Partnership Agreement — Agent

This Agreement (“Agreement”) is concluded between the Partner (hereinafter “Partner”) and “AMarkets LLC” (hereinafter “Company”).
 

General provisions

1.1 The Company and the Partner jointly undertake to attract Clients to the Company for the purpose of performing trading operations on instruments offered by the Company.

1.2 The Partner undertakes rights and obligations laid down in the present Agreement with regard to attraction of Clients for entering into brokerage service with the Company. The Partner also undertakes other rights and obligations hereinafter set forth. The Partner always acts solely on his own behalf.

1.3 The Partner unconditionally acknowledges that all Clients attracted are the Company’s Clients.

1.4 The Parties shall comply with provisions of this Agreement, except as otherwise provided in additional agreements.

1.5 Place of the Agreement is agreed to be the registered location of the Company.

1.6 Language.

1.6.1 The ruling language of the present Agreement is English.

1.6.2 For partners’ convenience, the Company may provide the translation of the present Agreement into another language. The function of the translation is merely informative.

1.6.3 In case of inconsistency between the English version and the translation of the present Agreement into another language, the English version shall be of prior importance.
 

Partner’s rights and obligations

2.1 The Partner shall Follow all articles of this Agreement.

2.2 The Partner is obliged to open an partner account with the Company for receiving commissions. To register as a Partner, an individual has to fill in the registration form at the Company’s website.

2.3 The Partner undertakes to attract only new Clients to the Company. The client shall be deemed new provided that he has not previously had a registered account with the Company.

2.4 The Partner shall provide Clients with accurate information regarding the Company’s products, services, and special offers.

2.5 The Partner shall not conceal the risks associated with trading in financial markets, mislead Clients, or provide any guarantees concerning potential income.

2.6 Providing recommendations and information to motivate a Client to trading operations is not part of the Company’s service plan. In exceptional cases, the Company has a right to provide information, recommendations and pieces of advice to a Client at its discretion, however the Company shall not bear responsibility for consequences of such recommendations.

2.7 The Partner undertakes to make only honest and accurate representations concerning trading operations, the Company and all other matters in his communications with potential and existing Clients.

2.8 The Partner shall not represent themselves as an employee of the Company or create any obligations on behalf of the Company.

2.9 The Partner shall maintain accurate and up-to-date information about the Company and its services on all public platforms, including personal websites and social media accounts. If inaccurate or outdated information is identified, the Company may request the Partner to remove or update the data. The Partner shall comply with the Company’s request within five days. Failure to do so may result in the temporary suspension of affiliate rewards until all requirements are met.

2.10 The Partner shall keep current the information about the Company and its services posted on the affiliate website. If unreliable or irrelevant information has been posted on the Partner’s website, the Company is entitled to ask the Partner to remove or update website information, whereas the Partner is obliged to fulfill the requirement within seven days of the Company’s request.

2.11 The Partner shall not be entitled to make any sub-agency and other agreements (contracts), which give a right to delegate Partner’s authority, in full or in part, to the third parties under the present Agreement without prior written consent of the Company. Assignment of right of demand is only possible after obtaining the Company’s consent.

2.12 The Partner has a right to plan and implement marketing and advertising campaigns, provided that the Company approved the campaigns.

2.13 The Partner shall not attract Clients with the help of inadmissible means and methods, particularly fraud, deception, provision of scanty information about risks involved in investments into financial instruments, etc.

2.14 The Partner shall not use any types of improper advertising for promotion of his activity, particularly it is forbidden to use:

• active promotion systems;
• immoral (including pornographic) sites advertising;
• advertising with deliberate misrepresentation of the offered services description;
• all other types of improper advertising.

2.15 The Partner shall not use advertisements in any advertising systems, banner networks, online directories, etc. using the keyword as the name of the Company (“AMarkets”) or the names of any of the services provided by the company, as well as the use of any options for their writing, including using similar-sounding words in any language.

2.16 The Partner has no right to use any types of forced redirection of users to the Company’s official websites.

2.17 In order to attract clients the Partner has a right to use all marketing tools available in Partner’s Cabinet.

2.18 In case of any problems related to business running and rendering the Company’s services, the Partner shall contact the Company with details of a problem so that the Company can consult the Partner in time on possible ways to solve it.

2.19 The Partner has a right to replenish the partner account and withdraw funds from it in accordance with the Customer Agreement.

2.20 The Partner has a right to monitor efficiency of promotional campaigns through custom affiliate codes and affiliate statistics provided by the Company.

2.21 The Partner shall not use trademarks, service marks, other intellectual activity products, the sole rights to which are possessed by the Company, without the Company’s preliminary written consent. Besides the Partner must not register domain that contains the Company’s name.

2.22 The Partner has the right to attract other partners (Sub-partners) and receive a part of their income in accordance with the terms of this model of cooperation. This option is provided individually after discussion and agreement with the department of affiliate programs. The Company reserves the right to refuse to provide the Partner with this additional form of earnings.

2.23 The partner is not allowed to place client and sub-partner accounts belonging to his relatives (the same surname) in his partner group.

