Legally binding TraderSync affiliate

terms and conditions contract:

These terms of service (“TOS”, “terms”, “conditions”, “disclaimers”, “contract”, or “agreement”) are entered into between 1473010 Alberta Ltd., doing business as tradersync.com, (“TraderSync”, “we”, “us”, or “our”) and the entity joining the TraderSync affiliate program (“Affiliate”, “you”, or “your”).

 

This Affiliate Agreement contains the complete terms and conditions between TraderSync (“We”, “us”, “TraderSync”), the Affiliate (“you”, “Affiliate”) regarding your participation in TraderSync’s Commission Referral Program (the “Affiliate Program”).

 

By using the Platform and Services described in this document and performing marketing actions for TraderSync, or subscribing to the services on the tradersync.com website, you are attesting that you have read, understand, and agree to these Terms, Conditions, and Disclaimers and that you agree that your relationship with us is governed by the terms spelled out in the TOS. If you do not agree with these TOS, then you must immediately cease the use of tradersync.com and any TraderSync services or Platforms.

 

1. Our Affiliate Network

To participate as an affiliate, you are required to complete an affiliate application located at https://tradersync.tapfiliate.com/publisher/signup/ts-membership-subscription-40/. The application will be evaluated, and we will notify you of your acceptance in a timely manner. At our discretion, for any reason, we may accept or reject your website from our program. If you are a US resident, we will request that you provide us with your Social Security Number or Tax ID number for tax reporting purposes before we issue payment on any commissions.

2. How it works

TraderSync will provide You with Your unique tracking link. When another web user clicks on your special link, it will direct the visitor to tradersync.com. If the user opens an account any time in the next 45 days (without clearing their cookies) from the same browser on the same computer or device, our system will tag the user with Your affiliate ID and automatically credit your account for any purchases they might do within the 45 days after clicking on your affiliate link. For automated tracking to be successful, the visitor must have clicked on your tracking link, user must have cookies and javascript enabled in their browser, and the user must not have cleared cookies before creating an account. If the automated tracking fails for any reason and you wish to earn commission for this referral you must contact TraderSync Affiliate Support at info@tradersync.com.

 

3. Your Obligations

You agree to provide TraderSync with accurate information when setting up your account, during our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail or telephone about the Services. You agree to maintain a working e-mail address that is monitored daily and to promptly inform us of any changes to your e-mail address or phone number. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected because of your failure to provide us with updated contact information.

 

4. Commissions and Payout Terms

 

1. Commissions will be paid to affiliates based on successful paid referrals. A successful referral, or sale, is defined as: non-fraudulent, active user for a period of thirty (30) days, not canceled, who has paid for services in full and has been directed to TraderSync through your affiliate tracking link. Due to the high frequency of credit card fraud, affiliate commission fraud, and cancellation rates, TraderSync reserves the right to hold commissions for up to 60 days for verification on a case-by-case basis. 
2. TraderSync also reserves the right to claw-black or cancel any commission in the event that TraderSync is unable to collect funds for services from the end-user, or in the event that the order is found to be fraudulent, or in the event that the customer cancels and is refunded, or if TraderSync learns that the commission was earned improperly through any means. There is one pay period per each every month. 
3. Pay periods are 30 days long. Commissions are paid once they have matured for 30 days after they were awarded, or when the hold on the commission is released (no more than 60 days from the time the hold was placed.) This time frame allows us to evaluate every order and assert its validity. In the event we are unable to verify the order during this time frame, we may, at our sole discretion, cancel your commission and cancel the order. Cancelled commissions cannot be reinstated. Any commission cancellations will be documented to the Affiliate on request to show sufficient reason for cancellation. If you have received a custom commission from TraderSync in exchange for a referral commitment, then TraderSync will modify your account settings to reflect this.
4. Commissions will be calculated according to the specified percentage or dollar amount set forth in the commission report in your Affiliate Console for each Qualified Purchase that accrues during the period for which such commission fee is being calculated.
5. You may choose to receive Commission Fees through PayPal, ACH, or check, subject to the following conditions:
   1. PayPal Payments: Please refer to PayPal’s policy to ensure you are eligible to receive payment if you reside outside of the United States https://www.paypal.com/cgi-bin/webscr?cmd=_display-approved-signup-countries-outside. (PayPal payments will only be reissued within one hundred and twenty (120) days of the original issue date in the case of an incorrect PayPal address or refusal from PayPal to accept a payment.)
   2. ACH: TraderSync offers an ACH transfer option to those who earn over $1,500.00 in Affiliate Commission Fees over a ninety (90) day period.
   3. TraderSync Cow is not responsible for paying any third-party fees charged by PayPal or ACH in order for you to receive Affiliate Commission Fees.
6. TraderSync, in its sole discretion, reserves the right to modify the available commission payment methods or payment schedule at any time. Such changes shall take effect when posted.

