T: +357 2575 0555, F: +357 2572 2377, E: [email protected], W: www.liteforex.com A: 124 Gladstonos Street, The Hawk Building, 4th Floor, 3032, Limassol, Cyprus PARTNERSHIP AGREEMENT The present Partnership Agreement comes into effect as of 14.03.2016. between Liteforex (Europe) Ltd (ex. Mayzus Investment Company Ltd) (hereafter called “Company”) and CLIENT (“hereafter called “Partner”). 1. GENERAL TERMS 1.1. The Partner is the foremost Company’s Client possessing all rights and obligations determined by the General Business Terms (hereafter called “GBT”). 1.2. Each party commits itself to fully comply with the terms of the present Agreement. 1.3. Each party assumes contractual liability for Clients’ interest in performing trading operations with the trading instruments and conditions the Company offers. 1.4. Upon mutual acceptance of this Agreement, the Company will grant the Partner access to a Partner account on the Company’s website, where the Partner will obtain information on partnership terms and conditions, data on paid commissions, referral links and all details of the Partner’s Referral(s) activity. 1.5. The Partner shall act in relation to any third parties on behalf of Company and thus only as the Company Client, and all Referral(s) activities shall be subject to the Company’s sole discretion and approval. 1.6. The Partner acknowledges and agrees to be responsible for the payments of all relevant duties and/or charges and/or taxes arising from the course of approved business activities. 1.7. Any referred Client who opens a trading account with the Company through the referral link provided by a Partner will be referred to as a “Referral”. No one else apart from a Partner referred Client through the Partner referral link may act as an authorized Referral. 1.8. The Partner shall act as a mediator between the Company and their Referral(s) for enhancing the quality of services offered to the Partner’s Referral(s) as well as introducing and/or explaining services offered by the Company. 1.9. Any Referral(s) accounts containing data intersection (i.e. accounts having the same email, phone number, physical address, passport details, IP address or other) will be removed from the Partner’s client list and previously paid commissions will be deducted. 1.10. The Partner has no right to be placed under his Referrals’ Partnership accounts. Liteforex (Europe) Ltd (ex. Mayzus Investment Company Ltd) 1 T: +357 2575 0555, F: +357 2572 2377, E: [email protected], W: www.liteforex.com A: 124 Gladstonos Street, The Hawk Building, 4th Floor, 3032, Limassol, Cyprus PARTNERSHIP AGREEMENT 1.11. The Partner shall not direct or influence any Referral(s) with regards to his trading or funding facilities unless the Referral(s) provide written consent to the Partner to do so in a form acceptable by the Company. 1.12. Referral(s) can be removed/added from/to the Partner’s affiliate group upon Referrals’ written notification to the Company. 1.13. If a Client registered with the Company prior to the date on which the Partner opened his/her Partner`s account, the Client cannot be transferred to the Partner`s group. 1.14. The Company does not provide information about trading operations or personal details of Partner`s Referral(s) or any other Company Client(s). 1.15. Each party commits itself to preserve the confidential and private character of all the information received from the other side within the framework of the present Agreement, unless its disclosure is required by Law, and the Partner will not disseminate any information to any person, and they will not use any such information for their own purposes, unless they have obtained the prior written consent of the Company. Confidential information shall be considered any information in relation to the Company or its Client(s), which is not publicly known. 1.16. The Partner can only refer Client(s) to the “Mini” and “Classic” type servers. 1.17. After signing the Partnership Agreement, the Partner applies for the partnership program. The application will be considered within 3 working days. After the application is approved, two accounts will be opened automatically in the Partner`s profile, one on the “Mini” server, and the second on the “Classic”server . 1.18. The Company has the right to reject any Client application for the Partnership program. 2. RIGHTS AND OBLIGATIONS OF THE PARTNER 2.1. The Partner is obliged to ensure compliance of the business he operates with relevant legislation. 2.2. The Partner shall provide valid information about himself necessary for full verification of his profile on the Company’s website. The Partner shall furthermore keep this information updated and notify the Company immediately about any possible changes regarding this information. 2.3. After signing the present Agreement, the Partner is entitled to receive Partner`s commission for each trading operation conducted on the active accounts of the Referrals that belong to his/her Partner account if the trades do not violate any of the Company`s terms. The amount of the Partner`s commission and terms Liteforex (Europe) Ltd (ex. Mayzus Investment Company Ltd) 2 T: +357 2575 0555, F: +357 2572 2377, E: [email protected], W: www.liteforex.com A: 124 Gladstonos Street, The Hawk Building, 4th Floor, 3032, Limassol, Cyprus PARTNERSHIP AGREEMENT of receipt are specified in this Agreement. 