Bexplus is a global crypto derivatives trading platform established in late 2017. The company is registered in Saint Vincent and the Grenadines with the headquarters located in Hong Kong. Bexplus has offices in Singapore, Japan, US and Brazil and is constantly expanding worldwide.
This Affiliate Program Service Agreement (“Services Agreement”) sets forth the terms and conditions of your use of Bexplus Affiliate Program (“Affiliate Program”) and serves to supplement the Registration Agreement (“Agreement”) between you and Bexplus. In this Agreement “you”, “your”, or “referrer” refer to you or any agent, contractor, employee, servant or person authorised to act on your behalf. “We”, “us” and “our” refer to Bexplus.
This Services Agreement explains our obligations to you, and explains your obligations to us for the Affiliate Program offered by Bexplus. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Bexplus service(s) or products or to cancel your Bexplus service(s) (even if we were not notified of such authorisation), this Services Agreement covers such service or actions.
Residents of Cuba, Crimea and Sevastopol, Iran, Syria, North Korea and Sudan, or any other jurisdiction where the services offered by Bexplus are restricted are also prohibited from participating in the affiliate program.
1. Description of the Affiliate Program
2. Affiliate Restrictions
4. Your Responsibility
5. Our Responsibility
6. Limitation of Liability
7. Indemnity and Defense
8. Legal Age
9. Final Agreement
10. Amendment and Termination
13. Assignment and Resale
14. Force Majeure
1. Description of the Affiliate Program
To enroll and participate in the Affiliate Program, you must be a natural person (and not any corporate or entity, partnerships of any type or form, trust or any entity, program or protocol that is partly or wholly based on or executing artificial intelligence or machine learning programs or protocols) and have an active Bexplus account, subject to and in compliance with the requirements of any agreements you have with Bexplus, such as Bexplus‘s Terms of Service and this Services Agreement.
You acknowledge and agree that you shall not:
•Contain false, inaccurate or misleading information about Bexplus products and services;
•Engage in sending unsolicited commercial email (“spam”) or indiscriminate advertising;
•Violate any applicable law such as data transfer, data privacy, data security laws or any securities laws such as offering or promoting Bexplus’s products and services in any jurisdiction in which they would be illegal or publishing or causing to be published any material that may be construed as an offer, solicitation, or recommendation to buy or sell securities or other investment products, or as investment, legal, financial or accounting advice;
•Advocate, promote, or encourage violence or discrimination against any person, organisation, or governmental entity;
•Contain Links to web sites containing any of the aforementioned content;
You acknowledge and agree that Bexplus may terminate Services if you, your web site or your publishing location violates, as determined by Bexplus in its sole discretion, any of the aforementioned restrictions or additional restrictions. Bexplus also reserves the right to seek recovery of any or all Commission paid or payable to you or your Related Person and you hereby agree to such liability and repayment of such Commission if you, your web site or your publishing location violates, as determined by Bits.
Means any commission, rebate, and/or other remuneration paid, or payable, to the Affiliate by the Company for intermediation services rendered by the Affiliate for the conclusion of this Services Agreement between the Company and the Clients identified referred to the Company by the Affiliate. The remuneration of the Affiliate will be based on a sliding percentage of fees paid by referred Clients, agreed between the Parties, per contract on Clients. This fee can be viewed at all times in the Affiliate Program page and will increase as the total turnover from referred account increases. An increase to the next tier of the commission plan will not lead to retroactive payments.
As an affiliate, we provide you with the Links necessary to promote Bexplus products and services, which you may display in any area of your web site or publishing location as you wish. The Links will identify your site as a member of our Affiliate Program and will establish a Link from your web site or publishing location to ours. You acknowledge and agree it is your sole responsibility to indicate your correct unique referral or affiliate ID in the promo materials you use on your web site or publishing location. You may promote the products and services that Bexplus offers in any manner you choose unless it misleads Visitors about Bexplus services.
5. Our Responsibility
Bexplus will not be responsible for lost sales or lost opportunity to earn Commission due to any cause (such as technical difficulties or over-capacity including system overload or load shedding) preventing Bexplus from registering any account, accepting deposits, executing trades, closing positions, or providing any other product or service to the Visitor. Bexplus is also responsible for tracking referral sales and Commissions and providing this information to the referrer via activity reporting tool available within Bexplus account.
