AFFILIATEAGREEMENTAffiliate Agreement

Affiliate Agreement
IT IS AGREED:
1. Definitions of terms
Account:

The uniquely assigned account that is created for each Client when hecompletes an account application via the Website and is approved by theCompany;

Affiliate:

Means a legal or natural person that has signed up to direct internet
traffic to the website of the Company and/or its affiliated entities andwho received confirmation from the Company, in accordance with theterms of this Agreement;

Affiliated entities:

Means any person, a subsidiary of that person or any other entity that,
directly or indirectly through one or more intermediaries, controls, iscontrolled by, or is under common control with, the Company;

Affiliate Portal:

The portal available through the Affiliate Program website throughwhich the Affiliate can access their account;Agreement:

Means this Agreement between the Company and the Affiliate, which
may be amended from time to time;

Client:Means a legal or natural person which is a prospective client of theCompany or its affiliated entities, after the Company or its affiliatedentities, at their sole discretion, successfully undertook an assessment ofsuch person’s knowledge and experience for trading in CFDs or otherproducts the Company may offer, properly identified the client, and hasotherwise completed a client onboarding process in accordance with theterms of this Agreement;

Confidential
Information:

Means any data or information of either party, including oral, written or
electronic data or information including past, present or future research,development or business activities, and including without limitation, any
information relating to developments, inventions, processes, plans,
trading information and financial information. The Confidential
Information shall not include information that is available in the publicdomain, not as a result of the actions of the receiving party, that was
known to and/or developed by the receiving party prior to its receipt
from the disclosing party, or that was lawfully received by the receiving
party from a third party without an obligation of confidence;1Affiliate Agreement

Company:

Means Notesco Limited with incorporation number 51491 having its
registered address at Nineteen, Second Floor #19 Queen Street,
Hamilton HM 11, Bermuda operating as ‘FXGiants’;Compensation Plan
Or CPA:

Means the fees and/or commissions payable to the Affiliate as detailed
in the Affiliate Portal when the Terms & Conditions of this Agreement
are satisfied, and which are subject to change at the Company’s
discretion;

Intellectual
Property Rights:

Means without limitation patents, know-how, trademarks, rights toinventions, copyright and related rights, trade marks, business names
and domain names, lists and information on any Clients, information on
business or trading practices and remuneration, Client incentive andloyalty schemes, commission or other similar incentive schemes foraffiliates and other business partners, rights in get-up, goodwill and theright to sue for passing off, rights in designs, database rights, and allother intellectual property rights, in each case whether registered or
unregistered and including all applications and rights to apply for and be
granted, renewals or extensions of, and rights to claim priority from suchrights and all similar or equivalent rights or forms of protection which
subsist or will subsist now or in the future in any part of the world;

Non-Active
Affiliate:

Any Affiliate generating Client(s), directly or indirectly via ParentAffiliates and/or Sub-Affiliates, who is non-active during any
consecutive three (3) month period;

Parent-Affiliates
and Sub-Affiliates: Parent-Affiliates and Sub-Affiliates: Subject to the Company’s priorwritten approval, an Affiliate may become a Parent-Affiliate and refer
any third party who is not and has not been registered as an Affiliate,
Sub-Affiliate or Parent-Affiliate. Any Affiliate who is referred by the
Parent-Affiliate and was approved by the Company will be considered
for that Parent-Affiliate its Sub-Affiliate;
Program:Means the Company’s Affiliate Program which can be found atwww.fxgiants.com/partners/affiliates;

Sub-Affiliate:

Any person or entity which the Affiliate has referred to this program asa sub-affiliate, and provided such person or entity has approved by theCompany or on behalf of the Company by a member of the Company

2

Affiliate Agreement

for which the Affiliate and the Company shall determine the SubAffiliate Fee as required from time to time;
Sub-Affiliate Fee:

The amount payable to the Sub-Affiliate in accordance with the above
clause of Sub-Affiliate;

Referring URL:

Means the URL belonging to the Affiliate which identifies the internet
origin (i.e. website) from which the Client was referred/directed;

Tracking URL:

