Affilate Agreement
Affilate Agreement
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1. General conditions
— This Agreement is concluded between ZEN E-WAY LLC with Registration number: No2334 LLC
2022 and having its registered address at Suite 305, Gri th Corporate Centre, Beachmont,
Kingstown, St. Vincent and the Grenadines (hereinafter “Company”) on the one part and the
person (individual or legal entity), who has opened an a liate account (hereinafter “A liate”) on
the other part.
— The Parties agree that the place of conclusion of this Agreement is the place of registration of
the Company, namely St. Vincent and Grenadines.
2. Restriction
— The Affiliate acknowledges and agrees that this Agreement cannot be concluded with citizens
of the countries listed in Paragraph 8.1 of the Service Agreement.The Service Agreement is available
on the Binolla website (http://binolla.com ). Please note that the list of countries is subject to change
at any time at the discretion of the Company.
— If the Company identifies that the person who has concluded this Agreement as an Affiliate
falls into the definition of the Restricted person mentioned in the clause above, the Company
has the right to terminate this Agreement immediately without any obligations of paying any
fees (including but not limited to the fees for already provided services) and/or damages to the
Affiliate. The Agreement shall be considered as having been terminated from the moment of
receiving the notification from the Company. With the acceptance of this Agreement, the
Affiliate holds the Company harmless from any liability and/or indirect losses of the Affiliate
and/or his subcontractors and/or the third parties involved by the Affiliate.
4. Account registration
— In order to register an account, the A liate lls out the registration form on the a liate platform
website partners.binolla.com
— The A liate accepts the terms of this Agreement.
— In case the A liate is a legal entity, they should also provide documents to the Company for its
registration.
5. Payment procedure
— O ered Binolla's a liate programs and their conditions are available in the a liate's cabinet.
— For the avoidance of doubt, the Company may change the conditions of the A liate’s
remuneration o er at any time after the account registration at its sole and absolute discretion.
Such amendments shall have an immediate e ect and shall not require the previous consent of
the A liate.
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— The MAX level rate eligibility check is performed daily for each A liate account. The Advanced
rate applies to the A liate account for a period of one calendar month and extends for every
consecutive month should the conditions of obtaining it continue to be met. Should the A liate
fail to meet the conditions of obtaining the MAX level rate, the A liate account is switched
back to the PRO level rate until such conditions are met once again.
— In order for a user/trader to be designated as a First Time Depositor (FTD), he must comply
with all of the following:
a) The user must have been referred by the A liate (Referred User);
b) The Referred User has never applied to register, never registered before for and/or does not
currently maintain a trading account with Binolla (New User);
c) The New User completed successfully his registration for a Binolla trading account in
accordance with the Terms & Conditions;
d) The New User is not a Connected Person;
e) The New User made a rst-time deposit of at least a minimum amount as speci ed by
Binolla from time to time (FTD), following the trading account registration;
— For the avoidance of doubt, and notwithstanding any other provision contained herein, neither
the A liate nor any other person associated (either directly and/or indirectly with the A liate)
including any member of the A liate’s family, any legal person (of any form or manner) whether
incorporated or not, whether directly or indirectly controlled, controlling or under common
control with the A liate, shall be eligible to be treated as an FTD (Connected Person). If any
such person has been registered by the A liate under the Agreement, the A liate agrees and
accepts that the A liate shall not be eligible to receive any commission or payment.
— The currency of the A liate account to be maintained with the Company shall be designated in
USD and any A liate commission payouts shall be calculated and presented in USD. Payouts
of A liate commissions shall be made by the Company to the A liate through any payment
method indicated in the A liate’s account and/or by way of any type of instrument/currency of
equivalent USD value upon conversion (Payment Method). For Payment Methods conducted in
EUR, the exchange rate for the conversion is equal to the most recent EUR/USD reference rate
de ned by the Company at the time of processing the payment. The Company shall be able,
upon its sole discretion and as it deems t from time to time, to opt for any Payment Method
for the settlement of any A liate commission/payout. The A liate shall provide the Company
with all relevant details, banking or otherwise, for the purpose of e ecting the A liate
commission payouts (Payment Details). The A liate irrevocably accepts the use of any
Payment Method by the Company and such acceptance is signi ed by the provision of
relevant Payment Details.
— The A liate acknowledges and accepts that the Company shall treat as accurate and true and
shall fully rely on the Payment Details. Payments made by the Company to the A liate by way
of any Payment Method and based on the Payment Details shall constitute full and
unequivocal satisfaction of the obligations of the Company in terms of payment of any A liate
commission/payouts.
