INTRODUCING BROKER AGREEMENT
GENERAL PROVISIONS
Introducing Broker Agreement (hereinafter—‘Agreement’) sets forth the relationship
between the IB and the Company (cumulatively—‘Parties,’ solely—‘Party’). All of the possible interactions, relationships, and cooperation between the IB and the Company shall be governed by this Agreement solely.
By becoming an Introducing Broker, the IB acknowledges and accepts this agreement. Should any situation not covered by the Agreement arise, the Company shall resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with industry practice. The IB agrees that such a decision of the Company shall be final.
This Agreement does not imply employment. The IB shall not be considered as the Company’s representative, and the Company shall not bear any responsibility for the IB’s actions (or failure to act).
Where an introduced customer has communicated to the Company that it wishes to be unlinked from the IB (the “Unlinked Client”), the Company shall, from the date of such communication, cease paying the IB compensation in respect of the Unlinked Client. The IB shall have no further rights in respect of the Unlinked Client.
The company reserves the right not to recognize any customer as introduced by the IB if the customer did not register through the IB Referral link or did not send a confirmation email requesting to link his account to the IB within 10 days of registration.
The client or introduced client may request to change from one IB to another, however, the decision will be final and at company discretion.
IB Tier is a certain IB status, depending on which the IB Commission value is determined. The table of the IB Tier is as follows:
The Company pays the IB Commission for the Client’s trades, provided the Client is attracted by the IB.
The IB Commission shall be paid within 30 minutes of referral closed trades.
Valid Order is a trade that lasted for 300 seconds or more.
The IB Commission shall be determined by the IB Tier and the type of the trading account the Client used for trading the relevant volumes.
The IB Commission shall be paid to the IB’s Wallet in the U.S. dollars only regardless of the currencies of the accounts used by the IB’s Clients. Should the IB’s Clients trade on the accounts where the Fixed Rate option is applied, such IB’s Commission is also paid out in accordance with the rate applied.
The IB Tier shall be calculated and updated every 2 months.
The IB acknowledges that the change of the IB Tier is applied during the IB Commission pay-out time. No claims of ‘lost profit’ shall be accepted.
OBLIGATIONS
The IB is entitled to do the following:
promote the Company’s services, website, promotions, special offers, and other related information.
Open profiles for the Clients using the Referral Link.
Receive the IB Commission (rebate) for Client’s trades.
provide Clients with the Company’s information, news releases, updates, or other related information.
Perform all activities in full compliance with applicable local and international legislation.
Inform the Company immediately of any interference with the IB’s activities.
Use maximum effort into acquiring Clients for the Company.
keep confidentiality regarding any information that expressly or implicitly concerns the Company and becomes available to the IB.
Notify the Company about all facts or circumstances that might lead to any potential risks to the Company in case the IB becomes aware of them.
Let the Client know about the risks of Forex trading prior to opening a real account.
Inform each potential Client about the IB’s status and privileges prior to entering into any agreements of relationship.
Immediately notify the Company of any changes in the IB’s contact information.
Company Rights:
provide the IB with all the necessary assistance to fulfil the obligations set forth in
the Agreement.
pay out the IB Commission under the conditions of the Agreement.
Provide the full range of the Company’s services, as stated in the Customer Agreement to the Clients attracted by the IB.
Provide execution for the IB Clients’ orders and corresponding calculations of the IB Commission due. The Company, however, does not provide statements of the Client transaction.
Perform control of the IB’s activities under the provisions of the Agreement
Request a detailed report from the IB on the latter’s fulfilment of the provisions of the Agreement.
Void the Agreement if the IB fails toAttract clients with cumulative 20 standard lot trade in 60 days and
Minimum 10 active clients over the last 60 days.
Exclude the inactive Client(s) from the IB’s referrals (Clients) list.
Amend this Agreement at any time without the necessity to get any prior approval from the IB. The IB hereby agrees and confirms that the Company is deemed to have duly notified the IB about such amendments by publishing the amended Agreement on its website.
If the IB uses fraudulent methods for acquiring the Clients, the Company reserves the right to void the Agreement and cancel (partially or completely) the IB Commission. All the IB’s Clients, in this case, shall become direct Clients of the Company.
If the IB Commission amount from a single Client exceeds 20% of the total IB commission, the Company reserves the right to cancel such IB Commission.
If the Company’s revenue received from the IB Clients’ trading becomes less or equal to the commission the Company paid to the IB, the Company reserves the right to lower the IB Commission or to exclude such Client from the IB's referrals (Clients) list.
IB RESTRICTIONS
Using any deceptive or fraudulent advertising to promote the Company’s services.
Incorporating and/or using a legal entity containing the Company’s name or branding or other objects of intellectual property
acting as the Company’s representative
Using the Company’s direct URL in any PPC systems (Google, Yahoo!, Live, or similar) as well as the IB’s referral link. It is also prohibited to redirect or attract customers to the Company’s website by any other forced (fraudulent) way.
Assuming any responsibility on behalf of the Company or placing the Company under any obligations.
Opening real or demo accounts or register with the Company’s services on behalf of the Client, as well as save, store, or disclose the Client’s access credentials or any Client’s personal information.
Providing any advice to the Client regarding trading strategies, or in any other way, influence the Client’s decisions. The Company shall not be liable for the consequences of such advice.
