TERMS AND CONDITIONS

The Best Binary Options Affiliate Offers

Affiliate Program Operating Agreement This Affiliate Program Operating Agreement (the "Agreement") is made and entered into by and between VIP Affiliates ("VIPaffiliates" or "we"), which is owned and operated by Red Sunset Holdings Ltd., a British Virgin Islands company (Company No. 1701909) located at Palm Grove House, P.O. Box 438, Road Town, Tortola, BVI, and you, ("you" or "Affiliate") the party submitting an application to become a VIPaffiliates affiliate). The terms and conditions contained in this Agreement apply to your participation with vipaffiliates.com ("Affiliate Program"). Each Affiliate Program offer (an "Offer") may be for any offering by VIPaffiliates or a third party (each such third party a "Client" or "Partner") and may link to a specific web site for that particular Offer ("Program Web Site" or "Provider Web Site"). Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.

  1. GENERAL

    1. Each Campaign Material will state the payment model and the terms under which Partners shall become entitled to Lead Fees and any other payments. The payment models offered by Brokers may include (but are not limited to) one or more of the following: (a) Cost Per Action ( “CPA”), according to which the Lead Fee is subject to the amount deposited by the Verified Lead in his/her trading account; (b) Revenue Share (or “RevShare”), according to which the Lead Fee is subject to the volume of trading executed by the Verified Lead; or (c) a hybrid of CPA and RevShare.

    2. Partner shall promptly inform VIPaffiliates of any information known to the Partner that could be used in, or lead to, a claim, demand or liability of or against VIPaffiliates.

    3. Partner shall comply with all applicable laws, regulations and directives in performing activities permitted or obligated under this Agreement.

    4. VIPaffiliates may share and disclose any data and information, including personally identifiable information about you, with VIPaffiliates's affiliates and with any Broker (Partner) for the purpose of fulfilling VIPaffiliates's obligations under these Terms.

    5. If the performance of any part of this Agreement by either the Partner or VIPaffiliates is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action (including without limitation any law, regulation or embargo), administrative action (including without limitation the refusal of a governmental agency to issue any relevant license), labor disputes, acts of god or any cause beyond the reasonable control of that either party, such affected party shall be excused from such performance to a reasonable extent necessary under the circumstances, shall mitigate any damages resulting from its limited performance and shall resume its performance as soon as reasonably practicable.

    6. The relationship between each Partner and VIPaffiliates is that of an independent contractor. Neither party is, nor shall be construed, as an employee, agent, or representative of the other. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, nor incur any obligation or liability of, nor otherwise bind, the other party.

    7. All communications under this Agreement shall be made in writing by either party or its authorized representative. Furthermore, Partner expressly agrees that VIPaffiliates may record any phone conversation between the Partner or Client and VIPaffiliates throughout the duration of this Agreement.

    8. Failure by either party to exercise, enforce or insist upon any right or obligation under the Terms shall not be deemed a waiver or forbearance of such right or obligation. Any waiver of a particular right shall not extend to other rights in the Terms, and shall not be construed as a continual waiver thereof.

    9. The section headings appearing in the Terms are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or extent of such section or in any way affect this Agreement.

    10. Partner may not assign or transfer this Agreement, or any right or obligation hereunder, to any third party without the prior written consent of VIPaffiliates.

    11. The Terms may be amended or modified by VIPaffiliates from time to time. All such changes shall be effective ten (10) days following the posting of the revised Terms on this website, and your continued performance under this Agreement shall constitute your consent to such revised Terms.

      These Terms, including any Schedules attached hereto, constitute the entire agreement between the Partner and VIPaffiliates for the purposes mentioned herein.

      Section "General" shall survive any termination of this Agreement
       

  2. Enrollment in the Affiliate Program

    You must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.
     

  3. Obligations of the Parties

    Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, VIPaffiliates agrees as follows:

    1. We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.

    2. We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.

    3. We will pay Affiliate for each Qualified Action (the "Commission"). A "Qualified Action" means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not the affiliate themselves, (iv) is not using pre-populated fields (v) completes all of the information required for such action within the time period allowed by VIPaffiliates and (vi) is not later determined by VIPaffiliates to be fraudulent, incomplete, unqualified or a duplicate.

    4. We will pay you any Commissions earned monthly, provided that your account is currently greater than $0. Accounts with a balance of less than $0 will roll over to the next month, and will continue to roll over monthly until $0 is reached. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.

    5. Payment for Commissions is dependent upon Clients providing such funds to VIPaffiliates, and therefore, you agree that VIPaffiliates shall only be liable to you for Commissions to the extent that VIPaffiliates has received such funds from the Clients. You hereby release VIPaffiliates from any claim for Commissions if VIPaffiliates has not received such funds from the Clients.

