Affiliated Program Terms of Service
phpTrader (https://www.phpTrader.com/ ) is the first digital trading bot operating in Switzerland that provides integrated transaction and financial bots services to investors all around the world.
This Partnership Program Services Agreement ("Service Agreement") provides for the terms and conditions of phpTrader Partnership Program ("Partnership Program") and complements the registration agreement ("contract") between you and phpTrader. In this Agreement, "you", "your" or "employee" represent you, contractor, employee, attendant, or person authorized to process the work. "We", "Our" and "Us" refer to phpTrader.
This Service Agreement describes the obligations you have to pay to us in connection with the affiliate program provided by phpTrader. When you use your account or authorize others to use your account to buy additional phpTrader services or goods, or gain access to it, or cancellation of your phpTrader service (even without your permission to use), this Service Agreement applies to the services or actions.
1. Introduction to the Recommender Program
In order to register and participate in this affiliate program, you must be in a user status (It is not applicable to any corporation or organization, partnership of any types, all forms of consignment business or organization, or programs or protocols run by artificial intelligence or based on machine learning programs or protocols), and you must have an activated phpTrader account that complies with our requirements of all the contracts.
The phpTrader partnership program provides you with a phpTrader advertising platform through "website" or "publishing site" (e-newsletters or blogs) and directs traffic to the phpTrader’s website or content, where employee or non-related to employee; ("visitors") will be introduced to the phpTrader from the Internet hyperlink that included your website that will bring you profit(“commission fee”) when transaction is made.
After the visitor is introduced to the phpTrader website from an internet link included in your website or in your publishing site, visitors must complete their registration within seven days in order to connect to your account. During these first seven days, if a visitor clicks on another website or publishing site that is not managed by you, or revisits the phpTrader website via an advertising link in a different source, your link will be overwritten and you will not be able to receive fees for that visitor account.
You are not authorized to get commission fees for any transactions that are conducted by you, your employees, agents, representatives, or partners, or transactions conducted under multiple accounts owned by the same person, and no phpTrader employees are allowed to participate in the phpTrader Partnership Program.
In addition, you are not allowed to link, publish, utilize, use, or post any fee-related source such as work product that is owned or licensed by the phpTrader's platform, videos, content, calculated products, or work product that is on the phpTrader into your website.
For the purposes of this Service Agreement, "related persons or persons related" means:
1.1 Person related to a user or individual:
1.2 A family member (as defined below);
1.3 Any person mentioned above or any employee, agent, contractor, or representative of any member (including his/her family); or
1.4 Any person who is directly or indirectly controlled by association, cooperation and under the influence, control, direction, and/or has advice of such an individual or any member of his or her family, or more.
For the purposes of this Agreement, an individual's "family member" means (a) him/her self, (b) his/her current spouse and former spouse (whether legally defined as a spouse or other relationship), (c) a person related to through their spouse (d) Any person who reside in the same resident.
2. Recommendation Restriction Clause
We acknowledge and agree that your website or publication site should comply with the following:
2.1 Do not include false, inaccurate, or misleading information about phpTrader goods and services.
2.2 In any way do not copy or resemble the appearance of the phpTrader's website or its contents, and you shall not give the impression that your website or publication site is part of the phpTrader's website network.
2.3 Do not send any unwanted commercial e-mail ("spam") or indiscriminate advertising transmission.
2.4 In any jurisdiction where data transmission, data privacy, data security law or phpTrader's goods and services can be treated as illegal, or in a jurisdiction that may result in a proposal, recommendation to trade securities or other investment products, or publication of data, financial or accounting advice, the provision of the goods and services of the phpTradercan can be interpreted as a violation of all relevant laws ;
2.5 The act of advocating, promoting, or encouraging violence or discrimination against individuals, institutions, or government agencies;
2.6 Do not include links to websites that contain the aforementioned content.
2.7 Any attempts to connect an account with dishonest intentions (e.g., using devices, programs, robot eye frames, or hidden frames, using cookie-stuffing techniques to set the tracking code without the user actually clicking on recommended links); or
2.8 Indicating or specifying the information, content, or data that is contained on your website or in your publishing site that represents or reflects the opinions, advice, or comments of the phpTrader.
At your sole discretion you acknowledge and agree to the aforementioned clause. If you decide to violate any of the aforementioned restrictions though your website or publication site, phpTrader may terminate your service. The phpTrader also has the right to bear all or part of the commission that may be paid to you or to any person related, and you also agree to the legal responsibility and redemption of such commission. If your website or publication site violates the rights of the phpTrader, you will be subject to the aforementioned or additional regulations at your sole discretion as determined by the phpTrader.
3. Commission Fee
Commission fees under this Service regulation will be paid at a variable rate of fees settled by the recommended user and sponsored users. This ratio will increase as the total settlement of the recommended account increases. An increase in the percentage of your account will not result in additional payments. This rate can be checked at https://www.phpTrader.com/dashboard/invite?menu=fee. The settlement income at the time of termination of the investment by the recommended and sponsored users will be paid as a commission. Phptrader will track all the fees earned and may decide not to pay any fees to you at its sole discretion if there is concern made in violation of this Service Agreement or the terms and conditions of the phpTrader and if it is deemed to have been made in violation of this Service Agreement or any of the terms and conditions of the visitor, user or customer's breach of the contract. It is your absolute exclusive obligation to always follow this Agreement and its guidelines accurately. Phptrader has no obligation to pay any fees to any subscriber who does not strictly follow this Agreement and its guidelines.
