Remuneration and Payment. 7.1. Subject to the provisions of this Clause 7 and subject at all times to the Affiliate being in full compliance with its obligations under this Agreement, the Affiliate shall be entitled to remuneration if a potential client referred by the Affiliate registers with any member of Licensed Companies accepting the Terms and Conditions, and continuously complies with the relevant compliance, anti-money laundering, know-your-customer requirements, trading and other terms and conditions. The Affiliate acknowledges, understands, agrees and accepts that the Licensed Companies retains at all times the sole right as to whether to accept a potential client as a Client of the Licensed Companies and that it will at no time be permitted to participate in Licensed Companies’ assessment of the knowledge and experience of the potential client of Financial Instruments or in the Licensed Companies’ assessment of the source of wealth and economic profile of the potential client for the purposes of Licensed Companies complying with its legal obligations pertaining to the combating of financial crime and money laundering, or in any other assessment or evaluation of the potential clients that Licensed Companies may undertake for any reason. 7.2. The amount of remuneration and or other payments (collectively the “Commission”) payable shall be as determined in accordance with the Insertion Order agreed between the Master Affiliate and the Affiliate and as may be changed from time to time, at the sole discretion of the Master Affiliate, with prior notice to the Affiliate. Notwithstanding anything to the contrary in this Agreement or in any Insertion Order, no remuneration will be payable to the Affiliate prior to the registration and compliance with the other conditions referred to herein of five (25) potential clients referred by the Affiliate who make a minimum required deposit as determined by Licensed Companies and open and close at least one trade (the "Minimum NAC Requirement"). Once the Minimum NAC Requirement has been achieved, remuneration will be payable to the Affiliate with respect to all Clients referred by the Affiliate from the first such Client, all in accordance with the other provisions of this Agreement and any applicable Insertion Order. FOR THE AVOIDANCE OF ANY DOUBT IT IS HEREBY CLARIFIED THAT THE MASTER AFFILIATE RESERVES THE RIGHT, AT ITS SOLE AND ABSOLUTE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE, AT ANY TIME, ANY CRITERIA APPLYING TO ANY COMMISSIONS, INCLUDING WITHOUT LIMITATION, SETTING ANY BASELINE, THRESHOLD, MINIMUM DEPOSITS/EARNINGS AND/OR OTHER REQUIREMENT(S) FOR RECEIVING ANY COMMISSION. 7.3. The Master Affiliate shall within 15 (fifteen) Business Days of the end of each calendar month in which any Clients referred by the Affiliate had any trading activity in their trading accounts with Licensed Companies make payment as per the agreed Insertion Order. 7.4. The Master Affiliate shall have a right to suspend and/or withhold any accrued but unpaid Commissions in the event of breach by the Affiliate of any provision of this Agreement or of any applicable law or if the Master Affiliate has a reason to believe that there is a Non-Qualified Traffic (as shall be defined in section 7.5 below) in the Affiliate account. In the event that the Master Affiliate determines the activity constitutes Non-Qualified Traffic, the Master Affiliate shall recalculate or withhold the Commissions accordingly and in its sole discretion. It is hereby further clarified that in any event that the Master Affiliate determines that the suspected transactions are in fact Non-Qualified Traffic, the Master Affiliate shall have the right, in addition to any other right or remedy available to it under this Agreement or applicable law, to render the link assigned to such Affiliate inoperative, to change the Affiliate’s compensation plan (including retroactively) and immediately block Affiliate's access to the Master Affiliate’s affiliate program, with no compensation to Affiliate. Affiliate hereby irrevocably waives any claim or demand against the Master Affiliate, its affiliates, its directors, officers, shareholders, employees in respect of such action taken by the Master Affiliate.
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Remuneration and Payment. 7.1. Subject to 4.1 The Company will pay the provisions Affiliate remuneration in accordance with Appendix 1 of this Clause 7 and subject at all times Agreement.
4.2 It is agreed by both Parties that the payment by The Company to the Affiliate being as described in full compliance with Appendix 1, will be reviewed annually by both Parties. It is agreed and understood by both Parties that The Company will have the absolute right to change the payment described in Appendix 1 of the present Agreement, before the annual revision of such by the Parties. The Company shall not be obliged to provide any justification to the Affiliate for its obligations under decision to alter the remuneration rates.
4.3 The Company reserves the right to amend the remunerations and any fees charged or earned on a Referred Client’s account as the case may be without any obligation of informing the Affiliate regarding this change. The Affiliate’s remuneration rates will be increased or reduced accordingly.
