Terms & Conditions

The parties to this agreement are you (hereinafter the “Applicant” or “Affiliate” respectively) and Reituca Enterprises Limited (hereinafter: “the company”)
By completing the Affiliate Application to FxClix Affiliate Program (the "Affiliate Program") and clicking "I Accept" on the form, you  are hereby fully agree to abide by all the terms and conditions set out in this Agreement.

The company reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice subject to the terms and conditions set out in this Agreement. Your continued (i) participation in the Program, (ii) use of the FxClix Affiliate website and/or FxClix Marketing Tools (as hereafter defined), or (iii) acceptance of any Affiliate commissions from the company or its clients  confirms your irrevocable acceptance of this Agreement (and any modifications thereto), subject to your continued compliance with the terms and conditions of this Agreement.

It is hereby agreed that this agreement does not apply to services of supplying traffic / leads of clients which are resident of USA (UNITED STATES OF AMERICA), a territory of which the clients may NOT BE A RESIDENT for the purposes of using our services AND FROM WHICH the clients ARE NOT ALLOWED TO ACCESS OR USE THE ONLINE services AND/OR THE WEBSITE AND/OR THE services of, OR TO MAKE ANY DEPOSIT OR RECEIVE ANY WITHDRAWAL.

This limitation may be changed by FXClix unilaterally and under our sole discretion from time to time and IT IS YOUR DUTY TO CONSULT AND / or to CHECK REGULARLY THIS END-USER AGREEMENT IN OUR WEBSITE REGARDING ANY CHANGES regarding this.

ARTICLE I

Purpose

1.1 The Company serves leading Forex labels, all licensed by the relevant authorities and offers leveraged Forex, commodities and derivatives trading (hereinafter: “Financial Trading”), through their websites.

1.2 The Affiliate maintains and operates one or more websites/Offline on the Internet (hereinafter collectively referred to as "the Website").

1.3 This Agreement governs the terms and conditions relating to the promotion by the Affiliate of the Company's client’s Websites, hereinafter referred to as “FxClix” whereby the Affiliate will be paid a commission depending on the traffic generated to FxClix subject to the terms and conditions of this Agreement.

ARTICLE II

Acceptance of Affiliate

2.1 The Company shall evaluate the Affiliate Membership Form hereby submitted and shall inform the Applicant in Email whether the Membership Form is accepted or not. The Company reserves the right to refuse the application for any reason without explanation.

ARTICLE III

Qualifying Conditions

3.1 The Applicant hereby warrants that:

a) He/She is of the legal age in the applicable jurisdiction to agree to and enter into an Agreement.

b) He/She is competent and duly authorized to enter into binding Agreements for the Affiliate and/or the Website/offline.

c) He/She is the proprietor of all rights, licenses and permits to market, promote and advertise FxClix in accordance with the provision of this Agreement.

d) He/She shall comply with all applicable rules, laws and regulations in connection with the promotion of FxClix

e) He/She fully understands and accepts the terms and conditions of the Agreement.

ARTICLE IV

Responsibilities and Obligations of the Company

4.1 The Company shall provide the Affiliate with all information necessary and marketing material for the proper implementation of his traffic tracking .

4.2 The Company shall administrate the turnover generated via the links, record the net revenues and the total amount of commission earned via his traffic, provide the contracting party with commission statistics, and handle all customer services related to the business. A unique tracking identification code will be assigned to all referred customers.

4.3 The Company shall pay the Affiliate the amount due depending on the traffic and or revenue generated subject to the terms and conditions of this Agreement.

4.4 The Company may refuse any customer or close a customer's account if it is necessary to comply with the Company's Policy and/or protect the interest of the Company.

ARTICLE V

Responsibilities and Obligations of the Affiliate

5.1 The Affiliate hereby warrants and undertakes:

a) To use its best efforts to actively and effectively advertise, market and promote FxClix’s products as widely as possible in order to maximize the benefit to the Parties and that it will abide by the guidelines of the Company as may be forwarded from time to time and/or that may be accessible online.

b) To market and refer potential Customers to FxClix at its own cost and expense. The Affiliate will be solely responsible for the distribution, content and manners of its marketing activities. All of the Affiliate's marketing activities must be professional, proper and lawful under applicable laws and negotiations and in accordance with this Agreement.

c) To use only a tracking provided within the scope of the affiliate program, otherwise no warranty whatsoever can be assumed for proper registration and revenue accounting. Also, not to alter, change or modify in any way any link or marketing material without prior written and duly signed authorization from the Company.

d) To be responsible for the development, the operation, and the maintenance of its web site as well as for all material appearing on the web site.

5.2 The Affiliate hereby warrants:

a) That it will not perform any act which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.

b) That it will not actively target any person who is under the legal age for Finance Trading.

c) That it will not actively target any jurisdiction where Finance Trading and the promotion thereof is illegal.

d) That it will not generate traffic to FxClix by illegal or fraudulent activity, particularly but not limited to by:

a. Sending spam.
b. Incorrect metatags.
c. Registering as a trader or make deposits directly or indirectly to any trader account through his tracking links for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Company. Violation of this provision shall be deemed to be fraud.

e) That it will not present the Website in such a way that it might evoke any risk of confusion with FxClix and/or the Company and/or its clients or convey the impression that the web site of the contracting party partly or fully originated with FxClix and/or the Company and/or its clients.

f) Without prejudice to the Marketing Material as may be forwarded by the Company and/or made available online through the website http://affiliates.FxClix.com The Affiliate may not use FxClix or other terms, trademarks and other intellectual property rights that are vested in the Company and/or its clients unless the Company consents to such use in a duly signed writing notice and in advance.

