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Terms & Conditions
Affiliation Program Terms and Conditions
The following are our complete terms and conditions to apply as a member
of the AFFILIATEYARD affiliation program. Please read this agreement
completely, You must agree with and accept all of the terms and
conditions contained in this Agreement without modifications, which
include those terms and conditions expressly set out below and those
incorporated by reference, before you may become an AFFILIATE of
AFFILIATEYARD.COM.
By submitting the application and/or in continuing to access or use the
Web site, you are deemed to have agreed to be bound to the terms and
conditions set out in this agreement as they may apply to you.
You can enroll as a member of AFFILIATEYARD affiliation Program by creating a
unique link to Forexyard.com using text or one of our banners located
on our banner farm. This Agreement is effective upon completion of
registration for new registering AFFILIATES.
If you do not agree to be bound by the terms and conditions of this
Agreement, do not use or access our services and inform us in writing
immediately.
AFFILIATE AGREEMENT
This Agreement is made between Fxyard Limited. (hereinafter: "FX"
or AFFILIATEYARD.COM), on one hand; and You, the AFFILIATE (hereinafter
"AFFILIATE"), on the other,
Whereas FX is a provider and/or broker and/or mediator of AFFILIATE programs,
maintained and implemented via various internet trading platforms
(hereinafter: "third party", "trading platform");
and
Whereas The AFFILIATE wishes to refer customers to FX; and
Whereas FX wishes to acquire customers and prospect customers to further
refer to third parties and internet trading platforms; and
Whereas the AFFILIATE wishes to be remunerated for his successful efforts
marketing activities, mainly being referral of customers; and
Whereas FX is willing to remunerate the AFFILIATE for such successful
referrals; and
Whereas FX is an independent business organization, and AFFILIATE is an
individual contractor; and
Whereas nothing in this Agreement should imply or form any partnership, joint
venture, agency structure, franchise, sales representative, or
employment relationship, or a relationship of a principal and an
agent between the parties;
Definitions:
1.1 "Site" means the Forexyard.com website located at
http://www.forexyard.com and its related pages.
1.2 "Trader(s)" means a person that enters the Site via your
Tracker(s) and deposited a certain amount of money.
1.3 "Tracker(s)" means the unique tracking URL that we provide
exclusively to you, during the term of this Agreement, through which
we track your efforts and calculate your Advertising Revenue.
1.4 "Banners and Text Links" means the graphical artwork or
text that will be directed to the Site's home page at
http://www.forexyard.com through your Tracker, to permit a Trader to
hyperlink from your website to our Site.
1.5 "Deposit(s)" means funds transferred by Traders to their
Site account.
1.6 "Redeem(s)" means any and all funds withdrawn or cashed-out
by Traders from their Site account plus amount pending on the traders
account plus any Deposits reversed (or credits given) by us, in our
sole discretion, to negate fraud, error, Trader non satisfaction or
through charge-backs.
1.7 "CPA Structure is based on a one-time payment in which the
AFFILIATE is paid for a depositing trader he delivered to AFFILIATEYARD.
The CPA amount will vary and will only be paid once for each trader.
In case of a CPA traders claiming chargeback or a credit the trader
will not be counted. "Duplicate trader(s)" means a trader
that opened more then one account on our Sites. "Abusive Trader"
means a trader who demonstrates any kind of behavior that the Site
deems a violation of its terms of use.
AFFILIATES who chose a CPA
commission structure will receive no commissions for Duplicate Trader
and Abusive traders.
1.8 "Spam" means emails and messages that are sent by you,
directly or indirectly, which: 1), contain false or misleading
statements; 2), do not truthfully identify the source or the
originating IP Address; or 3), do not contain an online and real time
Remove option.
1.9 "Fraud Traffic" means Deposits or traffic generated at the
Site through illegal means or in bad faith to defraud the system,
regardless of whether or not it actually causes us harm. Fraud
Traffic includes but is not limited to Spam, false advertising and
unauthorized use of any third party copyrights or trademarks.
1.10 "Sub-AFFILIATES" means all traffic generated via your
dedicated links and generated by a 3rd party you contacted and linked
to the site.
