("this Agreement" or "Affiliate Program")
Our Rights and Obligations
- Register your Customers
We will register potential customers directed to the CoinCorner website through the Affiliate website(s), who have (i) successfully completed our online registration form for a CoinCorner account and (ii) successfully completed our anti-money laundering and counter financing of terrorism (“AML/CFT”) checks and (iii) made a deposit to their CoinCorner account (“Customers”); and track their transactions. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with AML/CFT legislation and regulations and any requirements we may periodically establish. By opening an account with us, they will become our Customers and, accordingly, our Terms and Conditions, rules, policies, and procedures will apply to them. Please note we are unable to accept potential customers from a number of prohibited jurisdictions, identified in the Terms and Conditions on our website.
- Track Customers' Transactions
We will track your Customers' transactions on the CoinCorner exchange platform and may make available to you a report summarising their activities, which you can access from time to time.
- Pay a Referral Bonus
Subject to clause 5, we will pay you and the referred customer a referral bonus ("Referral Bonus") of £10 for each referred customer who registers and initiates a buy or sell of £100 or more (or currency equivalent) of Bitcoin (BTC), Ethereum (ETH) or Litecoin (LTC) within 180 days of opening their account.
We may modify any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Bonuses and Affiliate Programme rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our Affiliate Programme following our posting of a change notice or new agreement on our website will constitute binding acceptance of the modification or of the new agreement.
- Your Application
Using this website shall indicate your acceptance of these Terms and Conditions. The application form will form an integral part of this Agreement. We will in our sole discretion determine whether or not to accept your application and our decision is final and not subject to any right of appeal.
- Register your Customers
Your Right and Obligations
- Linking to our Websites
By agreeing to participate in this Affiliate Programme, you are agreeing to create and maintain unique links from your website(s) to the websites which are owned, operated or branded by CoinCorner and its group (“CoinCorner Websites”). You may only link to CoinCorner Websites with any banners, e-mails, articles or with a text link provided to you by CoinCorner. You are not permitted to advertise on our behalf in any other way.
We will terminate this Agreement immediately without recourse for you if there is any form of spamming or if you advertise our services in any other way. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
- Registering of Domain Names & Trade Marks
You must not register (or apply to register) any domain name or Mark (defined below) similar to any domain name or Mark used by or registered in the name of any member of CoinCorner or its group, or any other name that could be understood to designate CoinCorner or its group.
- Bidding on Brand Terms
You may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of the CoinCorner group’s trade marks or otherwise include the word "CoinCorner", “Coin”, “Corner” “making bitcoin easy” “payment gateway” or variations thereof, or include meta-tag keywords on the Affiliate website(s) which are identical or similar to any of the CoinCorner group’s Marks.
- Agency Appointment
By this Agreement, we grant you the non-exclusive, non-assignable, right to direct potential customers to any of the CoinCorner Websites in accordance with the Terms and Conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You shall have no claim to a Referral Bonus or other compensation on business secured by or through persons or entities other than you.
You will only use our approved advertising images and logos and will not alter their appearance nor refer to us in any promotional materials other than those that are made available by CoinCorner.
- Good Faith
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe of such traffic.
Responsibility for Your Website(s)
You will be solely responsible for the development, operation, and maintenance of your website(s) and for all materials that appear on your website(s). For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site. You shall not use any materials provided by CoinCorner which may in the sole opinion of CoinCorner, bring CoinCorner or its licensors or affiliates into disrepute.
As a condition precedent, you shall hold all relevant and appropriate licences (if any) covering all the activities contemplated to be performed by you during the term of this Agreement.
The CoinCorner Affiliate Programme is intended for your direct participation. You shall not open affiliate accounts on behalf of any third parties. Opening an affiliate account for a third party, brokering an affiliate account or the transfer of an affiliate account is not accepted.
Under no circumstances can an affiliation be made between your site(s) and the CoinCorner Website.
- Licence to use Marks
We hereby grant to you a non-exclusive, non-transferable licence, during the term of this Agreement, to use our trade name, trademarks, service marks, logos and any other designations, which we may from time to time approve ("Marks") solely in connection with the display of the promotional materials on your site(s). This licence cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Marks is limited to and arises only out of this licence. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Marks by any third party.
