VPS Forex Trader affiliate program

AFFILIATE PROGRAM AGREEMENT

PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HOSTLINE LLC, owner of website https://www.vpsforextrader.com, (thereafter - MERCHANT).

Please read the terms and conditions of this affiliate program agreement (thereafter – AGREEMENT) carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with this Agreement.

REGISTERING AS AFFILIATE ON A WEBSITE VPSFOREXTRADER.COM YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

1.          DEFINITIONS

As used in these terms and conditions: (i) “We”, “us”, or “our” refers to the Merchant and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Merchant’s website located at www.vpsforextrader.com; (iv) “your website” refers to any websites that the Affiliate will link to our website; (v) “Program” refers to the Merchant’s Affiliate Program. The Program enables affiliates to earn referral commissions by advertising our products and services to potential customers registering as Affiliate and using the unique Affiliate Link.

2.          PARTICIPATION IN THE AFFILIATE PROGRAM

2.1.     By enrolling in the VPSForexTrader Affiliate Program (hereinafter referred to as the "Program"), the participant (hereinafter referred to as the "Affiliate") agrees to abide by the terms and conditions set forth in this agreement. Upon successful registration and activation of the affiliate profile via the client dashboard, the Affiliate shall receive a unique referral link for promotional use. The Affiliate is entitled to earn a 15% one time, unless otherwise agreed, for each new customer who subscribes to Merchant services using the provided referral link. Commissions shall continue to be paid as long as the referred customer maintains an active subscription.

2.2.         The Merchant shall provide marketing materials, technical support, and necessary resources to assist Affiliates in their promotional activities. Participation in the Program is free of charge, and all commissions are subject to the terms of service outlined by The Merchant. The Merchant reserves the right to modify, suspend, or terminate the Program or an Affiliate’s participation at its discretion, with or without prior notice, in cases of non-compliance or fraudulent activity.

2.3.         To participate in the VPSForexTrader Affiliate Program, affiliates must provide accurate and complete personal information during the registration process. This includes, but is not limited to, full name, valid email address, and any other necessary details required for account verification and compliance. Affiliates are responsible for ensuring their information remains up to date and accurate.

3.          GUIDELINES FOR ADVERTISING AND PROMOTION

3.1 While participating in the Program, you agree to actively advertise our products and services using legal and proper marketing methods that comply with the terms of this Agreement.

3.2 Your participating website(s) shall not:

3.2.1 Infringe on our or any anyone else's intellectual property, publicity, privacy or other rights.

3.2.2 Violate any law, rule or regulation.

3.2.3 Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.

3.2.4 Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.

3.2.5 Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.

3.2.6 Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.

3.2.7 You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).

3.2.8 We grant you a limited, nonexclusive, non-transferable, revocable right to use the graphic image and text solely for the purpose of you participating in the Program. You may not modify the graphic image or text in any way, without prior written consent from us.  All of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. Should we decide to revoke your license, we will give you notice.

3.3 You understand that we have the right to monitor your activities to ensure they are following these terms and conditions.

4. COUPON ATTRIBUTION & AUTHENTICATION

4.1. Affiliates whose primary business is posting coupons, who are viewed by the program as being a coupon site, and/or who are tagged as a coupon affiliate in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or the respective section in your affiliate interface, and directly or privately to affiliates. Coupon codes that are not real, expired, not specific (i.e. 'up to 40% off sale items') or are long-term, sitewide offers that do not require a code may not be considered valid codes and the affiliate will not be given commission on these orders.

5. SUB-AFFILIATE NETWORKS

5.1.         Promoting us through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Program adhere to our terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the Program.

5.2           Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our terms.

6.          ADVERTISING & PUBLICITY

6.1 You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:

6.1.1 Abide by the European Union's Privacy and Electronic Communications Directive, the General Data Protection Regulation (GDPR), and the laws of other countries outside the European Union (if applicable), such as the CAN-SPAM Act of 2003 (Public Law No. 108-187), with respect to our Program.

6.1.2 E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of us.

6.1.3 E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.

7. SOCIAL MEDIA

7.1. Promotion on Facebook, Twitter, Instagram, YouTube and other social media platforms is permitted following these general guidelines:

7.1.1 You ARE allowed to promote offers to your own lists; more specifically, you are welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. Offers may include those communicated on our website or specifically generated for our affiliate program.

7.1.2 You ARE PROHIBITED from posting your affiliate links on our Facebook, Twitter, Pinterest, etc. accounts or company pages in an attempt to turn those links into affiliate sales.

7.1.3 You ARE PROHIBITED from creating a social media account that includes our trademark/s in the page name and/or username.

8. OPERATIONS OUTSIDE THE EUROPEAN UNION

8.1 If you are conducting business in or taking orders from persons in other countries, you must follow the laws of those countries. For example, you must comply with the CAN-SPAM Act of 2003 (Public Law No. 108-187), if you are conducting business in or taking orders from persons in the United States, and other applicable laws.

9. MERCHANT RIGHTS AND OBLIGATIONS

9.1 We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Program.

9.2 We reserve the right to terminate this Agreement and your participation in the Program immediately and without notice to you should you commit fraud in your use of the Program or should you abuse this program in any way. If such fraud or abuse is detected, we shall not be liable to you for any commissions for such fraudulent sales.

9.3 This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.

10. TERMINATION

10.1 Either you or we may terminate this Agreement at any time, with or without cause, by providing 5 days’ written notice through the respective functionality of the affiliate platform. In addition, this Agreement will terminate immediately if you breach any terms of this Agreement and fail to cure the breach within 5 days of receiving written notice.

