Terms and Conditions – Affiliates
(herein as “Terms” or “Terms and conditions”)
1.Business relationship is established between the affiliate (herein as “Affiliate”) and Fintokei s.r.o., incorporated in Masarykova 409/26, Brno-mesto, 602 00 Brno, Czech Republic, reg.no.: 09110127, file: C 117301 registered by Regional Court in Brno (collectively, the “Company”) and shall come into effect hereby as a result of affiliate registration process and Company‘s approval (“effective date”). Upon conclusion, the Affiliate receives an email from the Company confirming the registration.
2. The Affiliate shall act on the best of his ability and shall be obligated towards the Company for the following:
a. Introduce to his/her/its clients, natural persons or legal entities, the execution service provided by the Company directly, through its website, social media and other means (“marketing place”) mostly via using Affiliate link.
b. After the registration process, the Affiliate shall obtain an Affiliate link from the Company. The Affiliate undertakes to put the Affiliate link on his/her Marketing place and verify his/her account. (Affiliate is a software code, assigned to the Affiliate by the Company, which leads to Company website – the “Website”)
c. Fairly and accurately describe the Company’s business and the services available from the Company to his/her/its clients.
d. Comply with any business related instructions or directions in accordance with relevant law.
e. Keep all information Affiliate receives about the Company’s business, including the identity of his/her/its clients and their transactions with the Company, confidential except where disclosure is required herein.
f. May assist the client to open an account with the Company.
g. Perform Affiliate services and other obligations hereunder at his/her/its own cost and risk.
h. May assist the clients in using the Company’s platform, including but not restricted to installation, troubleshooting, etc.
(herein as “Service”)
3. Reward of the Affiliate (herein as “Reward”):
The right to Reward to the Affiliate arises upon the fulfilment of the following conditions:
a. the user has clicked on the Affiliate link which leads to Website,
b. the user purchased Company services – Fintokei ProTrader Evaluation Program and /or Fintokei SwiftTrader Program (herein as “Agreement”) and become a Client of the Company (the “Client”).
For the purposes of these Terms and conditions, Client means a client introduced by the Affiliate unless otherwise stated.
c. the Agreement is not terminated within 14 days of its conclusion or within statutory period that allows Client as consumer to rescind/terminate the Agreement.
4. The Affiliate’s right to the payment of the Reward to the Affiliate in the amount of specified during registration and approval process.
5. The Company shall notify the Affiliate of the amount of the Reward which is accessible on the Website (in the Affiliate zone).
6. The Company shall pay the Reward to the Affiliate within 30 days of receipt of the notice of the amount of Reward to the Affiliate reached cashless to the account of the Affiliate, on the basis of an invoice. The Reward to the Affiliate shall be deemed paid upon its debiting from the Company’s account in favour of the registered account of the Affiliate.
The Company is fully entitled to request the Affiliate to issue invoices to the Company prior to execution of the Reward payout therefore the Company may withhold any payment until provided with necessary documents as per this article.
For the avoidance of any doubt Reward payout is limited only to the bank accounts, wallets or other means approved by Fintokei held exclusively by the Provider. No 3rd party payouts are allowed.
The Company reserves the right to exercise further KYB (know your Business partner) due diligence and employ AML/CFT international standards. Should Affiliate‘s KYB procedure recognize and/or evaluate any discrepancy / uncertainty and/or suspicious circumstances regarding the Affiliate‘s identity and/or its account, it is at Company‘s sole discretion to reject any and all Reward payouts until conclusively resolved.
7. The Reward is considered as final remuneration and includes any and all taxes (including but not limited to VAT and/or similar taxes/statutory charges etc.) as the Affiliate is solely the taxable person.
8. Furthermore, it is agreed by both parties that the Reward can be unilaterally amended by the Company at its sole discretion, however the company shall provide Affiliate with its reasons.
It is agreed and understood by both parties that the Company may amend Appendix A after giving the Affiliate one month’s notice to Affiliate’s registered email for reasons concerning Company’s pricing policy in general and/or for any other reasons on Company’s side.