- Confidential Information
During the term of this Agreement, you may be entrusted with confidential information relating to inter alia our business, operations, Application Programme Interface (API), software (such as source or object code) or underlying technology and/or the Affiliate Programme (including, for example, Referral Bonuses earned by you under the Affiliate Programme) (“Confidential Information”). You agree to avoid disclosure or unauthorised use of any such Confidential Information to third persons or outside parties unless you have prior written consent from CoinCorner and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement, howsoever caused.
Where applicable, for the purposes of the Data Protection Act 2018, and the General Data Protection Regulation, CoinCorner remains an independent Data Controller. For the avoidance of doubt no Data Controller / Data Processor relationship or Joint Data Controller relationship is created by this Agreement.
By agreeing to participate in this Affiliate Programme you shall at all times comply with the Data Protection Act 2018 and the General Data Protection Regulation and /or any other related or similar applicable legislation. Failure to do so will be cause for the termination of this Agreement with immediate effect.
- Linking to our Websites
Referral Bonus Calculation & Payout
Subject to clause 6, you will earn a Referral Bonus if the customers you have referred verify their accounts and transact £100 (or currency equivalent) or more. The transaction has to complete (meaning the funds are delivered to the account). The amount can be a cumulative £100 (or currency equivalent) (it can happen over multiple purchases).
The Affiliate is responsible for paying all taxes, duties or assessments arising out of the transactions contemplated under this Agreement (except for taxes imposed on CoinCorner’s income).
Term and Termination, Consequences and Unsuitable Sites
- Term and Termination
The term of this Agreement will begin when you are approved as an Affiliate and continue thereafter unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
Upon termination you must remove all of our banners/icons and marketing materials provided to you by CoinCorner from your site and disable all links from your site to all CoinCorner Websites. All rights and licenses given to you in this Agreement shall immediately terminate. You will return to us any Confidential Information, and all copies of it in your possession, custody and control (whether in electronic or hard copy or any other form of media) and will cease all uses of our Marks.
- Unsuitable Sites
We may terminate this Agreement if we determine (in our sole discretion) that your site is unsuitable. Unsuitable sites include, but are not limited to, those that are inter alia aimed at children, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate intellectual property rights or breach any relevant advertising regulations or codes of practice.
- Duplicate Accounts and Self Referrals
You shall not open more than one affiliate account without our prior written consent nor will you earn a Referral Bonus on your own or a related person's account. The Affiliate Programme is intended for professional website publishers only.
- Term and Termination
You shall incorporate and prominently and continually display the most up-to-date links provided by us on all pages of your website(s) in a manner and location agreed by us and you shall not alter the form, location or operation of the links without our prior written consent. You are eligible for Referral Bonuses based upon your continued promotion of CoinCorner. We reserve the right to reduce Referral Bonuses if you reduce your efforts to recruit new Customers. Your reduced or suspended promotion of our sites will be deemed to represent your termination of this Agreement.
Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You must not make any statement, whether on your site or otherwise, that would contradict anything in this Agreement.
Indemnity & Warranties
You shall defend, indemnify, and hold us, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation or term contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Affiliate programme.
You represent, warrant and covenant to CoinCorner (i) your execution and performance of this Agreement does not and will not violate the laws of any country in which you offer your services (ii) you have the power and authority to execute, deliver and perform its obligations in accordance with this Agreement; and (iii) you shall perform this Agreement only as specified hereunder, only for lawful purposes, confirming to all applicable laws and ethical business practices and without knowingly violating any intellectual property, confidentiality or other right of any third party.
We make no express or implied warranties or representations with respect to the Affiliate Programme, about ourselves or the Referral Bonus payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of the CoinCorner Websites will be uninterrupted or error-free and will not be liable for the consequences if there are any.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Programme will not exceed the total Referral Bonuses paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Referral Bonus generated and is limited to direct damages.
You acknowledge that you have read this Agreement and agree to all its Terms and Conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate or contract with websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this Affiliate programme and are not relying on any representation, guarantee, or statement other than as set out in this Agreement.
- Governing Law
This Agreement shall be governed and construed in accordance with the laws of the Isle of Man. Any action relating to this Agreement must be brought in the Isle of Man and you irrevocably consent to the jurisdiction of its courts.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against you and us and our respective successors and assigns.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. No modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.
Our rights and remedies hereunder shall not be mutually exclusive, that is to say that the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
- Governing Law
Last updated: 28th February 2019