— A liate acknowledges, represents and warrants to the Company that all Payment Details made
available from time to time, to the Company shall be accurate, correct and up-to-date and that
it shall exclusively bear the responsibility to inform the Company in case of any changes that
would a ect any payments due hereunder.
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— In order to receive a payment, the A liate has to have a veri ed account and no less than 5
active traders over the period of a liation. The amount on the balance is not less than 100
USD. The number of active traders can be seen in the Statistics section.
— The commission is credited to the affiliate's balance weekly, every Monday at 12:00 PM UTC.
— When the commission, as calculated in the manner as described in this Agreement, becomes
payable, it shall be paid in the frequency speci ed above, either directly from the Company or
by any third party on behalf of the Company, upon the Company’s discretion. A payment that is
executed in any of the aforementioned ways shall discharge the Company of its obligations in
relation to the payment of the commission.
— Notwithstanding any other provision of the Agreement, in the event that any activity in the
A liate Account, or in any account which appears to be controlled or managed by the A liate
is reasonably deemed suspicious in any way by the Company in its sole discretion, the
Company may in its absolute discretion, delay payment of the commission to the A liate for
up to one hundred and eighty (180) days in order to look into and verify the suspicious activity.
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— Not register and/or use a domain name that contains the Binolla brand name (including any
derivatives and misspellings) or could mislead clients into believing that their website is the
o cial Binolla website unless explicitly authorized by the Company.
— Clearly identify his website/blog for the visitor as an uno cial website of the Binolla company.
This is to be clearly indicated on the rst screen of the home page in a font that is not smaller
than the main font of the page.
— Use only the promotional materials provided in the personal account of the a liate program for
marketing purposes; regularly update them or replace them with up-to-date ones upon request
of representatives of the a liate program.
— Use a warning about risks in case of describing potential pro t to the client. A risk warning
should be in bold, not obscured by its colour or tried to be hidden among pictures – a risk
warning should be clearly legible to all clients and draw a reader’s eye to it. Moreover, a risk
warning should be located not lower than legal/contact information.
— Equally describe the advantages and drawbacks of the nancial instrument.
— Not give guarantees or make promises on behalf of the Company.
— Indicate the Company’s licenses exclusively as a fact, rather than in terms of approval of the
Company’s activity.
— In case of comparison with another service/broker to use only true information and indicate
reliable sources.
— In case of demonstration of the behaviour of one of the assets and trading with it, indicate the
precise time of such behaviour and clearly de ne that the information belongs to the past and
may not bring the same results in the present or future.
— In case of using any information for forecasting future behaviour of nancial instruments based
exclusively on veri ed information and warn users about the fact that such forecasts are not a
reliable indicator and not a guarantee of pro t.
— To comply with the regulation of the respective representative of the Company in relation to the
content of marketing materials and information;
— Free the Company of responsibility and/or sanctions applicable to the Company in relation to
the failure of the A liate to ful ll his tax obligations.
— Not use any tactics that would encourage a prospective client to deposit or trade more than
they plan to deposit or trade once the account is opened, in cases when the A liate has
contact with prospective clients before opening an account. Any identi cation by the Company
of the use of aggressive marketing by A liates may provide cause for the closure of that
A liate's account.
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• A liates are not allowed to publish materials or use phrases stating that trading is easy and
exciting. Additionally, implying that trading leads to success, a change in lifestyle, nancial
freedom or any other unwarranted bene t is prohibited. Do not use any visual reference to
money (cash, credit cards, notes and coins).
• Options, Forex and CFDs are complex products and are not suitable for everyone. Ensure
your promotional materials do not imply that Binolla’s products are easy to understand/use
and accessible to everyone.
• Do not advertise Binolla as “work from home”, “making easy/guaranteed money” or other
unwarranted claims or misleading statements, as such promotion would not emphasize the
high risk involved in trading options, Forex and CFDs, and would interfere with the integrity
of Binolla.
• A liates are only permitted to promote Binolla via web pages, ad campaigns, or other
sources which have been reviewed and approved by Binolla’s personal or compliance
managers.
• In case the A liate uses contact forms, comments sections, newsletters, live chats, or any
other form of direct and private communication between the A liate and a client/
prospective client, the A liate undertakes the responsibility to act in good faith at all times
and must not make any false or misleading statements with respect to the Company and/or
the services provided by the Company and/or engage in any other practice which may go
against the best interest of the client and may a ect adversely the image and credibility of
the Company.
• In a case when a Facebook or another social network page (including YouTube) is used for
promotion, such social network pages can be accepted as a tra c source only if these
pages are not promoting the Company directly but instead promote a website which is used
as a tra c source itself. An exception can be made at the Company's discretion.
