This Agreement (the "Agreement") is concluded between the Affiliate (hereinafter referred to as the "Affiliate"), and Sibilit ltd. (Registration number 2023-00135 and registered office at the Sotheby Building, Rodney Bay, Gros-Islet, Saint Lucia P.O. Box 838. LETTER B LTD. 3rd Floor, 120 Baker Street, London, England, W1U 6TU is paying agent of Sibilit Ltd. Place of business activity: 71 Vazha-Pshavela ave, Block 2 Space 5, Tbilisi, Georgia, 0186) (hereinafter referred to as the "Company").
1. GENERAL PROVISIONS.
1.1. The Company and the Affiliate jointly undertake to refer Clients to Sibilit ltd in order to conduct trading operations with the instruments offered by the Company.
1.2. The Affiliate assumes the rights and obligations set forth in this Agreement with respect to referred Clients to provide brokerage services with the Company. The Affiliate also assumes other rights and obligations as below. The Affiliate always acts exclusively on his own behalf.
1.3. The Affiliate unconditionally acknowledges that all referred Clients are Clients of the Company.
1.4. The Parties undertake to comply with the provisions of this Agreement, unless otherwise provided by additional agreements.
1.5. The place of the Agreement is the location of the Company.
1.6.1. The main language of this Agreement is English.
1.6.2. For the convenience of Affiliates, the Company may provide a translation of this Agreement into another language. Such translation is purely informative.
1.6.3. In case of inconsistency between the English version and the translation of this
Agreement into another language, the English version prevails.
2. AFFILIATE RIGHTS AND OBLIGATIONS
2.1. The Affiliate undertakes to comply with all articles of this Agreement.
2.2. The Affiliate shall open an Affiliate account with the Company to receive commissions. To register as an Affiliate, an individual must fill out a registration form on the Company's website.
2.3. The Affiliate undertakes to refer only new Clients to the Company. The Client is considered new provided that he has not previously had a registered account with the Company.
2.4. The Affiliate provides Clients with significant reliable information concerning the conclusion of agreements on brokerage services with the Company, provides Clients with clarifications on the content of the agreements and the Company's services.
2.5. The Affiliate shall notify the Client about the risks associated with financial markets.
2.6. Providing recommendations and information to motivate the Client to make trading operations is not included in the Company's service plan. In exceptional cases, the Company has the right to provide the Client with information, recommendations and advice at its discretion, but the Company is not responsible for the consequences of such recommendations.
2.7. The Affiliate undertakes to make only honest and accurate statements regarding trading operations, the Company and all other issues in his communication with potential and existing Clients. In this regard, the Affiliate undertakes never to introduce himself as an employee of the Company.
2.8. The Affiliate must be competent in the Company's services and have general knowledge of international financial markets.
2.9. The Affiliate shall independently study all information resources of the Company and timely inform Clients about important changes.
2.10. The Affiliate undertakes to keep up-to-date the information about the Company and its services posted on the Affiliate's website. If false or irrelevant information has been posted on the Affiliate's website, the Company has the right to request the Affiliate to delete or update the information on the website, whereas the Affiliate shall comply with the requirement within seven days from the date of the Company's request.
2.11. The Affiliate has no right to conclude any sub-agency and other agreements (contracts) which give the right to delegate the Affiliate's authority fully or partially to third parties under this Agreement without prior written consent of the Company. Cession of the right of claim is possible only upon obtaining the consent of the Company.
2.12. The Affiliate has the right to plan and conduct marketing and advertising campaigns, subject to their approval by the Company.
2.13. The Affiliate shall not refer Clients by unacceptable means and methods, in particular by fraud, deception, providing insufficient information about the risks associated with investing in financial instruments, etc.
2.14. The Affiliate has no right to use any types of inappropriate advertising to promote his activities, in particular, it is prohibited to use:
systems of active promotion;
immoral (including pornographic) advertising of websites;
advertising with an intentional distortion of the description of the services offered;
all other types of inappropriate advertising.
2.15. The Affiliate has no right to use advertising in any advertising systems, banner ad networks, online catalogs, etc. Using the keyword as the name of the Company (Sibilit ltd) or the names of any services provided by the company, as well as the use of any spelling variants, including the use of similar-sounding words in any language.
