1. Introduction

The Program allows contracted participants ("Affiliates") to earn commissions by inviting new users to subscribe to Tradesyncer's paid services, as outlined in this Agreement, including the Program Terms (collectively, "Program Activities"). Under this Agreement, you are granted the right to participate in the Program and engage in Program Activities.

Affiliates earn a 15% lifetime commission on each subscription made by the new users they refer. For specific partners, customized commission rates may be applied. These referred users remain linked to the Affiliate for the lifetime of this Agreement, allowing the Affiliate to continue earning commissions as long as this Agreement (Tradesyncer Affiliate Program Terms & Conditions) is still applicable and in effect.

Affiliates are authorized to create referral links for promoting the Tradesyncer services but must contact Tradesyncer directly for generating or distributing any discount codes. By starting to be an Affiliate you accept these terms.

2. Definition and Interpretation

2.1 Definitions

Agreement: These Tradesyncer Affiliate Program Terms and Conditions, including the Program Terms.

Affiliate Image: As defined in Clause 8.2.

The Program: Refers to the affiliate program or policy (collectively, "Program Activities") offered by Tradesyncer.

Tradesyncer: Refers to the platform available at www.tradesyncer.com, the domain tradesyncer.com and its subdomains, the Tradesyncer product, and all related services and entities, including Tradesyncer B.V., a company registered in The Netherlands.

Applicable Law: All legally binding laws, statutes, regulations, subordinate legislation, orders, and decrees of any Governmental Body and any judgments, decisions and injunctions of any court or tribunal, in each case having jurisdiction over the matter in question.

Business Day: A day, other than a Saturday or public holiday in the jurisdiction in which the Affiliate is domiciled or incorporated and the jurisdiction in which Tradesyncer is incorporated when banks in these jurisdictions are open for business.

Commissions: The fees payable to the Affiliate as described in the Program Terms.

Lifetime: The period during which we commit to paying commissions for the duration of the referred user's active subscription, provided the affiliate remains in good standing and the Tradesyncer Affiliate Program Terms & Conditions, are still applicable and in effect.

Confidential Information: As defined in Clause 10.1.

Anti-Bribery Laws: As defined in Clause 13.17.1.

Control: Means, in respect of a person, the holding, or controlling, in each case, directly or indirectly, of shares or any similar rights of ownership in that person bearing the majority of voting rights attaching to all the shares or other rights of ownership in that person or having the power to direct or cause the direction and management of the policies of that person whether as a result of the ownership of shares, control of the board of directors, contract or any power conferred by the articles of association or other constitutional documents of such person, and "Controlling" and "Controlled" shall be construed accordingly.

Effective Date: The date upon which this Agreement is executed (i.e. the date on which the Affiliate accepts the Agreement). The user accepts the agreement when starting affiliate activities.

Governmental Body: Any national, federal, regional, provincial, state, county, city, local or foreign government, or any court, tribunal or arbitrator or any regulatory or supervisory authority, agency, ministry, commission, branch, department, division, body, official or instrumentality thereof, in each case being of competent jurisdiction and "Governmental Bodies" shall be construed accordingly.

Term: As defined in Clause 4.

VAT: Value-added tax or other similar tax (including goods and services tax and sales tax).

2.2 In this Agreement

2.2.1 Unless the context clearly indicates otherwise, words used in the singular form also apply to the plural, and vice versa.

2.2.2 The fact that one Party prepared this Agreement or any part of it will not be used against them in interpreting any terms.

2.2.3 The headings of clauses are included for easy reference only and do not affect the meaning or interpretation of any terms in this Agreement.

2.2.4 Any mention of a "person" includes individuals, firms, partnerships, companies, corporations, associations, organizations, governments, government agencies, foundations, and trusts, regardless of whether they have separate legal identities or where they were established.

2.2.5 References to a statute or statutory provision include all related orders, regulations, and other legal instruments issued under that statute.

