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Your consent to the terms of this agreement ("Agreement") with Vantage International Group Limited ("Vantage Partners") is signified by clicking the box entitled "I have read and agreed to the Affiliation Agreement" in our partner application form.
IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT PROMOTE THE SITE(s).
"Active Trader" means any Trader who has been a Qualified Trader as per the provisions of this Agreement and as per Appendix A.
"Account(s)" means any trading account opened with Vantage.
"Affiliate" means whether an individual or a company, acting in the course of business and engaged in advertising and marketing activities (promotion of Vantage brand online, use of Vantage websites as a portal for displaying promotional and advertising content, hosting of marketing material and direction of the web-traffic to the Vantage websites, an increase of the online profile of Vantage through search engine optimization and performance of any other similar (with the abovementioned) activity) who may, at any time under the terms of this Agreement, introduce Prospective Clients or Qualifying Traders to Vantage for transactions in CFDs, foreign currencies, commodities, futures and derivatives.
"Affiliate Portal" means the secure account Affiliate interface area (or backend) on Vantage Partners website where all Affiliates login in order to view all their data, get Affiliate links, view statistics, complete or update their payment profile and access promotional tools.
"Affiliate Partner Link" means the unique link and/or personalized ID which is used to identify Affiliate activities and introduced Qualifying Traders.
"AFSL" means an Australian financial services licence issued under the Corporations Act 2001 (Cth).
"Agreement/Contract" means this Affiliate Program Agreement including any addendums or appendices.
"Business Day" means a day on which banks are open for business in London but excludes Saturday, Sunday and any other day which is a legal holiday in London.
"Client" means any person, whether an individual and/or a company who has been or is being referred by the Affiliate to the Company and with whom the Company enters into a Client Agreement.
"Compensation" has the meaning in clause 7 and the compensation, charges and other rates applicable to this Agreement determined and expressed within Appendix A.
"CPA" means the fixed cost per acquisition available to an Affiliate per Qualified Trader, subject to fulfilment of the KPIs during the Qualifying Period.
"Electronic Message" means email, SMS, fax or any other electronic means of communication.
"Force Majeure Event" has the meaning as set out in clause 15.
"Fraud Traffic" means any traffic generated through illegal means or in bad faith to defraud the Vantage Partners and/or Vantage, regardless of whether or not it actually causes harm. Fraud Traffic includes, but is not limited to, spam, false advertising, deposits generated by stolen credit cards, credit card fraud and/or chargebacks, collusion, manipulation of the service, system, bonuses or promotions, offers to share the Affiliate fee directly or indirectly with Prospective Clients or Traders, and any other unauthorized use of any third-party accounts, copyrights or trademarks.
"Vantage" or "Company" shall mean one of the following entities: Vantage Global Limited - authorised and regulated by the VFSC under Section 4 of the Financial Dealers Licensing Act [CAP 70] (registration number 700271) and is registered at 1st Floor, Icount Building, Kumul Highway, Port Vila, Vanuatu, Vantage International Group Limited trading - authorised and regulated by the Cayman Islands Monetary Authority (CIMA), Securities Investment Business Law (SIBL) number 1383491 and is registered at [REGISTRATION ADDRESS]and Vantage Global Prime Pty Ltd - regulated by the Australian Securities and Investments Commission (ASIC), AFSL no. 429801 and is registered at level 29, 31 Market St, Sydney, New South Wales, 2000, Australia.
"Vantage Partners" means Vantage International Group Limited, operating under the trading name Vantage Partners.
"Vantage Partners website" means partners.vantagemarkets.com.
"Vantage Products and Services" means all and any trading financial instruments offered by Vantage, including but not limited to contracts-for-difference ("CFDs") on foreign exchange, commodities, spot metals, shares, indices and on other and any other asset as stated on Vantage 's websites www.vantagemarkets.com and www.vantagemarkets.com/en-AU.
"Intellectual Property Rights" means patents, rights on inventions, copyrights and related rights, moral rights, trademarks, trade names and domain names, website content, rights in design, and computer software, database right and other similar or equivalent rights whether registered or not.
"KPIs" shall mean the Key Performance Indicators based on the minimum amount of deposit(s) and volume traded by a Qualified Trader in his/her Account(s) as determined by each level within Appendix A.
"Level" means the category of CPA compensation based on the number of Active Traders.
"Licence" means any licence, permission, consent or other authorisation held by Vantage to provide the Vantage Products and Services.