2.16. The Affiliate has no right to use any kind of forced redirection of users to the official websites of the Company.
2.17. The Affiliate has the right to replenish the Affiliate account and withdraw funds from it in accordance with the Public Offer Agreement.
2.18. In case of any problems related to conducting business and providing services to the Company, the Affiliate should contact the Company and report the details of the problem so that the Company could advise the Affiliate in time about possible ways of solving it.
2.19. The Affiliate has the right to refer other Affiliates and receive a commission from each transaction of the Clients referred by such Affiliates.
3. COMPANY RIGHTS AND OBLIGATIONS
3.1. The Company shall open trading accounts for Clients referred by the Affiliate in accordance with the Public Offer Agreement.
3.2. The Company enables Clients to perform trading operations in the system by providing Clients with logins and passwords
3.3. The Company shall keep full record of all transactions performed by Clients.
3.4. The Company undertakes to pay the Affiliate the Affiliate's remuneration in the established order.
3.5. The company has the right to request from the Affiliate a full report on the progress and results of client acquisition campaigns.
3.6. The Company has the right to control the activities of the Affiliate on his performance of the functions and obligations under this Agreement.
3.7. The Company may require the Affiliate to identify himself and go through the full verification procedure.
3.8. The Company has the right to amend this Agreement, as well as the amount of affiliate compensation, notification thereof shall be sent via any official channel of communication 3 business days prior to the effective date of the changes.
3.9. Upon the Client's request, the Company has the right to transfer his account to another Affiliate's group after prior notification of the existing Affiliate.
3.10. The Company has the right to inform the Clients of the Affiliate group about the commissions received by the Affiliate from trading operations conducted by him on the international financial markets in accordance with this Agreement.
3.11. If the Affiliate violates or fails to fulfill any obligations under this Agreement, the Company has the right to terminate this Agreement at its sole discretion.
3.12. In case of any actions that are contrary to the interests of the Company, or may adversely affect the reputation of the Company, or may cause doubts about the business ethics of the Affiliate, the Company has the right to terminate this Agreement unilaterally.
3.13. The Company is in no way responsible for any actions of the Affiliate that go beyond the authority granted by the Company, and for any damage caused by the Affiliate to third parties.
3.14. The Company has the right to perform other actions provided for in this Agreement and its annexes.
4. DISPUTE RESOLUTION
4.1. The Affiliate has the right to file a claim with the Company within 5 business days from the date when the Affiliate became aware of any event or occurrence that is believed to be the basis for such claim.
4.2. Any claims of the Affiliate to the Company should be sent by e-mail to the official e-mail address of the Company email@example.com. Claims submitted in any other way shall not be accepted for consideration.
4.3. The Company has the right to request from the Affiliate any information necessary to resolve disputes.
4.4. The Company has the right to reject the claim if the provisions set out in the Agreement have not been complied with.
4.5. The Company shall study the Affiliate's claim, make a decision on the dispute and send it to the Affiliate by e-mail. The maximum period for consideration of the dispute is 30 working days from the date of filing the claim.
4.6. Disputes concerning the interpretation or application of this Agreement shall be resolved through negotiations.
4.7. The dispute may be submitted to arbitration as part of the dispute resolution procedure. An application for arbitration may be filed if the claim has not been resolved or there is no response to the claim within the time period specified in clause 4.5.
5. DATA EXCHANGE
5.1. The Company communicates with the Affiliate using the following means of communication:
announcement in the appropriate section of the Company's website;
other electronic means of communication set by the Company.
6. CONFIDENTIAL INFORMATION
6.1. The Affiliate has no right to disclose confidential information related to the Company's business and services to a competing third party.
6.2. The Parties ensure the confidentiality of the Client's personal and account data, as well as details of transactions conducted by Clients.
6.3. The Parties ensure the confidentiality of the Client's personal and account data, as well as details of transactions conducted by Clients.
7. REPORTS AND PAYMENTS
7.1 The Company will track and report on the trading activity of Clients who have been approved by the Company to open an account as a result of the Affiliate's active mediation, for purposes of remuneration calculated on the basis of the Affiliate's Commission(s) calculation.
