AFFILIATE PROGRAM AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: Last Revised: 03/03/2020
You acknowledge and accept that by subscribing to the Celestial Trading Tools Expert Adviser (EA), you have agreed to, read and understood these Terms and Conditions, and that you agree to be bound by such Terms & Conditions (hereinafter “Agreement”). You understand and agree to accept this Agreement is, legally, the same as manually signing this Agreement.
This Affiliate Program Agreement (this “Agreement”, “Affiliate Agreement”, “Terms and Conditions”, “Affiliate Terms and Conditions”, “Affiliate Agreement”) is entered into by and between Celestial Trading Tools which is a trading style of Pomelo Limited, a Vanuatu private limited company, registered with the Vanuatu Financial Services Commission (“Celestial Trading Tools”) hereafter referred to as Celestial Trading Tools and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of the Affiliate Program (the “Affiliate Program” or the “Services”). Your electronic acceptance of this Agreement signifies that you have read, understood, acknowledged and agreed to be bound by this Agreement, along with Celestial Trading Tools’s Universal Terms Of Service Agreement, which is incorporated herein by reference. The terms “we”, “us” or “our” shall refer to Celestial Trading Tools. The terms “you”, “your”, “User”, “customer” or “Affiliate” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Celestial Trading Tools, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Celestial Trading Tools website (this “Site”). You acknowledge and agree that (i) Celestial Trading Tools may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, Celestial Trading Tools may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. Celestial Trading Tools assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address
PARTICIPATION IN THE AFFILIATE PROGRAM
In order to enrol in the Affiliate Program, you need to submit your application through the affiliate signup form on the (“Celestial Trading Tools”) website (the Website). All affiliate signups are reviewed by us before deciding if an application is accepted. If we determine that your application is not suitable for the Affiliate Program, it may be rejected for any reason. You will have to maintain a minimum balance of £1,100/$1,000/€1,000 in your trading account at all times and be connected to the Celestial Trading Tools Expert Adviser.
As a (“Celestial Trading Tools”) Affiliate you agree that:
- It is your full responsibility to provide us with accurate account information and it is your responsibility to keep that information up to date. Such information includes, but is not limited to: contact details, payment details, tax information, all website URL(s) where (“Celestial Trading Tools”) is promoted, promotional means and practices and any other details we may request. (“Celestial Trading Tools”) reserves the right to request any additional information about each website, where (“Celestial Trading Tools”) is promoted and any additional information about the practices used to promote (“Celestial Trading Tools”) on those websites. If by any means you fail to provide the requested data or the data is not accurate it may result in exclusion from the Affiliate Program, temporary suspension or termination of your Affiliate account and loss of any commissions.
- The Affiliate must act in good faith and refer clients in good standing. Clients in good standing are your referred web hosting account owners that have provided valid contact information, have active accounts that do not exceed any limitations as per the (“Celestial Trading Tools”) Terms of Service and are not flagged for high fraud risk. Active account refers to your referred new users who have created an account and have not cancelled it in more than 35 (thirty five) days.
- You should not make any recommendations or take any actions that would result in a potential revenue loss for (“Celestial Trading Tools”).
- You should not use any marketing practices that may attract clients that are not in good standing.
- You should not act in your own will as per modifying, copying or altering any banners, icons, graphics or any other content that is contained in (“Celestial Trading Tools”)’s Links including but not limited to altering and modifying any copyright or trademark notices, without prior written approval from (“Celestial Trading Tools”).
- You shall not use self-referral methods, you can’t click on your affiliate links and/or banners and make orders via your unique affiliate link. Matching IP addresses that were used to log in to the Affiliate panel and to make the purchase, are going to be considered as self-referral and no exceptions will be made. Violations can result in the loss of all accrued Rewards and dismissal from the program.
The Affiliate should not engage in any Blackhat seo/spam link building techniques in order to generate more referrals for (“Celestial Trading Tools”).
- You agree not to violate any applicable law.
- You should be loyal to (“Celestial Trading Tools”) and should not misuse its confidence and shall not damage (“Celestial Trading Tools”) reputation.
- Not to advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;
If (“Celestial Trading Tools”) suspects or detects a patterns of violations of the Affiliate Terms and Conditions, (“Celestial Trading Tools”) reserves the right, as a result of Terms and Services violation, to suspend and/or terminate your Affiliate account and cancel all commission payments due.
Only promotional materials that are approved by (“Celestial Trading Tools”) may be used in the Affiliate’s Site in order to advertise (“Celestial Trading Tools”). Approved promotional materials refer to the materials that are provided in your Affiliate Area. Approved promotional materials may contain (“Celestial Trading Tools”) trademarks, service marks, logos and slogans for you to display on your Affiliate Website. By signing this agreement we grant you a non-exclusive, limited and non transferable license to access, download and place the approved promotional material on your website with the sole purpose to promote websites operated, controlled and owned by (“Celestial Trading Tools”).
If by the decision of any party the Affiliate Agreement is terminated, upon termination your nonexclusive, limited and non-transferable license to access, download and place the approved promotional materials of (“Celestial Trading Tools”) will be immediately and automatically withdrawn.
