Terms of Agreement
Wealth Traders is the provider of specialist
services which facilitate commercial relationships between our
"Advertisers" and our "Partners".
In order to
be accepted and compensated as a "Wealth Traders" Partner, you must agree to the Terms and
Conditions of this Agreement.
QUALIFICATION CRITERIA
Every application to join Wealth Traders is independently
reviewed upon receipt and, if not compliant with the criteria outlined below,
will be placed on hold until clarification is provided.
1. Be 18 years or older.
2. Be content-based, not simply a list of links
or advertisements.
3. Have a top-level name. Sub-domains are not
acceptable.
4. The content of the web site and/or newsletter
cannot:
- Promote sexually explicit materials, including
any spoofing, redirecting, or trafficking from adult-related web sites in
an effort to gain traffic
- Promote violence
- Promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Violate intellectual property rights
- Promote or facilitate Software Pirating (e.g.,
Warez, Hotline)
- Promote or facilitate Hacking or Phishing.
5. You cannot place our advertisements into your
framed environment, unless approved by Wealth Traders in writing.
6. Your web site and/or newsletter cannot be
“rewards' based encouraging users to click on our Advertisers' banners or use
our Advertisers to generate revenue for users to get “surf credits / rewards /
or other incentives” unless expressly approved in writing from Wealth Traders.
Wealth Traders reserves
the right to withhold or refuse approval on any web site, newsletter, company,
or individual for any reason, whatsoever.
RELATIONSHIP
Parties to this Agreement
are independent contractors, and nothing in this Agreement will create any
partnership, traditional joint venture, agency, franchise, sales
representative, or employment relationship, or the relationship of principal
and agent between the parties.
Both parties will be held
to confidence in any matters of business with regards to this Agreement.
PROMOTIONAL MATERIALS / COPYRIGHT
1. All copyrighted material and trademarked
names and logos used in accordance with this Agreement by either or both
parties remain the exclusive intellectual property of the respective
originating or issuing parties. No transfer of intellectual property ownership
or conveyance of rights is intended or conferred in this Agreement.
2. Partner agrees to:
- Provide Wealth Traders with any modifications to
the marketing materials it makes available for promotion of Wealth Traders
Campaigns. Such modifications must be approved by Wealth Traders before
they can be implemented / executed.
- Only use approved banners and text to link to an
Advertiser's sign-up pages.
- Not mislead people to make it seem that they are
signing up for an offer that is offered by the Partner site.
Use of
non approved banners, email, text or any other use of link and sign-up
processes will result in the loss of all sign ups / leads accrued for the
Partner.
LEGAL REQUIREMENTS
1. It is the Partners responsibility to verify
the legality of promoting any listed Wealth Traders promotion from its web site
or newsletter.
2. Partners cannot make any claims regarding
“expected” earnings from any listed Weath Traders products / services.
3. All investment-oriented Campaigns promoted
through "solo-specific " email campaigns must include a Disclaimer in
compliance with Investment Industry requirements. (Sample
Disclaimer available from Wealth Traders).
4. You guarantee that all content, products, and
services on your web site are legal to distribute and that you own or have the
legal right to use any and all copyrighted material.
Partner is at
all times responsible for ensuring all legal requirements are met.
SPAM
1. Partner agrees to not enter into any
spamming programs on the Web and that it will only conduct promotions to opt-in
/ opt-out produced lists which comply with commonly accepted best practice on
the Web.
2. Partner accepts that, if they SPAM, they will
automatically lose their account and all associated commissions will be withheld..
FRAUD
It is the OBLIGATION of the Partner to prove to Wealth Traders that they are
NOT committing fraud. Wealth Traders will hold your payment in 'Pending Status'
until you have satisfactorily provided evidence that you are not defrauding the
system. We flag accounts that:
- Inflate leads or clicks by fraudulent traffic
generation (as determined solely by Wealth Traders) such as
pre-population of forms
- Have click-through rates that are much higher
than industry averages and where solid justification is not evident
- Have ONLY click programs generating clicks with
no indication by site traffic that it can sustain the clicks reported
- Have shown fraudulent leads as determined by our
Advertisers
- Use fake redirects, automated software, and/or
fraud to generate clicks or leads from our programs
If any
Partner violates or refuses to take part in their responsibilities, or commits
fraudulent activity against us, Wealth Traders reserves the right to withhold
payment and take appropriate legal action to cover its damages.