Means the unique URL that is generated when a Client clicks on a
Company banner on the Affiliate’s website or online network or any
online media approved by the Company. The URL is used by theCompany to track the Client who has been directed to the Company’s
website by the Affiliate’s website or online network or online media
approved by the Company;

Tracker(s) ID:

Means the unique alphanumeric code created automatically by theCompany for the purpose of identifying the Affiliate and his/her clients;

Trademark:Means the Company’s and/or its affiliated entities’ registered
Trademarks, “FXGiants”, including all other related trademarks as they
are locally and international recognized and protected underinternational and local laws;

Trading Platform:

Means the electronic trading facility offered by the Company and/or
its affiliated entities (e.g. MetaTrader platform) through which a
Client may send information including prices, orders, bids, offers andexecutions for the purposes of trading with or through the Company or
its affiliated entities;

Qualified Trader:

Means a referred Client who meets the conditions set out in thisagreement (i.e. trading volume);

Website:Means the website operated by the Company (www.fxgiants.com) andthe website(s) operated by the Company’s affiliated entities.

2. Engagement
2.1 During the term of this Agreement, the Affiliate undertakes to use its best efforts to actively
and effectively market and promote the Company and/or its affiliated entities’ website
through the Affiliate’s website.
2.2 Subject to the terms and conditions of this Agreement, the Company hereby grants to the
Affiliate and the Affiliate hereby obtains from the Company a non-exclusive, personal,
non-transferable, non-assignable and non-sub-license for the term of this Agreement, todisplay the Company and/or its affiliated entities in the Affiliate’s Website solely for the
purpose of promoting and marketing the Company’s services and/or the Trading Platform.
The Affiliate acknowledges and agrees that: (a) he/she/they will use the Company and its
affiliated entities’ brands only as permitted hereunder; (b) he/she/they will use the3Affiliate Agreement

Company and/or its affiliated entities’ brands in a lawful manner and in strict compliancewith all format(s), guidelines, standards and other requirements prescribed by theCompany; (c) the Company and its affiliated entities’ brands are and shall remain the soleproperty of the Company; (d) nothing in this Agreement shall confer in the Affiliate any
right of ownership in the Company’s brands and all use thereof by the Affiliate shall inure
to the benefit of the Company; and (e) the Affiliate shall not, now or in the future, attempt
to register any of the Company Brands and/or domain name and/or contest the validity of
any of the Company Brands or use any term or mark confusingly similar to any of theCompany Brands.
2.3 It is hereby agreed and clarified that the Affiliate shall not be permitted to market theCompany on any Internet website on which the Company promotes the Trading Platform
and/or in any other manner which results in the Affiliate competing with the Company inrelation to the promotion of the Trading Platform. In addition, the Affiliate shall not carryout search engine marketing of the Trading Platform using the word “FXGiants” or any
other name confusingly similar to “FXGiants”. In the event that the Affiliate is in breachof the foregoing provisions, the Company reserves the right to immediately terminate theAgreement pursuant to the terms specified in the relevant section below.
2.4 The Company shall have the sole and absolute discretion in connection with the rejection
or refusal of any Client to register to and/or trade with the Company.
2.5 Any and all rights not granted under this Agreement to the Affiliate in the Trading Platform(if any) are expressly reserved by the Company.
2.6 The Company reserves the right to take legal actions against the Affiliate in the event theAffiliate shall attempt to manipulate the Company and/or the Trading Platform and/or
abuse the Company’s Affiliate Program. Without limitation of the foregoing, the Company
reserves the right to withhold, set off and/or deduct from any payment due to Affiliate
hereunder in the event of such manipulation and/or abuse and may also terminate thisAgreement with immediate effect.
3. Affiliate Representation and Warranties
3.1 The Affiliate hereby represents, warrants, covenants and agrees to the Company as follows:
3.1.1 The Affiliate has all requisite authority to enter into this Agreement and to be fullybound hereby, and all necessary action has been taken by him in connection herewith.
The Affiliate acknowledges and confirms that he can enter into this Agreement and isapproved and/or authorised and/or qualified under his local regulatory requirements tooffer the services mentioned in this Agreement.
3.1.2 The Affiliate has fulfilled all registration, qualification and/or other requirements of all
jurisdictions and regulatory bodies to the extent that such registration, qualification
and/or other requirements are applicable to him during the term of the Agreement andwill remain in strict compliance with all of the foregoing.
3.1.3 If the Affiliate is a company or other entity, the Affiliate is duly organised, validly
existing and in good standing under the laws of his jurisdictions.

