, or, where the Affiliate is a natural person, is subject to bankruptcy proceedings;
10.1 Each Party shall pay its own tax and duties.
11. RECORDS, REPORTS.
11.1 It is the Company’s sole responsibility and obligation to track the activity of the Clients and all traffic associated with the Affiliates during the time needed for the Company to fulfil in full its obligations under this Agreement. Throughout the term of the Agreement, the Company shall provide the Affiliates with an online report, accessible through the Company’s system.
12. INTELLECTUAL PROPERTY RIGHTS:
12.1 All of Company’s intellectual property, including without limitation all of Company’s Name(s), Trading Name(s) and/or Trademarks and copyrights, whether or not registered and whether or not registrable, are and shall remain the sole and exclusive property of Company and the Affiliate shall have no rights thereto except as explicitly provided herein. Without derogating from the generality of the foregoing, the Affiliate shall not use any of the Company’s Name(s), Trading Name(s) and Trademarks other than in respect of this Agreement;
12.2 The Affiliate shall not apply for or obtain registration, including by but not limited to trademark and internet domain names, of any of the Company’s Trading Name(s) and Trademarks (or any trade or service mark which consists or comprises the Company’s similar word or words or logo or parts hereof) for any goods or services in any country. In case such application and/or registration was done prior to this Agreement, the Affiliate shall immediately transfer all such rights to the Company on its request;
12.3 The Affiliate shall not dispute or challenge the validity of, or the Company’s rights to, any of the Company Trading Name(s) and Trademarks as registered or used by the Company during the term of this Agreement;
12.4 Each reference to the Company’s Trading Name, Trading Name(s) and Trademarks shall be in a form agreed in writing, in advance by the Company;
12.5 Any and all reference to the Company’s Name. Trading Name(s) and Trademarks by the Affiliate, shall contain such acknowledgements of the Company’s ownership of any and all intellectual property rights to the Company’s Name, Trading Name(s) and Trademarks as the Company may from time to time reasonably require;
12.6 The Affiliate shall not do or admit others to do anything which may diminish or devalue the reputation, image or prestige of the Company or in any way impair any registration of The Company’s Trading Name(s) and Trademarks;
12.7 The Affiliate shall comply with regulations and practices in force or used in order to safeguard The Company’s rights to the Company’s Trading Name(s) and Trademarks and the Affiliates hall cooperate fully with the Company in protecting such rights;
12.8 The Affiliate shall promptly notify the Company of any contest of the validity or abuse of any of the Company’s Trading Name(s) and Trademarks that Intermediary becomes aware of;
12.9 The Affiliate shall indemnify the Company in respect of any and all costs, claims, damages, expenses, losses, demands and liabilities of whatsoever nature suffered or incurred by the Company as a result of or in connection with the use of the Company’s Trading Name(s) and Trademarks by the Affiliate, other than in accordance with this Agreement.
13.1 The Affiliate represents that there is no claim, action, suit or proceeding pending or, to the Affiliate’s knowledge, threatened, against him/her/that law, in equity, by way of arbitration or before any governmental department, commission, board or agency that might have an adverse effect on the other Company, nor is the Affiliate aware of any reasonable basis thereof.
14. LIMITATION OF LIABILITY:
EXCEPT AS STIPULATED ABOVE, IN NO EVENT WILL THE COMPANY BE LIABLE TOTHE AFFILIATE AND/OR THE CLIENTS REFERRED TO THE COMPANY BY THE AFFILIATEAND/OR ANY THIRD PARTY ENGAGING DIRECTLY OR INDIRECTLY WITH COMPANY’S SERVICES AND NO AFFILIATE, CLIENT OR THIRD PARTY WILL BE ENTITLED TO RECOVER FROM THE COMPANY ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION RELATING TO COMPANY’S SERVICES OR OTHERWISE RELATING TO THIS AGREEMENT, EVEN IF HE/SHE/IT HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN ALL CASES, COMPANY’S MAXIMUM AGGREGATE LIABILITY TO THE AFFILIATE AND ALL CLIENTS RELATING TO THE COMPANY’S SERVICES OR THIS AGREEMENT, FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO THE AFFILIATE BY THE COMPANY DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM FOR DAMAGES.
15.1 The Affiliate shall indemnify the Company for any damage or expense incurred as a result of the Affiliate’s failure to abide the obligations of any of the terms of this Agreement.
15.2 If the Affiliate is involved in advising Clients on trading matters and or providing signals for Clients to trade, the Affiliate shall be responsible for and shall, as a primary obligation, indemnify and hold harmless the Company, its directors, officers, employees and affiliates, from and against any liabilities, claims, demands, proceedings, costs, damages, expenses (including legal fees) and penalties whatsoever arising out of:
i) Any failure on the Affiliate’s part or that of the Client to comply with an applicable law, rule or regulation; and
ii) Any failure on the part of Affiliate to perform any obligation set out in this Agreement, Addendum(s) to this Agreement or any other written agreement between the parties.
iii) The un-authenticity or unenforceability of any contract entered into with the Client;
16.1 The Affiliate shall keep confidential and not disclose except for the benefit of the Company at any time during this agreement or subsequent any trade secrets, techniques, ideas, know how, plans, concepts, data, and subject matter pertaining to the Company, its clients, or Customers which the Affiliate may use or otherwise acquire during its relationship with the Company (the “Confidential Information”).