The parties hereby agree:
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The preamble, as well as any and all appendices and/or amendments to
this Agreement are an integral part of it.
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The AFFILIATE has carefully read the terms and provisions to this
Agreement, and understood it all.
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FX (AFFILIATEYARD.COM) and AFFILIATE are entering into a simple business
agreement, being in the best interest of both parties.
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All copyrighted material and trademarked names and logos used in the
course of activity under this Agreement, by either one party or
both, shall remain the exclusive intellectual property of FX. No
transference of intellectual property ownership or conveyance of
rights is intended or conferred in this Agreement. Sales and
interests in this Agreement may not be transferred or sold to any
other entity, and all business engagements and activities between
the parties are subject to the terms of this Agreement. Such
includes materials provided by FX to AFFILIATE, for the purpose of
AFFILIATE'S implementation and/or usage, and such provision shall
not entitle AFFILIATE with any ownership or freedom to use other
than under FX's instructions.
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Further to the abovementioned, any publishing or advertising material made
and/or purchased and/or invested by AFFILIATE for the purpose and
the course of affiliation activities, shall belong to FX, regardless
of the identity of the maker or purchaser of such material.
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In all cases of AFFILIATE'S addressing, or approaching, or
communicating with, any audience, such as advertising materials,
approaching internet surfers, approaching prospect readers via
other-than-internet media channels, handling internet interfaces
with surfers and users, or any other method of contact or
correspondence with existing or prospect customers, FX will have the
full authority to immediately cancel, cease or alter, upon FX's own
discretion, such communication method.
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Further to the abovementioned, all platform patterns, as well as all
advertising and communicating methods used by AFFILIATE, will be
subject to FX's approval, prior to AFFILIATE'S usage. Moreover, such
includes materials already provided by FX to AFFILIATE, which will
remain being subject to FX's consent and approval prior to
AFFILIATE'S implementation and/or usage.
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Both parties undertake and bind to maintain confidence in regards to any
matters of business conducted under this Agreement.
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AFFILIATE shall indemnify and hold AFFILIATEYARD.COM harmless from any and all
legal actions, damages or liabilities incurred from the operations
conducted by AFFILIATE. Under no circumstances will AFFILIATEYARD.COM be
liable, whether in tort, contract or otherwise, for indirect,
incidental, consequential, special or exemplary damages (including,
but not limited to, damages for any loss of revenue, profits,
business interruption, loss of business information or data, work
stoppage, hardware or software failure, or other pecuniary loss)
arising from, or relating to, any provision of this Agreement or the
program.
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AFFILIATEYARD.COM will own all right, title and interest in and to all information
that is created or collected in the operation of the AFFILIATEYARD.COM
site, and reserves the right to amend or to terminate this Agreement
at any time, with or without notice to AFFILIATE.
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It is the full responsibility of AFFILIATE to market both FX and the
Trading Platform (the third party), as well as any other products in
a legal, ethical and honest fashion, and AFFILIATE agrees that
AFFILIATEYARD.COM will be held harmless from any and all actions of
AFFILIATE and AFFILIATE'S marketing and promotional programs.
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AFFILIATE shall at all times comply with all local and federal spam, fax,
broadcast and telemarketing, laws, directives and regulations. Any
AFFILIATE'S advertisement that does not comply with applicable
local, state or federal laws, is strictly forbidden and shall be
held as an unauthorized use of AFFILIATEYARD.COM and the trading
platform's trademarks, marks and names.
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Further to the abovementioned, FX will have the full authority to cease,
cancel or alter any publication or communicating method used by
AFFILIATE, whenever FX finds that such material does not comply with
FX's standards as for positioning FX's or third party's reputation
and goodwill in the market. FX shall have the full authority, at its
own discretion, to determine whether the nature of such materials
sufficiently comply with its standards, regardless to their
otherwise being legally or ethically compliant or non-compliant.
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Should action be brought against AFFILIATEYARD.COM for such said activity by
AFFILATE, AFFILIATE agrees to bear all costs and penalties associated with such
activity, including, but not limited to, AFFILIATEYARD.COM legal costs
for any alleged infraction of such laws, directives or regulations.