4Affiliate Agreement

3.1.4 There is no action or proceedings pending against the Affiliate or any of its officers ordirectors in their capacities as officers and directors of the Affiliate before any Court,
administrative agency or other tribunal which might have a material adverse effect on
its or the Company’ s business or condition, financial or otherwise, or its operation. No
director, officer, key employee or member of the Affiliate’s senior management has acriminal record or criminal prosecution and/or investigation pending.
3.1.5 The Affiliate will carry on his operations and business as an independent contractor andnot as an agent or employee or representative of the Company. The Affiliate cannot use
the Company’s logo in any of his correspondence, on any business cards or on any
electronic transmission, etc.
3.1.6 The Affiliate acknowledges and agrees that he/she is responsible for the payment of all
relevant duties and/or charges and/or taxes arising from the course of his business.
3.1.7 The Affiliate acknowledges that he/she is not allowed to register a business that
includes the trademarks of the Company as duly defined above. Furthermore, theAffiliate acknowledges that he/she is not allowed to register and/or operate a domainname that includes the “FXGiants”, including all other related trademarks as they are
locally and international recognized and protected under international and local laws.
3.1.8 The Affiliate further acknowledges that he/she is not allowed to use and/or register aTrademark and/or domain name which is similar in appearance, designation and notion
and/or which could reasonably provide a misleading association with the business andgoodwill of the Company.
3.1.9 The Affiliate acknowledges that he/she is not allowed to use and/or register Trademarks
and/or domain names which are in connection with the name “FXGiants” andparticularly if such marks consist of one word and are inseparably combined (in its
entirety).
3.1.10 The Affiliate acknowledges that he/she is not allowed to market directly or indirectly
to potential Clients on any website which the Company actively promotes its services
and products and/or in any other manner which results in the Affiliate competing with
the Company in relation to the Company’s website.
3.1.11 The affiliate is not allowed to use instant messaging or email, to redirect the prospectclient. Similarly, the Affiliate must not be in direct contact with prospect client. The
client can only be redirected to the Company from the Affiliate online network or online
media using a unique Tracking URL. This URL is embedded within the Company
marketing tools (e.g. banner) which are available on the Company’s Affiliate Portal.
3.1.12 Neither the execution nor the delivery of this Agreement nor the fulfillment of orcompliance with the terms and provisions hereof by the Affiliate shall contravene any
provision of law including, without limitation, any statute, rule, regulation, judgment,
decree, order, franchise or permit applicable to the Affiliate.
3.2 In the case where the Affiliate intends to use any information or functionalities relating to
the Company and its services to means other than affiliate’s website the Affiliate is required
to obtain the Company’s prior approval.

5Affiliate Agreement

3.3 The relationship between the Affiliate and the Company shall be governed by thisAgreement. This Agreement and any non-contractual obligations arising out of or inconnection with it are governed by Bermudian law. The Affiliate hereby irrevocably agrees
that the Bermudian courts have exclusive jurisdiction and accordingly submits to thejurisdiction of the Bermudian courts in relation to any matter arising in connection withthis Agreement (including regarding its existence).
3.4 This Agreement is a legal and valid obligation binding upon it and is enforceable inaccordance with its terms. The execution, delivery and performance of this Agreement by
the Company does not conflict with any agreement, instrument or understanding, oral or
written, to which it is a party or by which it may be bound, nor violate any law or
regulation of any Court, governmental body or administrative or other agency having
authority over it;
3.5 The Company is a lawful owner/lawful licensee of the Intellectual Property Rights in the
Trading Platform and in the Company Brands.
4.