2.4. The Partner is obliged to be familiar with the Company’s information resources and to inform the Referral(s) about relevant changes to these resources at regular intervals; to provide explanations to any queries the Referral(s) may have about the services provided by the Company; to provide comprehensive information and legal support to the Referral(s) and in addition to contact the Company in case tradingrelated issues occur that the Partner cannot assist the Referral(s) with. 2.5. Subject to the Partner’s compliance with all applicable campaign terms of this Agreement, the Company grants the Partner a limited, non-exclusive, revocable license to market, display, perform, copy, transmit, and promote the Company’s marketing/advertising campaigns. 2.6. The Partner has the right to plan and implement marketing/advertising campaigns independently, but only with the Company’s coordination and can only implement campaigns after final approval from the Company. The Company is not responsible for any costs or charges for such activity. The cost and consequences are the sole responsibility of the Partner. The Partner’s use of campaigns or copyrighted materials of the Company in violation of this Agreement are strictly forbidden. Should this occur, the Company may immediately terminate this Agreement as well as the Partner’s participation in its network. 2.7. The Partner shall not use any of the Company’s product brand names or any other trademarks without prior and written consent from the Company: a) No press releases or general public announcements shall be made on the Partner’s side without mutual consent between the Partner and the Company, and the Company’s final consent to such actions; b) None of the elements of the Company’s website design (except banners or the logotype serving the Partner’s referral activity and approved by the Company) shall be used by the Partner for individual or publicity purposes. 2.8. The Partner has the right to handle any operations related to the Referral(s) trading account(s) with prior consent and written authorization from the Referral, or if it is agreed in the Referrals and the Partners Agreement, which is presented to the Company. 2.9. Under no circumstances shall the Partner affect the Company’s public image with actions arising from: • Violation of rights of privacy or publicity; • Intellectual property infringement, false advertising, misrepresentation or product liability; • Any inaccuracies or omissions in the Partner’s Referral(s) activity; Liteforex (Europe) Ltd (ex. Mayzus Investment Company Ltd) 3 T: +357 2575 0555, F: +357 2572 2377, E: [email protected], W: www.liteforex.com A: 124 Gladstonos Street, The Hawk Building, 4th Floor, 3032, Limassol, Cyprus PARTNERSHIP AGREEMENT • Any contaminated files, viruses or related software problems from the Partner’s website; • Objectionable and/or harmful content of the Partner’s website; • Immoral or unethical links or banners on the Partner’s website; • Malware/spam distribution by the Partner to their Referrals in the form of mass mailing; • The Partner shall not promote the referral link provided to him by the Company by using search systems, contextual advertising systems or sponsored search without Company approval and permission; • Any other actions that could potentially harm the Company`s good reputation. 2.10. The Partner shall not conclude any other Agreements (i.e. contracts) on behalf of MAYZUS with any other sub-agencies or third parties without a written consent from the Company. 2.11. The Partner has no right to handle any payments or financial transactions to his Referral(s), or perform any activities related to the Referrals’ funds or other properties. 2.12. The Partner has the right to terminate the present Agreement by sending a written notification to [email protected]. The Company’s obligations are considered fulfilled if all accounts with the Partner have been settled. Any complaints and disagreements shall be solved via email [email protected]. 2.13. The Partner is aware and acknowledges that there is a great risk of incurring losses and damages as a result of the investment activity performed by his Referral(s) through the Company and accepts and agrees to fully comply with the regulatory requirements of the Company that require him to communicate such risks to all customers at all times when promoting the Company’s services. 3. RIGHTS AND OBLIGATIONS OF THE COMPANY 3.1. The Company is obliged to provide proper functioning and full access to its entire products and services to the Clients referred to its website by the Partner. 3.2. The Company is obliged to provide a secure trading system for Referrals to perform trading operations, by setting up logins and passwords. Additionally, the Company must keep a record of all operations made by its Clients. 3.3. The Company will pay commission to the Partner, only from trades, which were made from Clients’ Liteforex (Europe) Ltd (ex. Mayzus Investment Company Ltd) 4 T: +357 2575 0555, F: +357 2572 2377, E: [email protected], W: www.liteforex.com A: 124 Gladstonos Street, The Hawk Building, 4th Floor, 3032, Limassol, Cyprus PARTNERSHIP AGREEMENT money. In the case of using credited funds, commission is not paid. The Company is liable to pay commission fees, as per the table below: Forex MINI, $ per lot 6 8 10 Gold Silver CLASSIC, $ per lot 4 6 8 11 13 15 6 8 10 Lots per month 0-500 501-2000 >2000 0-500 501-2000 >2000 0-500 501-2000 >2000 3.4. The Company is liable to pay 10% of the commission that the Partner's direct sub-affiliates receive, 1% of the commission the Partner's sub-affiliates of the second level receive, and so on to an infinite level. 