This Affiliate Program Agreement (“Affiliate Agreement”) sets forth the terms and conditions of your participation in the KCEX Affiliate Program (“Affiliate Program”).
By participating and registering for the Affiliate Program, you confirm your acceptance of the Affiliate Agreement and the User Agreement And Privacy Policy. If you do not agree with the terms and conditions herein, please do not participate in the Affiliate Program.
1. Definition
1.1. In this agreement:
“Affiliate”; “you”; “your” means you, and or other participants of the Affiliate Program. “KCEX”, “we”; “us”; “our” means the operator of KCEX Trading Platform. “Affiliate Links” means the links that are assigned by KCEX to the Affiliate, as may be amended from time to time, for the Affiliate’s use to direct third parties to the Platform or any website of our business where they can become our potential customers. “Affiliate Credentials” means the set of user identification, password, personal identification number, token and any other information provided to an Affiliate to access the Affiliate Program. “Affiliate's Invite Code” means the invite code assigned to an Affiliate which may be used by potential customers or KCEX to identify the link between the Referral and the Affiliate. “Commission” means any commission, rebate, or any monies earned by the Affiliate under the Affiliate Program. “Platform” means the KCEX Trading Platform, including kcex.com and any of our associated websites, application programming interfaces, and mobile applications. "Referral" means a person who becomes our user using your Affiliate Links and/or the Affiliate's Invite Code.
2. Eligibility
2.1. You must be at least 18 years of age to participate in the Affiliate Program.
2.2. You must not be residing in a jurisdiction which restricts or is illegal for you to participate in the Affiliate Program, use or access the Platform or use, hold, buy, sell, deal or otherwise be involved in the ownership of cryptocurrency.
2.3. Notwithstanding anything in this clause, we shall have the sole discretion to accept or reject your participation in the Affiliate Program.
3. Affiliate Page
3.1. Your Affiliate Page will provide up-to-date details of your participation in the Affiliate Program, including (but not limited to):
(1) Your Affiliate Links
(2) Your Referrals
(3) Trading volume of your Referrals
(4) Your Commissions, pending and paid out
3.2. The information displayed in your Affiliate Page shall be final, conclusive and binding. If you discovered any discrepancy in your Affiliate Page, you need to notify us immediately within 10 working days together with supporting evidence to substantiate your claim, failing which we are not obliged to investigate, review or remedy any claim.
4. Services Performed by the Affiliate
4.1. You shall, as a key opinion leader, use your utmost diligent efforts to promote, recommend or refer the Platform and our business in general.
4.2. You shall not:
(1) bid on any terms in any search engine that mentions, including, but not limited to, your Affiliate Link, Affiliate's Invite Code, the term “KCEX”, and other terms or phrases related thereto, its related domain (including any of its derivatives or misspelling) or any keywords that contain such terms;
(2) use any of our domains as your display URL
(3) engage in activities which, in our sole discretion, are harmful to us or our customers
(4) make any false, inaccurate or misleading information about us or the Platform
(5) represent or imply that you or your efforts are a part of our business other than your participation in the Affiliate Program
(6) engage in any unsolicited email (such as spamming) or indiscriminate advertising
(7) advocate, promote or encourage any violence or discrimination or any form thereof, against any person or group of persons
(8) create or include content which contains pornography or other sexual or adult material
(9) represent or imply that your content represents or reflects our views, opinion or advice
(10) make any statement or promise on the rate of return, risks or success through the use of the Platform or any of our products or services
(11) conduct or involve in any fraudulent trading activity (such as pump and dump schemes)
(12) engage directly or indirectly in any deceptive or fraudulent conduct to encourage, mislead, coerce or incentivise third parties from clicking or accessing the Affiliate Links
(13) Be redirected or cause to be redirected from any third-party websites or social media accounts imitating KCEX, including but not limited to the following situations:
(a) Redirected from pages similar to kcex.com, with an excessive amount of KCEX logos and/or other content;
(b) Redirected from accounts attempting to imitate KCEX’s social media accounts (Twitter, Facebook, Reddit, Instagram, etc);
(c) Redirected from URLs that are similar to the URL of KCEX (www.kcex.com), such as www.kcex.xxx.com;
(d) Redirected from any unofficial third-party URLs.
(14) register as an Affiliate to generate Commission for any self-trading and/or self-generated account, or through the use of multiple accounts controlled and/or otherwise registered by you. We reserve the right to make any adjustments to unpaid Commission or trace any Commission already paid to you at our absolute sole discretion.
4.3. You may conduct these efforts to promote, recommend or refer the Platform and our business in any manner of your choosing so long as it is not in contravention of this agreement, any of your obligations towards us, any obligations you may have towards a third party, or any law which may be applicable to you.
4.4. We reserve the right, but not the obligation to, close, forfeit, withdraw, freeze, terminate, adjust, reinstate and/or repudiate your Affiliate Account and retain, reclaim, and/or trace any Commission already paid to you, in our absolute sole discretion, if we determine that any of this Clause 4 or other terms of this Agreement has been violated to any extent.
5. Commissions
5.1. For your referral services, you are entitled to a certain amount of Commissions. Commissions are calculated by KCEX in its absolute sole discretion, taking into account the fees paid by your Referrals and the commission ratio applicable to you (the Applicable Commission Ratio), after deducting the trading fee discount offered by KCEX to a certain group of customers or Other Fees. Other Fees shall mean: Fees that are incurred by your Referrals due to the use of third-party trading tools, bonuses received by the Referrals, or other costs incurred by the Referrals during actual trading.
5.2. Any changes to your level of Applicable Commission Ratio will not apply retroactively to your Commission earned or will be earning prior to such change.