Should the Affiliate not agree to the amended changes, he/she/it is entitled to rescind the business relationship with effective date same as is the date of effectiveness of Appendix A amendment.
9. The Affiliate declares to carefully read these Terms and Conditions and that he/she is eligible to conclude and fulfil the obligations specified herein. The Affiliate further undertakes to and declares that:
i. He/she is not an employee of the Company;
j. the Marketing place is not created solely for the purpose of displaying an (excessive and irrelevant) advertisement;
k. the purpose of the Marketing place is not the dissemination of content that is (i) in violation of the legal order or principles of morality, or (ii) xenophobic, racist, pornographic, cruel or abusive;
l. the Marketing place has the character of a finished web page, media account etc., standard appearance and does not summon doubts as to the trustworthiness of its content;
m. the location of the Affiliate link on the Marketing place will not lead to the diminishing of the Provider’s reputation or any other damages to the Company;
n. he or she shall not modify Affiliate link;
o. he or she shall place the Affiliate link only on the Marketing place he/she had lawful access to;
p. he/she shall not send out emails or act on behalf of the Company or give such impression;
q. he/she shall not violate trademarks or reputation of the Company; and
r. he/she shall not transfer or sign over his/her obligations arising from there Terms and conditions without the prior written consent of the Company.
10. The Affiliate should not accept and keep any client’s money in relation to the services offered by the Company. However, Affiliate may assist the client in funding his and/or her account with the Company.
11. The Affiliate can advise his/her/its clients on purely technical and educational matters and any investment and/or financial advice is strictly forbidden without adequate legal authorization. Regardless any such authorization Affiliate bears sole responsibility and is deemed liable for any action towards client.
12. Where the Affiliate is a legal entity and/or employs other people, the Affiliate affirms that its employees and/or representatives shall execute their duties in accordance with these Terms and conditions and applicable law.
13. The Affiliate assures that it will show the necessary skill, interest, and high level of professionalism so as to satisfactorily fulfill his/her/its obligations providing services.
It is understood that the Affiliate shall undertake all necessary steps so as the Confidentiality obligations arising under these Terms and conditions, to be extended to all employees, agents and/or representatives of the Affiliate.
14. The Company and the Affiliate acknowledge that the relationship established between them by these Terms and conditions or between the Company and any officer or employee of the Affiliate is not as employer and employee, agents, partners, or joint ventures. The Affiliate agrees that he/she/it is not authorized to enter into any agreement or obligation on behalf of the Company.
15. During the execution of these Terms and conditions, the Affiliate may receive Confidential information.
Confidential information shall mean any information or data or both, or the substance or existence of parties relationship, including but not limited to, any kind of business, commercial or technical information and data in connection with these Terms and conditions except for information which is demonstrably non-confidential in nature.
For each event of violation of the confidentiality under these Terms and conditions, the Affiliate shall pay to the Company a penalty in the amount of EUR 25,000.00. In case of malice the penalty increases to EUR 50.000,00. In case the violation will continue, the penalty could be claimed repeatedly. Beyond the accrued penalty Company remains free to claim further damages. Penalty has a character of liquidated damages (contractual).
16. The Company will not be responsible for any costs and/or expenses the Affiliate may incur by the implementation of these Terms and conditions as affiliate is not entitled to demand any reimbursement.
17. The Affiliate will be responsible for the payment of any taxes and/or charges and/or duties paid arising from the course of his business.
18. The Affiliate shall not act as an agent or Appointed Representative of the Company or hold himself out as having any authority to do so or give or accept any commitment guarantee of obligation for or on behalf of the Company.
19. The Affiliate shall not give any advice or make any recommendation on behalf of the Company.
20. The Company will have no liability to the Affiliate’s clients or to the Affiliate for any advice, decision or recommendation given or made by the Affiliate to his/her clients and the Affiliate will indemnify the Company for any loss or liability arising from any such advice, recommendation or decision or from any delay, default or neglect by the Affiliate in relation to any customer services he/she provides to his/her clients.
