This Affiliate Agreement of the Public Offer, hereinafter referred to as the Agreement, is concluded between Agio Crypto Ltd, hereinafter referred to as the Company, and an individual or legal entity that has opened a Partner’s Account with the Company, hereinafter referred to as the Partner, subject to the terms and conditions set forth in this Agreement, which is freely available on the official Website of the Company: http://www.agiocrypto.com, hereinafter referred to as the Website.
This Agreement is an electronic document and does not need to be signed. The Agreement can be translated into all languages which are used on the official Website of the Company. This translation can be used for information purposes only. In case of any discrepancies between the English version of this Agreement and its translation, the English version shall be considered a priority.
This Affiliate Agreement shall come into effect from the date of full and unconditional acceptance of the terms and conditions hereof, i.e. acknowledgement of consent from the person who has received the offer to enter into this Agreement. The Agreement is accepted by the Partner if he/she makes the following:
Autoreferral - a receipt of a commission fee from the trading accounts of the Partner or from the accounts of affiliated parties.
Active Partner - a Partner who has at least one referral with an active account.
Active Referral - a client who has made at least 5 cryptocurrency trading operations or a purchase of at least 1 mining contract per calendar month. The activity of an attracted client is examined at the end of the month from the date of registration.
Referral’s active account - a trading account that has a history of transactions or balance operations for the last 3 (three) months.
Active affiliate account - a Partner’s account that has a history of balance transactions for the last 12 (twelve) months.
Archived affiliate account - an account which has been transferred into the archive due to zero balance transactions, as well as no replenishment of referral accounts over the past 12 (twelve) months.
Affiliated Parties - the Partner, his/her relatives or any other individuals who share any personal information with the Partner (such as passport details, address, phone, e-mail, IP-address, answers to security questions, etc.).
Company’s profit - profit received by the Company as a result of its activities.
Commission fee - a form of payment by the Company for the Partner's work, according to the terms and conditions provided to the Partner by the Company. The size of the fee depends on the number of active referrals, as well as on the amount of trading operations made by the referral.
Company - a legal entity responsible for transactions and all necessary settlements with the Partner in accordance with this Agreement.
Hedged positions - transactions to buy/sell the same trading instrument with the same volume in the same trading account.
Mining Contract - a cryptocurrency cloud mining contract.
Partner - a Client of the Company registered in the Affiliate Program who has all the rights and liabilities set forth in the "User Agreement" and "Terms and conditions of mining contracts”, as well as in this Affiliate Agreement.
Affiliate Code (ID) - a unique code consisting of 9-10 digits which are added to the main affiliate link. The Partner receives the affiliate code immediately after registration in the "Affiliate Program".
Affiliate link - a unique link that consists of two parts: the link to the Company's Website (the link can lead to any page of the Website) and the affiliate code (for example: http://www.agiocrypto.com/?uid=111111111). A Client who visits the Website using such a link will be automatically assigned to the Partner who placed this referral link with his/her unique affiliate code.
Point - a change of the last number in the price value.
Referral - a member of the Affiliate Program who opened a trading account with the Company via the affiliate link located on the Partner's information resource, or who referred to the Affiliate code when registering.
Referrals’ group - a set of Referrals’ accounts registered via the Affiliate link of the same Partner.
Spread - the difference between Ask and Bid quote indicated in points.
Sub-partner - a new member of the Affiliate Program who registered his/her affiliate account via the Affiliate link of the existing Partner.
Sub-referral - a member of the Affiliate Program who opened a trading account with the Company via the Affiliate link located on the Sub-partner's information resource.
Transaction - a set of trading operations when the funds are transferred from the base currency into the quote currency and back again (in cryptocurrency trading), or invested into mining contracts (purchase of a contract, capacity purchase, etc.).
CashBack – a preset percent of Partner’s commission returned to the Referral by the Partner.
1.1 The Partner is, first of all, the Client of the Company exercising all the rights and liabilities of the Client within the framework established by the "User Agreement" and "Terms and conditions of mining contracts".
1.2 Each member of the Affiliate Program shall comply with this Agreement.
1.3 The Partner shall act and represent him/herself to the third parties only as the Client of the Company.
1.4 "Affiliate Program" is designed to attract new Clients to the Company with the help of unique Partners’ links.
1.5 An affiliated person cannot be a Referral. Such Referral’s account will be removed from the list of the Partner's Clients, and payments will not be made.
1.6 The Company does not provide the Partners information about trading operations of a Client or Client’s personal details.