7.2 The Affiliate's commissions will be paid monthly. If the total amount of commission due is less than $ 1,000, the Company reserves the right not to make the payout and to carry the balance over to the next period. Сommissions less than $1,000 will not be paid out.
7.3 If the Commission(s) received within three (3) consecutive months is less than $1,000, the Commission(s) will be considered invalid and will be canceled. In this case, the Company also reserves the right to terminate this Agreement with immediate effect by notifying the Representative in writing.
7.4 The Company reserves the right to refuse to pay remuneration to the Affiliate, remove Clients from the Affiliate group or close the Affiliate's account in the following cases:
7.4.1. Actions on the accounts of referred clients violate the Company's policies and rules.
7.4.2. Fraudulent actions committed by Clients or by the Affiliate himself, in bad faith in order to make a profit.
7.4.3. Deliberate use of vulnerabilities in the Company's trading or financial systems for personal profit.
7.4.4. Violation of the terms of bonus programme or other promotions of the Company.
7.4.5. Using a trading strategy to profit solely from affiliate commissions or discount services, including a trading style where most transactions are closed within 10 minutes after opening and/or the result for all closed transactions is less than 5 pips.
7.4.6. Misconduct, other violations or fraud by an Affiliate and his customers that damages the Company's reputation or its financial health.
7.4.7. In case the registration data of the Affiliate partially or fully matches the registration data of the Client who belongs to the affiliate group, including IP-address, the Company reserves the right to cancel the commissions from such accounts and exclude such Clients from the affiliate group.
7.4.8. The commission is credited to the personal account on the next day after the transaction is closed by the Client.
7.4.9. If a Client belonging to the Affiliate group has contacted the Company's Dealing Department with a claim regarding a transaction for which the Affiliate received a commission, the Company reserves the right to cancel the Affiliate commission in full.
7.4.10. The Company reserves the right to temporarily suspend Affiliate payments if more than 180 days have passed since the Affiliate referred the last active client. The interest rate returns to the base level regardless of the current trading volume. The Affiliate will be able to withdraw his remuneration only after he attracts three new active clients, and his remuneration for these clients will be more than the amount of withheld funds. If the above-mentioned conditions have not been met and in case of Affiliate inactivity for more than 12 months, the Company reserves the right to terminate the agreement, write off all previously credited funds and suspend future payments.
7.4.11. Withdrawal and transfer of funds from the Affiliate account is available only after full verification of the Affiliate.
7.4.12. The Affiliate has the right to alienate part of the commission in favor of the Client or the Sub-Affiliate Account in accordance with the terms of the Affiliate Bonus programme.
7.4.13. All payments are payable in US dollars only. The payment will be credited to the Affiliate's account, which was registered during registration in the Affiliate Program. At the Company's sole discretion and if necessary, the Company may use other payment methods or currencies. Any expenses related to the use of other payment methods will be covered by the Affiliate and deducted from the Affiliate's Commission(s) .
7.4.14. Payments made in accordance with this Agreement are intended only for the Affiliate and cannot be transferred in any way to any third party, unless otherwise expressly authorized by the Company in writing in advance (including by e-mail).
7.4.15. The Client can be added to the Affiliate group manually. To do this, the Client shall send a request to the following email address: firstname.lastname@example.org. This can be done only if no trading operations have been performed on the Client's account.
8. FINAL PROVISIONS
8.1. The Affiliate Agreement is considered accepted if an individual registers as an Affiliate.
8.2. The Affiliate Agreement is deemed accepted, which means that:
The Affiliate is familiar with their terms and conditions;
all their conditions are clear and acceptable to the Affiliate in full;
there are no circumstances that can prevent their acceptance.
8.3. The Affiliate agrees that the Affiliate's contact details provided by the Affiliate for registration purposes will be used by the Company when sending emails and/or other information to the Affiliate.
8.4. This Agreement is concluded for an indefinite period.
8.5. The Company has the full right, at its discretion, to change and supplement any terms and conditions provided for in this Agreement, and notifies 3 calendar days in advance thereof.
8.6. Either Party may terminate this Agreement unilaterally by notifying the other Party at least 3 calendar days in advance.
8.7. Either Party may apply to court to terminate this Agreement in the event of repeated breach of obligations by the other Party and in other cases provided for by applicable law.