2.2.6 References to any legislation include any amendments to it, as well as any new legislation that replaces or consolidates it, with or without changes.

2.2.7 Any phrases like "including," "in particular," "for example," "such as," or similar terms are meant to provide examples, not to limit the meaning of the words that come before them.

3. Performance

You have full discretion in carrying out the Program Activities, including the freedom to choose the methods you deem most effective, as well as determining the timing (days and hours) and location. You are also responsible for deciding the frequency and manner of these activities, provided they comply with the Program Agreement and are conducted in a lawful manner.

Tradesyncer will not control or interfere with how you conduct the Program Activities unless explicitly stated and against what is stated in this Agreement, or if the activities are deemed illegal, fraudulent, or are otherwise addressed in a private partner agreement.

Additionally, the Affiliate are fully responsible for any costs and expenses associated with the Program Activities, including payments, taxes, and any other business-related expenditures that may arise.

4. Commencement and Duration

The Agreement will take effect on the Effective Date. Unless expressly stated otherwise in an Addendum, the Term of this Agreement will continue until terminated by the Affiliate or us as set forth in this Agreement.

5. Commissions and Payment

5.1 Unless specifically stated otherwise in an Addendum, Tradesyncer will pay the Affiliate any Commissions (if applicable) as outlined in the Program Terms. Affiliates will earn 15% lifetime commissions on subscriptions from referred users as long as their subscription remains active, unless otherwise agreed for specific partner arrangements. These payments are exclusive of VAT, where applicable.

5.2 If needed for tax purposes or if requested by Tradesyncer, the Affiliate must submit invoices for the Commissions, including VAT if applicable, to Tradesyncer.

5.3 Any VAT imposed by a government or tax authority is the responsibility of the Affiliate. If Tradesyncer is legally required to withhold taxes from its payments and remit them to the appropriate tax authorities, Tradesyncer will pay the Affiliate the net amount after withholding these taxes and, upon request, provide a copy of the official tax receipt.

5.4 If the Affiliate violates any of its obligations or rules under specifically Clauses 6, 7 or any other clause of the Affiliate terms or the Code of Conduct (Schedule 1), Tradesyncer reserves the right to withhold any Commissions due to the Affiliate and may recover any payments previously made to the Affiliate under this Agreement prior to the breach.

5.5 If a payment from a referred user is reversed, canceled, or blocked by the payment provider, the corresponding commission for the Affiliate will be revoked. Affiliates must also ensure their payment details are up-to-date to guarantee timely commission payouts.

6. Affiliate Obligations

6.1 The Affiliate Agrees To

6.1.1 Provide and maintain accurate, complete, and up-to-date information when registering for the Program and in your Program account (dashboard) after registration. Tradesyncer reserves the right to decline your registration. You are responsible for all activities that occur under your Program account. Unless explicitly permitted by Tradesyncer, you may only have one Program account and cannot register for additional accounts.

6.1.2 Act in full compliance with Tradesyncer's Code of Conduct (outlined in Schedule 1) and all applicable laws, including regulations related to advertising, social media, and competition issued by relevant government bodies. You must also follow the terms, conditions, and policies of online platforms, including community guidelines. If you are a business, you must ensure that your employees, personnel, associates, and agents comply with this Agreement, including the Program Terms, and you will be responsible for their actions related to this Agreement.

6.1.3 Notify Tradesyncer immediately if you face any criminal prosecution or other legal complaints after the Effective Date. You must also inform Tradesyncer of any potential or actual press speculation, inquiries, or publications concerning your personal or business affairs.

6.1.4 Promptly inform Tradesyncer of any significant developments or changes in your circumstances or activities that could reasonably be expected to negatively impact Tradesyncer.

7. Affiliate's Warranties and Indemnity

The Affiliate warrants, represents, and undertakes to Tradesyncer the following:

7.1.1 The Affiliate has the legal capacity and is contractually free to enter into and perform this Agreement. The Affiliate has not entered, and will not enter, into any professional, legal, or other commitment that could conflict with or prevent the performance of this Agreement.

