This Affiliate Agreement of Public Offer (here in after referred to as Agreement) is concluded between JYELTD, (hereinafter referred to as Company) and an individual or entity who has opened a Partner’s Account with the Company (hereinafter referred to as Partner) in the manner and on terms regulated by this Agreement, which is available at the Company’s official website (here in after referred to as Site). This Affiliate Agreement comes into force from the date of full and unconditional acceptance of this Agreement (i.e. confirmation from the person who received the offer of his/her consent to enter into this Agreement.) The Agreement is accepted by the Partner if he/she does the following: — completes the registration form to open an affiliate account in the Client’ profile, or the simplified registration form at the Company’s site; — is familiarized with the terms and accepts this Affiliate Agreement. Glossary Active Partner is a partner with at least one Active Referral registered 90days hagiolater. Active Referral is a client whose five attempts yielded the Partner a commissioning a calendar month. An attracted client's activity is estimated after one month following their registration. Affiliate Code (ID) is a unique code consisting of 9−10 digits that are added to the main affiliate link. The Partner receives his affiliate code immediately after registration in the affiliate program.
Affiliate Link is a unique link, which consists of two parts: the link to the Company’s website (the link can lead to any page of the Site) and the affiliate code (for example: https://www.jyeltdfinance.org/?uid=111111111). A Client who obtains access to the Site with the help of the link will be automatically assigned to a Partner who placed this link with his/her unique affiliate code. Affiliated parties — the Partner, his/her relatives or other individuals who are related to the Partner and share any personal information with the Partner (Passport details, address, telephone number, e-mail, Ip-address, answers to security questions, etc.). Auto referral — receiving a commission fee from the referral and investment accounts of the Partner or his/her affiliated parties. Broker Commission is the fee charged by the Company for the investment opened with certain types of instruments on certain types of accounts, depending on the volume of the referral earnings and investment gains. Cashback – a preset
percent of Partner's commission returned to Referral by Partner. Commission fee is a form of payment from the Company to the Partner as preconditions agreed between the Company and the Partner. The size of the fee will depend on the number of active referrals, currency pair and amount of investment operations conducted by the referral. Company — a legal entity, responsible for transactions and payment settlement with the Partner in accordance with this Agreement. Points a change of the last numbering the price value (the fifth digit after decimal point).Referral is a member of the Affiliate Program who opened referral and investment programmed account with the Company with the help of the affiliate link located at the information resource of the Partner or who referred to the Partner’s Code when registering. Referral’s Active account is a referral and investment account that has a history of transactions or balance operations in the last three (3) months. Referrals’ group is the whole of the Referrals’ accounts registered by use of the affiliate link of the same Partner. Spread is a difference between Ask and Bid quotes, indicated in points.
Sub-partner is a new member of the Affiliate Program, who opened his/her affiliate account with the help of the affiliate link of the existing Partner. Sub-referral is a member of the Affiliate Program who opened a trading account with the Company via affiliate link of Sub-Partner. Ticket is a unique identification number, assigned to each operation within the investment package platform. Transaction is a set of referral and investment operations with the help of which the funds are transferred from the base currency into quote currency and transferred back again.