Wealth Traders reserves
sole judgment in determining fraud, and you agree to this clause.
COMMISSIONS
Partners will be paid commissions on leads / sales on the following basis:
- Payouts are issued directly by each Advertiser as stated in Campaign Overviews.
- Minimum Payout for All Campaigns by an
individual Advertiser: $50.00
- End of Month payments on all balances (by
Advertiser) greater than US$50. Payment Type: Check only. Please allow
up to 14 days for check payments to arrive.
- Balances less than $50 will roll over to the
next accounting period.
- Taxes: Partner is responsible for any taxes
which need to be withheld from the payments issued.
- Order cancellations / refund requests: Refunds and chargebacks
on commissionable sales will be applied against outstanding commissions
due.
- Delinquent Advertiser payments received by
Wealth Traders will be credited to the Partner in the month that they
are received. Wealth Traders does not guarantee payment to the Partner if
the Advertiser does not pay Wealth Traders.
Please review the Commission Payment Schedule for each Campaign as
some payment terms vary and, in many instances, payment of commissions is direct
by the Advertiser.
CHANGES
Wealth Traders reserves the right to change any conditions of this contract at
any time. Change notices are sent to Partners by email, and Partners are
responsible for complying with any changes to the contract within 10 calendar
days from the date of change. Failure of the Partner to terminate the agreement
within those 10 calendar days will constitute acceptance of the changes to this
contract.
WARRANTY
Wealth Traders gives no warranty, express or implied, for any and all services
and products provided, including, but not limited to, warranty of
merchantability and warranty of fitness for a particular purpose. This
statement expressly includes any reimbursement for losses of income due to
disruption of service by Wealth Traders or its upstream providers.
LIABILITY
Partner irrevocably covenants, promises and agrees to indemnify and hold Wealth
Traders harmless from any and all legal actions, damages or liabilities
incurred from the day-to-day operations of Partner. Under no circumstances will
Wealth Traders (or its associated site, Sharemarket Institute) be liable
whether in tort, contract or otherwise for indirect, incidental, consequential,
special or exemplary damages (including but not limited to damages for any loss
of revenue, profits, business interruption, loss of business information or
data, loss of goodwill, work stoppage, hardware or software failure, or other
pecuniary loss) arising from or relating to any provision of this Agreement or
the program. Without limiting the foregoing, Wealth Traders aggregate liability
arising with respect to this Agreement will not exceed the total fees paid or
payable to Partner under this agreement.
If any Partner violates or
refuses to take part in their responsibilities, or commits fraudulent activity
against us, Wealth Traders reserves the right to withhold payment and take
appropriate legal action to cover its damages.
Any legal action taken by
an advertiser, agency, client, person, or entity against Wealth Traders for
actions of you that violate these terms and conditions, you accept that Wealth
Traders will work with the advertiser, agency, client, person, or entity to
divulge your personal information. You also agree that Wealth Traders is not
liable for your actions, and you will bear all costs (legal or otherwise) that
Wealth Traders incurs if Wealth Traders is sued by advertiser, client, agency,
person, or entity.
TERMINATION
Wealth Traders reserves the right to terminate any Partner's contract for any
reason whatsoever. Termination notice will be provided via e-mail and will be
effective immediately. All legitimate moneys due to Partner will be paid during
the next billing cycle. If Partner defrauds the system, then payment is revoked
as determined solely by Wealth Traders.
You agree to settle any
dispute under this agreement under the laws of Hong Kong
Agreeing to
the above Terms and Conditions constitutes an agreement between Wealth Traders and the Partner.
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