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
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
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.
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.
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.
5.1 - 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
5.6 - The IB shall immediately cease displaying the Creative on any Website or
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
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.