"Links" means any hypertext links (either a banner or text link) obtained from "My Banners" & "Referral Links" sections available within the Introducer's Portal that provide further access to Vantage's webpage used to identify Introducer activities, including Active Clients introduced by the Introducer.
"Non-Qualified Trader" means any Trader who is not a Qualified Trader.
"Operative Agreements" means the agreements entered into by the Client and Vantage that govern all trading activity of the Client with Vantage. Operative Agreements consist of the legal documents found on the legal documents page of Vantage and may be amended from time to time.
"Promotional Material" means promotional, advertising, communication and educational materials that relate to Vantage, their products and services or relates to the introduction of a Prospective Client or a Transaction in an existing Client's Account, and were provided to an Affiliate for the purpose of the present Agreement or made by an Affiliate with the prior written consent of the Companies or Vantage Partners. Promotional materials include, but is not limited to, published written texts, images, SMS, training materials, logos, banners, promo links, trade names, trademarks, including, without limitation any promotional marketing giveaways and/or similar promotions.
"Prospective Client" means any person, whether an individual or a company who has been or is been referred by the Affiliate to the Company.
"Qualified Trader" means any Trader who meets during the Qualifying Period the KPIs as per Appendix A.
"Qualifying Period" means twelve calendar months from when a Client was referred to Vantage by the Affiliate.
"Trader" means an individual or a company, acting as a Client, who has registered through an Affiliate link, completed the Vantage registration procedure, has been approved by Vantage, has funded their Trader's account and performed trading activity (i.e. opened or closed a position of at least 1 micro lot) within the Qualifying Period.
"Transaction" means any contract or transaction entered into or executed by the Client or on behalf of the Client arising under the Operative Agreements.
"USD" means US dollars.
"Written Notice" has the meaning set out in clause 8.
a)complete and submit the online application/questionnaire https://partners.vantagemarkets.com and read and accept online the present Agreement.
b)provide proof of identity documentation(s) such as government-issued proof of identity document i.e. passport, national identity card, or driver's license, proof of residential address prior to being accepted as an Affiliate and any other document or information required by Vantage Partners. If the Affiliate is a company or a legal entity, it must provide:
i.Copy of Certificate of Incorporation;
ii.Certificate of good standing or other proof of registered address of the company;
iii.Proof of identity and proof of address of directors;
iv.Proof of identity and proof of address of other authorised representatives in case he/she will deal with Vantage Partners and/or Vantage on behalf of the entity;
v.Proof of identity and proof of address of all ultimate beneficial owner/shareholders (25% or more) prior to being accepted as an Affiliate; and
vi.Any other document or information required by Vantage Partners.
"All materials are prepared by the Affiliate and Vantage International Group Limited (Company registration no. 12071654) (Vantage Partners) and/or any entity that trades under the "Vantage" or "VFX" trademark, brand or logo, bear no responsibility regarding the provided information and/or materials. All claims should be addressed to the Affiliate. All rights of Vantage Partners and other entities that trade under the "Vantage" or "VFX" trademark, brand or logo are reserved and the "Vantage" or "VFX" trademark, brand or logo cannot be used without the prior written consent of Vantage Partners or the owners of those trademarks, brands or logos."
a)it is up-to-date and to notify the Affiliate of any instructions which the Affiliate is obliged to follow and/or comply with;
b)it contains relevant Promotional Materials;
c)it does not breach Intellectual Property Rights and other proprietary rights of Vantage Partners and/or Vantage;
d)the Promotional Material is clear, fair and not misleading; and
e)it complies with the provisions of this Agreement and with all applicable laws, regulations or directives.
a)Ensuring the Affiliate's website and/or social network have a link directing Prospective Clients to the Vantage Partner and/or the Vantage websites;
b)Ensuring the Company's logo, brand name, banners or information is only provided to Prospective Clients with the prior written approval of Vantage Partners and/or Vantage;
c)Ensuring the placement of the Promotional Material in an obvious location on the Affiliate's website and includes the name of the Company along with the name of Vantage Partners and Services to be provided; or
d)Any other reason considered necessary by the Company, Vantage Partners and/or Vantage
a)using any website for unlawful activities, or having any content on his or her website, that is defamatory, violent, pornographic, unlawful, threatening, obscene or racially, ethnically, or otherwise discriminatory or in breach of any third-party rights and shall not link to any such material; and/or
b)violating any intellectual property or other proprietary rights of any third party or has defamatory or harassing and deceitful or untruthful comments and statements about Vantage Partners and/or Vantage activities and business; and/ or
c)downloading or accessing software that potentially enables the diversion of commission from other Affiliates in this Affiliate Program.