The Affiliate code (ID) is indicated in the Client’s Profile if the Referral is registered via affiliate link for the first time. The Affiliate code (ID) is automatically assigned to all affiliate accounts, opened by the Referral. A Client, who does not belong to any Referral group, can join a Referral group, if he/she sends a request from his/her mail box, indicated in the Profile to thee-mail address partner@jyeltdfinance.com. The Referral’s accounts cannot be transferred from one Referral group to another. If the Referral is registered in the Client’s Profile prior to the Partner’s registration in the Affiliate Program, the Referral’s account cannot be transferred into the referral group of this Partner. Rights and responsibilities of the Partner The Partner is entitled to receive affiliate commission for each investment operation conducted on the Active accounts of the Referrals that belong tohis/her Referral group. The amount of the affiliate commission and terms of receipt is specified in this Agreement. The Partner’s commission is paid into the Partner’s Main trading account and may be used by the Partner at his/her own discretion either for withdrawal or for investment. The Partner has the right to create his/her own affiliate network by attracting new partners for cooperation. The Partner acts as an intermediary between the Company and his/her Referrals, offering and explaining the services provided by the Company, improving their quality. The Partner mustn’t direct or influence the Referral in terms of his/her referral/investment or money or give investment advice in any form, unless the Referral has given his/her written consent in the form acceptable to the Company. The Partner has the right to plan and conduct marketing and advertising campaigns independently, having previously agreed with the Company by sending an email to partner@jyeltdfinance.com; place on his/her web sitelinks to the company’s website (including referral links), as well as banners provided by the Company; engage in other activities stipulated by this Agreement. The Company does not compensate for any expenses related to such activities. All consequences and expenses are entirely assigned to the Partner. The Partner is strictly prohibited to use advertising materials, that are copyright protected by the Company, in violation of this Agreement. If such violations are discovered, the Company has the right to unilaterally terminate the Agreement and cancel unpaid commission. The Partner’s primary task is to attract new Clients, invest and earn money. The Partner shall provide, if requested by the Company, precise and accurate information on the activities carried out, the ways and methods used to attract Clients; give the Company access to the marketing campaigns settings (Google AdWords, advertising on Facebook, etc.) to examine and evaluate their compliance with the terms of this Agreement. In case of Partner’s refusal to provide the required information and/or access to the marketing campaign settings, the Company reserves the right to stop paying affiliate commission and cancel the commission previously paid. The Partner shall ensure that his/her activities fully comply with the legislation of the country where they are conducted. The Partner shall fully inform the Clients about the legal entity and the services it provides if the partner acts as a representative of a legal entity. The Partner has no right to use unfair methods or methods that are inconsistent with the established norms of legal ethics in order to attract Referrals, including: a) The placement of Affiliate links at the sites containing or referring to information contradicting the concept of morals and ethics; b) The use on the site of viruses, malicious programs or scripts, pop-up advertising icons, spam, including promotional mailing to the e-mail addresses, if the owner of e-mail address did not express consent to receive such newsletters; c) Other that can undermine the Company’s established positive image. The Partner may not register or use any names of companies, his/her own products or services, domain names or any other identification means that sound or look the same as the names of the Company, its site and products without prior written consent of the Company. In case the Partner has registered or used any names of companies, his/her own products or services, domain names or any other identification means that sound or look the same as the names of the Company, its site and products without prior written consent of the Company the Partner undertakes to transfer the right of ownership, disposal and use of the aforementioned names, domain names and any other identification means to the Company at the Company’s request. Upon the Company’s request, the Partner undertakes to provide the copies of documents (including notarized documents), confirming his/her registration details, and guarantees that all information provided to the Company is true, correct and complete. The Partner shall inform the Company about any changes in personal or contact details within three days. The Partner shall know the information related to the Company’s information resources and inform the Referrals of all relevant updates made to these resources; provide the Referrals with exhaustive information, as well as inform the Company about any problems concerning referral and investment operations which the Partner cannot solve independently. Provided that the Partner complies with all the terms of this Agreement, the Company