2.24 The Partner should not attract web traffic and/or clients from the list of restricted countries. Such registrations will not be paid for. In the case of multiple and/or systematic violations of this clause, the Company reserves the right to completely refuse to cooperate with the Partner and to block his account.
 

Company’s rights and obligations

3.1 The Company is obliged to open trading accounts for Clients referred by the Partner pursuant to the Public Offer Agreement.

3.2 The Company shall enable Clients to conduct trading operations in the system by providing Clients with logins and passwords.

3.3 The Company is obliged to maintain a comprehensive record of all operations made by Clients.

3.4 The Company takes responsibility to pay the Partner a partner commission in the order set forth thereby.

3.5 The Company has aright to request the Partner to provide a full report on the course and results of the Client attraction campaigns.

3.6 The Company has the right to control the Partner’s activity concerning implementation of the Partner’s functions and responsibilities under this Agreement.

3.7 The Company may require the Partner to identify themselves and pass the complete verification procedure.

3.8 The Company has the right to amend this Agreement, as well as change the amount of partner commission, the notice about that is to be sent by any official channel of communication, 3 business days before amendments come into effect.

3.9 Upon the Client’s request, the Company has the right to transfer his account to another affiliate group without prior notice to the existing Partner.

3.10 In the event that the Partner breaches or fails to perform any obligations under the present Agreement, the Company shall be entitled to terminate the present Agreement at its sole discretion.

3.11 In the event that the Partner performs any actions that may negatively impact the Company’s business and/or cause financial damage, negative publicity or reputational risks, or if the Company detects any actions involving dishonesty, fraud or deceit in relation to the Company and/or its clients, the Company shall have the right to unilaterally refuse from fulfilling its obligations under this Agreement without prior notice to the Partner.

3.12 The Company shall in no way incur liability for any Partner’s actions beyond the limits of powers provided by the Company and any damage caused by the Partner to any third persons.

3.13 The Company reserves the right to refuse to pay remuneration to a Partner, remove Clients from the partner group or to terminate the partner’s account in the following cases:

3.13.1 Activity on the attracted clients’ accounts violates the Company’s policy and regulations.

3.13.2 Fraudulent actions taken by the Clients or the Partner himself, in bad faith to make profit.

3.13.3 Intentional use of vulnerabilities in the Company’s trading or financial systems for purpose of personal gain.

3.13.4 Violation of the bonus terms or other Company’s promotions.

3.13.5 Misconduct, other impropriety or fraud on the part of the Partner and his Clients, which damage the Company’s reputation or its financial health.

3.14 The Company reserves the right to conduct additional verification procedures to establish the Client’s identity. If a Client refuses to undergo the identification process or ignores requests from the Company’s representatives, the Company may refuse to activate the Partner’s account or pay remuneration for that Client until full verification is completed.

3.15 The Company reserves the right to require the Partner to verify the sources of Client registrations. Failure to provide this information may result in the non-payment of remuneration to the Partner.

3.16 The Company has a right to perform other actions stipulated in the present Agreement and its Appendices.
 

Dispute resolution

4.1 The Partner has a right to lodge a claim with the Company within 5 working days of the date upon which the Partner became aware of any event or occurrence alleged to give rise to such a claim.

4.2 Any claim by the Partner against the Company shall be emailed to the Company’s official email partner@amarkets.com. Claims made in any other way shall not be taken into consideration.

4.3 The Company has a right to request a Client/the Partner to provide any information necessary for dispute resolution.

4.4 The Company has a right to reject a claim if the provisions set out in the Agreement have not been met.

4.5 The Company is obliged to examine the Partner’s claim, deliver a decision on the dispute and email it to the Partner. Maximum period for dispute investigation is 10 working days since the date the claim was filed.

4.6 Disputes concerning interpretation or application of the present Agreement shall be settled by negotiation.
 

Data exchange

5.1 The Company shall contact the Partner via the following means of communication:

• email;
• phone;
• announcement in appropriate section of the Company’s website;
• other electronic means of communication set by the Company.

5.2 The Partner may contact the Company using the means of communication listed in Clause 5.1 hereof.

5.3 Messages, documents, announcements, notifications, confirmations, reports etc. shall be deemed accepted by the opposite Party:

• 1 hour after sending a message by email;
• right after a telephone conversation was finished;
• 1 hour after an announcement was posted on the Company’s website.

 

Confidential information

6.1 The Partner shall not be entitled to divulge confidential information concerning the Company’s business and services to a rival third party.

6.2 The Parties shall ensure confidentiality of Client personal and account data as well as details of trades conducted by Clients.
 

Incomes and mutual settlements for type of partner’s account “Agent”

7.1 The Company shall pay the Partner affiliate commissions from all trades made by Clients referred by the Partner, regardless of the fact whether Clients gained any profit or not.

7.2 Remuneration for all previously closed trading transactions on the attracted Clients’ accounts is credited to the Partner’s Wallet every business day.

7.3 Remuneration will be calculated and paid to the Partner only after the Client’s account is added to the affiliate group. Recalculation of the trading turnover and reassessment of affiliate reward for trading transactions performed by the Client before he was added to the Partner’s group will not be made.