    6. VIPaffiliates shall automatically generate an invoice on behalf of Affiliate for all Commissions payable under this Agreement and shall remit payment to Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by VIPaffiliates in its sole discretion. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to VIPaffiliates in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice.

    7. If Affiliate has an outstanding balance due to VIPaffiliates under this Agreement or any other agreement between the Affiliate and VIPaffiliates, whether or not related to the Affiliate Program, Affiliate agrees that VIPaffiliates may offset any such amounts due to VIPaffiliates from amounts payable to Affiliate under this Agreement.

    Affiliate also agrees to:

    1. Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.

    2. Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that VIPaffiliates informs you that it considers objectionable (collectively, "Objectionable Content").

    3. Not make any representations, warranties or other statements concerning VIPaffiliates or Client or any of their respective products or services, except as expressly authorized herein.

    4. Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by VIPaffiliates or Clients or a part of the Program Web Site, without prior written permission from us.

    5. Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.

    6. Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.

    7. Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.

    8. Always prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Affiliate Program and the provision of such personally identifiable information to VIPaffiliates and Clients for use as intended by VIPaffiliates and Clients.

    9. Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by VIPaffiliates or Client, or as required by applicable laws regarding such Offers.

    10. Make sure to not place VIPaffiliates or Partners ads on any online auction platform (i.e. eBay, Amazon, etc).

    The following additional program-specific terms shall apply to any promotional programs set forth below:

    1. Email Campaigns. All email campaigns must abide by the CAN-SPAM Act.

    2. Advertising Campaigns. No Links for clients can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by VIPaffiliates in writing. Any pop-ups/unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall only have been installed on an end-user's computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.

    3. Affiliate Network Campaigns. For all Affiliate's that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate network (the "Network") for access and use by those affiliates in Affiliate's Network (each a "Third Party Affiliate"). Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any way. Affiliate agrees to maintain its Network according to the highest industry standards. Affiliate shall not permit any party to be a Third Party Affiliate whose web site or business model involves content containing Objectionable Content. All Third Party Affiliates must be in good standing with Affiliate. Affiliate must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links, Affiliate shall promptly disclose to VIPAffiliates the identity and contact information for such Third Party Affiliate. Affiliate shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate their access to future Offers of VIPaffiliates in the Network upon written notice from VIPaffiliates. Unless VIPaffiliates has been provided with all truthful and complete contact information for a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this Agreement as recorded by VIPaffiliates, Affiliate shall remain liable for all acts or omissions of any Third Party Affiliate.
       

  4. Confidentiality

    Except as otherwise provided in this Agreement or with the consent of VIPaffiliates, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.

    Obligations. You undertake to use, treat, and share Confidential Information only as a necessary means for performing your obligations, or refraining from violations, under the Terms. To this end, you agree to adopt measures and take steps at least substantially equivalent to the measures and steps taken by you in protecting your own confidential and proprietary information; in particular, to prevent duplication, disclosure, and unnecessary use of the Confidential Information.

    Workers. In the event that you share Confidential Information, in accordance with this , with your employees, agents, subcontractors, or other similarly situated persons (“Workers”), you shall legally bind such Workers (by contract or otherwise) to use and treat Confidential Information in strict accordance with this Section Confidentiality.

    Required by Law. Notwithstanding the above, disclosure of Confidential Information shall be permitted if required by any law, regulation, or order of any court holding competent jurisdiction over you and the subject-matter of the Terms.

    Non-Confidential Information. Confidential Information shall not include any information which is (a) independently developed or created by you without breaching the Terms, or (b) lawfully obtained by you from a source other than the Broker or VIPaffiliates; or (c) publicly known and/or made generally available in the public domain either prior to or after the time of disclosure through no wrongful act committed by you.

    EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR WITH THE CONSENT OF VIPAFFILIATES, YOU AGREE THAT ALL INFORMATION, INCLUDINGING, WITHOUT LIMITATION, THE TERMS OF THIS AGREEMENT, BUSINESS AND FINANCIAL INFORMATION, CUSTOMER AND VENDORS LISTS, AND PRICING AND SALES INFORMATION, CONCERNING US OR ANY OF OUR AFFILIATES PROVIDED BY OR ON BEHALF OF ANY OF THEM SHALL REMAIN STRICTLY CONFIDENTIAL AND SECRET AND SHALL NOT BE UTILIZED, DIRECTLY OR INDIRECTLY, BY YOU FOR ANY PURPOSE OTHER THAN YOUR PARTICIPATION IN THE AFFILIATE PROGRAM, EXCEPT AND SOLELY TO THE EXTENT THAT ANY SUCH INFORMATION IS GENERALLY KNOWN OR AVAILABLE TO THE PUBLIC THROUGH A SOURCE OTHER THAN YOU. AFFILIATE SHALL NOT USE ANY INFORMATION OBTAINED FROM THE AFFILIATE PROGRAM TO DEVELOP, ENHANCE OR OPERATE A SERVICE THAT COMPETES WITH THE AFFILIATE PROGRAM, OR ASSIST ANOTHER PARTY TO DO THE SAME.
     

