IB Agreement
Detailed below are the Terms and Conditions for participating as an IB in
boursepanel’s IB program.
The boursepanel.com hereby know as “Company”
The Introducing Broker hereby known as “IB”
The IB agrees to all the Terms and Conditions set forth in this Agreement.
1- General Terms and Conditions
1.1 The IB will use its best efforts and shall devote reasonable amounts of
its time, personnel and resources to promote and market the Company's
Services, on the Internet and offline, for the purpose of referring
potential Clients to the Company. It is hereby clarified that the Company
will have full and absolute discretion in regard to the acceptance of any
client of the Company and/or its contractual arrangements with the Company.
The Company shall have the right to refuse to accept any client and/or deny
service to any client and/or change or terminate its relations with any
client, all at the Company's sole discretion
1.2 The IB undertakes to observe all applicable laws, statutes, regulations,
directions and codes. It is agreed that the Company may not have the
necessary legal tools to estimate the legitimacy of the operation on the IB,
in each jurisdiction the IB may operate; therefore the IB shall be solely
responsible for the compliance of his operation with any applicable law.
1.3 The IB shall inform the Company immediately of any claim or complaint
that may reasonably lead to a claim, demand or liability against the
company, its officers or any of the Company related entities known to the
IB.
1.4 The IB shall not give any presentation or warranty in the name of the
Company and not obligate the Company in any way, without the prior approval
of the Company.
1.5 All Creative and/or marketing and/or promotional materials used by the
IB, in relation to the Company, must be approved by the Company, by a
written prior consent.
1.6 E-mail marketing or promotion with respect to the Company, shall be
executed by the IB with accordance to the applicable law and the commercial
customary way, including any restriction regarding the use of "spamming",
and the use of "unsubscribe" options.
1.7 The IB shall act in loyal and faithful manner toward the Company and
avoid any conflict of interest towards the Company.
1.8 The IB may display the Company's logo, trademarks and any other creative
provided by the Company (all shall be referred to as the "Creative"), on the
IB Websites, solely for the purpose of marketing and promoting the Company
and the Company services during the term of these Terms and Conditions, or
until such otherwise instructed by the Company. It is clarified that the IB
shall have no right in any of the Creative provided by the Company.
1.9 The IB shall not use Company’s data collected via
marketing/sales/advertising campaigns for any other IB program or any of the
Company’s competitor.
2.0 In case if an IB fails to introduce a new paid referred client to the
company for consecutive three months, the account of the IB will be
suspended and no future payments will be paid for the prior referred
clients.
2.1 The IB shall bear all costs and expenses of any nature whatsoever
incurred in connection with this Agreement. Under no circumstances shall The
Company be liable hereunder for any amounts other than the Commission.
2- Confidentiality
Each Party agrees to use the other Party's Confidential Information solely as
necessary for performing its obligations hereunder. Each Party agrees that
it shall take all reasonable steps, proprietary information, to prevent the
duplication, disclosure or use of any such Confidential Information, other
than by or to its employees, agents and subcontractors on a need to know; as
required by any law, regulation, or order of any court of proper
jurisdiction over the Parties.
3- Force Majeure
If the performance of any part of these Terms and Conditions by either Party
is prevented, hindered, delayed or otherwise made impracticable by reason of
any flood, riot, fire, judicial or governmental action (including, but not
limited to, any law, regulation or embargo prohibiting the performance
contemplated hereunder and/or the failure or refusal of a government agency
to issue a license required for any performance pursuant to these Terms and
Conditions), labor disputes, act of God or any cause beyond the reasonable
control of that Party, the Party shall be excused from such performance to
the extent that it is prevented, hindered or delayed by such cause.
Notwithstanding anything herein to the contrary, the Party prevented from
performing hereunder by a force majeure event shall nevertheless use its
best efforts to recommence its performance hereunder as soon as reasonably
practicable and to mitigate any damages resulting from its non-performance
hereunder.
4- Copyrights
All software, documentation, equipment, devices, templates, tools, documents,
processes, methodologies, knowhow, Creative, websites, and any additional
intellectual or other property used by or on behalf of the Company or
otherwise related to the Company, together with all copyrights, trademarks,
patents, trade secrets and any other proprietary rights inherent therein and
appurtenant thereto (collectively, "Company Property") shall be and remain
the sole and exclusive property of the Company.
5- Termination
5.1 - The Company reserves the right to terminate this IB agreement for
breaching any clause(s) with or without any prior notice.
5.2 - The Company Also reserves the right to change these Terms and
Conditions at any time, with or without cause and without a prior notice.
5.3 - Upon termination/expiration or termination of this agreement the IB
shall immediately cease displaying the Creative on any Website or otherwise.
5.4 - Upon termination/expiration the IB shall immediately return to the
Company all property of Company in its possession or control (including all
Creative and all Confidential Information).
5.6 - The IB shall immediately cease displaying the Creative on any Website
or otherwise.
6 - General
6.1 - These Terms and Conditions, including all Exhibits hereto, sets forth
the entire agreement and supersedes any and all prior agreements, written or
oral, of the Parties with respect to the subject matter hereof as set forth
herein. No amendment or modification of any provision of these Terms and
Conditions shall be valid unless set forth in a written instrument signed by
both Parties.
6.2 The IB shall have no right to assign or otherwise transfer these Terms
and Conditions, or any of its rights or obligations hereunder, to any third
party without The Company's prior written consent, to be given or withheld
in the Company's sole discretion.
All payments are subject to risk analysis considerations and AntiMoney
Laundering procedures. The Company reserves the right to demand and receive
information about any Lead and to assess the competency of such Lead for
payments. The Company reserves the right to modify the Fee structure and/or
the payment terms at any time upon reasonable advance notice to IB.
7- LIMITATION OF LIABILITY
The company shall have no liability with respect to the services provided by
the company or its obligations under these terms and conditions or otherwise
for any indirect, consequential, exemplary, special, incidental or punitive
damages even if the company has been advised of the possibility of such
damages. In any event, the company liability to the IB under for any reason
will be limited to the amounts paid to IB.
8. COMMISSION
4.1 The commission is paid to the IB for a Paying Referred Client. For the
purposes of this Agreement a “Referred Client” means a Prospect who (during
this Agreement) as a result of a referral by the IB to the Company
subscribes to the Company’s paid services but excluding any person who has
at that time or has previously had a free or paid subscription with the
company.
4.2 The commission percentage agreed between the Company and the IB can vary
from client to client and the company has the right to adjust/change
commission at any given time with or without a prior notice to the IB.
4.3 In addition to any other terms and conditions set forth anywhere in this
Agreement or under any applicable laws, the IB shall not be entitled to
receive any Commission for any referred client unless and until such
referred client has been approved and qualified by the Company as a Referred
Client.
4.4 The IB commission will be released on the 10th of every month for the new
as well as the old clients.
4.5 For the avoidance of doubt, Company reserves the right, in its sole and
absolute discretion, to change, modify, add or remove, at any time, any
criteria applying to any of the compensation plan, including without
limitation, setting any baseline, threshold, minimum deposits/earnings
Commission set out.