a)Any Electronic Message they send in connection with providing the Services originates from Australia;
b)The Affiliate is physically located in Australia when any Electronic Message is sent;
c)The computer, server or device of any Vantage Prospective Client that is used to access the Electonic Message is located in Australia;
d)The Affiliate carries on a business in Australia when providing the Services; or
e)The Affiliate induces Vantage Prospective Clients that are located in Australia to acquire Vantage Partners Product and Services.
a)hold an AFSL;
b)are an authorised representative of an AFSL holder;
c)satisfy Vantage Partners, to its reasonable satisfaction, that another exemption applies from the holding of an AFSL; or
d)satisfy Vantage Partners, to its reasonable satisfaction, that will not provide Financial Services.
a)clear and accurate identification of the Affiliate who sent the message;
b)accurate information about how the recipient can contact the sender;
c)a clear and conspicuous method of the optioning-out (unsubscribing) from receipt of any further messages.
a)not to pay to the Affiliate the Compensation under this clause;
b)cancel any accrued commission entitlements;
c)amend the terms of Appendix A and/or the terms of this Agreement;
d)close any Affiliate account with immediate effect; and
e)terminate the Agreement,
if Vantage Partners or Vantage is of the reasonable opinion that:
f)any of the transactions entered into or executed by the Trader under the Operative Agreements, are being opened and closed just for the benefit of earning compensation for the Affiliate (often referred to as "churning");
g)the Affiliate has engaged in any form of abuse, market abuse or market manipulation;
h)the Affiliate has acted dishonestly towards a Trader or a Prospective Client;
i)the traffic referred by the Affiliate constitutes Fraud Traffic; or
j)the Affiliate has breached any term of this Agreement.
a)Whereas a Trader has communicated to Vantage that he/she wishes to be removed, unlinked or unassigned from an Affiliate, the Affiliate will, from the date of that communication, cease earning any commission benefits and Vantage Partners will cease paying the Affiliate any Compensation and the Affiliate will have no further rights in respect of the unlinked Trader. Under no circumstances will Vantage Partners or Vantage be liable for any consequences of any such unlinking of a Trader from an Affiliate and/or the transfer of a Trader to another Affiliate.
b)In the event a Trader is transferred to another Affiliate during the Qualifying Period, Vantage Partners shall at its absolute discretion, determine whether any compensation regarding the Qualifying Period shall be paid and/or to which Affiliate.
c)In the event of a transfer from one Affiliate to another, the Qualifying Period shall not recommence.
d)Where Vantage Partners or Vantage is of the reasonable opinion that suspicion of fraud, abuse, manipulation or deceitful or fraudulent activity relating to the removal and/or transfer of Trader(s) between Affiliates exists, Vantage Partners will be entitled to take any action in its sole and absolute discretion that it considers appropriate, including but not limited to cancelling any accrued commission benefits, non-payment of any compensation and/or termination of this Agreement.
b)published on the Vantage Partner's website, the Vantage websites or within the Affiliate Portal.
a)if sent by email, within one hour after emailing it; or
b)if published on the Vantage Partners website or Vantage websites or within the Affiliate Portal, within one hour after it has been posted.
a)where required by law or if requested by any regulatory authority or exchange having control or jurisdiction over Vantage Partners or the Affiliate;
b)to investigate or prevent fraud or other illegal activity;
c)if it is in the public interest to disclose such information;
d)as provided in the Operative Agreements of the Company and Vantage Partners.
a)either party may identify a dispute by sending a dispute notice to the other party in accordance with clause 8 ;
b)following the receipt of a dispute notice by a party to this Agreement ("Dispute Date"), the parties will consult in good faith in an attempt to resolve the dispute in a timely manner, including without limitation, by exchanging any relevant information and by identifying and using any agreed process which can be applied to the subject of the dispute or, where no such agreed process exists or the parties agree that such agreed process would be unsuitable, determining and applying a resolution method for the dispute; and
c)with respect to any dispute that is not resolved within 5 Business Days of the Dispute Date, refer issues internally to appropriate senior members of staff of such party or of its Affiliate, adviser or agent in addition to actions under (b) immediately above (including actions under any agreed process identified and used under (b) immediately above) and to the extent such referral has not occurred as a result of action under (b) immediately above (including any agreed process).
a)agrees that the courts of the United Kingdom shall have exclusive jurisdiction to determine any proceedings;
b)waives any objection which the Affiliate may have at any time to bring any proceedings in any such court; and
c)agrees not to claim that such proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over the Affiliate.