4. Your Responsibility
We will provide you with links you need to promote phpTrader products and services, and you may display them on your website or in any of your publication sites. You can link this to identify your specific site to your website or your publishing site and our website. You acknowledge and agree that it is your responsibility to present the exact subscriber-specific ID or recommender user’s ID in the promotional materials you use on your website or in the publication site. Unless you mislead visitors to the phpTrader service, you may promote the goods and services provided by the phpTrader in any way you choose.
5. Company's Responsibility
The phpTrader is not responsible for any loss of business or opportunity to earn revenue from registering its account, receiving revenue, carrying out investment, terminating its investment position, terminating its investment, or providing visitors with other goods or services (e.g. technical issues or overcapacity power issue). It is also the responsibility of the phpTrader to track the sales and fees of the referrals and to provide this information to the referrals through the activity reporting tool in the phpTrader account.
6. Liability Limit
In no event you will be liable for any direct, indirect, accidental, punitive, special, or consequential damages to your contract, your website or any other website or back-end service provider or third party that you were provided. This restriction applies regardless of whether we claim responsibility on the basis of contract, misconduct, warranty, negligence, liability for negligence or other criteria, even if we have been informed of the possibility of such damage or are reasonably foreseeable. Since some jurisdictions do not allow the limit of liability or exemption of liability for consequential or accidental damages, our responsibilities in these jurisdictions should be limited to the maximum extent that is permitted by law. If any provision of this liability limit is found to be unenforceable, it shall be deleted and the remaining provisions shall be executed to the maximum extent that is permitted by law.
7. Immunity and Defense
In case of any breach of intellectual property rights or other property rights of you or any other individual or legal entity that uses the services we provide you, or any breach of our operating rules or policies regarding the services provided, you agree to defend and protect the phpTrader and its affiliates, agents, employees, officers, directors, shareholders and other parties. This includes the defense costs set forth above in protecting all liability, claims, attorneys and expenses for any third-party claims arising thereby. If we get involved in a lawsuit filed by a third party in connection with the services we provide you under this Agreement, we may require you to make a written commitment to protect, indemnify and protect us from the costs and responsibilities set forth in this Section. The commitment in this document may include performance guarantee claims or other payment guarantees reasonably calculated at our sole discretion. If you do not make such a commitment, we may consider you to have violated this Agreement. The terms of this section will continue to exist after termination or cancellation of the contract.
8. Legal Adult
You confirm that you are a legal adult capable of entering into this Service Agreement.
9. Final Contract
In this Service Agreement, the agreements referred to, constitute a complete and exclusive contract between you and us with all changes and complies with all proposals and agreements that are stated above. You may not change or modify this Service Agreement unless you and our authorized representative both write and sign it in writing.
10. Immaturity of agency or employment relations
Nothing contained in this Service Agreement shall be understood as constituting an agency, partnership, employment of any form or other form of joint venture between the parties. Each party shall ensure that the aforementioned individuals do not testify wrong information.
Even if you do not require us to perform any of the provisions of this Agreement, it shall not affect your full right to perform such provisions at any time thereafter, and if you violate any of the provisions of this Agreement, we shall not treat or rule as if we waive such provisions.
If any of the terms and conditions of this Service are unenforceable, invalid, or unenforceable in a relevant court decision, the entire Service Agreement shall not be invalid by virtue due to unenforceable or invalidity. We will achieve our original purpose and purpose as reflected in the original provisions to the possible extent by changing or replacing such provisions to valid and enforceable provisions.
13. Transfer and Resale
Except for the one that states your rights to transfer and resale under this Service Agreement. You may not be able to transfer and resale. Any attempt by your creditor to acquire rights under this Service Agreement by seizure, provisional seizure, etc. will not void this Service Agreement.
14. Irresistible Force
Neither party shall be deemed to ask for responsibility to the other party for any interruption, suspension or delay in performing its obligations under this Agreement for any reason beyond its control. This includes earthquakes, floods, fires, natural disasters, wars, terrorism, armed conflicts, workplace closures, boycott activities, failure to procure supplies, shortages, violations or delays, or when any federal, state or local department, agency, commission, secretariat, enterprise or other agency, or local government, or private or military authority, that has claims jurisdiction over phpTradersor requests or orders. However, any party (i) subject to this Section shall immediately notify the other party in writing and within five (5) days from the date on which the force majeure event is known, and (ii) take all reasonable and necessary measures as appropriate to mitigate the impact of the force majeure event upon which the notification was provided. In addition, phpTrader may terminate this Service Agreement immediately if the Force majeure case extended for a total period of more than thirty (30) days.
15. Notice of Service Modification
The headings for each section of this Service Agreement are provided for only convenience purpose and do not in any way affect the definition, restriction, interpretation, or explanation of the scope or limitations of the section. You agree that phpTrader may amend the terms of this Service at any time and you will comply with the terms of this Service if the terms of this Service are amended.