FYBIT (website: https://fybit.com/) is a Bitcoin-based virtual trading platform that is wholly operated by FYBIT LTD (hereinafter referred to as FYBIT, which shall include its Affiliate Program) was incorporated under the International Business Companies Act of Seychelles.
This Affiliate Program Service Agreement (“Services Agreement”) sets forth the terms and conditions of your use of the FYBIT Affiliate Program (“Affiliate Program”) and serves to supplement the Registration Agreement (“Agreement”) between you and FYBIT. In this Agreement “you”, “your”, or “referrer” refer to you or any agent, contractor, employee, servant, or person authorized to act on your behalf. “We”, “us” and “our” refer to FYBIT.
This Services Agreement explains our obligations to you and explains your obligations to us for the Affiliate Program offered by FYBIT. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional FYBIT service(s) or products or to cancel your FYBIT service(s) (even if we were not notified of such authorization), these Services Agreement covers such service or actions.
- Description of the Affiliate Program
- Affiliate Program Restrictions
- Your Responsibility
- Our Responsibility
- Limitation of Liability
- Indemnity and Defence
- Legal Age
- Final Agreement
To enroll and participate in the Affiliate Program you must be a natural person (and not any corporate or entity, partnerships of any type or form, trust or any entity, program or protocol that is partly or wholly based on or executing artificial intelligence or machine learning programs or protocols) and have an active FYBIT account, subject to and in compliance with the requirements of any agreements you have with FYBIT, such as FYBIT’s Terms of Service and this Services Agreement.
The FYBIT Affiliate Program allows you to provide a platform for advertising FYBIT via your “website” or “publishing location” (such as an electronic newsletter or blog), thereby driving traffic to FYBIT web site or website content, whereby you may earn a portion of the revenue generated (“Commission”) if a person that is not you or your Related Persons as defined below (“Visitor”) trades an FYBIT - listed product after being referred to the FYBIT web site from an internet hyperlink (“Link”) contained on your web site or publishing location.
After being referred to the FYBIT website from a Link contained on your website or publishing location, Visitors have to complete their registration in order for your accounts to be linked. Should the Visitor click on another web site or publishing location’s Link that is not controlled by you or Related Persons, or return to the FYBIT web site via another source-coded advertising Link during the initial, your Link will be overwritten and you will not receive a Commission for that Visitor’s account.
You are not eligible for a Commission on trades made by you or any Related Persons, your employees, agents, representatives, or contractors, as well as made from several accounts owned by the same person; and FYBIT employees (or their Related Persons) are not allowed to participate in the FYBIT Affiliate Program.
You are also not eligible for any Commission derived from any persons referred to FYBIT’s platform relying on any materials, videos, content, deliverables, work product owned by or licensed to FYBIT (such as its research, blog, or social media materials) linked, published, used, exploited or posted on your web site or publishing location.
For purposes of this Services Agreement, “Related Persons” means:
- with respect to a natural person or individual:
- each other member of such individual’s Family (as defined below);
- any employee, agent, contractor, representative (including his/her Family) of such individual or such individual’s Family; or
- 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.