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AFFILIATEYARD.COM reserves the right to amend all pricing plans, commissions or
conditions relative to this agreement, at any time and in its sole
discretion, by posting a change notice or a new agreement on our
site which we will notify you of. Modifications may include, for
example, changes in the scope of available Advertising Revenue, fee
schedules, and affiliation Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO
TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE
PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON
OUR SITE (WHICH WE WILL NOTIFY YOU OF) WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
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AFFILIATEYARD.COM reserves the right to terminate any relationship with AFFILIATE, or
the AFFILIATE'S business status with FX, with or without specific
reasoning or cause, at its sole discretion, with or without notice.
By joining the AFFILIATEYARD.COM AFFILIATE program, AFFILIATE and
AFFILIATE'S managers and owners are tendering herein their personal
guarantee to this Agreement's terms and conditions.
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AFFILIATE further agrees and warrants that it will comply with all local,
state and federal laws, directives and regulations (including, but
not limited to, the "CAN-SPAM" Act, effective January 1,
2004) regarding the sending of e-mails and e-mail correspondence.
-
FX reserves the right not to accept an applicant into the AFFILIATE
Program based on site content. Sites that do not qualify for FX's
AFFILIATE Program include sites which
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promote illegal activities
- violate intellectual property rights
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FX in no way participates in mass unsolicited emailing (i.e. spamming,
desktop scrapes), and AFFILIATE is expected to adhere to this policy
as well. Violation of this policy will result in the termination of
this Agreement and immediate dismissal from FX's AFFILIATE Program,
with no refund. Furthermore, an AFFILIATE caught spamming with FX's
name will forfeit their AFFILIATE information and any commissions
earned. If AFFILIATE violates this policy and it causes damage or
loss to our servers, or causes one, or more, of FX's (or FX's third
party platforms) web sites to be interrupted from normal service,
AFFILIATE will be held liable for damages and loss of business.
-
Accordingly, AFFILIATE'S sending e-mails to promote our sites are strictly
forbidden. Violation of this policy will result in the termination
of this Agreement and immediate dismissal from FX's AFFILIATE
Program, with no refund.
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In case that AFFILIATE has their own "opt-in" e-mail address
list (e.g. - surfers that positively selected the option to receive
e-mails from the sender), FX may consider approving the sending of
such e-mails as per AFFILIATE'S request. Such request will be
submitted in writing by AFFILIATE to FX, associated with all
relevant info needed, and FX may, at its own discretion, respond
with a written approval to AFFILIATE. More specifically, FX does not
undertake to approve any of such requests, and in case it does
approve such mailing, separate approval will be needed for each
single mailing batch.
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For clarification purposes, the definitions of Spam (or spamming) are:
- Sending
any e-mail with to anyone that has not requested this particular
information or has agreed to criteria this email fulfills.
- Sending
any e-mail with FX's name (or FX's third party trading platforms)
name to any type of "Safe List" or through any type of
"Safe List" service.
- Sending
any e-mail with FX's name (or FX's third party trading platforms)
name to any type of "lead" or "prospect" before
you have received a request for more information from them.
- Sending
any e-mail with FX's name (or FX's third party trading platforms)
name to as part of a confirmation or thank you letter as a result
of a posting to a classified ad site or a FFA (Free for All Links)
site. Even when FX's name (or FX's third party trading platforms)
name and domain name are not mentioned or linked to in any way in
AFFILIATE'S advertising; FXencourages AFFILIATE'S ethical and
honest business practice, and respect for the privacy of others.
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To avoid even the appearance of Spam, AFFILIATE shall always include
"unsubscribe" information at the top and bottom of the
email. Scumware is the use of Pop-up banners that hide banners that
are displayed on a site, placement of icons beside keywords found in
text that if clicked will take the visitor to someone else's site,
etc. FX promises it will not use such predatory advertising methods.
Further, AFFILIATE using such methods will have their account
terminated.
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AFFILIATE shall not issue, nor cause to be issued, any news/media/press
release that uses the AFFILIATEYARD.COM or the trading platform's
trademarks(s) without prior written consent from AFFILIATEYARD.COM.