Affiliate Relationship and Activities

4.1 In the event that the Affiliate deviates from the standard interpretation of this Agreement,
it will be considered that he/she has breached the Agreement unless he/she has obtained
written confirmation from the Company.
4.2 The Affiliate undertakes that its marketing activity and/or any content to be posted and/or
published on the Affiliate’s Website shall not be directed toward minors and/or engage inany other practices which may affect adversely the high image, credibility or reputation of
the Company, its services and/or its Trading Platforms, including without limitation of thegenerality of the foregoing, material that is in breach of and/or infringes any Intellectual
Property Rights of any third party (including any material copied from third parties without
their permission) and/or including any false, misleading or disparaging representations orstatements with respect to the Trading Platform and/or the Company.
4.3 Without prejudice to the obligations of the Affiliate under this agreement the Company is
not responsible and has no liability for any advice or recommendation or decision provided
by the Affiliate to the Client.
4.4 For the Affiliate to be eligible for any fees with regards to the Client, he has to meet all
requirements set in this Agreement.
4.5 The Company’s marketing materials, including but not limited to the logos, banners andvideos, should be clearly placed on the Affiliate’s website or other online referral media or
network, in order to redirect the prospective Clients to the Company’s Website. Each client
must be unique therefore will have a unique IP and Tracker ID. The client’s IP Address
must be identifiable and must be different from the Affiliate’s IP Address. The client’s
referring URL must also be identifiable.
4.6 The Affiliate is granted a non-exclusive, non-transferable right to display the Company’s
mark and any banners as these will be approved by the Company to display on his website

6

Affiliate Agreement

for the sole purpose of providing a link for the Affiliate’s website to refer internet traffic
to the Company’s website.
4.7 The Affiliate is required to obtain the Company’s approval prior to uploading any
information or functionalities relating to the Company and its services. In the case where
the Affiliate intends to change the Company’s information and/or functionalities that were
initially provided and approved by the Company, then the Affiliate needs to obtain a new
approval from the Company before he/she proceeds with such changes.
4.8 In the event of any disparity between the claim(s) made by the Affiliate and the Company
with regards to the referred Client, the Company shall have the sole discretion in accepting
or rejecting the claim(s) of the Affiliate.
4.9 Any referred Client, who opens an account with the Company, will be considered theCompany’s Client, and shall follow the Company’s procedure for the opening of a trading
account with the Company.
4.10 The Company may at its sole discretion accept or decline any Client referred by theAffiliate.
4.11 In the event of a referred Client being directed to the Company via the referring URL
belonging to the Affiliate and the link of an Introducing Broker at the same time, theCompany shall allocate the Client at its discretion.
4.12 The Affiliate undertakes the necessary precautions to ensure the confidentiality of all
information, including, but not limited to, the access codes of the Program, transaction
activities and any other information that be accessible by him via the Program. The Affiliate
acknowledges that the Company bears no responsibility in case the access codes are used
unauthorised by any third party. The Affiliate is strongly advised not to use any public
computer to log in with his access codes. The Affiliate should always log out from theCompany’s Program.
4.13 The Affiliate undertakes to notify the Company immediately if it comes to his attention that
the Program’s access codes provided to him are being used unauthorised.
4.14 The Company is not liable or responsible for any marketing or promotions initiated by theAffiliate and for any costs or charges for such activity. The costs will be met by theAffiliate.
5. Compensation Scheme
5.1 The Affiliate shall be entitled to receive fees as detailed in the Compensation Plan for theAffiliate available on the Affiliate Portal, provided the following criteria are met:a. The Referred Client has been approved by the Company and has opened a trading
account with the Company (excluding STP/ECN accounts);
b. The Client traded the agreed number of lots as stated in the Compensation Plan.

