1. General
1.1. This Gapflix Trade Referral Policy (the “Policy”) is a legally valid, binding, and enforceable agreement that regulates relations between the Company and its clients who decided to participate in the Company’s referral program under this Policy and are referred to as the Referring Clients or the Referred Clients in this Policy.
1.2. This Policy shall become an integral part of the Service Agreement concluded between the Company and the client upon mutual acceptance of this Policy.
2. Reference Mechanics
2.1. The Referring Client may, from time to time, but is not obliged to, introduce the Company to the Referring Client’s acquaintances as potential customers and promote the Company’s services in the manner of providing such prospect customers with a unique link to the Company’s online platform (the “Company Link”).
2.2. The Company will provide the Company Link to the Referring Client upon mutual acceptance of this Policy. The Referring Client shall maintain the Company Link in size and wording as provided by the Company and shall amend and change the Company Link if the Company requests the Referring Client to do so.
2.3. Subject to the requirements and terms set forth in this Policy, each prospective customer that concludes the Service Agreement with the Company after accessing the Company’s online platform via the Company Link provided by the Referring Client shall be referred to in this Policy as the “Referred Client”.
3. The Referred Client Eligibility Criteria
3.1. The Referring Client warrants to the Company that the Referred Clients who are receiving the Company Link:
3.1.1. Have provided their consent to receive the Company Link.
3.1.2. Are older than 18 years old or otherwise achieved legal age in their jurisdiction to register for and obtain financial services.
3.2. The Referred Client shall be compliant with all the following criteria just so the Company may approve such Referred Client and recognize such Referred Client as the “Qualified Referred Client”:
3.2.1. Not be a spouse of the Referring Client.
3.2.2. Credit a minimum deposit amount on her / his trading account determined on the Company’s online platform during the first 30 days following activation of the account by the Referred Client.
3.2.3. Not have any executed or pending request for account closure or funds withdrawal.
3.3. The Referring Client and the Referred Client have acknowledged that the transfer of funds between accounts shall not be considered as deposit(s) for the purposes of this Policy.
3.4. The Referring Client hereby acknowledges and understands that she/he shall not distribute the Company Link to any person who resides in the list of the countries (territories) in which the Company does not operate in, as provided in clause 11.1 of the Service Agreement, part I.
3.5. Within a reasonable period, the Company shall assess the Referred Client to determine whether the Referred Client is compliant with the eligibility criteria and can be recognized as the Qualified Referred Client or reject the Referred Client. The Company’s decision on whether a particular Referred Client can be recognized as the Qualified Referred Client shall be final, binding, and conclusive, and no correspondence with the Referring Client or the Referred Client is needed in this regard.
3.6. The Company shall not be under any obligation to accept any Referred Client attracted by the Referring Client and may reject or decline to accept the Referred Client for any or no reason at its sole discretion, including, without limitation, because:
3.6.1. The Referred Client was an existing customer of the Company at the time of using the Company Link.
3.6.2. The Referred Client has previously been submitted to the Company by the Referring Client or any third party.
3.7. The Referring Client is entitled to be remunerated only once per each Qualified Referred Client and irrespective of the number of times such Referred Client fulfills the Service Agreement and/or is compliant with the eligibility criteria under this Policy.
3.8. The Referring Client and the Referred Client have agreed that the Company shall not, under any circumstances, be required to disclose the reasons for not recognizing the Referred Client as the Qualified Referred Client.
4. The Referring Client Eligibility Criteria
4.1. The Referring Client shall be compliant with all the following criteria in order to be entitled to receive remuneration under this Policy:
4.1.1. Have a trading account on the Company’s online platform.
4.1.2. Hold her/his trading account at good standing which is solely determined by the Company.
4.1.3. Not be a spouse of the Referred Client.
4.1.4. Not have any executed or pending request for account closure or funds withdrawal from their trading account on the Company’s online platform.
4.2. The Company shall be entitled to solely determine at its sole discretion whether the Referring Client is compliant with all the requirements of this Policy.
5. Remuneration
5.1. During the term of this Policy the Company may remunerate the Referring Client by granting a special loot box as a reward per each Qualified Referred Client attracted by the Referring Client. The Company may also remunerate the Qualified Referred Client by granting a special loot box as a reward for registration on the Company’s online platform and meeting the eligibility criteria after usage of the Company Link provided by the Referring Client.
5.2. The remuneration will be provided to the Referring Client’s or the Qualified Referred Client’s account on the Company’s online platform accordingly within 2 business days where the Company recognised the Referred Clients attracted by the Referring Client as the Qualified Referred Clients. The Referring Client and the Referred Client have acknowledged and agreed that the manner of receiving the Remuneration described in this clause is the exclusive manner, and the Referring Client, as well as the Referred Client, have waived any request for the Remuneration to be made in any other form or method. The Company shall be entitled to unilaterally determine the content of special loot boxes referred to in clause 5.1 at any time and with immediate effect.
5.3. The Parties have agreed that the Remuneration completely covers compensation for performance done by the Referring Client and the Referred Client hereunder. The Referring Clients and the Referred Clients have waived any additional compensation from the Company, its successors, or licensees.
6. Abuse and Termination of This Policy
6.1. The Referring Client shall not use the Company Link in any manner that is illegal, disparaging, misleading, obscene, or in any way that is detrimental to the Company.
6.2. The Referring Client represents and warrants that her / his activity under this Policy does not breach any laws in the jurisdiction where the Referring Client resides. The Referred Client warrants that to the best of her / his knowledge her / his activity under this Policy will not breach any laws in the jurisdiction where the Referred Client resides. The Referring Client undertakes to comply with the terms of conditions of social media in the event of sharing the Company Link on such resources.