  5. Limited License & Intellectual Property

    We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Web Site.

    You may not alter, modify, manipulate or create derivative works of the Links or any VIPaffiliates graphics, creative, copy or other materials owned by, or licensed to, VIPaffiliates in any way unless expressed by VIPaffiliates in writing. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of VIPaffiliates's trademarks, service marks, copyrights, patents or trade secrets. You agree that VIPaffiliates may use any suggestion, comment or recommendation you choose to provide to VIPaffiliates without compensation. All rights not expressly granted in this Agreement are reserved by VIPaffiliates.
     

  6. Termination

    This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all VIPaffiliates or Client intellectual property, and will cease representing yourself as a VIPaffiliates or Client affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
     

  7. Remedies

    In addition to any other rights and remedies available to us under this Agreement VIPaffiliates reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) VIPaffiliates determines that you have violated this Agreement, (ii) VIPaffiliates receives any complaints about your participation in the Affiliate Program which VIPaffiliates reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, VIPaffiliates reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
     

  8. Anti-Spam Policy

    You must strictly comply with the federal CAN-SPAM Act of 2003 (the "Act"). All emails sent in connection with the Affiliate Program must include the appropriate party's opt-out link. From time to time, we may request - prior to your sending emails containing linking or referencing the Affiliate Program that you submit the final version of your email to VIPaffiliates for approval by sending it to your VIPaffiliates representative and upon receiving written approval from VIPaffiliates of your email the email may be transmitted to third parties.

    It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon VIPaffiliates's approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon VIPaffiliates's approval.

    It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon VIPaffiliates's approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon VIPaffiliates's approval.
     

  9. Fraud

    You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. VIPaffiliates shall make all determinations about fraudulent activity in its sole discretion.

    VIPaffiliates reserves the right to withhold affiliate commissions that are generated by an affiliate who has signed up with an advertiser and generated earnings from their own personal account or a third party using an affiliate's personal account. VIPaffiliates also reserves the right to withold earnings from affiliates that collude and/or in any way coordinate with a third-party to sign up to advertiser properties using the affiliate's account with the purpose of generating commissions in a unnatural or inorganic manner or in a way that is any way meant to deceive VIPaffiliates and/or the advertisers featured on VIPaffiliates.

    VIPaffiliates reserves the right to withhold any affiliate commissions that are generated by an affiliate who is under suspicion of fraud for an indefinite period of time.

    VIPAffiliates reserves the right to withhold first-time commissions until affiliates provide: 1. National ID card demonstrating proof of identity; 2. Utility bill from within the past 3 months that demonstrates residency in a particular country; and 3. Proof of ownership over the payment method selected as the default payment method in the affiliate's VIPAffiliates account.
     

    High Risk Countries

    Due to the risk of fraud from specific countries VIPaffiliates reserves the right to withhold affiliate commissions or provide less compensation for customers that are generated by an affiliate who has generated customers from these locations. These locations include but are not limited to Afghanistan,Albania,Algeria,Angola,Armenia,Azerbaijan,Belarus,Bosnia-Herzegovina,Bulgaria,Burundi,Cambodia,Congo Brazzaville,Croatia,Cuba,Ecuador,Egypt,Eritrea,Ethiopia,Georgia,Guatemala,Israel,Kazakhstan,Kirghistan,Laos,Liberia,Libya,Macedonia,Malaysia,Moldova,Mongolia,Myanmar (Burma),Nigeria,North Korea,Pakistan,Philippines,Republic of Central Africa,Romania,Russian federation,Rwanda,Sierra Leone,Sudan,Surinam,Tajikistan,Turkmenistan,Ukraine,Uzbekistan/ouzbekistan,AYemen,Yugoslavia,Zaire .

    VIPaffiliates reserves the right to withhold OR reduce any affiliate commissions that are generated by an affiliate who is providing customers from the above stated countries.
     

  10. Representations and Warranties

    You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, VIPaffiliates represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to VIPaffiliates's own business operations or VIPaffiliates's proprietary products or services.
     

