Stocktrades Affiliate Agreement
Effective Date: April 12th 2020
Primary Website: www.stocktrades.ca/
THE AGREEMENT: This Affiliate Agreement (hereinafter called the "Agreement") is provided by Stocktrades Ltd, hereinafter referred to as "Stocktrades". Our primary website is located at the address above. The agreement is a legal document you and the Company must agree on prior to entering the relationship we are about to initiate. This agreement covers your responsibilities as an affiliate and our responsibilities to you. Please ensure you read and understand the entirety of this document, as well as have a lawyers assistance if you desire.
DEFINITIONS: The parties referred to in this Agreement shall be defined as follows:
a) Stocktrades, us, we: As we describe above, we'll be referred to as Stocktrades. Us, we, our, ours and other first-person pronouns will also refer to Stocktrades, as well as all employees or legal agents of Stocktrades Ltd.
b) You, the Affiliate. You will be referred to as the "Affiliate". You'll also be referred to throughout this Agreement with second-person pronouns such as you, your or yours.
c) Parties. Collectively, the parties to this Agreement (Stocktrades and you) will be referred to as "Parties" or individually as "Party".
d) Affiliate Program. The program we've set up for our affiliates as described in this Agreement.
e) Affiliate Application. The fully completed form which must be provided to us for consideration of your inclusion in the Affiliate Program.
f) Website. The primary website we've noted above will be referred to as the Website
ASSENT & ACCEPTANCE: By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please do not submit an application. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.
PROGRAM SIGN-UP: In order to sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join. The Affiliate Application may be found at the following URL: https://www.stocktrades.ca/affiliate-signup/.
Submitting an Affiliate Application does not guarantee inclusion into the Affiliate Program. We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. If we choose not to allow your inclusion in the Affiliate Program, we will attempt to notify you. If you do not hear from us in a reasonable timeframe, consider your application denied. We are not obligated to provide you with any explanation as to why you were rejected.
NON-EXCLUSIVITY: This Agreement does not create an exclusive relationship between you and us. You are free to work with and promote similar affiliate programs from providers in any category.
AFFILIATE PROGRAM: After your acceptance into the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location.
Please be advised that below is a general description of the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.
We will provide you with a specific link or links which correspond to certain products we are offering for sale (collectively, the "Link"). The link will be keyed to your identity and will send online users to the Company's website or websites. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. We may modify the specific link or links and will notify you if we do so. You agreed to only use links which are prior approved by us and to display the Link prominently on your website or social media page, as described in your Affiliate Application.
Each time a user clicks through the Link posted on the Affiliate Site and signs up for a membership, you will be eligible to receive a recurring commission of 25%, as long as the referred purchaser completes their 30 day money back guarantee without requesting a refund. In the event the subscriber renews for an additional year, you will receive 25% of their renewal. If you have a custom agreement with Stocktrades, it will be reflected on your dashboard.
SPECIFIC TERMS APPLICABLE: We will determine whether payout is permissible in our sole and exclusive discretion. We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement.
We will also provide real-time data regarding your account with us through the portal on which you log into the website.
As described above, in order to be eligible for payout, user clicks and registrations must be "Qualified Clicks". Qualified Clicks:
a) Are clicks arriving to our website or websites through properly formatted links on the Affiliate Site
b) Are clicks that lead to registrations of a Membership.
c) Are registrations that end up in the user going past the 30 day money back guarantee period without a refund.
d) are not clicks or registrations sent by a bot or automated web program
PAYOUT INFORMATION: Payouts will only be available when Stocktrades has your current address information as well as valid Paypal e-mail. Paypal fees are the responsibility of the Affiliate, not Stocktrades.
For any changes in your address or accounting information, you must notify us immediately and we will endeavor to make the changes to your payout information as quickly as possible. Payouts will be available two months after they accrue. This is simply due to our 30 day money back guarantee. For example, payouts on March 1st would cover affiliate conversions From January 1st-31st. We explicitly reserve the right to change the way we pay out affiliate income at our sole and exclusive discretion. If we do so, you will be notified.
REPORTS: You may log into your account with us to review reports related to your affiliation, such as payout reports and Qualified Click and/or Purchase information. Please be advised however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout.
TERM AND TERMINATION: The term of this Agreement will begin when we accept you into the Affiliate Program. It can be terminated by either Party at any time with or without cause. If you decide to terminate this Agreement with us, you will qualify to receive payouts only earned prior to the date of termination. If you fail to follow the terms of this Agreement, you forfeit all rights, including the rights to all unclaimed payouts.
We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
INTELLECTUAL PROPERTY: You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belong to Stoctrades Ltd. Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company OP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.
We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.
Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion.
Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in court. You may be obligated to pay monetary damages or legal fees and costs.
MODIFICATION AND VARIATION: Stocktrades may, from time to time and at any time, modify this Agreement. You agree that Stocktrades has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effective immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. If we update or replace the terms of this Agreement, we will let you know via electronic means.
RELATIONSHIP OF THE PARTIES: Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of Stocktrades and will remain so at all times.
ACCEPTABLE USE: You agree not to use the Affiliate Program or Stocktrades for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of Stocktrades Ltd.
a) You further agree not to use the Affiliate program
i) To harass, abuse, or threaten others or otherwise violate any person's legal rights
ii) To violate any intellectual property rights of Stocktrades Ltd or any third party
iii) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another
iv) To perpetrate any fraud
v) To engage in or create any unlawful gambling, sweepstakes or pyramid scheme
vi) To publish or distribute any obscene for defamatory material
vii) To publish or distribute any material that incites violence, hate, or discrimination towards any group
viii) To unlawfully gather information about others.