This Affiliate Contract (the "Agreement") is made and entered into by and between MIRINICH TECH SRL, the owner of the website www.artisgain.com, a limited liability company with its registered office at Mihai Viteazu street no.24, Miheșu de Cîmpie, Mureș County, registered under the Trade Register with the number J26/887/2018 and the Tax Code 39445730 (the "Company"), and you (the "Affiliate"), whether you are an individual or a corporate entity.
a. "Affiliate" means an individual or entity that agrees to participate in the Company's Affiliate Program in accordance with the terms of this Agreement.
b. "Affiliate Program" means the program offered by the Company that allows Affiliates to earn commissions or rebates for introducing traders to the Company's forex cashback services.
c. "Commission" or "Rebate" means the compensation paid to the Affiliate for each qualified trader referral that results in a completed transaction or a rebate for the introduced trader.
d. "Qualified Trader Referral" means a trader who has registered with Artisgain, completed the Know Your Customer (KYC) process, and falls under the referral ID of the Affiliate who introduced the trader at the time of agreement.
e. "Completed Transaction" means a transaction executed by a Qualified Trader Referral consisting of opening and closing a specific trade within the month designated for receiving rebates under the general terms and conditions of the website.
f. "Trader" means an individual who opens a trading account with the Company through the Affiliate's referral link.
g. "KYC" means "know your customer" verification process.
h. "Partner Broker" means a third-party financial brokerage firm or entity with whom the Company has entered into an agreement to facilitate transactions, including but not limited to trading in foreign exchange or other financial instruments. The Partner Broker is responsible for executing trades, maintaining accounts, and complying with applicable laws and regulations. The terms and conditions set forth by the Partner Broker must be adhered to by all referred traders, and any breaches of these terms may affect the Commission/Rebate calculations under this Agreement.
2. ENROLLMENT IN THE AFFILIATE PROGRAM
a. To enroll in the Affiliate Program, the Affiliate must complete the registration form on the Company's website, agree to the terms of this Agreement, and complete the KYC verification process.
b. The Company reserves the right to reject any Affiliate application or terminate any Affiliate's participation in the Affiliate Program at any time for any reason.
c. The Affiliate agrees to provide accurate and complete information in the registration form and to promptly update any changes to such information.
d. If the Affiliate is a corporate entity, the Affiliate must provide documentation to verify its legal existence and authority to enter into this Agreement.
e. Prior to approval as an Affiliate, the Affiliate must provide the Company with all necessary know-your-customer (KYC) information, including but not limited to government-issued identification documents and proof of address. If the Affiliate is a corporate entity, the Affiliate must also provide documentation to verify its legal existence and authority to enter into this Agreement, including a certificate of incorporation, articles of incorporation or similar document, and a corporate resolution or similar document authorizing the corporate Affiliate to enter into this Agreement.
3. AFFILIATE COMMISSIONS/REBATES
a. The Affiliate will earn a Commission or Rebate for each qualified Trader referral that results in a completed transaction or a rebate for the introduced Trader.
b. The Commission or Rebate rate will be set forth by the Company and will be displayed in the Affiliate's Area of the website. This rate may be modified by the Company at any time in its sole discretion. The currently agreed rate is available to the Affiliate in the Affiliate's Area and will be considered as part of this Agreement.
c. Payment Terms:
c.1. Payment Schedule: The Company will pay Commissions or Rebates to the Affiliate on a monthly basis, with payments to be made on the 15th of each month, in accordance with the details and terms displayed in the Affiliate's Area on artisgain.com.
c.2. Payment Delays: In the event of errors, technical difficulties, or other unforeseen circumstances that prevent timely payment, the Company shall make reasonable efforts to correct the issue and process the payment as soon as possible. The Affiliate shall be notified of any delays and updated on the expected payment date. The Company shall not be liable for any loss, damage, or penalty as a result of a delay in payment caused by such circumstances.
d. The Affiliate acknowledges and agrees that the Company's determination of Commission/Rebate eligibility and calculation of Commission/Rebate amounts will be final and binding. This determination may be subject to the terms and conditions of the partner broker, including but not limited to the referral's compliance with those terms.
e. In the event that a referral of the Affiliate breaches the terms and conditions of the partner broker, or if the partner broker otherwise refuses payment due to such breach or any other legitimate reason, the Company reserves the right to withhold, reduce, or cancel the Commission/Rebate corresponding to that referral. The Affiliate will be notified of such a decision and provided with a reasonable explanation if available.
f. The Affiliate is solely responsible for all taxes, duties, and charges related to the Commissions/Rebates earned under this Agreement. This includes, but is not limited to, income taxes, value-added taxes (VAT), and withholding taxes. The Affiliate shall comply with all applicable tax laws and regulations and shall promptly provide the Company with any information or documentation that may be required to fulfill any tax reporting or withholding obligations.
