Terms & Conditions

By completing the Affiliate Application to EZtrader Affiliate Program (the "Affiliate Program") and clicking "I Accept" on the form, you are hereby fully agree to abide by all the terms and conditions set out in this Agreement. The parties to this agreement are you (hereinafter the “Applicant” or “Affiliate” respectively) and EZTrader.com Ltd. (EZTrader), (hereinafter: “the company”)

Purpose

This Agreement governs the terms and conditions relating to the promotion by the Affiliate of the Company's client’s Websites, hereinafter referred to as “EZtrader” whereby the Affiliate will be paid a commission depending on the traffic generated to EZtrader subject to the terms and conditions of this Agreement.

Acceptance of Affiliate

The Company shall evaluate the Affiliate Membership Form hereby submitted and shall inform the Applicant in Email whether the Membership Form is accepted or not. The Company reserves the right to refuse the application for any reason without explanation.

Qualifying Conditions

The Applicant hereby warrants that:

He/She is of the legal age in the applicable jurisdiction to agree to and enter into an Agreement.

He/She is competent and duly authorized to enter into binding Agreements for the Affiliate and/or the Website/offline.

He/She is the proprietor of all rights, licenses and permits to market, promote and advertise EZtrader in accordance with the provision of this Agreement.

He/She shall comply with all applicable rules, laws and regulations in connection with the promotion of EZtrader.

He/She fully understands and accepts the terms and conditions of the Agreement.

Responsibilities and Obligations of the Affiliate

Activities: AFFILIATE will use its best efforts and shall devote reasonable amounts of its time, personnel and resources to (a) promote and market, within such territory as may be specified by EZTrader, in its sole discretion, and communicated to AFFILIATE via e-mail ("Territory"), the Platforms on those websites with respect to which AFFILIATE has or will have a marketing arrangement (the "Websites"), and (b) identify for EZTrader prospective users of the Platforms within the Territory to which AFFILIATE has actively promoted the Platforms via the Websites (each, a "Lead"). In no event shall AFFILIATE engage in any marketing or promotional activity related to EZTrader, any EZTrader Related Entity (as hereinafter defined) and/or any Platform in any area, location, territory or jurisdiction outside of the Territory.

AFFILIATE shall bear all costs and expenses for such activities unless otherwise determined by EZTrader, in its sole discretion. As used herein, "Related Entity" shall mean, with respect to a Party, any entity that, directly or indirectly, controls, is controlled by, or is under common control with, such Party; where "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management policies of another, whether through the ownership of voting securities, by contract, as trustee or executor, or otherwise.

Affiliate will use only a tracking provided within the scope of the affiliate program, otherwise no warranty whatsoever can be assumed for proper registration and revenue accounting. Also, not to alter, change or modify in any way any link or marketing material without prior written and duly signed authorization from the Company.

That it will not perform any act which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.

That it will not actively target any person who is under the legal age for Finance Trading.

That it will not actively target any jurisdiction where Finance Trading and the promotion thereof is illegal.

That it will not generate traffic to EZtrader by illegal or fraudulent activity, particularly but not limited to by:

• a) Sending spam.
• b) Incorrect metatags.
• c) Registering as a trader or make deposits directly or indirectly to any trader account through his tracking links for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Company. Violation of this provision shall be deemed to be fraud.
• d) That it will not present the Website in such a way that it might evoke any risk of confusion with EZTrader and/or the Company and/or its clients or convey the impression that the web site of the contracting party partly or fully originated with EZTrader and/or the Company and/or its clients.
• e) Without prejudice to the Marketing Material as may be forwarded by the Company and/or made available online through the website http://www.eztrader.com/affiliates.aspx The Affiliate may not use EZtrader or other terms, trademarks and other intellectual property rights that are vested in the Company and/or its clients unless the Company consents to such use in a duly signed writing notice and in advance.

Responsibilities and Obligations of the Company

• 1. The Company shall provide the Affiliate with all information necessary and marketing material for the proper implementation of his traffic tracking.
• 2. The Company shall administrate the turnover generated via the links, record the net revenues and the total amount of commission earned via his traffic, provide the contracting party with commission statistics, and handle all customer services related to the business. A unique tracking identification code will be assigned to all referred customers.
• 3. The Company shall pay the Affiliate the amount due depending on the traffic and or revenue generated subject to the terms and conditions of this Agreement.
• 4. The Company may refuse any customer or close a customer's account if it is necessary to comply with the Company's Policy and/or protect the interest of the Company.