6.3. The Company is entitled to unilaterally terminate relations with the Referring Client under this Policy with immediate effect in the event of any inappropriate use of the Company Link by the Referring Client.
6.4. The Referring Client acknowledges that she/he shall remain solely responsible for the usage of the Company Link, the content that the Referring Client encloses to the Company Link, and methods of attracting the Referred Clients, and that distribution of the Company Link to the Referred Clients remains in all respects a sole decision of the Referring Client. The Company does not encourage the Referring Client to perform any certain actions with the Company Link and does not provide any instructions or promoting materials. The Referring Client hereby indemnifies the Company against any claims related to the Referring Client’s activity under this Policy.
6.5. For the avoidance of doubt, this Policy is designated for amateur ordinary clients who are not professional promoters and intend to conduct activity under this Policy towards their acquaintances only. The Company has separate terms and conditions for its professional promoting partners available at: https://kingfin.com/page/terms. The Referring Client shall be prohibited to participate in the Kingfin affiliate program during the whole term of this Policy. In the event of a breach of this clause by the Referring Client, the Company shall be entitled to unilaterally terminate relations with the Referring Client under this Policy with immediate effect without prior notice to the Referring Client and cancel all remuneration of the Referring Client.
6.6. The Referring Client warrants that the Referring Client (directly or indirectly) will not undertake any “black-hat” or deceptive or fraudulent methods including, but not limited to the keyword or cookie stuffing, spamdexing, malware, adware, hidden text or links, doorway or cloaked pages, link farming, blog comment spam, spyware, parasiteware techniques, automated “robot” techniques, software, downloads, context triggering, or other similar tactics to increase the number of the Referred Clients. The Company shall be entitled to research and investigate the Referring Client and her/his activities and, at the Company’s own discretion, determine whether any of these activities are being conducted. If the Referring Client breaches this section or the Company has reasonable grounds to believe that the Referring Client breaches this section, the Company will be entitled to immediately and unilaterally terminate relations under this Policy without prior notice to the Referring Client, and all remuneration of the Referring Client will be canceled and forfeited.
6.7. The Referring Client shall not use the Company Link with any content that contains any of the following:
6.7.1. Nudity, pornography, or other sexual or adult material.
6.7.2. Hate propaganda or material that encourages or promotes illegal activity or violence.
6.7.3. Content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights.
6.7.4. Material that promotes or utilizes software or services designed to deliver unsolicited email.
6.7.5. Material that violates any local, state, or national law, rule, or regulation.
6.7.6. Viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines.
6.7.7. Misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful, as determined in the Company’s sole discretion.
6.7.8. The Company reserves the right at its absolute discretion to terminate relations with the Referring Client and/or the Referred Client under this Policy and/or cancel the remuneration gained by the Referring Client and/or the Referred Client without being liable for any consequences should the Referring Client and/or the Referred Client commit and/or the Company suspects that the Referring Client and/or the Referred Client have committed any of the following: (a) fraud; abuse of this Policy; (b) misuse of the Company Link; (c) any attempt of collusion; (d) manipulation; (e) bad faith; (f) acts which are not in the spirit of this Policy; (g) arbitrage; (h) other forms of deceitful or fraudulent activity; (i) breach of this Policy and/or the Service Agreement.
6.8. The Referring Client shall not give any investment advice on behalf of the Company to the Referred Client and should also refer to the Company’s materials describing the Company’s online platform.
6.9. The Company may at any time unilaterally vary, modify, add to, or delete any of the provisions of this Policy, including, but not limited to, the amount of the Remuneration and manner of its calculation, and terminating or suspending the term of this Policy with immediate effect without prior notice to the Referring Client and the Referred Client. The Company shall not be liable for any consequences of any amendment, suspension, or termination of this Policy. Termination of this Policy shall not automatically cause termination of the Service Agreement.
6.10. Without prejudice to clause 6.9, the Company reserves its right to unilaterally amend the eligibility criteria at any time and at the Company’s sole discretion, including, but not limited to:
6.10.1. Require the Referred Client to complete trading activities on their trading accounts with a minimum number of trading lots and time limits for opening and closing positions, and/or
6.10.2. Require the Referring Client to execute a certain minimum number of trades through their accounts during a fixed period of time preceding the date upon which the Referred Client approached the Company.
7. Miscellaneous
7.1. The Referring Client shall indemnify the Company in respect of all liabilities, costs, claims, demands, and expenses of any nature whatsoever which the Company may suffer or incur as a direct or indirect result of any failure by the Referring Client to perform any of the Referring Client’s obligations under this Policy.
7.2. The Referring Client acknowledges that the Company shall not disclose personal details and other information related to the Referred Client, including, but not limited to, the amount of funds deposited by the Referred Client or number of trades, or any other details regarding the Referred Client to any third party, including to the relevant Referring Client, except that the Company may disclose whether the relevant Referred Client has been recognized as the Qualified Referred Client, and the amount of such disclosed information shall be solely determined by the Company.
7.3. The Referring Client has acknowledged and agreed that she/he is prohibited from presenting herself/himself as being an agent or employee of the Company or otherwise holding out to represent the Company. Relations under this Policy shall not constitute or be deemed to constitute any form of partnership, association, or joint venture between the Referring Client and the Company. The Referring Client shall not act in any capacity that requires the Referring Client to enter into an introducing broker arrangement with the Company. The Referring Client and the Company are pure independent contractors under this Policy.
7.4. Both the Referring Client and the Referred Client are entitled to unilaterally terminate relations under this Policy at any time. In such an event, outstanding loot boxes (if any) will be provided to such Referring Client or Referred Client in the manner specified in clause 5.2.
7.5. Notwithstanding the language version of this document, the English version shall be the binding version and prevail in the event of any discrepancy between the languages.