IB Agreement

Detailed below are the Terms and Conditions for participating as an IB in Fxeinstein’s IB program.

The Fxeinstein hereby know as “Company”

The Introducing Broker hereby known as “IB”

The IB agrees to all the Terms and Conditions set forth in this Agreement.

1- General Terms and Conditions

1.1 The IB will use its best efforts and shall devote reasonable amounts of its time, personnel and resources to promote and market the Company's Services, on the Internet and offline, for the purpose of referring potential Clients to the Company. It is hereby clarified that the Company will have full and absolute discretion in regard to the acceptance of any client of the Company and/or its contractual arrangements with the Company. The Company shall have the right to refuse to accept any client and/or deny service to any client and/or change or terminate its relations with any client, all at the Company's sole discretion

1.2 The IB undertakes to observe all applicable laws, statutes, regulations, directions and codes. It is agreed that the Company may not have the necessary legal tools to estimate the legitimacy of the operation on the IB, in each jurisdiction the IB may operate; therefore the IB shall be solely responsible for the compliance of his operation with any applicable law.

1.3 The IB shall inform the Company immediately of any claim or complaint that may reasonably lead to a claim, demand or liability against the company, its officers or any of the Company related entities known to the IB.

1.4 The IB shall not give any presentation or warranty in the name of the Company and not obligate the Company in any way, without the prior approval of the Company.

1.5 All Creative and/or marketing and/or promotional materials used by the IB, in relation to the Company, must be approved by the Company, by a written prior consent.

1.6 E-mail marketing or promotion with respect to the Company, shall be executed by the IB with accordance to the applicable law and the commercial customary way, including any restriction regarding the use of "spamming", and the use of "unsubscribe" options.

1.7 The IB shall act in loyal and faithful manner toward the Company and avoid any conflict of interest towards the Company.

1.8 The IB may display the Company's logo, trademarks and any other creative provided by the Company (all shall be referred to as the "Creative"), on the IB Websites, solely for the purpose of marketing and promoting the Company and the Company services during the term of these Terms and Conditions, or until such otherwise instructed by the Company. It is clarified that the IB shall have no right in any of the Creative provided by the Company.

1.9 The IB shall not use Company’s data collected via marketing/sales/advertising campaigns for any other IB program or any of the Company’s competitor.

2.0 In case if an IB fails to introduce a new paid referred client to the company for consecutive three months, the account of the IB will be suspended and no future payments will be paid for the prior referred clients.

2.1 The IB shall bear all costs and expenses of any nature whatsoever incurred in connection with this Agreement. Under no circumstances shall The Company be liable hereunder for any amounts other than the Commission.

2- Confidentiality

Each Party agrees to use the other Party's Confidential Information solely as necessary for performing its obligations hereunder. Each Party agrees that it shall take all reasonable steps, proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than by or to its employees, agents and subcontractors on a need to know; as required by any law, regulation, or order of any court of proper jurisdiction over the Parties.

3- Force Majeure

If the performance of any part of these Terms and Conditions by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action (including, but not limited to, any law, regulation or embargo prohibiting the performance contemplated hereunder and/or the failure or refusal of a government agency to issue a license required for any performance pursuant to these Terms and Conditions), labor disputes, act of God or any cause beyond the reasonable control of that Party, the Party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause. Notwithstanding anything herein to the contrary, the Party prevented from performing hereunder by a force majeure event shall nevertheless use its best efforts to recommence its performance hereunder as soon as reasonably practicable and to mitigate any damages resulting from its non-performance hereunder.

4- Copyrights

All software, documentation, equipment, devices, templates, tools, documents, processes, methodologies, knowhow, Creative, websites, and any additional intellectual or other property used by or on behalf of the Company or otherwise related to the Company, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and appurtenant thereto (collectively, "Company Property") shall be and remain the sole and exclusive property of the Company.

5- Termination

5.1 - The Company reserves the right to terminate this IB agreement for breaching any clause(s) with or without any prior notice.

5.2 - The Company Also reserves the right to change these Terms and Conditions at any time, with or without cause and without a prior notice.

5.3 - Upon termination/expiration or termination of this agreement the IB shall immediately cease displaying the Creative on any Website or otherwise.

5.4 - Upon termination/expiration the IB shall immediately return to the Company all property of Company in its possession or control (including all Creative and all Confidential Information).

5.6 - The IB shall immediately cease displaying the Creative on any Website or otherwise.

6 - General

6.1 - These Terms and Conditions, including all Exhibits hereto, sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the Parties with respect to the subject matter hereof as set forth herein. No amendment or modification of any provision of these Terms and Conditions shall be valid unless set forth in a written instrument signed by both Parties.

6.2 The IB shall have no right to assign or otherwise transfer these Terms and Conditions, or any of its rights or obligations hereunder, to any third party without The Company's prior written consent, to be given or withheld in the Company's sole discretion.

All payments are subject to risk analysis considerations and AntiMoney Laundering procedures. The Company reserves the right to demand and receive information about any Lead and to assess the competency of such Lead for payments. The Company reserves the right to modify the Fee structure and/or the payment terms at any time upon reasonable advance notice to IB.

7- LIMITATION OF LIABILITY

The company shall have no liability with respect to the services provided by the company or its obligations under these terms and conditions or otherwise for any indirect, consequential, exemplary, special, incidental or punitive damages even if the company has been advised of the possibility of such damages. In any event, the company liability to the IB under for any reason will be limited to the amounts paid to IB.

8. COMMISSION

4.1 The commission is paid to the IB for a Paying Referred Client. For the purposes of this Agreement a “Referred Client” means a Prospect who (during this Agreement) as a result of a referral by the IB to the Company subscribes to the Company’s paid services but excluding any person who has at that time or has previously had a free or paid subscription with the company.

4.2 The commission percentage agreed between the Company and the IB can vary from client to client and the company has the right to adjust/change commission at any given time with or without a prior notice to the IB.

4.3 In addition to any other terms and conditions set forth anywhere in this Agreement or under any applicable laws, the IB shall not be entitled to receive any Commission for any referred client unless and until such referred client has been approved and qualified by the Company as a Referred Client.

4.4 The IB commission will be released on the 10th of every month for the new as well as the old clients.

4.5 For the avoidance of doubt, Company reserves the right, in its sole and absolute discretion, to change, modify, add or remove, at any time, any criteria applying to any of the compensation plan, including without limitation, setting any baseline, threshold, minimum deposits/earnings Commission set out.