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Affiliate Terms of Service

General

  1. These Affiliate Terms of Service (hereinafter "Affiliate Terms") are part of and serve to supplement the Terms of Service (hereinafter the “General Terms”).

  2. The Quedex Affiliate Program allows a Referrer to provide a platform for advertising Quedex in person or via its "website" or “publishing location” (such as an electronic newsletter or blog), thereby driving traffic to Quedex’s website or website content, whereby the Referrer may earn a portion of the revenue generated (“Commission”) if a person that is not the Referrer or a Related Person of the Referrer as defined below (“Visitor”) trades one of the financial products listed on Quedex’s Platform after being referred to the Quedex website from an internet hyperlink (“Link”) contained on the Referrer’s website or publishing location or typing the referral token provided to the Referrer during the referred person’s Quedex Account registration process.

  3. In order to participate in the Quedex Affiliate Program, a Referrer first needs to create an Account at Quedex and accept Quedex’s General Terms as well as these Affiliate Terms.

  4. Quedex retains the right at all times and at its sole discretion to refuse a request by a Member or any other person to become a Referrer with or without reason.

  5. All definitions and capitalised phrases retain their meaning from the General Terms, except where explicitly indicated otherwise in these Affiliate Terms.

Definitions

  1. "Referrer" means any Member that has referred another Member to the Quedex Platform as described in and in accordance with these Affiliate Terms.

  2. "Referred Member" shall mean any Member that has been referred by a valid Link or referral token.

  3. "Commissions" shall mean the amounts paid to a Referrer based on a share of the net revenue contributions made by their Referred Members, in the virtual currency in which the contributions were made or in any other asset available within the Quedex Platform.

  4. "Net Revenue" shall mean, in respect of each transaction made by a Referred Member, the Base Fee, as defined in the Fees subpage within the General Terms, received by Quedex from trades made by a Referrer’s Referred Members, net of tax, discounts or incentives that have been applied to individual accounts and any other levies that may apply to the gross revenue received.

  5. "Revenue Share" means the percentage amount of Net Revenue used for calculating Commissions at each level of Referred Members.

  6. "Related Persons" means:

    1. with respect to a natural person or individual, each other member of such individual’s Family;

    2. any employee, agent, contractor, representative (including his/her Family) of such individual or such individual’s Family; or

    3. any person that is directly or indirectly controlled by, acting in concert, colluding with, under the influence, control, direction and/or advice of such individual or one or more members of such individual’s Family.

  7. "Family" of an individual means a group of people related either by consanguinity (by recognized birth), affinity (by marriage or other relationship), or co-residence, including (i) the individual, (ii) the individual’s spouse and former spouse (whether legally designated as spouse or otherwise), (iii) any other natural person who is related to the individual or the individual’s spouse within the second degree, and (iv) any other natural person who resides with such individual.

Benefits

  1. The Quedex Affiliate Program allows a Referrer to earn rewards from the turnover generated by its Referred Members (so-called "Level 1 Referrals") and by Members referred to Quedex by its Referred Members, i.e. “Level 2 Referrals”, and, in some cases, also by “Level 3 Referrals”, i.e. Members referred by Level 2 Referrals.

  2. The net Revenue Share on each Level may be dependent on the total volume traded by the Referrals on each Level or on other factors as decided by Quedex. The default Revenue Share on each Level will be published on the Quedex Website although we retain the authority to modify this on an individual basis. The default and individual Revenue Share may be adjusted by us at our discretion.

  3. Any future changes to a Referrer’s net Revenue Share will be applicable only to clients referred after such change.

Conditions

  1. The Commissions with regards each Referred Member will be paid for up to 2 years from the registration approval by Quedex of the Referred Member’s Account.

  2. Referrers are not eligible for a Commission on trades made by themselves or any Related Persons, employees, agents, representatives, or contractors, as well as made from any accounts owned by the same person.

  3. Quedex employees (including their Related Persons) are not allowed to participate in the Quedex Affiliate Program.

  4. Any increase in a Referrer’s Account’s percentage used for calculating Commissions will not lead to retroactive payments.

  5. Payments are made directly into the Referrer’s Quedex Account according to the schedule published by Quedex on its Website.

