This Affiliate Service Agreement (the "Agreement") is entered into by and between cTrader Guru and you, as an Affiliate using the ctrader.guru website ("You", "Your", "Affiliate").
You must agree to abide by the terms and conditions contained in this agreement in order to participate. Please read this agreement carefully before registering and using the service as an affiliate. By joining cTrader Guru, you are indicating your acceptance of this Agreement and its terms and conditions. If you do not agree to this Agreement, do not use the cTrader Guru Service as an Affiliate.
The following agreement is summarized as follows:
cTrader Guru will provide support for the Service.
For the payment of the fees we must carry out the checks after receiving the request, usually within 24 hours, under the following conditions:
If you have any questions related to affiliate business, please contact firstname.lastname@example.org cTrader Guru reserves the right to send an email to you for the purpose of informing you of any changes or additions applicable to the service or to any related products and services. cTrader Guru.
cTrader Guru reserves the right to change, modify, add or remove portions of this Agreement at any time and may add, change, suspend or discontinue any aspect of the Service at any time. In the event of any material changes, cTrader Guru will notify you via e-mail, newsletter or the cTrader Guru website at least 7 days before such changes take effect, at which point you may accept such changes or withdraw from the Service.
To register as an Affiliate of cTrader Guru you must be at least 18 (eighteen) years of age, and provide the information requested at the time of registration.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN cTrader Guru: ADULT SITES, ADULT BANNER SITES, SITES THAT PROMOTE VIOLENCE, BIGGOTTISM, OR HATE. SITES THAT PROMOTE ILLEGAL ACTIVITIES, including but not limited to WAREZ, CRACKING and HACKING sites. As part of the registration process, you will choose a username and password combination that you will use to log into your Affiliate area within the Service. You will need to provide cTrader Guru with accurate, complete and current registration information. It is not possible to select another person's name with the intent to impersonate that person or to deceive members or other users as to their true identity. You agree that cTrader Guru may rely on any data, notice, instruction or request provided to cTrader Guru by you that is reasonably believed by cTrader Guru to be authentic and that has been submitted or presented by a person reasonably believed by cTrader Guru authorized to act on his behalf. You must notify cTrader Guru by email at email@example.com of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your username and password. You are responsible for maintaining the confidentiality of your username and password and are responsible for all uses and activities on your account, including the use of your account by third parties authorized by you to use your account. Any fraudulent, abusive or otherwise illegal activity can be grounds for termination by cTrader Guru and referral to the relevant law enforcement agencies.
You represent to cTrader Guru that all content provided to the Service is your exclusive property or provided with the express authority of the company you represent, does not infringe the rights of any other person or organization (including, without limitation, proprietary intellectual) and are not defamatory, libelous, illegal or otherwise objectionable. You must not provide, promote, distribute, place or otherwise publish as an affiliate of the service any content, or website that includes content, that is libelous, defamatory, obscene, pornographic, abusive, fraudulent or that violates any law. Since cTrader Guru cannot review all information provided by the User, the User remains solely responsible for its content and website.
The Service, its operation, its use and the results of such use will be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, cTrader Guru DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICE, USE AND RESULTS SUCH USE. WITHOUT LIMITING THIS, cTrader Guru SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SAFETY METHODS USED ARE SUFFICIENT, OR (E) WITH REGARD TO CORRECTNESS, ACCURACY OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. cTrader Guru will make reasonable trading efforts to keep its trading service operational during normal business hours. However, some technical difficulties can, from time to time, cause temporary interruptions of the service. The Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold cTrader Guru liable for any of the consequences of such disruptions. cTrader Guru HAS NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY AFFILIATE OR CUSTOMER AFFILIATED WEBSITE DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ANY ACCIDENT, FRAUDULENT OR DEVICE. cTrader Guru HAS NO LIABILITY WITH RESPECT TO YOUR OBLIGATIONS EXPRESSED HEREIN OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF cTrader Guru HAS BEEN ADVISED OF SUCH DAMAGES. ANY LIABILITY OF cTrader Guru WILL BE LIMITED TO THE REVENUE OBTAINED FROM THEM AS A DIRECT RESULT OF THIS AGREEMENT.