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For remuneration purposes, a newly referred customer shall be considered
"Active" on the date that the internet trading platform
(the third party) reports the customer as "activated" to
AFFILIATEYARD.COM. "Activated" means that the sales team of the
trading platform has managed to contact the customer, verified all
the details submitted by the customer upon registration at the
trading platform site, and deposited real funds (money), using the
payment methods as defined by the trading platform's management. FX
will post all active customers to the AFFILIATE tracking system upon receipt of such data from the trading platform.
For information purposes only, FX believes that, in most cases, such
will be done in "real time".
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Notwithstanding the abovementioned, FX will hold ACTIVE customers as "pending",
until it is fully cleared to FX that such customers comply with all
legal and administrative requirements, and that they are not crooks,
or that the moneys deposited by them were not originated or
generated from illegal activities. Furthermore, that includes all
cases where customers' moneys were already deposited, and the
AFFILIATE'S commission has already been attributed, or paid.
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The method of FX remunerating the AFFILIATE under this Agreement is
described and agreed upon in APPENDIX A to this Agreement.
Appendix-A, as well as any other amendment and/or appendix, from an
integral and basic part of this Agreement.
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By this Agreement, FX grant you the non-exclusive right to direct
customers to our site and services, in accordance with the terms and
conditions of this Agreement. This Agreement does not grant you an
exclusive right or privilege to assist us in the provision of
services arising from your referrals, and we obviously intend to
contract with and obtain the assistance from others at any time to
perform services of the same or similar nature as yours. You shall
have no claims to Advertising Revenue or other compensation on
business secured by or through persons or entities other than you.
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The laws of the Republic of BVI shall govern this Agreement. Should
there be any legal dispute between the parties, then both parties
agree to bring the matter before arbitration/mediation in a court of
law of the Republic of BVI, should AFFILIATEYARD.COM requests
arbitration/mediation, in lieu of formal legal process. Both parties
mutually agree that the sole legal venue for all disputes shall be
the courts of law of the Republic of BVI.
The parties have agreed upon this AGREEMENT provisions and terms.
By marking the "I accept" checkbox, AFFILIATE hereby fully
agrees with all terms and provisions.
AGREEMENT APPENDIX A: AFFILIATE COMPENSATION
This APPENDIX is an integral part of the Agreement made between
AFFILIATEYARD.COM (hereinafter: "FX" or AFFILIATEYARD.COM), on one
hand; and You, the AFFILIATE (hereinafter "AFFILIATE"), on
the other; All terms and conditions herein are based on a spread to the end user based on those advertised on the FX website to customers entering the site; The AFFILIATE will be entitled to compensation based upon
the following:
- Rev-Sharing:
AFFILIATEYARD allows its AFFILIATES to earn a massive % of the spread
revenue or commission charges from referred depositing traders the
AFFILIATE delivers to Forexyard.com and/or;
- CPA:CPA
Structure is based on a one-time payment in which the AFFILIATE is
paid for each depositing trader he delivers to Forexyard.com. The
CPA amount will be no less than $100 per trader, with each trader
constituting a once off payment. In the interest fraud prevention,
Traders must execute a minimum of 10 round turn trades in order for
CPA to be approved for the AFFILIATE.
Remuneration Terms:
-
Revenue
Sharing: The method of FX remunerating AFFILIATE is based upon
percentage of the spread offered to each customer referred by
AFFILIATE, on an accumulative basis, being calculated, updated and
reported on a real-time basis. Said remuneration to the affiliate
based on rev-sharing will be paid to AFFILIATE on a monthly basis.
The calculation of such shall be on a real time basis, for the full
duration of such referred customer's activity.
- The
AFFILIATE will be entitled to an AFFILIATE Advertising Revenue of
0.5 pips per round turn for, the first $50 million in volume
(calculated as based on each position constitutes the total volume
for any said transaction aggregating into total 1 way volume which
will base all compensation from this point forward and for any
other volume based commissions for the AFFILIATE), which is equal
to the transaction multiplied by the dealing size per round turn
transaction made by the referred customer based on the respective
customer's quoted spread of 3 pips and more.