• Depending on the countries where the majority of your tra c comes from, all promotions
and invitations to open an account (registration links) must include the relevant Risk
Warning. Ensure the RW is clearly readable, visible, and of appropriate size.
1. Non-regulated countries
You can use a long Risk Warning in case it is visible on each screen of the page:
General Risk Warning: The nancial products o ered by the company carry a high
level of risk and can result in the loss of all your funds. You should never invest
money that you cannot a ord to lose.
Or you can use a short RW:
RISK WARNING: YOUR CAPITAL MIGHT BE AT RISK
under each link or button to Binolla together with a long Risk Warning at the end of the
page or review.
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Whenever Binary Options are mentioned, it should be clearly stated that ZEN E-WAY
LLC. does not provide nor promote binary options to retail traders from Europe.
Additionally, the following warning must be present: Binary options are not promoted
or sold to retail EEA traders. If you are not a professional client, please leave this
page. In case a full warning cannot be added due to a limited amount of space, use the
short one instead: Binary options are prohibited in EEA
• Do not refer to a bonus when mentioning Binolla as the company does not o er bonuses.
• Whenever mentioning a potential pro tability percentage (payout), you must always include
an asterisk next to the percentage and add the following statement “*amount to be credited
to the account for a successful trade”.
• Materials should not include information regarding strategies that indicates them as trading
strategies (e.g. “the Martingale trading strategy”). Instead, if you use information based on
strategies, you should call it a “trading pattern” and this material should contain the
following risk disclaimer: “Your capital may be at risk. This material is not investment
advice”.
• All videos must contain the following risk warning that is visible throughout the entire
duration of the video: “RISK WARNING: YOUR CAPITAL MIGHT BE AT RISK”. If you are
recording a trading session, do not use the word “strategy”, do not give investment advice,
and add an additional warning: “NOTE: THIS VIDEO IS NOT AN INVESTMENT ADVICE”.
— Additionally, the A liate is prohibited from:
• Using spam of any kind for attracting clients.
• Opening and/or accessing trade accounts (including without limitation of active users) and
a liate accounts from one IP address and/or by his a liate links, as well as allow/o er
relatives, friends, and other people he knows to register by his links or do so himself on their
behalf.
• Attracting clients via private communication, i.e. private messages in social networks or
messengers, personal emails, phone calls, or face-to-face communication.
• In the case of doorways, it is forbidden to use persons' names and brand names of other
companies as keywords. Unrelated to Binolla tra c is prohibited. Doorways are accepted
with approved pre-landings only.
• Buying advertising using a liate links. Search and display contextual advertising is allowed
to be used only by promoting A liate’s own websites in accordance with all of the following
criteria:
- The website domain name must not include the Binolla brand name, its derivatives,
misspellings, or any other names that can be confused with the Binolla brand name.
- Binolla brand queries must not be used as well as any derivatives or mistakenly spelled
phrases.
- The website must contain the relevant content of its own and not copy the content from
the Binolla landing pages.
An A liate found in violation of brand bidding rules becomes subject to penalty charges.
The rst detection of the prohibited activity will lead to a removal of all registrations made
in the past week and all subsequent days until the ad is deleted, and a deduction of the
commission credited for these registrations. This applies to all the A liate’s accounts if
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they have more than one. The second detection of the prohibited activity will lead to a
removal of all registrations made in the past two weeks and all subsequent days until the
ad is deleted, and a deduction of the commission credited for these registrations. After
the third violation, all registrations for the past 30 days and the following days until the ad
is deleted will be removed, and the commission credited for these registrations as well as
an additional $1000 will be deducted from the A liate’s balance. The fourth detection will
result in a lifelong ban and immediate termination of all the A liate’s accounts. The use
of the Binolla brand name is allowed in the ad text only. Should the Company have
reasonable grounds to believe that the A liate intentionally keeps violating these rules
after receiving a warning at least once, all of the accounts of such an A liate are subject
to immediate termination.
• Comparing Binolla with other brands in the ad text or unjusti ably showing other brands in a
bad light, as well as any other unauthorized use of any third-party copyrights or
trademarks.
3. Using the trademarks of other third parties and (or) any Third Party IP in an unfair and/or
illegal manner for the purposes of this Agreement, including without limitation to use
trademarks in any way so as to indicate and/or imply that there is any kind of association
with and/or endorsement of Binolla by any such third parties.