gives the Partner a limited, nonexclusive, revocable right to search for markets, display, conduct, copy, transfer and promote the advertising and marketing campaigns of the Company. The Partner acknowledges and recognizes existing high risks of losses arising from investment activities carried out by his/her Referrals through the Company, accepts and agrees to fully comply with the Company’s requirements to inform the clients about the aforementioned risks when offering and explaining the Company’s services. Partner has a right to pre-set a percent of his own commission (Cashback)that will be automatically returned to his Referrals. Cashback is not returned if Partner's commission is earned through the CPS program. Partner is held solely responsible for assuring a necessary amount of Funds in his accounts on due date in order to settle accounts with his Referrals. The Partner agrees that Commission fee in the amount of less than 10 shilling cannot be calculated for technical reasons. If the Company identifies an abuse of the affiliate program where a Partner and their Referrals' group coordinate their actions to imitate trading activity in order to meet the minimum requirements under the affiliate program, the Company will consider such actions as fraudulent, and will have the right to refuse an affiliate commission payment without explanation. Rights and responsibilities of the Company The Company shall: a) pay a commission fee to the Partner in the amount and on terms set forth in this Agreement; b) accept Referrals’ payments into affiliate accounts and bear all risks and responsibility for settlements with the Referral based on the Client Agreement; c) open trading accounts with the Company for the Referrals who have been attracted by the Partner under general conditions and in accordance with the Client Agreement; d) provide conditions to the Referral enabling him/her to conduct investment operations in the system using identification data (username and password) provided to the Referral in accordance with the Client Agreement; e) provide technical support to the Partner and his/her Referrals through the means of communication and within working hours specified on the Company’s website. The Company reserves the right to: a) deny registration of the Partner; b) refuse to pay for the transactions that are the result of auto referral; c) cancel affiliate commission without warning if the Company detects that search systems of YANDEX, GOOGLE, etc. or similar have been used as a tool of attraction with the use of the key words «JyeltdFinance» or«Jyeltdinvestment» or different variations of spelling brand name, including similar words in other languages. The Company has the right to require that the Partner provide an address of the information resource that will host the affiliate link. In case of failure to provide the address of the information resource or in case of violation of the conditions specified in Section of this Agreement, the Company has the right to deny opening affiliate accounts, or terminate this Agreement. The Company has the right to exclude from the Referral group the accounts of those Referrals who carry out investment or non-investment transactions, whilst taking advantage of technical failures in the investment package platform or in the Client’s Profile, or those who conduct fraudulent activity, orthose who do not comply with the provisions of the Client Agreement. The Company has the right to cancel the Partner’s commissions from the Referral’s transactions that contradict the provisions of the Client Agreement and this Agreement. If the Company detects that the Partner violates sections 2.5−2.13 of this Agreement, the Company reserves the right to unilaterally terminate this Agreement and cancel unpaid commission.
Responsibility of Parties
The Partner is informed and agrees that the Company shall not be liable for the Partner’s acts or omissions in conducting transactions on his/her Main investment account. The Partner guarantees the Company protection against various liabilities, costs, damages, which may occur both directly and indirectly due to the failure of the Partner to fulfill his/her obligations under this Agreement and the Client Agreement. The Partner guarantees that the information he/she provides to the Referrals and to the Company is true and accurate. The Partner guarantees that they will not use the design and/or the contents of the Site and any of its components, fully or partially, other than the logo and the promo materials provided in the affiliate section of the Client’s Profile. The Partner agrees that he/she bears full responsibility for confidentiality and the use of any secret information necessary to access the services of the Company and ensures protection of secret information and passwords. The Partner has full responsibility in case of the loss or transfer of this data to third parties. The Partner agrees that the Company is not responsible for malfunction of the telephone network, Internet, or any other services provided by third parties, as well, as for events and circumstances beyond the control of the Company. The Partner agrees that in compliance with the program to prevent legalization of illegally obtained income, the Company has the right to request the details of Partner’s payment system that was opened in the name of the Partner and impose restrictions for withdrawal funds from Company’s account so that the funds can be only transferred by use of the payment details specified by the Partner. If