THE WEBSITE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT cTrader Guru OR ANY ON THE cTrader Guru WEBSITE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF THE WEBSITE OR AN AUTHORIZED REPRESENTATIVE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR ANY LINKED WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE WEBSITE IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that cTrader Guru, even if the service provider, has no liability as a result of your placement of authorized links from your website, and you, and the website, jointly and severally agree to indemnify, defend and indemnify the website and its affiliates, officers, directors, employees and agents from and against any liability, claim, loss, damage, injury or expense (including reasonable attorney's fees) directly or indirectly arising out of or relating to any offer or any other matter relating to this Agreement or the subject matter of this Agreement and any dispute relating thereto.
cTrader Guru agrees to indemnify, defend and hold harmless the Affiliate and its affiliates, officers, directors, employees and agents from and against any liability, claim, loss, damage, injury or expense (including reasonable attorney's fees) arising directly or indirectly by or relating to cTrader Guru's negligence or willful misconduct in performing the Services or your breach of this Agreement.
cTrader Guru acknowledges that during the course of this agreement it will have access to your company's confidential and proprietary information (“Confidential Information”). cTrader Guru undertakes not to disclose or disseminate the Confidential Information without your prior written consent. The term "Confidential Information" does not include information that is or becomes part of the public domain without any action or omission of cTrader Guru, which becomes available to cTrader Guru from third parties without cTrader Guru's knowledge of any breach of fiduciary duty, or that cTrader Guru was in its possession prior to the date of this agreement. All information we receive is used solely for Commission monitoring and payment. cTrader Guru reserves the right to use this data in aggregate form to analyze service trends, monitor service efficiency, and perform other analyzes that cTrader Guru deems appropriate.
You, the Affiliate, are granted a non-exclusive, limited and revocable right to use the trademarks and banners provided by cTrader Guru. All images, technology and content provided for use are and will remain the exclusive property of cTrader Guru, and no portion of them will be deemed to be assigned or licensed to the Affiliate, except as expressly provided herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks relating to the foregoing, shall remain the exclusive property of Merchant, including the rights in and to any derivative. You may not modify the trademarks, banners, content or any of the images provided in any way.
cTrader Guru may terminate the license to use trademarks immediately if cTrader Guru reasonably believes that such use dilutes, tarnishes or tarnishes the value of their trademarks. You acknowledge that the use of the trademarks will not create in you, nor will you represent that you have, any right, title or interest in or to the trademarks other than the license granted by cTrader Guru above. We do not dispute the validity of or attempt to register any of the trademarks or your interest as a licensee, nor do you adopt any derivative or confusingly similar names, trademarks or trademarks or create any trademark combination with the trademarks. You acknowledge cTrader Guru's ownership and exclusive right to use the trademarks and agree that all goodwill resulting from the use of the trademarks will be for the benefit of cTrader Guru.
cTrader Guru makes no representations about any other website that may be accessed through the Service. Furthermore, a link to a non-ctrader.guru website does not mean that cTrader Guru endorses or accepts any responsibility for the content or use of such website.
The Affiliate or cTrader Guru may assign this agreement to any successor or affiliate upon notification to the other party and mutual agreement between the two parties.
Neither party will be liable under this document in the event of failure or delay in fulfilling its obligations due to strikes, shortages, riots, riots, fires, floods, storms, explosions, acts of God, wars, government actions, working conditions, earthquakes or any other cause beyond the reasonable control of such party.
This agreement represents the complete agreement regarding this license and may only be modified by a written agreement by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY SUBJECT TO YOUR AGREEMENT TO THE TERMS SET OUT HEREIN, AND NOT TO THOSE IN YOUR PURCHASE ORDER. If any provision of this agreement is found to be unenforceable, that provision will only be reformed to the extent necessary to make it applicable.
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