7.1.2 If the Affiliate is an individual, they are 18 years of age or older and agree to provide Tradesyncer with identification to confirm their age if requested.

7.1.3 The Affiliate has not posted, published, or expressed, in any medium, any materials that Tradesyncer, at its sole discretion, considers discriminatory, racist, homophobic, sexist, or extremist, whether political or religious in nature.

7.1.4 The Affiliate has not used paid followers, bots, or any other forms of technology to artificially inflate their follower count or to make their posts appear more popular than they are.

7.1.5 The Affiliate's content (except where it includes material provided by Tradesyncer) does not infringe the copyright or any other rights of any third party.

7.1.6 The Affiliate's content does not contain any defamatory material, does not breach any contract or law, does not violate any duty of confidentiality, does not infringe on any copyright or data protection rights, and does not constitute contempt of court or obscenity.

7.1.7 The Affiliate has fully disclosed in writing to Tradesyncer all material facts relevant to their engagement as a Tradesyncer Affiliate, including the nature and duration of any past and existing endorsement agreements with third parties, as well as any endorsement agreements likely to be concluded during the Term.

8. Intellectual Property Rights

8.2 You grant Tradesyncer a perpetual, irrevocable, sublicensable, royalty-free license, both during and after the Term of this Agreement, to reproduce, distribute, display, perform, modify, and otherwise use any text, images, videos, or other content (including promotional content) that you create or publish in connection with the Program Activities (collectively referred to as the "Affiliate Image"). Tradesyncer may use this content for any marketing, promotional, or internal business purposes without any requirement to attribute or provide additional compensation to you.

8.3 All trademarks, service marks, logos, and any other identifying symbols of Tradesyncer's goods or services ("Tradesyncer Trademarks") are the sole property of Tradesyncer. Your limited right to use Tradesyncer Trademarks in connection with the Program Activities does not confer upon you any rights, titles, or ownership interests in the Tradesyncer Trademarks.

8.4 You agree and acknowledge that the Affiliate Image you produce will be of the highest quality. If the quality of the Program Activities you conduct falls below a standard that Tradesyncer considers acceptable, Tradesyncer reserves the right to withdraw your permission to use the Tradesyncer Trademarks if the quality is not improved within a reasonable time frame.

8.5 All rights, including but not limited to copyrights, trademarks, and other intellectual property rights in materials, content, and marketing assets provided or used by Tradesyncer to the Affiliate as part of the Affiliate Program, remain the exclusive property of Tradesyncer.

8.6 The Affiliate is permitted to use these materials, content, and marketing assets provided, published or used by Tradesyncer solely as authorized by this Agreement and exclusively in connection with the Affiliate Program.

8.7 Upon termination of this Agreement, the Affiliate must immediately cease all use of Tradesyncer's materials, content, and intellectual property.

9. Publicity and Announcements

9.1 The Affiliate agrees to forward all media inquiries and any other third-party questions they receive concerning Tradesyncer or this Agreement to the designated Tradesyncer representative.

9.2 Both Parties agree to cooperate in good faith on any announcements related to this Agreement and/or the Program Activities.

10. Confidentiality

10.1 The Parties recognize the importance of maintaining the confidentiality of this Agreement, its subject matter, and any related agreements, documents, or transactions.

10.2 Each Party agrees to keep all Confidential Information strictly confidential and will not, without the prior written consent of the disclosing Party, use or disclose such information to any third party.

10.3 Each Party agrees to maintain the confidentiality of all information received in connection with this Agreement. This includes, but is not limited to, customer data, business strategies, pricing details, operational documents, and other proprietary or commercially sensitive information of the other Party.

10.4 The Affiliate agrees not to disclose, copy, or use any Confidential Information of Tradesyncer for purposes outside the execution of this Agreement without prior written consent from Tradesyncer.