  6. Quedex will track all Commissions earned and may, at its sole discretion and without notice, delay payment or decide not to pay any Commission to a Referrer should we suspect or believe that any referral has been made: in violation of our guidelines; in breach in any way of these Affiliate Terms or the General Terms; due to Visitor, user or customer fraud; due to Visitor, user or customer Account closure ; or for any other reason Quedex may at its sole discretion deem reasonable.

  7. It is a Referrer’s sole, and absolute duty to follow precisely the Affiliate Terms and General Terms and Quedex guidelines at all times, the same which are subject to change at Quedex’s sole discretion and without notice to the Referrer.

  8. Quedex is under no obligation whatsoever to pay any Commission to anyone who does not strictly follow the General Terms, Affiliate Terms and its guidelines, as modified from time to time.

  9. We reserve the right to inform Members that they are linked to a Referrer.

  10. Nothing in these Affiliate Terms shall prohibit or restrict us from reporting the details of any Referrer or transaction hereunder to any applicable regulator insofar as required by law or regulatory requirements Quedex may be subject to at any particular time.

  11. Nothing in these Affiliate terms shall prohibit or restrict Quedex from changing the name of its website or changing any of its trademark guidelines.

Referrer Restrictions

  1. The Referrer acknowledges and agrees that it shall not:

    1. Bid on terms in any search engine that mention Quedex, quedex.net, quedexnet or any of its derivatives and misspellings, with or without keywords such as but not limited to "Quedex futures", “Quedex bitcoin”, “Quedex coupons”;

    2. Use any registered (® or ™) or unregistered trademark or mark owned by or licensed to Quedex, alone or with keywords or any misspellings without Quedex’s explicit and written permission;

    3. Engage in activities that Quedex determines, in its sole discretion, to be harmful to its customers, employees, operations, or reputation;

    4. Design or use the Referrer’s platform, web site or publishing location to market Quedex’s services or platform to any person whose enrolment with or use of Quedex’s platform would violate Quedex’s Terms of Service; and

    5. At any point fail to comply with all applicable laws and regulations with respect to its activities under this agreement and to its business or otherwise act in any manner which may bring the Referrer or Quedex into disrepute.

  2. The Referrer further acknowledges and agrees that its website or publishing location shall not:

    1. Contain false, inaccurate or misleading information about Quedex and/or its products and services;

    2. In any way copy or resemble the look and feel of Quedex’s web site or web site content nor create the impression that its web site or publishing location is part of Quedex’s network of web sites;

    3. Engage in sending unsolicited commercial email ("spam") or indiscriminate advertising;

    4. Violate any applicable law such as data transfer, data privacy, data security laws or any securities laws such as but not limited to offering or promoting Quedex’s products and services in any jurisdiction in which they would be illegal or publishing or causing to be published any material that may be construed as an offer, solicitation, or recommendation to buy or sell securities or other investment products, or as investment, legal, financial or accounting advice;

    5. Advocate, promote, or encourage violence or discrimination against any person, organisation, or governmental entity;

    6. Include Links to web sites containing any of the aforementioned content;

    7. Cause any account linkage to be made that is not in good faith (such as using any device, program, robot iframes, or hidden frames, use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral Link, etc.); or

    8. State or imply that any of the information, content or data contained in its website or publishing location represents or reflects any views, advice or opinions of Quedex.

Referrer Responsibility

  1. As an affiliate, Quedex provides each Referrer with the Links necessary to promote Quedex products and services, which a Referrer may display in any area of its website or publishing location as it wishes. The Links will identify the Referrer’s site as a member of the Quedex Affiliate Program and will establish a Link from their website or publishing location to Quedex’s. Quedex also provides Referrers with a referral token that may be input manually by a Visitor during the Visitor’s Quedex Account registration process. The Referrer acknowledges and agrees that it is the Referrer’s sole responsibility to indicate the correct Link, unique referral, and/or affiliate ID in the promotional materials they use on their website or publishing location.

  2. A Referrer may promote the products and services that Quedex offers in any manner it chooses provided that such manner is not illegal or immoral, does not mislead Visitors with respect to Quedex services, it is in line with Quedex’s General Terms, and will not cause reputational harm to Quedex. Notwithstanding the above, Quedex retains the right to request that the Referrer refrain from promoting the products and services in any particular manner at Quedex’s sole discretion. Should Quedex exercise this right, the Referrer shall, as soon as reasonably practicable and without undue delay comply with Quedex’s request.