 

5. Commission Determination; Qualified Purchases

 

1. Commissions will be calculated based on the commission rates stated on your TraderSync affiliate panel for each Qualified Purchase (as defined herein) subject to commission accruing pursuant to below. A “Qualified Purchase” does NOT include the following:
   1. A purchase by a Referred Customer that has transferred from any TraderSync partners or subsidiaries.
   2. A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through an Affiliate Link.
   3. A purchase by a Referred Customer that has not been in good standing for a period of at least thirty (30) days or is in violation of TraderSync’s Terms of Service, or other applicable policies at the time the Commission Fees accrue.
   4. A purchase that TraderSync suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement.
   5. A purchase referred by an Affiliate that has an excessive cancellation rate as determined in TraderSync’s sole discretion.
   6. A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate.
   7. A purchase by a Referred Customer if the Affiliate or Referred Customer is in or is promoting a business-opportunity program, as determined by us in our sole discretion.

 

6. Term of the Agreement

The term of this agreement will begin upon acceptance of TraderSync’s acceptance of Your Affiliate Program application, and will end when terminated by either involved party as indicated in this provision. You and TraderSync reserve the right at any time to cancel this relationship, with or without cause, by giving 30 days notice of termination. Once terminated, you will not be eligible to receive commissions for any future referrals. TraderSync may modify this agreement at any time upon 14 days’ notice.

 

7. Termination for Material Breach

TraderSync may terminate the Affiliate Program agreement between us upon the occurrence of a material breach if this breach has not been cured by the Affiliate within three (3) days of Affiliate’s receipt of notice of the breach. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.

 

8. Licenses

TraderSync reserves all right, title, and interest in, and to, the TraderSync Technology, including the Platform, brand, image, logo, and creative assets of all kinds. This reservation of rights includes, but is not limited to, any derivative uses, improvements or enhancements to the Platform, and also includes any trademark or copyright interest in the Platform.

 

9. Representations and Warranties

We each warrant to the other that: (i) we have the power, authority and legal right to enter into these TOS; and (ii) we have the power, authority and legal right to perform our obligations under these TOS and all incorporated provisions.

 

10. Compliance

1. You agree not to use the Platform in any way or for any purpose that would violate or have the effect of violating, any applicable laws, rules or regulations or any third-party rights, including, without limitation, any law or regulations governing public securities, markets and trading.
2. You agree to not advertise on Google Ads / Google Adwords or any PPC campaign without our previous writing approval. 
3. You agree to not advertise false claims, features or benefits about TraderSync
4. Your marketing method(s) can not in any way compete with TraderSync’s current marketing methods.

 

11. Disclaimers

We make no implied warranties or representations with respect to the affiliate program or any services sold via TraderSync. neither parties will be liable for any consequences of any interruptions of errors.

 

THE AFFILIATE PROGRAM AND PLATFORM ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, TRADERSYNC HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, ACHIEVEMENT OF PARTICULAR RESULTS, OR WARRANTIES OF MERCHANTABILITY AND TITLE. NO WARRANTIES ARE CREATED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TRADERSYNC DOES NOT WARRANT THAT THE SERVICE WILL BE SUITABLE FOR YOUR NEEDS, UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TRADERSYNC CANNOT AND DOES NOT GUARANTEE THAT THE SERVICE WILL WORK ON ALL WEBSITES, AS SOME WEBSITES MAY NOT BE COMPATIBLE WITH THE TRADERSYNC SERVICE. TRADERSYNC IS NOT RESPONSIBLE FOR ISSUES RELATED TO BROWSER COMPATIBILITY. TraderSync IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU VIA THE SERVICE PROVIDED BY US. TRADERSYNC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY TRADERSYNC. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO TRADERSYNC SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.

 

12. No Waiver

No waiver of rights under these TOS, or any TraderSync policy, or agreement between you and TraderSync, shall constitute a subsequent waiver of this or any other right under these TOS.

 

13. Assignment

These TOS may be assigned by TraderSync. They may not be assigned by you without TraderSync’s prior written consent. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

 

14. Severability

In the event that any portion or provision of these TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, the parties agree that the provision will be deemed modified to the least extent necessary to make it enforceable, and all other provisions of this Agreement will remain unaffected.

 

15. No Agency

These TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

 

16. Limitations of Liability

TraderSync will not be liable for incidental, special, indirect, or consequential damages, or any loss of revenue, profit, or data arising in connection with this agreement. The total loss of either parties will not exceed the total commissions paid or payable to you under this agreement in the precedin months (1 months) IN NO EVENT WILL TraderSync’S LIABILITY HEREUNDER EXCEED THE AGGREGATE COMMISSIONS PAID BY TRADERSYNC TO YOU FOR THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM TRADERSYNC SHALL BE INTERPRETED TO INCLUDE TRADERSYNC’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH TRADERSYNC .

 

17. Indemnification

You agree to indemnify and hold harmless TraderSync and its subsidiaries, affiliates, directors, officers, employees against any and all claims, losses, demands, damages, expenses, settlements of any kind for any reason without limitation that may arise out of your use of the TraderSync affiliate program or TraderSync service.

 

18. Governing Law

This Agreement shall be construed and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Each of the parties hereby irrevocably attorns to the jurisdiction of the courts of the Province of Alberta with respect to any matters arising out of this Agreement.

 

19. Notices

Notices will be sent to you at the email address you provide to us. It is your obligation to ensure that we have the most current email address for you in our records. Please refer to our website, www.tradersync.com, for contact information for most issues, including technical support and billing. Notices regarding these TOS and other TraderSync policies should be directed via email to info@tradersync.com

 

Force Majeure

Neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event more than ten days from the beginning of the event.