the Partner refuses to provide the required details, the Company has the right to freeze all operations on the account until requested the information is provided. The Company shall under no circumstances be held liable for any actions of the Partner committed in violation of the provisions of this Agreement. If the Partner had the intention to perform some action, but did not commit it for some reason, the Company would not reimburse the Partner for lost profits, damages incurred as a result of losses, or moral damage. The Company at its own discretion may provide information and advice to the Partner, however, the Company will not be held liable for consequences, losses, or profit gained as a result of such advice or recommendations. Partner’s commission fees The Partner receives a commission fee upon completion of a transaction by the Referral if the difference between the opening and the closing price is not less than 30 (thirty) points and the duration is not less than 15seconds. The commissions are summed up and paid into the Partner’s Main investment account depending on how the partner sets his or her account. Commission fees are paid into the Partner’s Main investment account if a transaction carried out by the Referral does not contradict the Client Agreement. If a transaction is recognized as invalid, it will be cancelled, and commission fees will not be paid to the Partner. If a Referral opens a hedging position whose volume does not exceed (equals or is less than) the volume of the hedged position, a commission fee is paid only for the hedged position. If a Referral opens a hedging position whose volume exceeds the volume of the hedged position, commission fees are paid for the hedged position in full volume, while for the hedging position a commission fee is paid only for the volume which was not overlapped. The Partner receives commission fees upon completion of a transaction that was carried out with the help of the Referral’s own funds. The commission fees not paid for the transactions carried out by use of the Referral’s bonus funds (if available). If the Referral’s account has a bonus as credit funds and at the moment of opening a transaction, a margin exceeds the difference between available funds and credit funds. The amount of commission paid for the accounts of Referrals who have been attracted by the Partner depends on the Partner’s activity; the payment is made automatically by use of the special program on the Company’s server. For Referral and investment accounts, the initial commission will depend on the client’s package of the Commission for a specific investment instrument. The list of Markups and Broker Commissions for different investment instruments is available in Markups and Commissions List. The Company reserves the right to modify the Markups and Commissions List depending on the market conditions without prior notice to the Partner. Partner does not receive a share in Sub-partner’s commission if it comes from the CPS program. The Affiliate program CPS (Cost Per Sale) aims at attracting new clients to the Company by use of affiliate links created by the Partner in his profile with the help of a campaign creation tool. Commission under the CPS program (Cost Per Sale) is credited to the Partner’s affiliate account as a separate payment, apart from commissions paid under other programs, if the Referral meets the following conditions: The Referral is the Company’s new client and has only 1 profile; The Referral has registered his only profile using an affiliate link created by the Partner for bringing in referrals under the CPS program; The Referral has paid at least Ksh.100 (or an equivalent amount in another currency) into his trading account; The amount of payment for each Referral meeting the conditions set out in paragraphs amounts to Ksh. 50; Commission under the CPS program may be used no earlier than 30 days after the Referral has topped up his/her account and conducted at least 50 referral links of 2 lots in total. The difference between each investment opening and closing prices shall be at least 30 points, and the duration shall not be less than 15seconds; In case the Referral has not met the conditions set out in paragraph the commission under the CPS program will be paid into the Main investment account only after the Referral has met the conditions. Remuneration under the CPS program shall not be paid in case the referral has not met any of the conditions set out in paragraphs 5.12.1−5.12.3.5.13. The Referral may not be moved from one affiliate program to another. In case the Referral has registered several times with the Company, solely the first registration shall be considered as valid. If the Partner has not attracted a single Active Referral within 90 days, the Company reserves the right to suspend commission payouts for the trades of the Referrals attracted more than 90 (ninety) days ago without prior notice. Commission payouts for the trades of the Referrals attracted more than 90 (ninety) days ago may be resumed at the current rate starting from the day which follows the day, when the Partner has attracted at least one new Active Referral; Affiliate commission shall not be paid during the period between the dates of discontinuance and resumption. The Partner has the right to order withdrawal of commission and its transfer to the payment systems offered within the Client’s Profile but shall remember that withdrawal of the Partner’s commission via bank transfer is possible only if the amount of funds