Affiliate Terms & Conditions

1. Introduction to the Affiliate Terms & Conditions

   1. This Affiliation Agreement is made by and between LonghornFX, also referred to as “the Company”, and You, the “Affiliate”, the natural person or legal entity who is registering as a partner of the LonghornFX Affiliate Program. LonghornFX will approve the Affiliate’s application into the program once the Affiliate reads, acknowledges, and agrees to the terms and conditions detailed herein.

   2. Before ticking the box to sign up to the LonghornFX Affiliate Program, please read this Agreement in full. Ticking the box implies you agree to all the terms contained within this document, which may be amended from time to time.

   3. LonghornFX may, in its sole discretion, update or amend the terms of this Agreement at any time. Affiliates agree to read the terms of the contract published on the Company website on a regular basis.

   4. By agreeing to these terms, the Affiliate hereby states that:

      1. It will always have the capacity and authority to uphold this agreement.

      2. It has the necessary permission to provide the services and will notify the Company in writing in case of any changes at its earliest convenience.

      3. It will provide the services in a professional, appropriate, and legal manner in full compliance with the terms of this Agreement.

      4. It shall not make any promises regarding LonghornFX and its services to its clients.

      5. It shall not mislead clients or provide them with false or misrepresented information concerning the Company and its services.

   5. LonghornFX may, in its sole discretion, accept or reject potential customers offered by an affiliate. LonghornFX also reserves the right to terminate its business relationships with any client at any time.

   6. English shall be the governing language within this Agreement as well as within any additional amendments, legal documents, or other related documents, both published and as yet to be published. Other language translations are provided for convenience. If there is a discrepancy or inconsistency between the original English text and a translation, the original English version will prevail.

2. Definition of Terms

   1. The Affiliate, or Master Affiliate/IB, is defined as an independent party who has registered through the LonghornFX Affiliate program in order to promote and market LonghornFX’s platforms and services to new clients.

   2. The Client, or trader, is defined as any person who opens a trading account on the LonghornFX platform.

3. Affiliate Commitments

   For the duration this Agreement, the Affiliate agrees to fulfill the following obligations:

   1. Affiliates cannot alter marketing materials provided by LonghornFX.

   2. Affiliates may not use false information to attract additional customers.

   3. Affiliates may not create social media accounts that include the LonghornFX trademark in their site name and username.

   4. When promoting LonghornFX and its services, Affiliates are obliged to act on their own behalf and never on behalf of the Company.

   5. Affiliates may not run paid search engine advertisements, such as Google Ads, that make use of the Company’s marketing materials and branding.

4. Suspension of Agreement

   1. This Agreement comes into effect once the Affiliate has read and accepted the documentation, and may be terminated, effective immediately, by either party at any time.

   2. LonghornFX reserves the right to terminate this Agreement or suspend an Affiliate account without prior notice in the following circumstances:

      1. Malpractice

      2. Breach of terms

      3. Failure to provide genuine contact details

      4. Failure to respond to requests from LonghornFX account managers

   3. In the event of a suspension period, the Affiliate will retain any referrals within their account but will not earn outstanding commissions generated during this time.

5. Commission Payment Conditions

   1. Commissions are paid on a weekly basis, as each month closes. Commissions, of a minimum of $10, can also be paid upon request. Should the payment day fall on a public holiday or non-working day, it will be processed the day before or after.

   2. The LonghornFX Affiliate program operates on a Lifetime Commission basis, whereby affiliates will continue to receive commissions for the duration the affiliate’s clients trade on LonghornFX.

   3. The standard Affiliate commission rate is $3.00 per lot traded.

   4. Should the Company have reason to believe the Affiliate is in breach of this Agreement, commissions will not be paid out.

6. Data Protection

   1. Affiliates expressly acknowledge, accept, and agree not to attempt to access the personal information of LonghornFX clients.

   2. Affiliates expressly acknowledge, agree, and promise to comply with applicable data protection laws and regulations at all times.

   3. Personal data of potential clients is property of LonghornFX and may not be used or profited upon outside of and following the end of this Agreement.

   4. Reports or statistics containing sensitive customer data should not be shared with other parties.

7. Branding & Copyright Agreement

   1. The Affiliate acknowledges and agrees that LonghornFX’s intellectual property will be used legally and strictly in accordance with the Company’s branding guidelines. Intellectual Property refers to, but is not limited to, the following:

      1. Logos

      2. Banners & GIFs

      3. Taglines, content & literature

      4. Domain names

      5. Websites

      6. Business strategies

      7. Tables, charts & statistics

   2. The Affiliate agrees to display any LonghornFX intellectual property and marketing materials on its website solely for the purpose of marketing and promoting its services without manipulating or altering said intellectual property. Unauthorised use or modifications of intellectual property constitute a breach of contract, in which case the Company reserves the right to terminate this Agreement immediately.

8. Confidentiality Clause

   1. The Affiliate acknowledges and agrees that all information related to the Company’s business, whether expressly stated or not, is strictly confidential. Such information includes, but is not limited to, the contents of this Agreement, customer details, financial information, business plans and information, technical processes and formulas, and all other intellectual property.

   2. Both the Company and Affiliate agree to use the other party's Confidential Information only as necessary to fulfill the obligations set forth herein. Each party undertakes to take all reasonable steps to prevent the disclosure or use of Confidential Information.

9. Warranty Disclaimer

   1. LonghornFX makes no warranties hereunder and expressly disclaims all warranties, including: warranties of merchantability for a particular purpose; and warranties that the Company’s services, platforms, and products do not violate or infringe the intellectual property of third parties under any jurisdiction.

   2. The Affiliate acknowledges and agrees that LonghornFX’s services and products may not satisfy or be suitable for all clients and their respective requirements.

10. Limited Liability Agreement

    1. The directors, officers, employees, and related entities of LonghornFX are not liable for any losses or damages caused through direct or indirect use of its platforms, websites, and services.

    2. LonghornFX is not responsible for any means of electronic or online communications, which may affect the client’s equipment or their use of LonghornFX’s services. As such, LonghornFX is not liable to cover any claims, losses, damages, costs, or fees, including attorney's fees, related to such failures.

    3. Software and systems managed by LonghornFX, whether in its own capacity or on behalf of third parties, is not guaranteed to operate uninterrupted or error free at all times.

11. Terms of Repayment

    1. The Affiliate agrees to indemnify, defend and hold harmless the Company and its directors, officers, and employees with respect to any claim, demand, cause of action, debt or liability, brought by a third party, including reasonable attorneys’ fees, to the extent that such action is based upon or arises out of:

       1. breach or alleged breach of any representation, warranty or obligation under this Agreement

       2. gross negligence or willful misconduct

       3. any warranty, condition, representation, indemnity or guarantee relating to the Company and its platforms granted by the Affiliate to a third party.