5.3. The latest Applicable Commission Ratio for each level can be found on the Affiliate Program page or alternatively, communicated to you by KCEX. KCEX may, in its absolute sole discretion, adjust the Applicable Commission Ratio based on the number of Referrals you bring in and/or the total trading volume generated by such new Referrals during a certain period of time, as determined by KCEX and communicated to you. Subject to the above, an upgrade to the next tier of the commission plan will not lead to retroactive payments.
5.4. You may apply to KCEX to change the status of Referral to your Affiliate (the 'Sub-Affiliate'), using a form and method as KCEX in its absolute sole discretion may decide, condition precedent on the Referral's successful application to become an Affiliate. KCEX shall have the right to either approve or deny such application for Sub-Affiliate in its absolute sole discretion taking into account all surrounding circumstances including the provisions of this Affiliate Agreement and the User Agreement.
5.5. You will have the right to distribute your sub-affiliate commission, once successfully applied for change the status of Referral according to 5.4.
5.6. Payment of your Commission will be paid in the cryptocurrencies based on the trades made by your Referrals and will be credited to your Affiliate Account once each trade is processed.
5.7. You will not be entitled to any commission from your own use of our Platform, products or services.
5.8. We shall not be liable for any lost opportunity to earn Commission due to any cause (such as but not limited to technical difficulties and/or system outages) that prevents us from registering any potential Referrals, executing trades, or offering any products or services to your Referrals or potential Referrals.
6. No Obligation
6.1. We shall not be under any obligation to accept and/or onboard any third party referred from your Affiliate Links.
6.2. We are also not under any obligation to provide you with any assistance to you under the Affiliate Program. Any assistance which we provide is on a goodwill basis and shall not be deemed to create any obligation on our part.
7. No Agency
7.1. You are an independent contractor and not an employee of KCEX. We will not provide any fringe benefits, including paid health insurance benefits, paid vacation or any other employee benefit.
7.2. Nothing in this agreement will be construed to create any association, partnership, joint venture, employee or agency relationship between you and us.
8. Intellectual Property
8.1. We grant you the non-exclusive right to use the trademark “KCEX” for the purpose of establishing a link to the Platform and our products and services and for no other purpose.
8.2. We continue to retain all ownership, right, title and interest in and to our trademarks, trade names, service marks, inventions, copyright, trade secrets, patent, technology, software and know-how related to the design, function or operation of the Platform, our websites, products and services (the “Intellectual Property”).
8.3. You will not, at any time, do or cause to be done any act or thing contesting or in any way impairing or tending to impair any of our right, title and interest in our Intellectual Property. Your rights are strictly limited to the rights expressly granted in this agreement.
9. Indemnification and Limitation of Liability
9.1. You shall, to the furthest extent permitted by law, indemnify and hold harmless KCEX and our respective officers, directors, members, employees, agents and representatives against all claims, liabilities, losses, expenses and fees, including attorney’s fees, costs and judgments that are or may be asserted against us that results from your act or omission including, without limitation, any breach of your obligations under this agreement.
9.2. Except as otherwise required by law, in no event shall either party be liable for any special, indirect, consequential or punitive damages, including but not limited to loss of profits, whether in an action in contract, tort or otherwise, arising out of or in any way connected with this agreement, provided that this limitation of liability shall not apply in the event of a party’s gross negligence, willful misconduct or fraud.
10. Changes
10.1. We reserve the right to vary the terms of the Affiliate Agreement at any time for any reason which we deem appropriate at our discretion.
10.2. Any changes to the Commission will not be applied retroactively to the Commissions which you earn or will be earning prior to the effective date of such change.
10.3. The latest Affiliate Agreement can be found on the Affiliate Program page. By continuing to participate in the Affiliate Program, you agree and accept to be bound by the latest Affiliate Agreement.
11. Termination
11.1. We reserve the right to terminate the Affiliate Program at any time for any reason at our discretion.
11.2. If your participation in the Affiliate Program is terminated due to any breach of your obligations herein, any outstanding Commission will be forfeited.
11.3. Otherwise, any Commission earned prior to the termination will still be available and paid to you up to the termination date.
11.4 Without prejudice to Clauses 11.1, 11.2, 11.3, above, in the event of any activity in your Affiliate Account or any other account which appears to be controlled or managed by you or any activity of your Referrals being deemed suspicious or potentially in breach of any provision of this Affiliate Agreement or KCEX User Agreement, as determined by KCEX in its absolute sole discretion, KCEX may withhold payment of the Commission(s) until it verifies the relevant transactions. If KCEX determines, in its absolute sole discretion, that the activity constitutes fraud traffic or breach of applicable law (including without limitation to any anti-money laundering regulations) or breach of any agreement between KCEX and the Affiliate or the Referrals, as the case may be, KCEX is entitled to terminate Affiliate Relationship between you and KCEX, and/or to cancel, recalculate or withhold your Commissions accordingly and to recall any Commissions that have already been paid out to you.
12. Miscellaneous
12.1. This agreement has been drafted in English. Although translations in other languages of this agreement may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of this agreement and any other translations thereof, the English language version of this agreement shall prevail.
12.2. This agreement embodies all the terms and conditions agreed upon and supersedes and cancels in all respects all previous agreements and undertakings, whether such be written or oral.
12.3. No failure to exercise, nor any delay in exercising, any right or remedy under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
12.4. No remedy conferred by any of the provisions of this agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise.
12.5. If any provision of this agreement is held to be illegal, invalid or unenforceable in whole or in part in any jurisdiction, this agreement shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision; and the legality, validity and enforceability of such provision in any other jurisdiction shall be unaffected.
12.6. This agreement shall be governed by, and construed in accordance with, the laws of Singapore.