7

Affiliate Agreementc. The Client’s trades must be at least 2 minutes in duration in order to qualify under
the CPA.
d. Applicable CPA will be capped at the total deposit amount, when a client becomesa qualified trader.
e. The Client is a Direct Client and is not under any referring Broker relationship.
f. The Affiliate acknowledges that the fees provided in the CPA plan are indicative
rather than definitive. The Company reserves the right to unilaterally modify or
update the scheme at any time, without the Affiliate’s consent.
g. The Affiliate must have completed the age of 18
h. The Company does not accept Clients from certain jurisdictions such as the USA,
Cuba, Sudan, Syria and North Korea.
5.2 Payment terms: Any payments and/or fees due to the Affiliate in respect of Qualified
Clients referred by the Affiliate will be calculated on a weekly basis following thecalendar week during which such fees have been generated subject to clause 5.1 above.
Relevant payments will be made to Affiliates on a weekly or bi-weekly or monthly basis,at the discretion of the Company.
The Affiliate must have accumulated a minimum of USD 1,000 (or its equivalent inanother currency) in eligible commission payments before any payments and/or fees are
credited to the Affiliate’s trading or commission account.
5.3 Method of payment: Any fees will be credited to the Affiliate’s trading or commission
account opened with the Company in accordance with the Company’s Terms of Business.
The Affiliate will be able to request a withdrawal from his trading or commission accountto be executed via bank wire transfer (applicable fees may apply).
5.4 Notwithstanding any other provision in this Agreement, the Company may, in its sole andabsolute discretion, withhold, delay or deny payment of the Affiliate Fee in any of thefollowing events:a) The Company has reason to suspect that the Affiliate’s activity is not in compliancewith any applicable laws or regulations regarding digital advertising;b) The Company has reason to suspect that the Affiliate’s activity is in breach of thisAgreement;c) The Affiliate has failed to complete any form as may be required by the Company
or has entered misleading or incorrect information in a form provided by theAffiliate to the Company;d) The Affiliate has failed to provide any document as may be demanded by theCompany; and/ore) The Company has been notified by any third party of the alleged infringement ofproperty or rights (e.g. intellectual property rights) by the Affiliate or by theAffiliate’s activity.
In addition, the Company may in its sole and absolute discretion, withhold, delay or denypayment of the Affiliate Fee in relation to any Clients where:8Affiliate Agreementf) The Client has created a duplicate profile;g) The Client has any chargebacks to their account;h) The Client traded only the minimum trades/lots needed for the Affiliate to qualify
under the CPA, with no trading activity over the following 5 (five) business days;i) The Client traded only the minimum trades/lots needed for the Affiliate to qualify
under the CPA, and then withdraws more than 70% of the original deposit within 3(three) business days;j) The Client’s first-time deposit triggers fees under the CPA, but the Client makes apartial withdrawal and only trades on the remaining amount which would have been
subject to a lower CPA. In such instances the Affiliate will be compensated inaccordance with the lower CPA amount.
The Affiliate hereby irrevocably waives its rights to, and shall indemnify the Company and any
member of the Company for, any claim or demand made against the Company or any memberof the Company, their directors, officers, shareholders, employees or against any Website inrespect of the exercise by the Company of its rights in this clause.
5.5 If the Affiliate does not provide their payment details within two (2) months of the issue ofthe first commission, all payments will be removed.
5.6 Non-Active Account: Notwithstanding any other provision in this Agreement, a NonActive Affiliate shall not be entitled to receive any Affiliation Fee from the Company, while
his account will be deactivated.
5.7 Holdover for Fraud Traffic:(a) Notwithstanding any other provision in this Agreement, in the event that any activity
in the Affiliate’s account, or in any account which appears to be controlled or
managed by the Affiliate, is deemed suspicious by the Company in its soledetermination, the Company may, in its sole and absolute discretion, delay paymentof the Affiliate Fee to the Affiliate for up to one hundred and eighty (180) days inorder to verify the suspicious activity.
(b) In the event that the Company determines that an activity constitutes Fraud Traffic,
the Company shall recalculate or withhold the Affiliate Fee, in its sole and absolute
discretion.
(c) Notwithstanding the terms of this Agreement, if the Company determines that an
Affiliate is involved, whether directly or indirectly in any fraudulent, deceptive,
manipulative or otherwise illegal activity connected to the Company, including
without limitation to the Website, Account(s), Sub-Affiliate(s) and/or ReferredAffiliate(s) the Company shall have the right, in addition to any other right or remedy
available to it under this Agreement or applicable law, to render the Tracking URLs
assigned to such Affiliate inoperative, and immediately block Affiliate’s access to
the Program, with no compensation to Affiliate. The Affiliate hereby irrevocably9Affiliate Agreement