4. AFFILIATE OBLIGATIONS
a.The Affiliate agrees to comply with the general Terms and Conditions governing the use of the www.artisgain.com website, as available at this link. These Website Terms and Conditions apply in addition to the specific terms of this Affiliate Contract.
b. The Affiliate will promote the Company's forex cashback services in a truthful and ethical manner and in compliance with all applicable laws and regulations.
c. The Affiliate will not engage in any deceptive or misleading advertising or marketing practices, including but not limited to false or exaggerated claims about the Company's forex cashback services.
d. The Affiliate will not use any illegal or unethical means to generate referrals, including but not limited to spamming or unauthorized use of third-party trademarks or copyrighted materials.
e. The Affiliate will comply with all applicable data protection laws, including but not limited to the European Union's General Data Protection Regulation (GDPR), in connection with the collection and processing of personal data.
f. If the Affiliate is a corporate entity, the Affiliate warrants and represents that it has obtained all necessary consents and authorizations from its employees, officers, and other representatives who will be participating in the Affiliate Program.
g. The Affiliate will use the Company's trademarks and other intellectual property solely for the purpose of promoting the Company's forex cashback services in accordance with this Agreement. The Affiliate will not use the Company's trademarks or other intellectual property in a manner that is likely to cause confusion, mistake, or deception among customers or potential customers, or that is likely to dilute the value of the Company's trademarks or other intellectual property.
h. The Affiliate represents and warrants that it has the legal authority to enter into this Agreement, that it will comply with all applicable laws and regulations in its performance under this Agreement, and that its participation in the Affiliate Program will not violate any third-party rights, including but not limited to intellectual property rights.
i. The Affiliate agrees to comply with all applicable anti-money laundering (AML) and counter-terrorist financing (CTF) laws and regulations, including those related to know your customer (KYC) and customer due diligence (CDD). The Affiliate will promptly notify the Company of any suspicious activity or transaction and will provide the Company with any information or documentation reasonably requested by the Company to comply with AML and CTF laws and regulations.
j. If the Affiliate is a corporate entity, the Affiliate agrees to provide the Company with updated corporate and ownership information upon request, including but not limited to changes in corporate structure, ownership, control, or beneficial ownership, as well as changes in the Affiliate's legal status, such as bankruptcy or insolvency proceedings.
k. If the Affiliate is acting on behalf of its clients or customers, the Affiliate represents and warrants that it has the necessary authority to act on their behalf in connection with the Affiliate Program, and that any referrals made by the Affiliate are made in accordance with such authority and the applicable laws and regulations.
l. The Affiliate represents and warrants that it has and will continue to comply with all applicable laws and regulations, including those related to corporate governance, ethics, and anti-corruption. The Affiliate will not engage in any activities that violate such laws and regulations, including but not limited to bribery, corruption, and money laundering.
a. The Affiliate acknowledges and agrees that any information disclosed to the Affiliate by the Company in connection with the Affiliate Program, including but not limited to customer lists, business strategies, and financial information, is confidential and proprietary to the Company.
b. The Affiliate will not disclose any such information to any third party without the Company's prior written consent.
6. INTELLECTUAL PROPERTY
a. The Company grants the Affiliate a non-exclusive, non-transferable, revocable license to use the Company's trademarks and other intellectual property solely for the purpose of promoting the Company's forex cashback services in accordance with this Agreement.
b. The Affiliate acknowledges and agrees that all right, title, and interest in and to the Company's trademarks and other intellectual property are and shall remain the sole property of the Company.
7. LIMITATION OF LIABILITY
a. The Company will not be liable to the Affiliate or any third party for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement.
b. The Company's liability to the Affiliate for any direct damages arising out of or in connection with this Agreement will be limited to the amount of Commissions/Rebates paid to the Affiliate under this Agreement.
c. The Company will not be liable to the Affiliate for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement, regardless of the form of action, whether in contract, tort, strict liability, or otherwise.
d. The Affiliate will indemnify, defend, and hold the Company harmless from and against any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Affiliate's breach of this Agreement, its negligent or intentional acts or omissions, or its violation of any applicable laws or regulations.
8. TERM AND TERMINATION
a. This Agreement will remain in effect until terminated by either party.
b. The Company may terminate this Agreement at any time and for any reason upon notice to the Affiliate.
c. The Affiliate may terminate this Agreement at any time by providing written notice to the Company.
d. Upon termination of this Agreement, the Affiliate's right to participate in the Affiliate Program and to receive Commissions/Rebates will immediately cease.
e. The Company may terminate the Affiliate's participation in the Affiliate Program immediately and without notice if the Affiliate breaches any of the terms of this Agreement, engages in any fraudulent or illegal activities, or otherwise harms the reputation of the Company or its products and services.
9. FORCE MAJEURE
a. Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to unforeseen circumstances beyond its reasonable control, including but not limited to natural disasters, governmental actions, wars, strikes, labor disputes, communication failures, supply shortages, or any other events that cannot be reasonably predicted or controlled. In the event of a force majeure occurrence, the affected party shall notify the other party as soon as possible and shall make all reasonable efforts to resume performance of its obligations as soon as practicable.
10. DISPUTE RESOLUTION
a. In the event of a dispute arising under or in connection with this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations within 30 days. If the dispute is not resolved within this time frame, either party may submit the dispute to the competent courts of Romania.
a. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
b. This Agreement will be governed by and construed in accordance with the laws of Romania without giving effect to any choice or conflict of law provision or rule.
c. Any legal suit, action or proceeding arising out of or related to this Agreement will be instituted exclusively in the courts of Romania, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
d. This Agreement may not be assigned by the Affiliate without the prior written consent of the Company, and any attempted assignment in violation of this provision will be null and void.
e. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
f. The failure of either party to enforce any provision of this Agreement will not be deemed a waiver of that provision or of the right to enforce that provision in the future.
g. This Agreement is executed in English, which shall be the governing language of this Agreement. Any translation of this Agreement into any other language is provided for convenience only, and in the event of any conflict between the English version and any translation, the English version shall control.
To enroll in the Affiliate Program and agree to the terms of this Agreement, please indicate your acceptance by clicking the appropriate checkbox and clicking the "Sign Contract" button on our website at www.artisgain.com. By clicking "Sign Contract" you acknowledge that you have read and understood the terms of this Agreement and agree to be bound by them.