  11. Modifications

    You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, VIPaffiliates represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to VIPaffiliates's own business operations or VIPaffiliates's proprietary products or services.
     

  12. Independent Investigation

    You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.
     

  13. Mutual Indemnification

    Affiliate hereby agrees to indemnify, defend and hold harmless VIPaffiliates and Clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links, Offers or VIPaffiliates or Client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).

    VIPaffiliates hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on a claim that VIPaffiliates is not authorized to provide you with the Links.
     

  14. Disclaimers

    THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE "AS IS". EXCEPT AS EXPRESSLY SET FORTH HEREIN, VIPAFFILIATES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. VIPAFFILIATES DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE'S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. VIPAFFILIATES EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. VIPAFFILIATES DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
     

  15. Limitation of Liability

    IN NO EVENT SHALL VIPAFFILIATES BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF VIPAFFILIATES. IN NO EVENT WILL VIPAFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT VIPAFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. VIPAFFILIATES'S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY VIPAFFILIATES IN COMMISSIONS DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM. VIPAFFILIATES IS IN NO WAY LIABLE, RESPONSIBLE, ACCOUNTABLE FOR ANY FINANCIAL LOSSES AND/OR OTHER DAMAGE OR NEGATIVE REPERCUSSIONS THAT MAY BE INCURRED AS A RESULT OF USE OF THE PRODUCTS AND/OR SERVICES THAT ARE PROMOTED VIA THE VIPAFFILIATES NETWORK. USE OF SUCH PRODUCTS AND/OR SERVICES SHOULD BE CARRIED OUT ONLY AFTER CAREFUL EXAMINATION OF THE SPECIFIC PRODUCT'S AND/OR SERVICE'S TERMS AND CONDITIONS AND OTHER WARRANTIES IF APPLICABLE.
     

  16. Governing Law & Miscellaneous

    Affiliate shall be responsible for the payment of all attorneys fees and expenses incurred by VIPaffiliates to enforce the terms of this Agreement. This Agreement contains the entire agreement between VIPaffiliates and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that VIPaffiliates shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether VIPaffiliates "clicks through" or otherwise indicates its acceptance thereof. Affiliate may not assign all or any part of this Agreement without VIPaffiliates's prior written consent. VIPaffiliates may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions of Section 3, 4(b), 6, 7, 8, 12-15 and any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
     

  17. CFTC Disclaimer

    All affiliates associated and working with VIP Affiliates must feature the following disclaimer at the bottom of of all webpages, marketing emails, or other marketing and/or advertising items where products and services promoted through VIP Affiliates are featured. Failure to comply with this clause may result in the affiliate account being blocked and potential forfeiture of all earnings.

    Disclaimer: (Insert Name of Company or Website), warns that trading in foreign exchange (“Forex”) and Binary Options can incur a risk of substantial losses as well as profits. Please consider carefully whether such trading is suitable for you based on your financial health and ability to handle financial risks. Before trading or investing in Forex you should read the NFA and CFTC Required Disclaimer, the U.S. Government Required Disclaimer, and the Website Disclaimer. Binary Options brokers are not regulated or registered by the CFTC; potential Binary Options traders please consider the significant risk depositing money with unregulated Binary Options brokers.

    NFA and CTFC Required Disclaimers: Trading in the Foreign Exchange market or with Binary Options is a challenging opportunity where above average returns are available for educated and experienced investors who are willing to take above average risk. However, before deciding to participate in Foreign Exchange (FX) or Binary Options trading, you should carefully consider your investment objectives, level of experience and risk appetite. Do not invest money you cannot afford to lose.

    CFTC Rule 4.41: Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown. No representation is being made that any account will, or is likely to achieve profits or losses similar to those discussed within this site, support and texts. Our course(s), products and services should be used as learning aids only and should not be used to invest real money. If you decide to invest real money, all trading decisions should be your own.

    Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

    U.S. Government Required Disclaimer: Forex, Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures, stocks or options on the same. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results. No guarantee is made that you will be able to replicate the same results.

    (Insert website name) Disclaimer: (insert company name or website name (“we”), make the website (website name) available as an online source of Foreign exchange trading information (“Forex”) and Binary Option trading information; the related-materials on this website where not necessarily created by investing professionals or certified or licensed professionals. By using (Website name) you acknowledge and understand that we are not soliciting participation in Forex trading or Binary Options trading. You also acknowledge and agree that there are large potential risks associated with investment and trading activity and that you have accepted such risks before deciding to invest and before deciding to use (website name) as a source of instant trading-related information and materials.

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