• Attracting tra c from countries prohibited by the Company and conducting marketing
activity in the prohibited regions. We accept tra c from all countries and territories,
excluding Australia, Austria, Belgium, Bulgaria, Hungary, Great Britain, Republic of Vanuatu,
Gibraltar, Germany, Greece, Grenadines, Denmark, the Republic of Zimbabwe, Ireland, the
Islamic Republic, the Republic of Iraq, Iceland, Spain, Italy, Israel, Iran, Republic of Yemen,
Canada, Cyprus, Federal Republic of the Congo, Republic of Côte d'Ivoire, Democratic
People's Republic of Korea, Latvia, Republic of Lebanon, Libya, Lithuania, Luxembourg,
Liechtenstein, Republic of Mali, Malta, Republic of Liberia, Republic of Mauritius,
Netherlands, Norway, New Zealand, Poland, Portugal, Puerto Rico, Romania, Saint Vincent,
Syrian Arab Republic, Slovakia, Slovenia, Republic of the Union of Myanmar, USA, Republic
of Somalia, Republic of Sudan, Finland, France, Estonia, Croatia, Central African Republic,
Czech Republic, Switzerland, Sweden, Federal Democratic Republic of Ethiopia, Eritrea,
Japan, Isle of Man, Guernsey, Jersey.
4. Advertising Binary Options and Digital Options in the following countries: Austria,
Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein,
Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania,
Slovakia, Slovenia, Spain, Sweden.
• O ering clients to register by your a liate link for compensation or for any kind of pro t.
• Publishing false information in order to attract more clients or misleading clients.
• In the case of Facebook, it is forbidden to use fraudulent schemes when buying advertising
on the company's brand. Purchasing ads for pages that may appear to the user as Binolla
pages is prohibited. Creating and maintaining these pages is considered a violation. The
only permitted way to work with Facebook is to keep a page of your own resource that is
not similar to the resources of the Binolla, and purchase advertisements for this resource.
• Allowing in any way, any referred user, prospective client, and/or active user to access the
Company’s platform from the same IP address and vice-versa.
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• Attracting clients through the use of fraudulent means of tra c generation, as determined
solely by the Company. For the CPA payment model, any motivated and/or incentive tra c
is not subject to payments.
5. For the mobile tra c, in case of a suspicion of fraudulent activity, the criteria taken into
consideration include but are not limited to the following:
- Fraud tra c rate, as indicated by the mobile marketing analytics and attribution
platform used by the Company;
- Conversion rate from click to install;
- Conversion rate from install to registration.
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10. Copyrights and trademarks
— The Company is the owner of all intellectual property rights on and throughout the website as
well as the material on it including any copyright, database right, and trademarks. Any such
right not belonging to the Company belongs to third parties and is protected by copyright laws
and treaties around the world. All such rights are reserved.
— All copyright, database rights, trademarks, and any other intellectual property rights of the
Company in the content of and/or throughout the website, belong to the Company or a third
party, including without limitation to licensors of the Company. The material and content on the
website (in whatever form it exists), may or may not be identi ed by a symbol and they include
but are not limited to designs, photographs, graphics, drawings, text, etc. The lack of any such
symbol should not be understood as meaning that the name, term, or data is not the
intellectual property of either the Company or any third party or any licensor of the Company.
— Binolla (in word or stylized forms) has been registered internationally.
— The use of the word Binolla and/or any trademarks or intellectual property rights, without the
Company’s express and written pre-approval, is strictly prohibited in all ways. Such prohibited
acts include but are not limited to copying, duplicating, presenting in public, altering,
advertising, broadcasting, transferring, selling, or delivering trademarks or intellectual property
rights, in whole or in part to any third parties, distributing, including by publishing on the
Internet, or making any commercial use of the trademarks/intellectual property rights, in whole
or in part.
— Any reference, presentation, and/or use on the Website of trademarks and/or any intellectual
property rights which are not owned by the Company but are owned by other third parties
(Third Party IP) is fair since their usage is limited to (a) descriptive and informative purposes
and at no time as part of the Company’s Services, and (b) the minimum necessary. Such Third-
Party IP is on the Website only for informative purposes, to provide a simple description of the
service/goods of the particular third party and of the use of such service/goods by the
Company within the context and for the purpose of performing its obligations under this
Agreement for the provision of the Services.
— The A liate has full control for its actions and therefore acknowledges that it has and
undertakes full responsibility for the content and nature of its actions and/or omissions in
relation to any unauthorized use of the Company’s trademarks, intellectual property rights, and/
or any Third Party IP including for any actions in breach of this clause 10.
— The A liate undertakes at all times, to protect Binolla from any disputes, claims, expenses, or
losses that may arise both, directly and indirectly, due to a breach of this clause by the A liate.