- After
referring $51 million to $100 million in volume, the AFFILIATE
will be entitled to Advertising Revenue of 0.65 pips per round
turn based on the above terms.
- After
referring $101-250 million, the AFFILIATE will be entitled to
Advertising Revenue of 0.75 pips per round turn based on the above
terms.
- After
referring $251 million, the AFFILIATE will be entitled to
Advertising Revenue of 1.0 pips per round turn based on the above
terms.
- If
however the spread for any specific client is less than 3 pips,
whether due to FX promotions or otherwise, then said remuneration
will be based on:
- Spread
of 2 pips to the referred customer: the affiliate will receive
0.5 pips per round trip transaction multiplied by the dealing
size per round turn transaction.
- Spread
of 1 pip to the referred customer: the affiliate will receive
0.10 pips per round trip transaction multiplied by the dealing
size per round turn transaction.
- It
is additionally agreed to: if the end user is charged a spread of
greater than the table in APPENDIX B, the AFFILIATE will generate
the difference between the charged amount from the customer and the
indication on the table. For example, if the customer is charged 5
pip on the EUR/USD (as indicated with a 3 pips default spread) then
the AFFILIATE is entitled to an additional 2 pips commission in
addition to the commission generated by the trade itself as
indicated in clause 1.1.
- The
remuneration of said rev-share based compensation will be paid
after the deduction of promotional costs associated with the
referral/retention of said clients including but not limited to:
- Cash
Backs: Funds returned to the client at FOREXYARD's discretion at
the time of deposit
- Rebates:
Funds returned to the client at FOREXYARD's discretion based upon
predetermined trading activity or deposits made by the client
after the initial deposit has been made.
- SpreadBack:
Funds returned to the client at FOREXYARD's discretion based upon
a cash value of trading volume made by the client and paid
retroactively.
- To
be eligible for the CPA option the AFFILIATE will need to receive
prior approval from AFFILIATEYARD.COM.
- A
10% security reserve fee will be withheld for 3 months from the
AFFILIATE.
- We
will pay you Advertising Revenue on a monthly basis, by the 15
of each month, but not less than $400 per payment. If you fail to
achieve the amount of $400 Advertising Revenue on a certain month,
the earned amount will be forwarded to the next calendar month. All
payments will be due and paid in United States dollars. If the
account is in a negative position the negative position will be
carried over into the following month(s). Advertising Revenue will
be based upon our good faith calculation based on our statistics.
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Transactions executed by the customer of the referrer which are concluded as break even will not be paid out to the affiliate/referrer in order to eliminate churn as well as fraud. This measure is automatically indicated in rev-share reports and as such, rev-share reports are a net figure.
AGREEMENT APPENDIX B:
Customer Default Dealing Spreads, for
PRO Account Only
Dealing Spreads
|
Currency Pair
|
Spread
|
|
Currency Pair
|
Spread
|
|
EUR/USD
|
3 pips
|
|
EUR/CHF
|
7 pips
|
|
USD/JPY
|
4 pips
|
|
EUR/CAD
|
10 pips
|
|
USD/CHF
|
4 pips
|
|
EUR/AUD
|
15 pips
|
|
USD/CAD
|
5
pips
|
|
GBP/JPY
|
8
pips
|
|
GBP/USD
|
4 pips
|
|
GBP/CHF
|
8 pips
|
|
EUR/JPY
|
4 pips
|
|
CAD/JPY
|
8 pips
|
|
AUD/USD
|
4 pips
|
|
CHF/JPY
|
8 pips
|
|
NZD/USD
|
4 pips
|
|
AUD/CAD
|
10 pips
|
|
EUR/GBP
|
4 pips
|
|
AUD/JPY
|
8 pips
|
|
NZD/JPY
|
8 pips
|
|
AUD/NZD
|
13 pips
|
|
Gold
|
1 USD
|
|
Oil
|
6 cents
|
|
Silver
|
5 cents
|
|
|
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FOREXYARD
Maintains fixed spreads during normal market conditions.
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