6. Limitation of Liability
Under no circumstances shall we be liable for any direct, indirect, incidental, punitive, special, or consequential damages for any reason whatsoever related to this agreement, your use or inability to use our web site(s) or the materials and content of the web site(s) or any other web sites Linked to such web site(s) or your provision of any personally identifiable information to backend service provider or any third party. This limitation applies regardless of whether the alleged liability is based on contract, tort, warranty, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damages or such damages were reasonably foreseeable. Because certain jurisdictions do not permit the limitation or elimination of liability for consequential or incidental damages, our liability in such jurisdictions shall be limited to the greatest extent permitted by law. If any provision of this limitation of liability is found to be unenforceable, only such provision shall be removed and the remainder shall be enforced to the greatest extent permitted by law.
7。Indemnity and Defense
With respect Bexplus, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under this Services Agreement, the service(s) provided by Bexplus, or your use of the service(s) provided by Bexplus, including, without limitation, infringement by you, or by anyone else using such service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the service(s) provided. When we may be involved in a suit involving a third party and which is related to our service(s) to you under this Agreement, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of these Agreement by you. The terms of this paragraph will survive any termination or cancellation of the Agreement.
8。 Legal Age
You attest that you are of legal age to enter into this Services Agreement.
This Services Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Services Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorised representative of us.
10.Amendment and Termination
10.1 Bexplus may modify any of the terms and conditions contained in this Services Agreement, at any time and at its sole discretion, by notifying the Affiliate via email, or by posting a notice or a new agreement on its website and hence, the Company recommends that Affiliate should revisit this Services Agreement regularly. Any changes to this Services Agreement will not be applicable to the commissions earned in relation to transactions performed prior to the date on which the changes become effective unless specifically agreed otherwise. Should the Affiliate disagree with the changes, he/she/it may terminate this Services Agreement in accordance with clause 10.2 below.
10.2 This Services Agreement is valid until it is terminated by either party (Company or Affiliate) by giving a five (5) business days written notice to the other party or otherwise terminated pursuant to clause 10.3 below.
10.3 The Company shall reserve the right to terminate or suspend without notice this Services Agreement, or any rights of the Affiliate that may fall under the provisions of this Services Agreement, due to any malpractice, breach, failure, or other significant events; including but not limited to, liquidation or insolvency, on the part of the Affiliate. Such termination will be at the sole discretion of the Company.
10.4 Upon termination of this Services Agreement, the Affiliate is obliged to return to the Company any Company’s materials used for referral purposes. In the case where the Affiliate maintains a website and is using any Company’s materials, he/she/it is obliged to immediately withdraw such materials upon termination of this Services Agreement.
10.5 In the event that this Services Agreement is terminated pursuant to clause 10.2, the Company shall pay the Affiliate any earned balance of Affiliate Commissions that is due and payable to the Affiliate at the time of termination of this Services Agreement, within sixty (60) days after the end of the calendar month in which this Services Agreement is terminated by the Affiliate (following the Company’s receipt of the Affiliate’s written notice, including by email, to terminate this Services Agreement) or by the Company. The Affiliate will not be entitled to referral fees occurring after the date of termination of this Services Agreement. If the Affiliate has failed to fulfill his/her/its obligations and responsibilities, Bexplus will not pay any referral fees otherwise owed on termination of this Services Agreement. The Affiliate is solely responsible for providing and maintaining accurate address and other contact information as well as payment information associated with his/her/its account.
10.6 Furthermore, the Company may terminate this Services Agreement forthwith, upon written notice to the Affiliate, if: (a) it becomes unlawful for the Company and/or the Affiliate to perform or comply with any one or more of their obligations under this Services Agreement; or (b) the Affiliate ceases, in the Company’s reasonable opinion, to be fit and proper to introduce/provide the services to the Company; if the Affiliate no longer holds the necessary authorization or consent to perform the obligations under this Services Agreement, or if he/she/it is prevented for any reason from carrying out the activities and/or obligations herein.
10.7 If Bexplus continues to permit activity (generation of revenue) from the Affiliate’s customers after termination of this Services Agreement, this does not constitute a continuation or renewal of this Services Agreement or a waiver of termination of this Services Agreement.
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Services Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Services Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
13. Assignment and Resale
Except as otherwise set forth herein, your rights under this Services Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Services Agreement, whether by attachment, levy, garnishment or otherwise, renders this Services Agreement voidable.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labour strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over BitMEX, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, BitMEX may immediately terminate this Services Agreement.