Publishing or participating or cooperating in publishing any materials in mass media; issue any newsletters or assist in issuing or creating any content in newspapers, magazines, or other mass media, blogs, internet forums, social networks, or similar, which may expressly or implicitly harm the positive image of the Company.
Undertaking any commitments in the name of the Company, or binding the Company with any commitments.
providing any guarantees and/or promises, as well as making any statements regarding any pay-outs or any agreements set forth by the Company.
If the IB’s violation of this Agreement (including unauthorized actions or statements made by the IB) entails legal action(s) filed against the Company, the IB shall be held liable for all losses incurred by the Company. Losses shall be understood as expenses the Company has incurred or will incur while restoring its rights and interests (real losses), as well as the revenue the Company would have earned under normal business conditions (lost profit), damage of property interests or the Company’s business reputation as a result of IB’s failure to fulfil its obligations. The IB has no right to dispute the amount the Company claims for damages.
If the IB violates the terms and conditions of the Agreement (fully or partially), the Company reserves the right to block the IB’s trading accounts and the Wallet and exclude Clients from the IB’s Client list until the IB compensates the losses that the Company has suffered from the breach of the Agreement. The Company is entitled to cover losses inflicted by the IB with money payable to the IB under the IB Agreement and under the Customer Agreement and its corresponding regulations.
The IB, the IB’s relatives, or any other affiliated parties cannot act as the Clients of the IB. Should any data of the IB match the data of any Client (such as passport details, address, birth date, telephone number, email address, IP addresses, or similar), the Client’s login shall be removed from the IB’s Client list, and the IB Commission pay-out based on this Client’s performance shall not be paid. User profiles that share the same IP address may be considered as one active profile. Should the IP address of the Client be the same as the one of the IB, they may be considered affiliated, and the IB Commission pay-out for such Client profile’s performance shall not be paid. Such behaviour shall be deemed ‘Auto-referral activity’ or ‘Bulk Registration’
If the Client(s) file any complaints against the activities of the IB, the IB shall independently address all such complaints and shall indemnify and hold the Company harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with such complaints.
IB rules for changing group
Where an introduced customer (Client) has communicated to the Company that it wishes to
be unlinked from the IB (the “Unlinked Client”), the Company shall, from the date of such communication, cease paying the IB compensation in respect of the Unlinked Client. The IB shall have no further rights in respect of the Unlinked Client.
The company reserves the right not to recognize any customer as introduced by the IB if:
the customer did not register through the IB Referral link or did not send a confirmation email requesting to link his account to the IB within 10 days of registration.
the customer already has a trading account with the Company or any Affiliate more than 10 Days before the customer is introduced to the Company by the IB.
The Company has the right to reject any potential customer who does not meet the criteria detailed in the Company’s internal compliance procedures and the IB hereby agrees that all new account applications must be approved by the Company in writing before trading can commence.
Force Majeure
The Company may, in its reasonable opinion, determine that a Force Majeure Event exists,
in which case the Company will, in due course, take reasonable steps to inform the IB. A Force Majeure Event includes without limitation any act, event or occurrence (including, without limitation, Market Disruption, acts or restraints of government(s) or public authorities, war, derelict weapons of war, nuclear, radioactive, biological, chemical, biochemical or electromagnetic weapons or contamination, revolution, strikes, lock-outs or other forms of industrial action, fire, flood, natural disaster, explosion, unavoidable accidents, terrorist action, failure of a utility service or transport network, the suspension or limitation of trading by any execution venue,
or any breakdown, failure, defective performance or malfunction of any telecommunications, settlement or other equipment or systems
If the Company determines in its reasonable opinion that a Force Majeure Event exists (without prejudice to any other rights under this Agreement) the Company may without prior Written Notice and at any time take or omit to take all such actions as the Company deems to be reasonably appropriate in these circumstances.
Amendment and termination
The IB acknowledges that the Company has the right to modify the terms of this Agreement,
Addendum and/or Appendix at any time giving to the IB 7 Business Days Written Notice prior to such changes. Any such amendments will become effective on the date specified in the notice.
The IB may terminate this Agreement by written notice at any time. The Company may terminate the Terms by providing you with at least thirty (30) days written notice of termination unless circumstances require us to provide a shorter notice period.
The Company may terminate this Agreement with immediate effect by giving Written Notice to the IB, if:
The IB, or its principals, directors, officers and managers are convicted of a crime or serious violation of law that bears on their honesty and integrity.
The Company determines, in its sole discretion, that the IB has committed acts that are inconsistent with (i) the provisions of the Company’s Terms and Conditions (ii) the material provisions of this Agreement or (iii) fair, just and equitable principles of trade.
The IB does not comply (whether wholly or partly) with this agreement and other company’s policies.
TERMS AND INTERPRETATION
Client is an individual or a legal entity registered on the Aron Broker LLC (hereinafter—‘Company’) website.
Introducing Broker, Affiliate, Partner (hereinafter—‘IB’) is the Client whose application for the IB status submitted via the Company’s website was approved by the Company.
1.3. Referral Link is a special link to the Company’s website containing a unique IB identifier. The Referral Link is the main means of attracting and tracking the Clients by the IB.
IB ID is the IB’s unique identification number.