1.7 The Affiliate code (ID) is indicated in the Client's Profile if a Referral is registered via the Affiliate link or the Affiliate code is entered when registering for the first time, and if the Partner's accounts are active. The Affiliate code (ID) is automatically assigned to all subsequent trading and affiliate accounts opened by this Referral.
1.8 A Client, who does not belong to any Referral Group, can join a Referral Group, if he/she sends a request from his/her mail box indicated in the Profile to the e-mail address firstname.lastname@example.org.
1.9 The Referral’s accounts cannot be transferred from one referral group to another.
1.10 If the Referral is registered in the Client's Profile prior to the Partner's registration in the Affiliate Program, the Referral’s account cannot be transferred to the referral group of this Partner.
1.11 If no balance operations are carried out on the affiliate account for 12 (twelve) months, the affiliate account will be archived.
1.12 An Archived account can be restored upon the Partner’s request, or the Partner can restore the account in the Client’s Profile. If the affiliate account has been restored, a commission fee is not charged for the inactive period.
1.12.1 If a Referral uses the Affiliate link or the Affiliate code and registers a trading account after the recovery of the affiliate account, the Referral’s Profile will contain the Affiliate code that is indicated in the Affiliate link.
2.1 The Partner is entitled to receive an affiliate commission in the amount and under the terms specified herein, for each trading operation conducted on the Active accounts of the Referrals that belong to his/her referral group.
2.2 The Partner’s commission is paid into the affiliate account and may be used by the Partner at his/her own discretion: either for withdrawal or for internal transfer to his/her trading or mining accounts (if available) to carry out trading or mining.
2.3 The Partner has the right to create his/her own affiliate network by attracting new partners for cooperation.
2.4 The Partner is entitled to:
2.5 The Partner’s primary task is to attract new Clients.
2.6 The Partner’s activities shall comply with legislation of the country of residence.
2.7 The Partner has no right to use unfair methods that go against the established norms of legal ethics to attract referrals, namely:
a) to locate the affiliate link on the websites containing or referring to information that contradicts the general concepts of morality and ethics;
b) to use on the Website viruses, malware or scripts, pop-up advertising icons, spam including promotional mailing to the e-mail addresses if the e-mail owner has not expressed explicit consent to receive such mailing;
c) other that can harm the Company’s positive image.
2.8 The Partner is forbidden to register any names of companies, his/her own products or services, domain names or other identification means that spell or sound the same as the Company’s name, its Website or products.
2.8.1 If the Partner registers any names of companies, his/her own products or services, domain names or any other identification means that spell or sound the same as the Company’s name, its Website or products, the Partner shall transfer to the Company the right of ownership, use and disposal of the aforementioned names, domain names and any other identification means at the Company’s request.
2.9 Upon the request of the Company, the Partner undertakes to provide the copies of the documents (including notarized ones), confirming his/her registration data, and also guarantees that all information provided to the Company is true, correct and complete. The Partner shall inform the Company about all changes of personal and contact information within 3 (three) days.
3.1 The Company shall:
a) pay to the Partner a commission fee in the amount and under the terms stipulated by this Agreement;
b) accept Referral’s payments into the Company’s accounts, bear all risks and responsibility for settlements with Referrals based on the Public Offer Agreements posted on the website www.agiocrypto.com;
c) open trading and mining accounts with the Company for the Referrals attracted by the Partner on general terms in accordance with the "User Agreement" and "Terms and conditions of mining contracts”;
d) provide the Referral with the opportunity to carry out trading and investment operations in the system using identification data (username and password) provided to the Referral in accordance with the "User Agreement" and "Terms and conditions of mining contracts”;
e) provide technical support to the Partner and his Referrals using means of communication and in the working hours specified on the Website of the Company.
3.2 The Company reserves the right to:
a) deny registration of the Partner;
b) refuse payments on transactions that are autoreferral;
c) cancel affiliate commission without warning if the terms and conditions of this Agreement are violated by the Partner.
3.3 The Company has the right to require the Partner to provide an address of the information resource that will host the Affiliate link. In case of refusal to provide the address of the information resource or violation of the conditions set forth in paragraphs 2.5–2.9 of this Agreement, the Company has the right to refuse opening affiliate accounts or terminate this Agreement.
3.4 The Company has the right to exclude from the Referrals’ Group the accounts of those Referrals who carry out both trading and non-trading transactions using technical failures on the trading platform or in the Client’s Profile, committing other fraudulent actions, as well as not complying with the terms of the "User Agreement" and "Terms and conditions of mining contracts”.