exceeds Ksh.500. The Partner has the right to change the payment system that was used earlier only if he/she has lost access to it. In such case he/she shall send an official email request to partner@jyeltdfinance.com. If, for some reason, the Partner’s details within his payment system have been changed, the Partner shall notify the Company by sending an email tofinance@jyefinance.com, attaching a scanned copy of the identification document and describing the reason for the changes. Otherwise, the Company has the right to deny withdrawal of funds to the new account. Payment of the Partner’s commission is made within 1-3bank days from the date of sending a request. As an exception, when trading or non-investing operations, carried out by the Partner or his/her Referrals require inspection for conformance with the terms and conditions of this Agreement or the Client Agreement, the money transfer can take up to 14 working days. In such situation the Company shall notify the Partner via e-mail, indicated in the Client’s Profile. The Partner can ask about the status of verification process by e-mail toinvestment@jyeltdfinance.com. The Company does not charge commission for withdrawal of funds from the Partner’s accounts. The Partner bears responsibility to pay commission charged by the payment system for a withdrawal of funds from the Partner’s account. The Company has the right to unilaterally amend payment conditions. All the accounts with the Partner shall be settled in Kenyan shillings or US dollars (USD) or how the partner sets her account. In case of a dispute concerning an order, for which the affiliate commission has been paid out, the Company reserves the right to cancel such commission by correcting the balance of the Partner’s Main investment account. A great number of buy and/or sell transactions on any investment instruments, which are carried out by a Referral without intention to gain profit, and thus, without using any of the investment strategies, is recognized as churning of the Partner’s commission. Such transactions are classified as transactions conducted in collusion with the Partner, even if Referral’s data (such as passport details, address, telephone number, e-mail, Ip-address, or answers to the secret questions, etc.) do not have any intersections with a Partner. Commission derived for such transactions will be cancelled and payment to a Partner will not be made. Procedure for claims and disputes Parties shall try to settle disputes using the complaint procedure, by email or by means of talks. The Company accepts the Partner’s claims, arising out of this Agreement, only in writing and no later than three business days from the date when the dispute takes place.A claim shall be submitted by an e-mail topartner@jyeltdfinance.com. Information indicated in the claim cannot be disclosed until the end of proceedings. Claims submitted in any other way will not be accepted. A claim shall be considered within 14working days. If acclaims proven to be well-grounded, compensatory payment to the Partner’s account is made within one business day from the date of positive decision on settlement of a dispute. The Partner’s claim shall contain the following details: a) Full name; b) Number of the Partner’s Main investment account. c) Date and time of a dispute; d) Number of transactions in question; e) Description of the claim without emotionally charged details. Claims submitted in any other way are not accepted. The Company has the right to reject the claim if: — a claim does not comply with sections 6.2, 6.3 and 6.5; — a claim contains profanities and/or insults to the Company or its employees; — a claim contains a threat to the Company or its employees; — the Partner threatens to denigrate the image of the Company. If a disputed situation is not covered under the terms of this Agreement, final decision on the dispute will be taken by the Company on the basis of common practice and legal ethics.
7. Changes in the terms of the Agreement, termination of the Agreement The Company has the right to amend the terms of this Agreement by updating this Agreement on the Company’s site and notifying the Partner of amendments by email without fail, using the contact details specified by the Partner at the moment of registration. All amendments come into force in 7(seven) calendar days counted from the moment of notification. This Agreement is terminated if the Partner violates the conditions specified in this Agreement. The Company has the right to terminate this Agreement unilaterally with a notification of the Partner. Termination of this Agreement does not cancel obligations of the Company or the Partner that have arisen prior to termination under this Agreement or the Client Agreement.
The Partner has the right to terminate this Agreement with the written notice to the Company by e-mail to partner@jyeltdfinance.com. Obligations of the Company are deemed to be fulfilled after full settlement with the Partner. If the Partner loses their legal capacity or dies,— the right to withdraw money from the accounts in the Client’s Profile is transferred to the Partner's legal heirs in accordance within teracandelas or on the basis of a will, or to the trustee;— the right to receive a commission from the Partner’s Referral group and the right to conduct financial operations in the markets are not inherited;— once the Partner's money is withdrawn from the accounts in the Client’s Profile, the Partner's registration with the Company is canceled and cannot be restored.