COMMISSIONS

EZtrader agrees to pay the Affiliate a commission calculated on the generated traffic from new customers referred by the Affiliate Website, and shall be due and payable within forty five (45) days after the end of the applicable month provided all AFFILIATE account details as stated in the registration page are correct, and shall be payable when it exceeds the Minimum Threshold.

Payment of commissions shall be made as per the payment method chosen by the Affiliate in the application process. If an error is made in calculating the commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.

If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty (30) days send an email to the Company on payment@eztrader.com and indicate the reasons of such dispute.

Failure to send an email within the prescribed time limit shall be deemed to be considered as final and irrevocable acknowledgment of the Balance due for the period indicated.

Payment has to be made to the owner of the AFFILIATE account only. If a company name is entered into the company name field, the company has to issue an invoice by the 5th day of the applicable month. EZTrader reserves the right to modify the Commissions and/or the payment terms at any time upon reasonable advance notice to AFFILIATE.

EZtrader may delay payment of any Balance to the Affiliate for up to 180 days (one hundred and eighty days), while it investigates and verifies that the relevant transactions comply with the provisions of these terms and conditions.

No payment shall be due when the traffic generated is illegal or contravenes any provision of these terms and conditions.

The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the company or its clients to the fullest extent of the law.

The Company reserves the right to set limits for a minimum level of activity on affiliate accounts. Such minimum activity levels will be continuously reviewed and the Company reserves the right to terminate any agreement not reaching the limit. Such limit shall not be unreasonably high and basically reflect the intention of avoiding accounts where the revenue does not cover our internal costs for maintaining the account and the payout procedure.

Termination

This Agreement may be terminated by either party by giving written notification to the other party. Written notification may be given by an email address indicated as the legal address of each party.

• a) The Contracting Parties hereby agree that on termination of this Agreement.
• b) The Affiliate must remove all references to EZtrader from the Affiliate's websites and communications, irrespective of whether the communications are commercial or otherwise.
• c) All rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company.
• d) The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however provided, EZtrader may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.
• e) If this Agreement is terminated by the Company on the basis of an Affiliate's breach, the Company shall be entitled to withhold the Affiliate’s earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach.
• f) The Affiliate must return to the Company any and all confidential information (and all copies and derivations thereof) in the Affiliate's possession, custody and control.
• g) The Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.

PROPRIETARY RIGHTS.

Proprietary Rights of EZTrader. As between AFFILIATE and EZTrader, the EZTrader Marks (defined below), the Creative, all demographic and other information relating to Leads, Active Leads, the Platforms and all software, documentation, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, web sites, and any additional intellectual or other property used by or on behalf of EZTrader or otherwise related to the Platforms, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and appurtenant thereto (collectively, " EZTrader Property") shall be and remain the sole and exclusive property of EZTrader. To the extent, if any, that ownership of any EZTrader Property does not automatically vest in EZTrader by virtue of this Agreement, or otherwise, AFFILIATE hereby transfers and assigns to EZTrader, upon the creation thereof, all rights, title and interest AFFILIATE may have in and to such EZTrader Property, including the right to sue and recover for past, present and future violations thereof.

EZTrader 's Marks. During the term of this Agreement, EZTrader hereby grants to AFFILIATE a limited, revocable, non-exclusive and non-transferable license to display the names and trademarks associated with the Platforms (collectively, the " EZTrader Marks"), solely as necessary to perform AFFILIATE's obligations under this Agreement. AFFILIATE acknowledges and agrees that: (a) it will use the EZTrader Marks only as permitted hereunder; (b) it will use the EZTrader Marks in a lawful manner and in strict compliance with all format(s), guidelines, standards and other requirements prescribed by EZTrader; (c) the EZTrader Marks are and shall remain the sole property of WPM; (d) nothing in this Agreement shall confer in AFFILIATE any right of ownership in the EZTrader Marks and all use thereof by AFFILIATE shall inure to the benefit of EZTrader; and (e) AFFILIATE shall not, now or in the future, contest the validity of any EZTrader Mark or use any term or mark confusingly similar to any EZTrader Mark.

CONFIDENTIALITY.