11. Limitation of Liability and Indemnity

11.1 Liability in this clause refers to any form of liability arising under or in connection with this Agreement, including but not limited to contract, tort (including negligence), misrepresentation, restitution, or any other basis.

11.2 Nothing in this Agreement limits any liability that cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

11.3 Subject to Clause 11.2, Tradesyncer's total liability to the Affiliate under this Agreement is limited to the total fees that Tradesyncer is obligated to pay the Affiliate as specified in this Agreement.

11.4 Tradesyncer shall not be held responsible or liable in any way for the actions, omissions, or statements of the Affiliate.

11.5 The Affiliate shall indemnify and hold Tradesyncer harmless from all claims, costs, losses, or other consequences arising from the Affiliate's actions.

12. Termination

12.1 Tradesyncer reserves the right to terminate this Agreement immediately, either without cause or in the event of any breach by the Affiliate of this Agreement or the Program Terms.

12.2 The Affiliate may terminate this Agreement at any time by providing Tradesyncer with fifteen (15) days' written notice.

12.3 Any outstanding payment obligations and provisions in Clauses 10, 11, 12, and 13 will remain in effect even after termination.

13. Miscellaneous Provisions

13.1 Implementation and Execution of the Agreement

Each Party shall sign the documents and perform the actions reasonably required to fully implement and enforce this Agreement.

13.2 Entire Agreement

This Agreement constitutes the entire agreement between the Parties and supersedes all prior written or oral agreements.

13.3 Independent Legal Advice

Each Party confirms that it has received independent legal advice on all matters contained within this Agreement.

13.4 Deadlines and Time Extensions

Any time, date, or term set forth in this Agreement may be extended by written agreement between the Parties.

13.5 Liability and Default

13.5.1 Any liability owed by one Party to the other may be fully or partially waived, settled, or compensated at the discretion of the owing Party.

13.5.2 Failure or delay in exercising any right shall not constitute a waiver of that right.

13.6 Assignment and Transfer of Rights

The Affiliate shall not assign, transfer, encumber, subcontract, or otherwise deal with any of its rights or obligations under this Agreement without Tradesyncer's consent.

13.7 Cumulative Remedies

All remedies are cumulative and in addition to other remedies available.

13.8 Third-Party Rights

A person who is not a party to this Agreement shall have no right to enforce any of its provisions.

13.9 Amendments to the Agreement

Tradesyncer reserves the right to amend, revise, or update the terms and conditions of this Agreement at any time and at its sole discretion.

13.10 Costs and Expenses

Each Party shall be responsible for the payment of its own taxes, legal fees, professional fees, and other expenses.

13.11 Notice Requirements

Any notice required under this Agreement must be in writing and in English, sent to the Affiliate's email address associated with their Tradesyncer account.

Schedule 1: Code of Conduct

1. Obligations of the Affiliate

1.1 Performance: The Affiliate shall perform the Program Activities diligently, competently, and to the best of their abilities.

1.2 Conduct and Reputation: The Affiliate shall not make any false, misleading, negative, critical, or disparaging statements.

1.3 Representations: The Affiliate shall not make any representations or commitments on behalf of Tradesyncer.

1.4 Use of Content: The Affiliate is granted a limited, non-exclusive, and revocable right to use materials provided by Tradesyncer.

1.5 Prohibited Content: The Affiliate shall not create or publish any content that is unlawful, harmful, threatening, abusive, or defamatory.

Schedule 2: Program Terms

1.1 Standard Earnings

Affiliates earn a commission of 15% on any fee or payment made by each referred user to Tradesyncer. Commissions are paid when the affiliate initiates a withdrawal.

1.2 Custom Plans

Different commission percentages may be agreed upon through a written mutual agreement.

1.3 Affiliate Tools and Tracking

Affiliates have access to a comprehensive dashboard within their Tradesyncer account for tracking earnings and referral activity.

Contact Us

If you have any questions, please contact us at [email protected] or visit our website's contact form at https://tradesyncer.com/contact.