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— A liate hereby undertakes and con rms to the Company that it shall at all times:
• Comply with its obligations under applicable Data Protection Legislation with respect to any
processing of Personal Data that will be undertaken within the context of this Agreement;
• At its own expense, ensure that it complies with and provides any assistance that may be
required to the Company to comply with the requirements of Data Protection Legislation
and regulatory requirements in force from time to time relating to the use of personal data,
including, without limitation, (a) the GDPR, and (b) any national implementing laws,
regulations, and secondary legislation.
— The Company has the right, without prior notice to the A liate, to disclose and/or consent to
the disclosure of personal data, including without limitation to the data provided hereunder, any
data connected to con dential information and/or details of the transactions of the A liate (i) in
order to comply with the requirements of the regulatory authorities of St. Vincent and
Grenadines and/or (ii) to banks and other nancial institutions, to its auditors/consultants,
companies belonging to the group of companies the Company belongs to, the Company’s
a liated companies, and/or to any other company which may be directly or indirectly
controlled by the Company, for the purpose of facilitating the performance of this agreement,
provided that they are informed and committed to the con dentiality of the information
communicated. All the A liate’s personal data shall be processed in strict compliance with the
provisions of the Data Protection Legislation.
— The Company will handle all personal data provided under this Agreement, according to the
relevant laws and regulations for the protection of personal data.
— The Company, through the involvement of another legal entity, collects and processes personal
data of natural person connected with the A liates, including without limitation to the data
requested under paragraphs 4.3 and 7.1 hereof, solely for the purposes of this Agreement and
of the requirement of applicable laws and/or regulations. The A liate hereby represents and
warrants and the Company hereby relies on such representations and warranties, that the
consent of any natural person (directors, ultimate bene cial owners, shareholders, and/or
authorized signatories of an A liate being a legal entity) of whose personal data has been
submitted to the Company, has been freely provided and that any such natural person is well
informed and consents to the disclosure provisions of paragraph 10 of this Agreement.
— Subject to paragraph 10, the Parties agree to keep con dential and not to disclose to any third
party any con dential information given by the other Party under this Agreement including
without limitation the information to be provided under paragraphs 4 and 7 of this Agreement
and/or all communication, documentation or other information exchanged between them, both
during the term of the Agreement as well as after its termination.
— The A liate acknowledges and accepts that it/she/he has read and accepted the Privacy
Policy which can be found on the Company’s website. For the purposes of this paragraph, the
term Client in the Privacy Policy shall be read to include the term A liate.
— The Company has the right to change, add, rename or leave unchanged any section,
paragraphs, and subparagraphs of this Agreement without prior notice to the Client about such
changes. In case of violation of any of the A liate’s obligations in accordance with this A liate
Agreement, as well as if the Company makes a decision on the inexpediency of continuing
further cooperation with the A liate according to the A liate Agreement, the Company has the
right to terminate the A liate Agreement and to notify the A liate immediately about it in any
way without compensation of losses and without making any payments, including payments
for distributing information about the Company.
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— In some cases, upon the Company’s decision, the Company can pay the A liate's pro t even
after a unilateral termination of the A liate Agreement with such A liate.
12. Assignment
— The Company may at any time assign, subcontract, delegate, sub-license, or deal in any other
manner in whole or in part the Agreement or any of its rights or obligations hereunder
determined.
— A liate shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over
or deal in any other manner with any of its rights and obligations under this agreement, without
the prior written consent of the Company.
13. Arbitration
— Claims for lost revenues will not be considered;
— The Company does not compensate for moral damages;
— All claims are to be sent via an e-mail address.
— Time of consideration of claims is 15 working days or less;
— In case a dispute is not speci ed in this Agreement the Company makes the decision based on
relevant practice;
— The Agreement and any dispute or claim (including non-contractual disputes or claims) arising
out of or in connection with it or its subject matter or formation shall be governed by, and
construed in accordance with, the laws of St. Vincent and the Grenadines.
— Any dispute, controversy, or claim arising out of or relating to the Agreement, or the breach,
termination, or invalidity thereof, shall be settled by arbitration in accordance with the laws of
arbitration of St. Vincent and the Grenadines, as amended from time to time, and the
provisions of which are deemed to be incorporated herein by reference. The decision of St.
Vincent and the Grenadines arbitration shall be binding upon both parties. If the parties fail to
agree on the appointment of an arbitrator within 7 clear days, then the competent appointing
authority of St. Vincent and the Grenadines shall appoint the arbitrator.
• The number of arbitrators shall be one.
• The seat or legal place of arbitration shall be the City of Kingstown.
• The language to be used in the arbitral proceedings shall be English.
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