You acknowledge and agree that you shall not:
- Use for the purpose of discounting the commission of the self (also family) not the online promotion. If we find that your IP address matches the IP address of your affiliate, the affiliate account will be immediately blocked;
- Bid on terms in any search engine that mention FYBIT, FYBIT.com or any of its derivatives and misspellings, FYBIT with keywords such as but not limited to “FYBIT coupons”, “FYBIT promos”, “FYBIT promotions”;
- Use any ® or ™ trademark or mark owned by or licensed to FYBIT, ® or ™ trademark or mark owned by or licensed to FYBIT with keywords or any misspellings in their domain names;
- Use FYBIT.com as a display URL;
- Engage in activities that FYBIT determines, in its sole discretion, to be harmful to its customers, employees, operations, or reputation, or Design or use your platform, web site, or publishing location to market FYBIT’s services or platform to any person whose enrolment with or use of FYBIT’s platform would violate FYBIT’s Terms of Service. You also acknowledge and agree that your web site or publishing location shall not: Contain false, inaccurate or misleading information about FYBIT products and services; In any way copy or resemble the look and feel of FYBIT’s web site or web site content nor create the impression that Your web site or publishing location is part of FYBIT’s network of web sites; Engage in sending unsolicited commercial email (“spam”) or indiscriminate advertising; Violate any applicable law such as data transfer, data privacy, data security laws or any securities laws such as offering or promoting FYBIT’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; Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity; Contain Links to web sites containing any of the aforementioned content; Cause any account linkage to be made that are 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 State or imply that any of the information, content or data contained in your web site or publishing location represents or reflects any views, advice or opinions of FYBIT. You acknowledge and agree that FYBIT may terminate Services if you, your website, or your publishing location violates, as determined by FYBIT in its sole discretion, any of the aforementioned restrictions or additional restrictions. FYBIT also reserves the right to seek recovery of any or all Commission paid or payable to you or your Related Person and you hereby agree to such liability and repayment of such Commission if you, your web site, or your publishing location violates, as determined by FYBIT in its sole discretion, any of the aforementioned restrictions or additional restrictions.
Commissions under this Service Agreement will be paid to you based on a sliding percentage of fees paid by referred users. This percentage will increase as the total turnover of referred accounts increases. An increase in your account’s percentage will not lead to retroactive payments. This schedule will be made available at https://partner.FYBIT.com/Account. Payments are made once a month directly into your account. FYBIT will track all Commissions earned and may, at its sole discretion, decide not to pay any Commission to you should we believe that any referral has been made in violation of its guidelines, in any breach of this Services Agreement or FYBIT’s Terms of Service due to Visitor, the user or customer fraud, or due to Visitor, user or customer contract cancellation. It is your sole and absolute duty to follow precisely this Agreement and its guidelines at all times. FYBIT is under no obligation whatsoever to pay any Commission to anyone who does not strictly follow this Services Agreement and its guidelines, as modified from time to time.4. Your Responsibility
As an Affiliate Program, we provide you with the Links necessary to promote FYBIT products and services, which you may display in any area of your website or publishing location as you wish. The Links will identify your site as a member of our Affiliate Program and will establish a link from your website or publishing location to ours. You acknowledge and agree it is your sole responsibility to indicate your correct unique Affiliate Program ID in the promo materials you use on your website or publishing location. You may promote the products and services that FYBIT offers in any manner you choose unless it misleads Visitors about FYBIT services.5. Our Responsibility
FYBIT will not be responsible for lost sales or lost opportunity to earn Commission due to any cause (such as technical difficulties or over-capacity including system overload or load shedding) preventing FYBIT from registering an account, accepting deposits, executing trades, closing positions, or providing any other product or service to the Visitor. FYBIT is also responsible for tracking referral sales and Commissions and providing this information to the referrer via the activity reporting tool available within the FYBIT account.6. Limitation of Liability
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, your use or inability to use our web site(s), or the materials and content of the web site(s) or any other web sites linked to such web site(s) or your provision of any personally identifiable information to the backend service provider or any third party. This limitation 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. Because certain jurisdictions do not permit the limitation or elimination of liability for consequential or incidental damages, our liability in such jurisdictions shall be limited to the greatest extent permitted by law. If any provision of this limitation of liability is found to be unenforceable, only such provision shall be removed and the remainder shall be enforced to the greatest extent permitted by law.7. Indemnity and Defence
With respect to FYBIT, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree 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 this Services Agreement, the service(s) provided by FYBIT, or your use of the service(s) provided by FYBIT, including, without limitation, an infringement by you, or by anyone else using such service(s) we provide to you, 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 you under this Agreement, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, at our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of these Agreements. The terms of this paragraph will survive any termination or cancellation of the Agreement.8. Legal Age
You attest that you are of legal age to enter into this Services Agreement.9. Final Agreement
This Services Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between you and us and supersede and govern all prior proposals, agreements, or other communications. This Services Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
© Copyright FYBIT Ltd (including its Affiliate Program). FYBIT and all associated logos, marks, illustrations, images, and the distinctive likenesses thereof, are either ® or ™, and/or © FYBIT Ltd (including its Affiliate Program). All Rights Reserved.