3.5. The Company reserves the right to change the conditions stated in clause 3.3 at any time without prior notification to the Partners. 3.6. The Company reserves the right to change the Partner’s commission level, as well as the subsequent levels at any time at its sole discretion without prior notification to the Partner. Additionally, the Company reserves the right to enter an Agreement (with any Partner) on a personal commission level or scheme that has different parameters than stated above. 3.7. The Company will pay to the Partner the commission as per the table stated in clause 3.3. based on a monthly calculation of the total traded volume of the Referral(s) of the Partner. Calculation of the total volume will be taken at the last day of each calendar month, and the relevant commission level will be assigned to the Partner for the next calendar month. 3.8. The Company may at any time require the Partner to provide information resources to check/update the affiliate link. Furthermore, the Company reserves the right to refuse opening a Partner’s account or terminate the present Agreement if any of these resources have not been provided or if the terms described in paragraph 2 have been violated. 3.9. The Company cannot be made responsible for any financial losses made by either the Partner or his Referral(s), and thus does not compensate such losses or any moral damage related to this. 3.10. The Company is under no circumstances liable for any actions on the Partner’s side involving the violation of the terms and conditions of the present Agreement. Liteforex (Europe) Ltd (ex. Mayzus Investment Company Ltd) 5 T: +357 2575 0555, F: +357 2572 2377, E: [email protected], W: www.liteforex.com A: 124 Gladstonos Street, The Hawk Building, 4th Floor, 3032, Limassol, Cyprus PARTNERSHIP AGREEMENT 3.11. In some cases, upon the Company`s decision, commission payments may be changed from daily, to a weekly or monthly basis. 3.12. If the Company identifies any abuse or fraudulent actions on the trading activities of the Partner or Partner`s Referral(s) for the purpose of getting extra commission, the Company reserves the right to place a time limitation on the Partner’s profile to prevent such activities or not to credit the Partner with commission rewards for such activities, or to cancel and deduct previously paid commission. The Company has the right to exclude Referral’s account from Partner’s group, in case the Company notices that Referral acts against the present Agreement. 3.13. As a policy, the Company does not accept to be associated with marketing material (including websites) that creates reputational risks for the Company such as marketing material containing pornographic, sexist, racist, political, religious or violent content; misleading or abusive information such as guaranteed or unrealistic returns on investment or that suggest trading is without risk. 4. FORCE MAJEURE Other than the obligation to pay any sums due under this Agreement, each party shall be excused from any delay or failure in performing its obligations under this Agreement caused by reason of Force Majeure. Force Majeure for the purpose of this clause shall mean the occurrence of an event or contingency beyond the reasonable control of the relevant party including but not limited to, the failure of performance by the other party due to acts of God, earthquake, power failure, labour disputes, riots, legal consents and governmental requirements. 5. CONCLUDING PROVISIONS 5.1. The content of this Agreement succeeds any other prior Agreement between the Company and the Partner in oral or written form. 5.2. In case of disagreement, the English version of the Agreement has priority over any other language version, and remains in full force and effect. 5.3 In case of a breach of the present Agreement, the Company reserves the right to take appropriate action against the Partner. 5.4. The Company reserves the right to terminate this Agreement with a 7 calendar day notification to the Liteforex (Europe) Ltd (ex. Mayzus Investment Company Ltd) 6 T: +357 2575 0555, F: +357 2572 2377, E: [email protected], W: www.liteforex.com A: 124 Gladstonos Street, The Hawk Building, 4th Floor, 3032, Limassol, Cyprus PARTNERSHIP AGREEMENT Partner. At the same time, the Partner has the right to terminate this Agreement with written notice to the Company by e-mail to [email protected]. Obligations of the Company and the Partner are deemed to be fulfilled after full settlement with each other. These Terms and Conditions are valid and legally binding unless any of the two parties have given the other a written termination notice in accordance to point 5.4. prior to termination of the Agreement. These Terms and Conditions are governed by the Laws of the Republic of Cyprus and International Laws. These Terms and Conditions are effective from March 14, 2016 and shall remain the same until a more recent version is released. Liteforex (Europe) Ltd (ex. Mayzus Investment Company Ltd) 7
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