waives its rights to, and shall indemnify the Company and any member of theCompany for, any claim or demand made against the Company or any member of
the Company, their directors, officers, shareholders, employees or against any
Website in respect of the exercise by the Company of its rights in this clause.
5.8 In addition to any other terms and conditions set forth anywhere in this Agreement or underapplicable law, Affiliate shall not be entitled to receive any fees for any Client or any othertype of traffic entitling the Affiliate to payment unless and until the foregoing has been
approved and qualified by the Company. For the removal of any doubt it is hereby clarified
that the Company reserves the right, at its sole and absolute discretion, to change, modify,
add or remove, at any time, any criteria applying to any of the compensation plans,
including without limitation, setting any baseline, threshold, minimum deposits/earning
and/or other requirement(s) for qualifying into any of the compensation plans and/or forreceiving any fees set forth herein.
5.9 The Company reserves the right to alter the Compensation Plan at any time. The Affiliate
should always refer to their Affiliate Portal for their current Compensation Plan. For moredetails, please contact affiliates.support@fxgiants.com.
5.10
Notwithstanding the aforementioned, the CPA payable by the Company to the
Affiliate shall not extend to cover payments on managed accounts and/or copy trading
accounts, and/or any other such accounts in which the Client does not have the authority
to influence, control, direct or effect decisions with respect to the trading activities in the
Account, without the Company’s prior approval.
6. Notices and Communication
6.1 Unless otherwise specified, the Affiliate has to send any notice, instruction, request or othercommunication in writing by email to affiliates.support@fxgiants.com.
6.2 All notices/information provided by the Company or received from the Affiliate should bein the English language.
7. Provision of Information, Data Protection
7.1 The Affiliate shall promptly provide the Company with any information which theCompany may request as evidence for the matters referred to in the Agreement or tocomply with any Applicable Regulations or otherwise, and will notify the Company ifthere are any material changes to such information.
7.2 It is the Company’s policy to take all necessary steps to ensure that personal data held, isprocessed fairly and lawfully in accordance with the Personal Data Law.
7.3 By visiting and/or accessing this website, you consent to us to collect, maintain and use
your personal information as per this policy.

10Affiliate Agreement

7.4 The Company holds personal data relating to the Affiliate in connection with the provisionsof this Agreement except to the extent that the Company is required or permitted by law.
Personal data provided to or obtained by the Company will be used for the purposes of thisAgreement. The Company has the right without informing the Affiliate to inform any third
parties or authorities in regards to the Affiliate’s personal information, transactions or any
other information as it may deem necessary in the case where the Affiliate is directly or
indirectly involved in fraud.
7.5 We will ask you when required for information that personally identifies you (personal
information) or allows us to contact you. Generally, this information is requested when you
apply for a demo or a live account with us as well as participating in any offer we promote
to our existing or potential clients as well as to any visitors on our websites. The main
purposes we use your personal information for to treat you fairly, and to understand yourfinancial objectives and to ensure that relevant services are appropriate to your profile, as
well as to provide you with sales and post sales services.
The personal information that will be collected from you includes:••

personal details you provide to us on applications and other forms,
financial details such as estimated annual income and net worth and your trading
experience and investment knowledge,• documents that you provide to us to verify your identity, such as your passport,
utility bills, and/or bank statement or your company incorporation details.
7.6 According to our regulatory regime we generally need to keep your personal information
on record for a period of at least five (5) years, which is calculated after the execution of
the transactions or the termination of the business relationship or in the case you wish toterminate your working relationship with us. Subject to that, when we consider information
is no longer needed, we will remove any details that will identify you or we will securely
destroy the records.
We may use your personal information for one or more of the following purposes:
•
•
•
•
•
•
•
•

to confirm your identity;
to assess your suitability to the products and services we provide;to process your transactions;to provide you with transaction and post transaction related services;
to inform you of products and/or services that may be of interest to you;to keep you updated on the issues that are relevant to your business relationshipwith us;
to improve the Site;
to analyse statistical data to enable us to provide you with better products and/or
services.