7.4 The Partner may refer other partners to the Company and receive rewards from their earnings. The Company will additionally pay a 15% commission on earnings from second-level partners and a 5% commission on earnings from third-level partners. Additional commissions for sub-partner results will only be paid if their rewards are actually accrued to their wallets. Commissions from sub-partners will be temporarily withheld if their rewards are reserved or if their accounts or individual clients are blocked. The multi-level affiliate program is offered to the Partner on an individual basis in agreement with the Company’s affiliate programs department and is not available immediately upon registration.

7.5 Affiliate rewards will be paid to the Partner based on the Remuneration Rates established by the Company, as displayed on the company website or in the Partner Area. The remuneration rates are progressive and depend on the total trading volume generated by the Partner’s clients during the reporting month, as well as the number of new clients attracted. Only transactions on Forex and Metals will be considered in the calculation of the trading volume. The Partner will be granted a rate corresponding to their performance in the previous month on the first business day of the subsequent month following the final payment for the previous month’s trading volume. The minimum trading volume for which affiliate rewards are paid is 0.01 lots. Payments of less than 1 cent will not be made.

7.6 The Partner’s remuneration will be held in reserve and may not be withdrawn until the following conditions are met:

7.7 The Partner’s remuneration will be put on temporary hold if more than 90 days have passed since the Partner attracted the last active Client. In this case, the remuneration rate will return to the basic level, regardless of the current trading volume. The Partner will not be able to withdraw his remuneration until he attracts three new active clients. The affiliate reward for these clients must be at least 30% of the amount of funds on hold. If these conditions are not met within 12 months, the Company reserves the right to block the Partner’s account, forfeit the reserved funds, and unilaterally terminate the Partnership Agreement.

7.8 If the Partner’s remuneration for any particular Client exceeds 60% of the total affiliate reward generated from other clients for the last 30 days, the Company reserves the right to temporarily suspend payments for that Client until the ratio falls back below 60%.

7.9 If the Partner’s remuneration for any Client exceeds or equals 60% of the Client’s Net Deposit (total Deposits minus Withdrawals), the Company reserves the right to suspend further payouts, until the ratio falls below 60%. The withdrawal of earned funds does not participate in the calculation of this indicator.

7.10 The remuneration is not paid for trading on bonus funds.

7.11 Remuneration is not paid for trading operations that were closed less than two minutes after opening.

7.12 Remuneration will not be paid for trading transactions closed within 10 minutes after their opening and/or if the financial result on closed trades is less than 5 pips on more than 30% of trades on each individual trading account. The following instruments are subject to special conditions and have the following requirements:

7.13 In case registration data of the Partner coincides, in part or in full, with registration data of a Client who belongs to the affiliate group, including IP address, the Company reserves the right to cancel the commissions from such accounts and exclude such Clients from the affiliate group.

7.14 If a trading transaction was subject to manual modification by the dealing department at the Client’s request or as a result of a technical disruption, the Company reserves the right to recalculate the Partner’s remuneration for such a trading order or cancel it completely if the position was liquidated.

• A minimum of three Clients have been referred and fully verified.
• Each of these Clients has completed a trading volume of at least one lot.
• At the time of Partner account activation, there must be funds in the accounts of at least three Clients.

If, at the time of Partner account activation, the remuneration from any single Client exceeds 60% of the total remuneration from all other Clients in the Partner group, the Company reserves the right to adjust the reserve, limiting it to 60% of the total remuneration for the other Clients.

7.15 The Parties undertake to calculate and pay their taxes and other third party fiscal duties independently.

7.16 Withdrawals of affiliate rewards from the Partner’s Wallet in the Partner Area will be processed within the timeframes established by the payment systems and the Company’s regulations. To withdraw affiliate rewards to a bank account or card, full account verification is required. Alternative withdrawal methods do not require full verification.

7.17 When processing a withdrawal request from the partner account, the Company shall use its internal currency rates as of the time of request processing.

7.18 The Partner bears full responsibility for the adequacy of all the information set out in his application for the funds withdrawal.

7.19 The Partner has the right to alienate some part of the commission in favor of the Client or the Sub-partner account in accordance with the terms of “Partner’s Rebate” service.

7.20 If the client or sub-partner is removed from the affiliate group, the affiliate reward that was on hold is canceled and cannot be restored.

 

Final provisions

8.1 The Partner Agreement is considered accepted if an individual registers as a Partner.

8.2 The Partner Agreement is considered accepted which means that:

• the Partner is aware of the terms and conditions thereof;
• all the terms and conditions thereof are clear and acceptable by the Partner in full scope;
• there are no circumstances which may hinder acceptance thereof.

8.3 The Partner agrees that the Partner’s contact details, provided by the Partner for registration purpose will be used by the Company when sending letters and/or other information to the Partner.

8.4 This Agreement is concluded for an indefinite period.

8.5 Either Party may terminate the present Agreement unilaterally by giving at least 3 calendar days’ prior notice to the other Party.

info@amarkets.com
Date of Last Revision 19/09/2024
AMarkets LLC registered in the Cook Islands with registration number LLC14486/2023