Each Party acknowledges and agrees that any and all information associated with the other Party's business and not publicly known, including, but not limited to, the contents of this Agreement, specific trading information, technical processes and formulas, source codes, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs, and other unpublished financial information, business plans and marketing data, is confidential and proprietary information ("Confidential Information"), whether or not marked as confidential or proprietary. Each Party agrees to use the other Party's Confidential Information solely as necessary for performing its obligations hereunder. Each Party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (a) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such Party's obligations hereunder, who each shall treat such Confidential Information as provided herein; or (b) as required by any law, regulation, or order of any court of proper jurisdiction over the Parties and the subject matter contained in this Agreement. Confidential Information shall not include any information which is: (i) in the public domain, or is already known by or in the possession of the non-disclosing Party, at the time of disclosure of such information; (ii) is independently developed by the non-disclosing Party without breaching any provisions of this Agreement; or (iii) is thereafter rightly obtained by the non-disclosing Party from a source other than the disclosing Party without breaching any provision of this Agreement.

Warranties

The Affiliate expressly acknowledges and agrees that the use of the Internet is at its own risk and that this Referral Program is provided "as is" and "as available" without any warranties and/ or conditions whatsoever, whether express or implied. No guarantee is made that it will make access to its website possible at any particular time or any particular location.

The Company shall, in no event, be liable to the Affiliate or anyone else for any inaccuracy, error or omission loss, injury or damage caused in whole or in part by failures, delays or interruptions of EZtrader website or the Affiliate Program.

Indemnification

AFFILIATE agrees to indemnify, defend and hold harmless EZTrader and the EZTrader Related Entities and the directors, officers, employees, subcontractors and agents thereof (collectively, the "Indemnified Party"), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon or arises out of: (a) AFFILIATE's breach of any representation, warranty, obligation or covenant under this Agreement; (b) AFFILIATE's gross negligence or willful misconduct; or (c) any warranty, condition, representation, indemnity or guarantee relating to EZTrader, EZTrader Related Entities and/or the Platforms granted by AFFILIATE to any Lead or other third party. Notice. In claiming any indemnification hereunder, the Indemnified Party shall promptly provide AFFILIATE with written notice of any claim which the Indemnified Party believes falls within the scope of the foregoing paragraphs. The Indemnified Party may, at its own expense, assist in the defense if it so chooses, provided that AFFILIATE shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement intended to bind the Indemnified Party shall not be final without the Indemnified Party's written consent, which shall not be unreasonably withheld.

Force Majeure

If the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action (including, but not limited to, any law, regulation or embargo prohibiting the performance contemplated hereunder and/or the failure or refusal of a government agency to issue a license required for any performance pursuant to this Agreement), labor disputes, act of God or any cause beyond the reasonable control of that Party, the Party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause. Notwithstanding anything herein to the contrary, the Party prevented from performing hereunder by a force majeure event shall nevertheless use its best efforts to recommence its performance hereunder as soon as reasonably practicable and to mitigate any damages resulting from its non-performance hereunder.

Independent Contractors

The Parties to this Agreement are independent contractors. Neither Party is an agent, representative or Related Entity of the other Party. Neither Party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party.

Notice

Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes (a) by e-mail to the Party to which the same is directed and/or(b) by telephone call to the respective telephone numbers of the Parties as set forth on the Registration Page.

Non-Waiver

The Company's failure to enforce the Affiliate's adherence to all terms outlined in this Agreement shall not constitute a waiver of the right of The Company to enforce said terms at any time.

Applicable Laws

This Agreement shall be governed, construed and enforced in accordance with the laws of the Republic of Cyprus. Each Party agrees that any legal action, proceeding, controversy or claim between the Parties arising out of or relating to this Agreement may be brought and prosecuted only in a court of law in the Republic of Cyprus, and by execution of this Agreement each Party hereto submits to the exclusive jurisdiction of such court and waives any objection it might have based upon improper venue or inconvenient forum.

By marking the "I accept" checkbox, AFFILIATE hereby fully agrees with all terms and provisions.

Changes to this Agreement

The Company reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the terms and conditions set out in this Agreement. Any such changes will be posted on EZtrader and via email to Affiliates. In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.

Spam

Affiliate agrees to comply with all US Federal CAN-SPAM Acts.

EZtrader has a zero tolerance policy towards spam and any Affiliate associated with spam. If EZtrader establishes, at EZtrader's absolute discretion, that Affiliate is involved with spam in any way including, without limitation, creating, sending or otherwise distributing spam, EZtrader may immediately terminate Affiliate's Affiliate Program account and Affiliate will forfeit all Commissions owed to Affiliate.

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