7.7 We will disclose your personal information, without notice when required to do so by
law or in good faith that such action is necessary to: (a) protect our and/or FXGiants'rights and/or comply with any court order or judicial proceedings; (b) avoid any
potential fraud; (c) conform to the edicts of the law or comply with a legal processserved on us, or the site; (d) protect and defend the rights or property of us, and, (e) act

11

Affiliate Agreement

in urgent circumstances to protect the personal safety of users of us, our Websites, orthe public.

8. Cookies
8.1 We use cookies to gather information about your access to our website and other services
we provide to you. Cookies are small files of letters and numbers, which use a unique
identification tag and if you agree, are stored on your device as a result of you using thiswebsite or other services we provide to you. These cookies allow us to distinguish youfrom other users of our website, which helps us to provide you with a good experience
when you browse our website and also allows us to improve our website.
8.2 Please click at the relevant point on our web page to confirm that you agree to our use of
cookies on your device.
8.3 Most internet browsers are set up to accept cookies. If you do not wish to receive cookies,
you may be able to change the settings of your browser to refuse all cookies or to have yourcomputer notify you each time a cookie is sent to it, and thereby give yourself the choiceof whether to accept it or not. However, this may impair the quality of the services that we
provide to you in relation to your account.
9. Security and Access
9.1 We have taken strong measures to protect the security of your personal information and toensure that your choices for its intended use are honoured. We take strong precautions toprotect your data from loss, misuse, unauthorised access or disclosure, alteration, or
destruction.
9.2 We strictly protect the security of your personal information and honor your choices for
its intended use.
9.3 You also have a significant role in protecting your information. No one can see or edit
your personal information without knowing your user name and password, so do notshare these details with others.

12

Affiliate Agreement

9.4 In addition, we, ensure the security of transmission of your payment card details that areprotected using Transport Layer encryption-TLS 1.2 and application layer with algorithm
AES and key length 256 bit in accordance with the recommendations of Payment Card
Industry Security Standards Council.
9.5 Under the Personal Information Protection Act 2016 (PIPA) you have the right to obtain acopy of any personal information which we hold about you and to advise us of any
perceived inaccuracy. The Act sets out some exceptions to this. To make a request, pleasewrite to us, verifying your identity and specifying what information you require. We may
charge a fee to cover the cost of verifying the application and locating, retrieving, reviewing
and copying any material requested. We will acknowledge your request and respond to it
within 45 days of receipt of your application and any applicable fee.
10. Amendment and Termination
10.1 This Agreement will take effect when the Affiliate indicates its acceptance of thisAgreement and shall continue until terminated in accordance with the terms of thisAgreement.
10.2 This Agreement may be amended from time to time and the Company shall notify theAffiliate of the relevant amendment or about the updated Agreement either in writing, or
through the Website or Affiliate Portal. Any changes to the Agreement will not apply totransactions performed prior to the date on which the changes become effective unlessspecifically agreed otherwise. Should the Affiliate disagree with the changes, he/she may
terminate the Agreement in accordance with paragraph 10.3 below.
10.3 Either party (Company or Affiliate) can terminate the Agreement by giving five (5)business days’ written notice to the other party.
10.4 This Agreement will terminate immediately and without notice if:a) The other party makes an arrangement with its creditors, cannot pay its debts when
they fall due, is declared insolvent or bankrupt or has an administrator or receiverappointed;b) A petition is filed, a notice is given, a resolution is passed or an order is made foror in connection with the winding up of the other party;c) An application is made to court, or an order is made, for the appointment of an
administrator or if a notice of intention to appoint an administrator is given or if an
administrator is appointed over the other party;d) A person becomes entitled to appoint a receiver over the assets of the other party ora receiver is appointed over the assets of the other party;e) The other party suspends or ceases, or threatens to suspend or cease, to carry on all
or a substantial part of its business; orf) Affiliate fails to comply with any applicable law or regulation, or breaches any
provision of this Agreement that the Company deems to be material.