4.4 The Affiliate understands and agrees that the Company reserves the right to cease commission payment, at its sole discretion, if the Company determines that the Affiliate is not adhering to the provision of this Agreement, or to the ethical business conduct and overall business performance that the Company expects of its Affiliates. Furthermore, The Affiliates understands that The Company, at its sole discretion, in case the Affiliate shall be entitled and/or its referred Clients use any dishonest or fraudulent styles / schemes or in case the Company believes at its sole discretion that a Client account has been involved in any fraud or suspicious activity, then the Company has the right to remuneration if a potential client referred by void the Affiliate registers with any member of Licensed Companies accepting the Terms Agreement and Conditions, and continuously complies with the relevant compliance, anti-money laundering, know-your-customer requirements, trading and other terms and conditions. cancel
4.5 The Affiliate acknowledges, understands, agrees should not accept and accepts that the Licensed Companies retains at all times the sole right as to whether to accept a potential client as a Client of the Licensed Companies and that it will at no time be permitted to participate keep any client’s money in Licensed Companies’ assessment of the knowledge and experience of the potential client of Financial Instruments or in the Licensed Companies’ assessment of the source of wealth and economic profile of the potential client for the purposes of Licensed Companies complying with its legal obligations pertaining relation to the combating of financial crime and money laundering, or in any other assessment or evaluation of the potential clients that Licensed Companies may undertake for any reasonservices offered by The Company.
7.2. 4.6 The Affiliate’s remuneration will be exclusively paid by The Company to the Affiliate’s Rebate Account that will be solely used for receiving the remunerations agreed in Appendix 1.
4.7 The Company will calculate the amount of remuneration and or other payments (collectively the “Commission”) payable shall be as determined in accordance with Appendix 1. Affiliate will examine the Insertion Order agreed between amount promptly upon receipt and will promptly notify The Company of any errors therein. An amount shall be deemed correct and conclusive if The Company does not receive the Master Affiliate and Affiliate’s written objection within five (5) days from the Affiliate and as may be changed from time to time, at date of sending the sole discretion of the Master Affiliate, with prior notice amount to the Affiliate. Notwithstanding anything to the contrary in this Agreement or in any Insertion Order, no remuneration will be payable to the Affiliate prior to the registration and compliance with the other conditions referred to herein of five (25) potential clients referred by the Affiliate who make a minimum required deposit as determined by Licensed Companies and open and close at least one trade (the "Minimum NAC Requirement"). Once the Minimum NAC Requirement has been achieved, remuneration will be payable to the Affiliate with respect to all Clients referred by the Affiliate from the first such Client, all in accordance with the other provisions of this Agreement and any applicable Insertion Order. FOR THE AVOIDANCE OF ANY DOUBT IT IS HEREBY CLARIFIED THAT THE MASTER AFFILIATE RESERVES THE RIGHT, AT ITS SOLE AND ABSOLUTE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE, AT ANY TIME, ANY CRITERIA APPLYING TO ANY COMMISSIONS, INCLUDING WITHOUT LIMITATION, SETTING ANY BASELINE, THRESHOLD, MINIMUM DEPOSITS/EARNINGS AND/OR OTHER REQUIREMENT(S) FOR RECEIVING ANY COMMISSION.
7.3. 4.8 The Master Affiliate shall agrees and understands that eligibility to variable remuneration within 15 (fifteen) Business Days Appendix 1 is subject to acting in the best interests of the end of each calendar month in which any Company’s Clients referred by the Affiliate had any trading activity in their trading accounts with Licensed Companies make payment as per the agreed Insertion Order.
7.4. The Master Affiliate shall have a right to suspend and/or withhold any accrued but unpaid Commissions in the event of breach by the Affiliate of any provision of this Agreement or of any applicable law or and will not be awarded if the Master Affiliate has a reason to believe that there is a Non-Qualified Traffic (as shall be defined in section 7.5 below) in the Affiliate account. In the event that the Master Affiliate determines the activity constitutes Non-Qualified Traffic, the Master Affiliate shall recalculate or withhold the Commissions accordingly and in its sole discretion. It is hereby further clarified that in any event that the Master Affiliate determines that the suspected transactions are in fact Non-Qualified Traffic, the Master Affiliate shall have the right, in addition to any other right or remedy available to it under this Agreement or applicable law, to render the link assigned to such Affiliate inoperative, to change the Affiliate’s compensation plan (including retroactively) and immediately block Affiliate's access to the Master Affiliate’s affiliate program, with no compensation to Affiliate. Affiliate hereby irrevocably waives any claim or demand against the Master Affiliate, its affiliates, its directors, officers, shareholders, employees in respect of such action taken by the Master Affiliate.was achieved
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Sources: Affiliate Agreement