Referrer Warranties

  1. The Referrer warrants that:

    1. It has independently evaluated the desirability of promoting Quedex via the Affiliate Program.

    2. It will participate in the Affiliate Program without violating any rules or laws applicable to the Referrer, as confirmed by an independent evaluation (by the Referrer or a qualified third party) of laws that apply to the Referrer’s activities.

    3. The Referrer is solely responsible for any and all activities that occur under the access to and use of Quedex Services under the Referrer’s email and Account, participation in the Affiliate Program and password regardless of whether such access and/or use was authorised by or known to the Referrer or not.

Our Responsibility

  1. Quedex will not be responsible for lost sales or lost opportunity to earn Commission due to any cause (such as but not limited to technical difficulties or over-capacity including system overload or load shedding) preventing Quedex from registering any Account, accepting deposits, executing trades, closing positions, or providing any other product or service to a Visitor.

  2. We may track and report activity of a Referrer’s Referred Members (including Level 2 and 3 Referrals) for the purposes of calculating the Referrer’s Commissions. The form and content of the reports may vary from time to time at our sole discretion. We hereby exclude any and all liability for the timeliness, accuracy or completeness of any such reports.

Commissions

  1. Commission is paid on a receipts, not accruals, basis so if Quedex receives no revenue on any transaction, no Commission is payable.

  2. The Referrer agrees that no payments are due to it other than as expressely agreed in writing between Quedex and the Referrer and in accordance with these Affiliate Terms.

  3. Should there be any taxes or other levies applicable to any Commission received by a Referrer, these shall be the sole responsibility of the Referrer and Quedex shall not have any liability in this respect.

Limitation of Liability

  1. Under no circumstances shall we be liable for any direct, indirect, incidental, punitive, special, or consequential damages for any reason whatsoever related to this agreement, a Referrer’s or any other person’s use or inability to use our website(s) or the materials and content of the website(s) or any other websites Linked to such website(s) or a Referrer’s or any other person’s provision of any personally identifiable information to any backend service provider or any third party.

  2. The limitation in the above sub-clause applies regardless of whether the alleged liability is based on contract, tort, warranty, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damages or such damages were reasonably foreseeable.

  3. Except as expressly and specifically provided in these Affiliate Terms, all warranties, representations, conditions and all other terms of anu kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Affiliate Terms.

  4. Our liability in jurisdictions which do not permit limitations or elimination of liability for consequential or incidental damages shall be limited to the greatest extent permitted by law in such jurisdictions.

  5. If any provision or part provision of this limitation of liability is found to be unenforceable, only such provision or part provision shall be removed, and the remainder shall be enforced to the greatest extent permitted by law.

  6. For the avoidance of doubt, nothing in these Affiliate Terms shall limit liability for death or personal injury caused by negligence, or liability for fraud or fraudulent misrepresentation.

Indemnity

  1. With respect to Quedex, as well as its contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, each Referrer agrees to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under these Affiliate Terms, the service(s) provided by Quedex, or the Referrer’s use of the service(s) provided by Quedex, including, without limitation, infringement by the Referrer, or by anyone else using such service(s) Quedex provides, of any intellectual property or other proprietary rights of any person or entity, or from the violation of any of our operating rules or policies relating to the service(s) provided. When we may be involved in a suit involving a third party and which is related to our service(s) to a Referrer under these Affiliate Terms, we may seek written assurances from the Referrer in which the Referrer promises to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. A Referrer’s failure to provide such assurances may at our sole discretion be considered by us to be a breach of these Affiliate Terms by the Referrer.

Proprietary Rights

  1. The Referrer acknowledges and agrees that Quedex and its licensors own all intellectual property rights in Quedex’s website and all Quedex products and services. Except as expressly stated herein, these Affiliate Terms do not grant the Referrer any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences belonging to Quedex. All such rights are reserved to Quedex.

Rights and Remedies

  1. The rights and remedies as provided to Quedex under these Affiliate Terms are in addition to and not exclusive of any rights or remedies provided by law.