3.5 The Company has the right to cancel the Partner's commission received from the Referrals’ transactions, which contradict the terms of the "User Agreement" and "Terms and conditions of mining contracts”, or this Affiliate Agreement.
3.6 If the Company detects that the Partner violates paragraphs 2.5−2.9 hereof, the Company reserves the right to unilaterally terminate the Agreement and cancel all unpaid commission.
3.7 The Company reserves the right to change or modify this Agreement, notifying the Partner by e-mail 7 calendar days prior to the changes come into effect.
4.1 The Partner is informed and agrees that the Company shall not responsible for the actions or omissions of the Partner to carry out transactions on his/her Affiliate accounts.
4.2 The Partner guarantees the Company protection against various liabilities, costs, claims, damages, which may arise both directly and indirectly due to the Partner's inability to fulfill his/her obligations under this Agreement, "User Agreement" and "Terms and conditions of mining contracts”.
4.3 The Partner guarantees that the information he/she provides to the Referrals and Company is true and accurate.
4.4 The Partner guarantees that he/she will not use the Website design and any of its elements (including full or partial copying of the content or structure), except for the logo, banners, articles, landing pages and other marketing materials provided to the Partners in the Partner Cabinet on the Company's Website, without a written agreement with the Company.
4.5 The Partner agrees that he/she shall be fully responsible for the confidentiality and use of any secret information necessary to access the Company's services and ensures the safety of his/her secret data and passwords. The Partner shall be fully responsible for any loss or transfer of this data to third parties.
4.6 The Partner agrees that the Company shall not be liable for any failures in the telephone network, the Internet, or any other services provided by third parties and companies, or for any events and circumstances beyond the control of the Company.
4.7 The Partner agrees that the Company, within the program to prevent legalization of illegally obtained income, has the right to request the details of the Partner’s payment system opened in his/her name, and impose restrictions on withdrawals from the account only by transferring funds to the details specified by the Partner. If the Partner refuses to provide these details, the Company has the right to block all transactions on the account until the requested information is provided.
4.8 The Company guarantees that the information provided by the Partner when registering is confidential and is not subject to disclosure.
4.9 Under no circumstances shall the Company be liable for any actions of the Partner that violate the provisions of this Agreement. If the Partner had the intention to commit an act, but did not commit it for any reason, the Company would not reimburse the Partner for lost profits or losses incurred, as well as for moral damage.
4.10 The Company at its own discretion may provide information, guidance and advice to the Partner, however, the Company shall not be responsible for the consequences and profitability of such recommendations and advice given to the Partner.
5.1 The Partner receives a commission fee upon completion of a transaction by a Referral: a) when trading cryptocurrencies, if the difference between the opening price and the closing price is at least 3 (three) points and the transaction lasts more than 2 (two) minutes, b) regarding mining contracts, if the Referral purchased a mining contract amounting to at least $100.
5.2 The Commission fee is paid to the Partner's accounts, provided that the transaction executed by the Referral does not contradict the "User Agreement" and "Terms and conditions of mining contracts". If the Referral’s transaction is invalidated, it is subject to cancellation, and the commission fee will not be paid to the Partner.
5.3 When trading cryptocurrencies, if a Referral opens a counter position, the amount of which does not exceed (equal to or less than) the volume of the hedged position, the commission fee is paid only for the hedged position.
5.4 If a Referral opens a counter position, the amount of which exceeds the volume of the hedged position, the commission fee is paid for the hedged position in full, while for the hedging position the commission fee is paid only for the volume which is not overlapped.
5.5 The Partner receives commission fees upon completion of a transaction carried out with the help of Referral’s own funds. The commission fee is not paid for the transactions carried out using the Referral’s bonus funds.
5.5.1 If there is a credit bonus on the Referral’s trading account and at the moment of trade opening the Margin for this trade is bigger than the difference between Free Margin and Credit (M > FreeM − Cr; where M means Margin, FreeM means Free Margin, Cr is Credit), then the Partner’s commission is reduced pro rata the share of the Credit in the Margin.
5.6 The amount of commission paid for the accounts of Referrals attracted by the Partner depends on the Partner’s activity; the payment is made automatically by use of the special program on the Company’s server.
5.7 Commission fees are listed on the website agiocrypto.com and are subject to change.
5.8 Commission fees are paid for each closed transaction executed by the Referral subject to condition that the Referral complies with the terms hereof (paragraphs 5.1 and 5.2).
5.9 The verification of the Partner’s activity for the previous month and the adjustment of the commission rates shall be made in the first 10 (ten) working days of the calendar month.