10.2 Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our website, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

10.3 You are eligible to earn commissions only on sales of qualifying products that occur during the term, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

11. MODIFICATION

11.1 We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and the Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following the posting of the change notice or new Agreement on our website will indicate your agreement to the changes.  

12. OUR CUSTOMERS

12.1 Customers who buy products through the Program are our customers. All of our standard policies and operating procedures will apply to these customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time.

13. ORDER PROCESSING

13.1 Only services subscriptions purchased by customers who arrive at our website through the Program Affiliate Link on your site qualify as "direct sales." Direct sales will be adjusted to exclude subscriptions that are not activated, cancelled by customers, charged back, or refunded.

13.2 We reserve the right to exclude items ordered by you (using the Program Affiliate Link which would otherwise qualify for direct sales) and to not pay commissions for them, if we deem it necessary, in our sole discretion, to prevent abuse of the Program, or to reject orders that do not comply with any requirements that we periodically may establish.

13.3 We will be responsible for processing orders and will handle all customer service issues. We will track sales by customers who purchase products by using the Program Affiliate Link from your site to our website. A statement of activity is available to you through your affiliate interface.

14. COMISSIONS PAYMENT AND INVOICING

14.1 The Program allows Affiliates to earn a 15% commission on each sale (invoiced amount) for every referred user. If the Affiliate does not issue an invoice for the amount of commissions withdrawn, both parties agree that the Merchant is entitled to issue an invoice on behalf of the Affiliate for accounting purposes.

14.2 Accrued Affiliate commissions may be withdrawn once the total accrued commission balance reaches $50 USD.

14.3 Affiliates may request to withdraw their accrued commissions through the Client Area on Merchant’s website. All withdrawal requests must be initiated by the Affiliate using the designated platform.

14.4 To process a withdrawal request, the Affiliate must provide their full name and surname, date of birth, address of residence, identification code (if applicable) and a valid PayPal address of Affiliate for receiving payments. Failure to provide accurate and complete information may result in delays or the inability to process the withdrawal request.

14.5 The Merchant processes accrued commission payments within 30 calendar days from the date the withdrawal request is submitted, given that all required information has been successfully provided and verified.

14.6 If the Affiliate does not reach the minimum withdrawal amount required by the program within 36 months from the date of their registration as an Affiliate, the Merchant reserves the right to classify account as inactive. As a result, the account may be closed and any accrued commissions will no longer be available.

15. ACCESS TO AFFILIATE ACCOUNT INTERFACE

15.1 You will create a password so that you may enter your secure affiliate account interface. From the website you will be able to receive your reports that will describe our calculation of the commissions due to you.

16. TRANSACTION LOCK DATES

16.1 To prevent affiliate fraud, all new affiliates are subject to a 90 calendar day waiting period for their initial payouts. After successfully completing this 90 calendar day period without any customer chargebacks or fraud cases, affiliates will transition to the standard 30 calendar day payout schedule. Payments are processed promptly, ensuring transparency and fairness in all transactions.

16.2 The Merchant reserves the right to delay, suspend, or void payments to affiliates for any suspicious orders.

17. REVERSAL & COMMUNICATION POLICY

17.1 We maintain a low reversal rate, which we attribute to effective communication with our affiliates. Notwithstanding the foregoing, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, or any violations of the Program as set forth in these terms and conditions.

17.2 Furthermore, should we request your clarification or additional information on any orders or clicks that may be in violation of these terms and conditions, you shall provide a timely and truthful response. The following are considered violations of our communications policy.

17.2.1 You are not forthcoming, intentionally vague or are found to be lying.

17.2.2 You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.

17.2.3 You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.

17.2.4 If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the Program for the period or orders in question or terminate you from the Program altogether. While some violations may result from automated processes, it is the responsibility of each Affiliate to implement appropriate checks and balances to proactively address such issues and ensure compliance with the Program’s rules.

18. GRANT OF LICENSES

18.1 We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose.

18.2 You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Program. You agree that all uses of the Licensed Materials will be on behalf of the Program and the good will associated therewith will inure to the sole benefit of us.

18.3 Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

18.4 Except for the limited license granted under this section, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to our Affiliate Link, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to our domain name.

19. REPRESENTATIONS AND WARRANTIES

19.1 You represent and warrant that:

19.1.1 This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

19.1.2 You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

19.1.3 You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

20. LIMITATIONS OF LIABILITY

20.1 We will not be liable to you with respect to any subject matter of this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this Agreement, in no event shall Merchant's cumulative liability to you arising out of or related to this Agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this Agreement.

21. INDEMNIFICATION

21.1 You hereby agree to indemnify and hold harmless Merchant, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

22. CONFIDENTIALITY

22.1 All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential", will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

23. MISCELLANEOUS

23.1 You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or any other of your website or otherwise, that reasonably would contradict anything in this Section.

23.2 Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

23.3 This Agreement shall be governed by and interpreted in accordance with the laws of Republic of Lithuania and European Union without regard to the conflicts of laws and principles thereof.

23.4 You may not modify or waive any part of this Agreement unless agreed upon by both parties.

23.5 This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.

23.6 The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

23.7 If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement shall have full force and effect.

23.8 Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

24. INDEPENDENT INVESTIGATION

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME ADMIT OTHERS INTO THE PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.