ARTICLE VI

Payment

6.1 FxClix agrees to pay the Affiliate a commission calculated on the generated traffic from new customers referred by the Affiliate Website. following month (and so forth) and shall be payable when it exceeds the Minimum Threshold.

6.3 Payment of commissions shall be made as per the payment method chosen by the Affiliate in the application process. If an error is made in calculating the commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.

6.4 Acceptance of payment by the Affiliate shall be deemed to be full and final settlement of the Balance due for the period indicated.

6.5 If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty (30) days send an email to the Company on payment@FxClix.com and indicate the reasons of such dispute.
Failure to send an email within the prescribed time limit shall be deemed to be considered as final and irrevocable acknowledgment of the Balance due for the period indicated.

6.6 FxClix may delay payment of any Balance to the Affiliate for up to 180 days (one hundred and eighty days), while it investigates and verifies that the relevant transactions comply with the provisions of these terms and conditions.

6.7 No payment shall be due when the traffic generated is illegal or contravenes any provision of these terms and conditions.

6.8 The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the company or its clients to the fullest extent of the law.

6.9 The Company reserves the right to set limits for a minimum level of activity on affiliate accounts. Such minimum activity levels will be continuously reviewed and the Company reserves the right to terminate any agreement not reaching the limit. Such limit shall not be unreasonably high and basically reflect the intention of avoiding accounts where the revenue does not cover our internal costs for maintaining the account and the payout procedure.

ARTICLE VII

Termination

7.1 This Agreement may be terminated by either party by giving written notification to the other party. Written notification may be given by an email address indicated as the legal address of each party.

7.2 The Contracting Parties hereby agree that on termination of this Agreement

a. The Affiliate must remove all references to FxClix from the Affiliate's websites and communications, irrespective of whether the communications are commercial or otherwise.

b. All rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company.

c. The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however provided, FxClix may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.

d. If this Agreement is terminated by the Company on the basis of an Affiliate's breach, the Company shall be entitled to withhold the Affiliate’s earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach.

e. The Affiliate must return to the Company any and all confidential information (and all copies and derivations thereof) in the Affiliate's possession, custody and control.

f. The Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.

ARTICLE VIII

Warranties

8.1 The Affiliate expressly acknowledges and agrees that the use of the Internet is at its own risk and that this Referral Program is provided "as is" and "as available" without any warranties and/ or conditions whatsoever, whether express or implied. No guarantee is made that it will make access to its website possible at any particular time or any particular location.

8.2 The Company shall, in no event, be liable to the Affiliate or anyone else for any inaccuracy, error or omission loss, injury or damage caused in whole or in part by failures, delays or interruptions of FxClix website or the Affiliate Program.

ARTICLE IX

Indemnification

9.1 The Affiliate agrees to defend, indemnify and hold the company and its clients, including their affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from:

a) Any breach of Affiliate's representations, warranties or covenants under this Agreement.

b) Affiliate's use (or misuse) of the marketing materials.

c) All conduct and activities occurring under Affiliate's user ID and password.

d) Any defamatory, libelous or illegal material contained within Affiliate Site or Affiliate's information and data.

e) Any claim or contention that Affiliate Site or Affiliate's information and data infringes any third party's patent, copyright, trademark, or other intellectual property rights or violates any third party's rights of privacy or publicity.

f) Third party access or use of Affiliate Site or Affiliate's information and data.

g) Any claim related to Affiliate Site.

h) Any violation of this Agreement.

9.2 FxClix reserves the right to participate, at its own expense, in the defense of any matter.

ARTICLE X

Governing Law & Jurisdictions.

10.1 This Agreement shall be governed only by the laws of Cyprus, so any action relating to this Agreement must be brought only to the competent courts in Limassol.

ARTICLE XI

Assignment.

11.1 The Affiliate may not assign this Agreement, by operation of law or otherwise, without obtaining the prior and duly signed written consent of The Company.

ARTICLE XII

Non-Waiver.

12.1 The Company's failure to enforce the Affiliate's adherence to all terms outlined in this Agreement shall not constitute a waiver of the right of The Company to enforce said terms at any time.

ARTICLE XIII

Force Majeure.

13.1 Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented.

ARTICLE XIV

Relationship of the Parties.

14.1 Nothing contained in this Agreement, nor any action taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party's clients, employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.

ARTICLE XV

Severability / Waiver.

15.1 Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

ARTICLE XVI

Confidentiality.

16.1 All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information are trade secrets of the company and shall be treated confidentially. Such information must not be used for own commercial or other purposes, neither directly nor indirectly by the Affiliate. This provision shall survive the termination of this agreement.
16.2 by signing the EULA they also agree to receive marketing promotions from FxClix

ARTICLE XVII

Changes to this Agreement

17.1 The Company reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the terms and conditions set out in this Agreement. Any such changes will be posted on FxClix and via email to Affiliates.
In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.