5.10 If a Referral registers in the Affiliate Program, a Partner will receive % of a Sub-partner’s commission under the terms of the Affiliate Program posted on the website www.agiocrypto.com.
5.11 The Company reserves the right, without prior notice, to suspend the payment of affiliate commission for the Referral’s trades attracted more than 90 (ninety) days ago, if the Partner has not attracted any new Active Referral within this period of time.
5.11.1 Payment of affiliate commission for the Referral’s trades attracted more than 90 (ninety) days ago can be resumed at the current rate, starting from the week following the current one, after the Partner has attracted at least one new Active Referral.
5.11.2 No affiliate commission shall be paid for the period between the suspension and renewal dates.
5.11.3 When evaluating the Partner's activity, the Referrals performing operations only on demo accounts shall not be taken into account.
5.12 The Partner has the right to order withdrawal of commission and its transfer to the payment systems offered in the Client’s Profile provided that withdrawal of Partner’s commission via bank transfer is possible only if the amount of funds exceeds 500 USD.
5.13 The Partner has the right to change the payment system used earlier only if he/she has lost access to it. In such a case he/she shall send an official e-mail request to: email@example.com.
5.14 If, for some reason, the Partner’s details within his payment system have been changed, the Partner shall notify the Company by sending an e-mail to the address of the financial department of the Company, attaching a scanned copy of the identification document and describing the reason for the changes made. Otherwise, the Company has the right to deny withdrawal of funds to the new account.
5.15 Payment of the Partner’s commission is made within 1-10 banking days from the date of sending an official request.
5.16 As an exception, when trading or non-trading operations executed by the Partner or his/her Referrals require verification of compliance with the terms and conditions of the “User Agreement” and “Mining terms and conditions”, or this Affiliate Agreement, the transfer of funds can be postponed by the Company for up to 30 working days. In such a case, the Partner has the right to request the status of the verification process only by e-mail to: firstname.lastname@example.org.
5.17 The Company does not charge commission for withdrawal of funds from the Partner’s accounts. The Partner shall be responsible to pay commission charged by the payment system for a withdrawal of funds from the Partner’s account.
5.18 The amount of funds on the Partner’s accounts is indicated in US dollars (USD).
5.19 The Company has the right to unilaterally amend payment conditions.
5.20 In case of a dispute concerning an order, for which the affiliate commission has been paid out, the Company reserves the right to cancel such commission by correcting the affiliate account balance.
5.21 A great number of buy and/or sell transactions on any trading instruments, which are carried out by a Referral with no intention to gain profit, and thus, without using any of the trading strategies, is recognized as churning of the Partner’s commission. Such transactions are classified as transactions executed in collusion with the Partner, even if Referral’s data (such as passport details, address, phone, e-mail, IP-address, or answers to the security questions, etc.) do not have any intersections with a Partner. Commission derived from such transactions will be cancelled and payment to the Partner will not be made.
6.1 The Parties shall try to settle disputes using the complaint procedure, by email or through negotiations.
6.2 The Company accepts the Partner’s claims, arising out of this Agreement, only in writing and no later than three business days from the date when the dispute arises.
6.3. A claim shall be submitted by an e-mail and sent to the Partner’s Department to: email@example.com. Information indicated in the claim cannot be disclosed until the end of proceedings. Claims submitted in any other way will not be accepted.
6.4 A Partner’s claim shall be considered within 14 working days. If a claim is proven to be well-grounded, a compensatory payment to the Partner’s account is made within one business day from the date of positive decision on settlement of a dispute.
6.5 The Partner’s claim shall contain the following details:
Claims submitted in any other way are not accepted.
6.6 The Company has the right to reject the claim if:
6.7 If a disputed situation is not stipulated by the terms of this Agreement, the final decision on the dispute will be taken by the Company on the basis of common practice and legal ethics.
7.1 The Company has the right to change the terms of this Agreement by updating this Affiliate Agreement at the Company’s Website.
7.2 This Agreement shall be terminated if the Partner violates the terms and conditions specified herein.
7.3 The Company has the right to terminate this Agreement unilaterally by notifying the Partner. Termination of this Agreement does not cancel obligations of the Company or the Partner that have arisen under this Agreement, the “User Agreement" and "Mining terms and conditions”.
7.4 The Partner has the right to terminate this Agreement at any time by notifying the Company in writing by e-mail to: firstname.lastname@example.org. At the same time, the Company's obligations are deemed to be fulfilled after full settlement with the Partner.
7.5 In case of legal incapacitation or death of the Partner: