Affiliate Program Terms & Condition
Our Affiliate Program (the “Program”) is meant to encourage you to promote our products & services, to bring us to new audiences and to make sure that you are rewarded for your activity. It does not create any relationship between us apart from independent contractors; you are not our employee, nor does it represent a partnership: if we approve your participation in this program, that means you have become our independent contractor.
You are solely responsible for all applicable taxes in your country of jurisdiction, and you’re not mandated to make any statement on our behalf. It also means that we will pay you the sums we agree upon specific dates.
Please understand that our liability to you is limited, as stated in our terms of service, and that we are non-exclusive; we’re open to other affiliates, and you can market other products.
Scope of the Relationship
When joining the program, and upon our approval, you will be appointed as a non-exclusive affiliate, and you shall act to refer new potential customers to purchase our products and services. As our affiliate, you may not present yourself as a part of FXPinnacle, and may not create any obligation on behalf of FXPinnacle.
Your participation to the program is personal, meaning that you cannot have sub-affiliates or share your affiliate fees nor transfer your affiliate earnings with anyone else.
You shall dedicate reasonable time in promoting our products and services, and do it with good quality; if we find that your promotional material is problematic, offensive, illegal or otherwise objectionable, we may terminate your participation in the program.
You represent and warrant that you are able to participate in the program, that you will only act in a legal, legitimate manner and that you will not infringe on any intellectual property right or act in any deceptive practice when participating in the program.
Promotional Materials and Intellectual Property
We reserve all our Intellectual Property Rights; and we provide our affiliates a limited, temporary, non-exclusive, non-transferable, non-sublicensable license to use our trademark, brand name, and promotional materials, and such license is limited only to the use in promoting our products and services with our permitted banners.
What this means is that you cannot use our Intellectual Property Rights with another brand name or as a bundled project. It also means that you cannot allow others to use the content we licensed to you.
You may only use the permitted banners and promotional material that we provide you as a part of our gallery.
All promotional materials showing prices should reflect updated prices and discounts at any time and must not misrepresent our product and services.
Termination and Suspension
FXPinnacle reserve the right to terminate your affiliation (i.e., your membership in the Program), at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect, at FXPinnacle’s sole discretion. When we terminate our relationship, you must cease using all of our Intellectual Property Rights.
In any case we suspect any breach of these terms, we may also suspend your account until we receive sufficient evidence from you that shows that no breach of these terms occurred. In such case, we may require review of your books and records prior to reinstatement.
Upon termination due to breach (save for termination due to inactivity), we shall retain all funds in your account.
As long as you participate in the program, you cannot provide any third-party a copy of FXPinnacle, nor can you create derivative works of it. This is to ensure that all distribution of FXPinnacle is made only via our official channels and without any backdoors, changes or insertion of malicious code.
You must keep our reputation and do not act bad.
Any work you created that uses both or intellectual property, and your own (for example, a promotional video that has our logo) must be destroyed or deleted. If you do not wish to do so, please contact us and request our specific consent.
Commission and Reward
Each affiliate will be provided with a fixed affiliate commission that we will notify in writing. We may change this commission at any time based on our own discretion. Such changes will not be retroactive.
We pay our commission for qualified leads; a qualified lead is a new customer, who subscribed to our platform within a certain duration of days of clicking a permitted banner you placed, and who made a purchase of any of our goods and services; all, provided that we were not introduced to this customer by any other affiliate or that he did not subscribe to our website of his own volition prior to his click. We will not pay a commission for self-dealing, i.e using the affiliate program to get discounts.
The commission shall be calculated out of our net revenues from your qualified leads, which means our total revenues, minus taxes, chargebacks, cancellations, bad debt, collection costs, clearing costs and payments made in order to collect the payment.
The means of tracking your qualified leads shall be by placing a banner that includes your tracking tags, links, pixels, and code we provide you.
You agree that our books and records are deemed as accurate and that our tracking is final.
Your commission is calculated only upon payment to you. Until then, the expected payment is not an obligation from us to you, but an estimation of future revenues.
We pay our affiliates on a monthly basis when their commissions reach a threshold that we determine and post on our website. The payment shall be made via PayPal or any other method we agree upon.
Until the payment is made, the sums specified on your account are not considered debt, and shall not be paid until you reach that threshold.
You shall bear all taxes and expenses relating to the payment, including any fees which may be incurred by your bank or payment gateway.
You are required by law to provide us with an invoice upon payment.
If we provide a qualified lead with a refund, then we may deduct the commission from your future payment, or request that you return such fees. You also agree that we may offset any sums that you may owe us from any future payments.
Each party shall bear its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.
Abuse Of The Program
Without limiting our Terms of service, we consider the following as bad practices and “abuse of the program” which are prohibited and will cause automatic termination of your participation in this program, as well as forfeiture of all sums you are entitled to.
Please note that if at any time we believe that you acted in bad faith or illegally, we may also cancel your participation and withhold all payments.
The following are considered as an abuse of the program: (i) using deceptive practices, encouraging users to click banners or use of any automated means to create traffic; (ii) presenting yourself as a part of FXPinnacle; (iii) using the FXPinnacle brand, either in violation of this term and or our Terms of service while presenting unpermitted banners, or when using the FXPinnacle Brand as a part of your domain name, website name, banners or in any form of paid advertising (for example, PPC campaigns); (iv) using domain names that imply any link to the FXPinnacle brand including the word “FXPinnacle” or similar sounding, looking or typed names; (v) spamming; (vi) buying traffic; (vii) using paid search or keyword advertising using our Intellectual Property Rights or brand name to drive traffic to your site or to the banners; (viii) making any changes to the FXPinnacle products or services in a way that is misleading.