Inappropriate ways of advertising include, but are not limited to:
- The Usage of any illegal and/or spam method of advertising, such as: unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.;
- Bidding on keywords and phrases containing the “(“Celestial Trading Tools”)” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the (“Celestial Trading Tools”) Website(s) as display URL in PPC ads and to direct-link or redirect to the (“Celestial Trading Tools”) Website(s);
- Using non-unique copyright infringing content to promote (“Celestial Trading Tools”);
- Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
- Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
- Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
- Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
- Using iframes or any other techniques or technology that places your affiliate tracking cookie in any means other than an actual click-through;
- Using link cloaking or masking techniques or technology with the goal to promote (“Celestial Trading Tools”) on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source;
- Your website(s) must NOT contain lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The declaration of any materials as such is subject to our reasonable opinion;
- Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “(“Celestial Trading Tools”)” trademark or any other variations or misspellings confusingly similar to (“Celestial Trading Tools”) trademark, name, logo or domain name, without our prior approval;
- Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names unless you have been duly authorized by the trademark owner.
(“Celestial Trading Tools”) shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in a warning, suspension or termination of your affiliate account and cancellation of all outstanding commission payments due
If the sale is for (“Celestial Trading Tools”) Shared hosting (Standard/Premium/VIP), you will receive your agreed commission up to a maximum of 20%. Any applicable taxes, fees, additional services (such as personal information protection) and domain prices are excluded. (Example: a client subscribed to (“Celestial Trading Tools”) Premium pack for a month and paid £500 (taxes included). Here’s how your commission will be counted: (£500 @ 25% = £125). In total, you will receive £125 commission. See partner program guide for more information.
We will provide you with commissions statement due on the 25th day of each calendar month, and look to pay you by the first week of the proceeding month. In example, 25th June commission statements will be issued for the month of May, and payment will be made by the first week of July.
If it is applicable in your country of residence, self-billing invoices will be issued for all commission payouts with applicable taxes included. Until the termination of your account, the Affiliate Program Terms and Conditions will be considered a valid self-billing agreement between (“Celestial Trading Tools”) and you. By signing up for this Affiliate Agreement you agree and accept self billing invoices that will be raised by (“Celestial Trading Tools”), you agree to raise no sales invoices for any commission payouts that you receive from (“Celestial Trading Tools”) and agree on notifying us immediately if you change your company details, name or tax region status.
RELATIONSHIP OF THE PARTIES
Both the Affiliate and (“Celestial Trading Tools”) agree that they are entering into this Affiliate Agreement as independent contractors and this agreement creates no partnership, agency franchise, joint venture, sales representative or employment relationship between them. You have no authority to accept or make any representations or offers on the behalf of (“Celestial Trading Tools”). You cannot make any statements on your website or otherwise that would contradict anything in this section.
At any time you can cancel and terminate your affiliate account by contacting us through the Affiliate Area. (“Celestial Trading Tools”) will send you a confirmation that your account has been terminated, as requested.
(“Celestial Trading Tools”) can terminate an affiliate account:
- With a seven-day prior notice without providing any explanation
- Immediately without any prior notice, if your affiliate account or you violate the Affiliate Program Terms and Conditions.
After an affiliate account is terminated, the sales associated with the affiliate will no longer be tracked by us and you will no longer qualify for any future commissions. If any commissions are due at the time of termination, they will be paid to the Affiliate after any applicable holding period with the regular pay-out cycle. No outstanding commission payments will be due if your account is terminated due to the violation of these Terms and Conditions and an administrative fee of £125 (or the equivalent in the currency that is listed in your Affiliate Area) will be due by the Affiliate.
Once the Affiliate account is terminated, the Affiliate is obliged to remove any and all promotional materials, links, logos, trademarks, and slogans of (“Celestial Trading Tools”) from his website within the period of 3 business days. This provision survives the termination of the Affiliate Agreement. Upon the termination of this Affiliate Agreement, the Affiliate no longer has the right to use any of (“Celestial Trading Tools”) trademark(s), logo(s), and slogan(s) and will refrain from any actions that may affect the reputation, the image and any business relations with current and potential clients of (“Celestial Trading Tools”), directly or indirectly.
Any controversy, claim or dispute arising under this Affiliate Agreement will be resolved according to the jurisdiction and legislation where the (“Celestial Trading Tools”) entity servicing your Affiliate account is located.
CHANGES TO THE AFFILIATE PROGRAM TERMS
We remain the right to change any policies or terms of this Affiliate Agreement. The amendments and/or supplements of the Agreement are effective immediately upon being posted to (“Celestial Trading Tools”) website. The current Terms and Conditions of the Affiliate Agreement are always available publicly on (“Celestial Trading Tools”)’s website. If by any means you do not agree with the amendments and/or supplements of the Affiliate agreement, you can cancel your account within 10 business days, counting from the date of the amendments and/or supplements. Only an official (“Celestial Trading Tools”) officer has the right to make any amendments and/or supplements to this Affiliate Agreement. No agent of, or person employed by or under contract with, (“Celestial Trading Tools”) has any authority to alter or vary this Affiliate Terms and Conditions Agreement in any way. No oral explanation or oral information given by any party shall alter the interpretation of this Affiliate Agreement.