16.2 Upon termination of this Agreement, the Affiliate shall return promptly to the Company any materials containing Confidential Information or data received by the Affiliate from the Company (whether verbal, in writing, electronic or otherwise, stored in whatever mode or medium), and no copies shall be kept. Where Confidential Information has been kept in physical, electronic or other mode of storage, the Affiliate shall return one copy to the Company and confirm to the Company that it has deleted all other copies, other than one single copy it may deem necessary to maintain so as to defend itself in any action in front of any court of competent jurisdiction or any governmental or regulatory authority, including CySEC.
16.3 At any time during the term of this Agreement the Company can demand that the Affiliate return any materials or data it received from the Company.
16.3.1 The provisions of this Section 14 shall not prohibit the use or disclosure of information;
16.3.2 Which is or becomes public domain without breach of this Agreement by the party receiving Confidential Information; or
16.3.3 Which after execution of this Agreement is lawfully acquired from any third party who did not directly or indirectly acquire the same subject to any obligations of confidentiality.
16.4 Notwithstanding any other provision contained herein, the Company may, at any time, disclose the details of this Agreement and any information of the Affiliate provided by it to the Company as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority, including CySEC. Furthermore, and notwithstanding any other provision contained herein, the Company may, at any time, disclose the details of the Commission or any other fee or compensation arrangements which it has in place with the Affiliate, to any third party, including the relevant Client, or any governmental or regulatory authority, including CySEC.
17.1 Any notice required or permitted to be given under this Agreement shall be in writing and shall be sent by email to the following emails:
(a) For the Company: [email protected]
(b) For the Affiliate: The email that registered in order to open the Affiliate’s account with the Company
17.2 Notice under this Agreement shall be deemed to be effectively given or made: on delivery to a party, if delivered personally or when sent by e-mail.
18. PARTIES’ RELATIONSHIP:
18.1 The Affiliate and the Company are independent entities. There is no employment, joint venture or partnership relationship between the Parties, nor has it been created by this Agreement. Neither party shall have no right or authority to act on behalf of the other or represent that it has such right or authority unless it is agreed in writing between the parties in a separate legal document
19. DISPUTE RESOLUTION:
19.1 The parties further agree that they will use the following procedure to identify and resolve Disputes between them:
19.1.1 either party may identify a Dispute by sending a Dispute Notice to the other party;
19.1.2 on or following the Dispute Date, the parties will consult in good faith in an attempt to resolve the Dispute in a timely manner, including, without limitation, by exchanging any relevant information and by identifying and using any Agreed Process which can be applied to the subject of the Dispute or, where no such Agreed Process exists or the parties agree that such Agreed Process would be unsuitable, determining and applying a resolution method for the Dispute; and
19.1.3 with respect to any Dispute that is not resolved within five Joint Business Days of the Dispute Date, refer issues internally to appropriately senior members of staff of such party or of its Affiliate, adviser or agent in addition to actions under (b) immediately above (including actions under any Agreed Process identified and used under (b) immediately above) and to the extent such referral has not occurred as a result of action under (b) immediately above (including any Agreed Process).
20.1 This Agreement constitutes the entire agreement between the parties and nullifies any and all previous agreements both oral and written between the parties.
20.2 Failure by the Company to require strict compliance with any provision of this Agreement shall not constitute a waiver of the Company’s rights upon that or any other occasion.
20.3 The invalidity or unenforceability of any part of this Agreement shall not prejudice the validity or enforceability of any other part.
20.4 This Agreement is personal and is not assignable to any other party.
20.5 Variations to this Agreement shall be made in writing and signed by both parties, unless otherwise provided herein.
20.6 This is the entire Agreement of the parties and replaces any previous Affiliation Agreements or discussions.
20.7 This Agreement shall take effect, when its Terms and Conditions are accepted by the Affiliate and the Affiliate has been approved by the Company’s compliance department
20.8 Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus without regard to conflict of laws. Exclusive jurisdiction in any action or proceeding arising out of or relating to this Agreement will be placed in the relevant courts residing in the Republic of Cyprus (“Jurisdiction Courts”), and each party waives any objection to proceedings in the Jurisdiction Courts.
21. ELECTRONIC ACCEPTANCE:
By selecting or clicking “I Accept”, you consent that you will act as an Affiliate of the Company and that you agree to all of the Terms disclosed herein the Agreement.
I hereby acknowledge and accept that I have read, understood and agree with the Terms of this Agreement, published on www.itraderaffiliates.com as these may change from time to time by the Company.
|Type of Client||Retail, Professional, Eligible Counterparties|
|Client’s Knowledge and Experience to understand the risk||Investors, who understand the main characteristics, including the risks, of the product underlying asset and leverage have minimum trading experience in similar products (CFDs and other derivatives) of year or the industry they have worked in the past is relevant to trading on CFDs or similar products.|
|Client’s financial situation||Ability to bear 100% capital loss. CFDs are subject to the negative balance protection.|
|Client’s risk tolerance||Risk oriented – due to high volatility of these products and the use of leverage, clients are expected to have high risk tolerance. Clients should be willing to accept total loss of invested capital in exchange of the possibility of higher returns.|
|Client’s investment objectives and needs||Clients looking for short-term investment, who seek the potential of earning a greater return.|