13

Affiliate Agreement

10.5 The Company shall reserve the right to terminate without notice, this Agreement or any
rights of the Affiliate that may fall under the provisions of this Agreement, due to any
malpractice, breach, failure or other significant event, including liquidation or insolvency,
on the part of the Affiliate. Such termination will be at the sole discretion of the Company.
10.6 The Company has the right to terminate this Agreement in case (i) the Affiliate refers lessthan three (3) Clients within a ninety (90) days’ period from the date of concluding thisAgreement.
The Company has the right to terminate this Agreement or suspend the payment of any fees
due to the Affiliate in case (ii) the referred Client has not met the conditions set out in thisAgreement within thirty (30) days from his/her account approval.
10.7 Upon termination of this Agreement for any reason, the Affiliate will cease the use of, andremove from the Affiliate’s Website, all the Company’s and its affiliated entities Marks,
Banners and Text Links to the Website within two (2) business days from the notice oftermination. The Affiliate shall pay the Company US $ 100 for each day such theCompany’s Marks, Banners and Text Links is not removed from Affiliate’s website by theAffiliate. Any domain which contains any of the Company’s Marks shall be immediately
returned or transferred to the Company, at the Affiliate’s cost, upon termination of thisAgreement with Affiliate for whatsoever reason. The Affiliate shall pay the Company US$ 1,000 for each day such domain is not returned or transferred to the Company.
10.8 Upon termination of this Agreement, the Company warrants to pay the Affiliate any fees
due to the latter as set out in this Agreement provided that any such amount has been
generated as a result of the proper fulfilment of the terms of this Agreement.
11. Governing Language
11.1 This Agreement as well as any additional agreement hereto (both present and future) aremade in English. Any other language translations are provided as a convenience only. In
the case of any inconsistency or discrepancy between the original English texts and theirtranslation into any other language, the original versions in English shall prevail.

12. Applicable Laws and Place of Jurisdiction
12.1 This Agreement and all transactional relations between the Affiliate and the Company
are governed by the Laws of Bermuda and the competent court for the settlement of any
dispute which may arise between them shall be the District Courts of Bermuda.
13. Miscellaneous
13.1 The Company and the Affiliate are independent contractors, and nothing in thisAgreement creates any partnership, joint venture or agency relationship between them,
grants to the Affiliate authority to make any representation on the Company’s behalf of or
make public any information regarding the Company, or prohibits the Company or its
affiliated entities from operating.

14

Affiliate Agreement

13.2 The Affiliate declares that by accepting this Agreement it consents to, the Company
sending, and it receiving, by means of telephone, SMS or email, communications
containing newsletters, notifications and any other content of a commercial nature relating
to the Website(s) and related services. The consent (whether written or oral) before sending
such communications to the Affiliate, provided that the Company shall immediately cease
to send any such further communications should the Affiliate notify the Company in writingthat the Affiliate no longer wishes to receive such content.
13.3 This Agreement comprises the entire agreement between the Affiliate and the Company,
supersedes all prior oral and written agreements pertaining to this Agreement’s subject
matter, and applies in addition to any other term or condition of the Website(s), unlessexpressly provided otherwise in this Agreement or agreed between the parties in writing.
13.4 The Company or its affiliated entities’ failure to exercise or enforce any right or provisionof this Agreement shall not constitute a waiver of such right or provision.
13.5 This Agreement and the Affiliate’s obligations may not be assigned by the Affiliate, byoperation of law or otherwise. The Company may assign this Agreement to any of its
affiliated entities’ at any time.
13.6 These rights of the parties to terminate, rescind or agree any variables, waiver or settlement
under this Agreement are not subject to the consent of any other person.
13.7 To the extent permitted by the applicable Law:a) The Company will not be liable for any loss, liability or cost (including
consequential loss) suffered or incurred by the Affiliate as a result of instructions
given, or any other communications being made, via the internet;b) The Affiliate will be solely responsible for all orders, and the accuracy of all
information, sent via the internet using access codes; andc) The Company is not liable for any loss or damages that may be caused to any
equipment or software due to any viruses, defects or malfunctions in connection
with the access to, or use of, the Company’s Program.

09 June 2023 - Version: 2023/001
Copyright © 2023 FXGiants. All Rights Reserved

Notesco Limited
Website: www.fxgiants.com

15