21. The Company is under no obligation to open a client’s account to all clients referred to it by the Affiliate. All client‘s accounts are opened at the Company’s absolute discretion and provided the referred client fulfils the legal requirements for opening such account.
22. Any exchange of money regarding a client’s account will be made directly from the Company to the client or from the client to the Company.
23. The Company and the Affiliate acknowledge that these Terms and conditions confer no exclusive right upon either party to the services of the other party. Neither party shall be precluded by these Terms and conditions from entering into the same or similar contracts with other parties.
24. The business relationship established by these Terms and conditions is personal to the Affiliate and may not be assigned, transferred, or used as a security.
25. The business relationship (or any appendix related to the Reward) is concluded for indefinite period of time and may be terminated:
a. By mutual agreement between the Parties.
b. By either party giving to the other 30 days written notice to that effect.
c. At any time by the Company without giving any written notice to the Affiliate, in case of one of the following events:
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- The Affiliate ceases, for any reason, to act in good faith and be responsible towards the Company as set herin and in the Company’s opinion becomes incapable to provide such services
- Any liquidation, insolvency, receivership or any other process of such effect in any jurisdiction, of or in relation to the Affiliate or his assets or the Affiliate ceases to pay debts in the ordinary course of business.
- The Affiliate being in breach of any of the terms, conditions or warranties of these Terms and conditions.
It is understood by both parties that such termination shall be without prejudice to any outstanding or accrued obligations of the parties until the day of termination.
26. In the event of termination occurring, for any reason, the Company’s dealings with the Affiliate ceases and the Affiliate shall return to the Company all documents, brochures, call reports and any other material in his/her/ possession relating to the Affiliate Services if any. It is also understood and accepted that the Affiliate’s confidentiality shall survive any termination.
27. It is agreed and well understood by both parties that the business relationship as a whole is governed by these Terms and conditions and the Company at its sole discretion is fully entitled to unilaterally amend its conditions after giving the Introducer one month’s notice.
28. All conditions are essential and any breach of any of these conditions from whatever party, gives right to the innocent party to terminate the business relationship without notice and to claim from the culpable party compensation for any damages that will be suffered due to such breach, as well as expenses and interest.
29. Whatever warning, notification, letter, Appendix, addendum, etc. based on these Terms and conditions shall be given in writing sent by email to the receiver to the registered email address (if other not specified). Once sent, such email is deemed delivered.
30. Within the scope of legal rights and obligation defined herein in these Terms and Conditions the Affiliate does possess the status of entrepreneur, therefore legal relationship is characterized as B2B relationship. Any and all statutory provisions governing consumer right are not applicable. Such status is not affected and/or undermined should the Affiliate be also a Client of the Company within any contract governed by consumer law provision.
31. These Terms and Conditions shall be governed by Act no. 89/2012 Coll., the Civil Code, as amended. To the extent permitted by legal order, the Parties exclude the application of the provisions of Sec. 558 Subsec. 2 [§ 558 odst. 2] (second sentence), Sec. 1726 [§ 1726] (second sentence), Sec. 1727 [§ 1727] (second and third sentences), Sec. 1740, Subsec. 3 [§ 1740 odst. 3], Sec. 1748 [§ 1748], Sec. 1769 [§ 1769] (first sentence), Sec. 1936 [§ 1936], Sec. 1949 [§ 1949], Sec. 1978 Subsec. 2 [§ 1978 odst. 2], Sec. 1995 Subsec. 2 [§ 1995 odst. 2] of the Civil Code.
32. All disputes arising from the business relationship and in connection with it shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic by one arbitrator appointed by the President of the Arbitration Court in accordance with the On-line Rules of the Arbitration Court.
The parties select the following e-mail addresses for the conduct of the on-line arbitral proceedings:
- Company: info@fintokei.com
- Affiliate: listed during registration