Relationship between the Parties

  1. The Referrer shall have no authority, and shall not hold itself out, or permit any person to hold itself out, as being authorised to bind Quedex in any way and shall not do any act which might reasonably create the impression that the Referrer or any other person not being an authorized representative of Quedex is so authorised. For the avoidance of doubt the Referrer will not make any recommendations, give advice, accept any commitment or guarantee, or accept any responsibility on any matter whatsoever for or on behalf of Quedex.

Non-exclusivity

  1. Nothing set out herein shall prevent Quedex from entering into agreements with other Referrers. Although all Referrers must adhere to and accept these Affiliate Terms and Quedex’s General Terms, Quedex makes no representation that the terms entered into with respect to a Referrer shall be the same or similar to those entered into with other Referrers.

Waiver

  1. Quedex’s failure to require a Referrer’s performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall a waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself or a waiver of a breach of any other provision.

Variations

  1. Quedex has right to unilaterally amend these Affiliate Terms by giving you at least 1 (one) month notice in writing by posting any changes made on our website. The Referrer agrees that it is the Referrer’s sole responsibility to regularly check the Website for amendments and to know and adhere to the most recent version of the Affiliate Terms.

  2. Any changes will be deemed to have been accepted by the Referrer where it does not, before the proposed date of the entry into force of the changes, notify us to the contrary. If the Referrer does notify us to the contrary, their notification will be deemed to be a notice that they wish to cease being a Referrer and to terminate these Affiliate Terms on the date upon which the changes are to take effect.

  3. Continued acceptance of Commissions and/or continued use of the Quedex Links, unique referrals and/or Affiliate ID after the effective date of any amendments, changes, or updates constitutes the Referrer’s acceptance of these Affiliate Terms, as modified by such amendments, changes, or updates.

  4. Where an amendment to the Affiliate Terms is required by law or does not reduce a Referrer’s rights nor increase their responsibilities, the amendment may be made without prior notice and shall be effective immediately.

Severability

  1. If any provision of these Affiliate Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such provision shall be excluded to the extent of such invalidity or unenforceability; all other provisions hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

Assignment and Resale

  1. Except as otherwise set forth herein, a Referrer’s rights under these Affiliate Terms are not assignable or transferable. Any attempt by a Referrer’s creditors or any other third party to obtain an interest in the Referrer’s rights under these Affiliate Terms, whether by attachment, levy, garnishment or otherwise, renders such rights voidable.

Force Majeure

  1. Each Referrer agrees that Quedex will not be held liable for costs, damages or losses caused by force majeure events, including but not limited to, government restrictions, exchange or market rulings, suspension or delay of trading, war, civil disturbances, earthquakes, strikes, equipment failure, communication line failure, authorised access, theft or any problem, technical or otherwise, which may prevent the Referrer or the Referred Member from entering or modifying an order or prevent Quedex from an online transaction, or other events or conditions beyond Quedex control, as determined and at the sole discretion of Quedex.

Termination

  1. Quedex may discontinue or withdraw its Affiliate Program on notice at any time and may consequently terminate any relationship with the Referrer under these Affiliate Terms. Quedex will endeavour to give the Referrer as much notice of the same as reasonably practicable, but any such termination will be without liability to the Referrer.

  2. Quedex retains the right to, at its sole discretion, refuse any request by a Member or any other person to become a Referrer.

  3. Quedex further retains the right to terminate any Referrer relationship should we suspect or believe that any referral has been made: in violation of our guidelines; in breach in any way of these Affiliate Terms or the General Terms; due to Visitor, user or customer fraud; due to Visitor, user or customer contract cancellation; or for any other reason Quedex may at it’s sole discretion deem reasonable.

Consequences of Termination

  1. On termination for any reason, all licences and benefits under these Affiliate Terms or otherwise as related to these Affiliate Terms shall immediately terminate, and the Referrer shall immediately refrain from using any Links, unique referrals, or Affiliate IDs and shall remove any Quedex related material and/or content from its website and promotional material.

Jurisdiction

  1. These Affiliate Terms shall be construed in accordance with the laws of Gibraltar. The parties agree to irrevocably submit to the exclusive jurisdiction of the courts of Gibraltar.

  2. The Referrer and Quedex agree that any party hereto may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one Referrer cannot and may not affect any other Referrers.

Last modified: 08.05.2019