Start Earning Today: Our payment schedule is set for the 15th of each month, covering commissions earned over $100 from the previous month. Additionally, our system will automatically deactivate any affiliate whose commissions for the last 30 days are under $100.
Prohibited Practices: Utilizing coupon codes or affiliate links within your personal network, such as among family and friends within the same household, will result in immediate termination from our affiliate program. The purpose of having coupon codes or serving as an affiliate is to actively promote our website, not to secure additional discounts when your spouse makes purchases from us.
Cookie Stuffing: Affiliates agree not to engage in Cookie Stuffing. Cookie Stuffing is a dishonest practice where one or more cookies are placed on a user's device without their consent. Day Traders' affiliate framework provides publishers with links to promote Day Traders, so when a user sees something of interest and clicks on one of these tracking links, a cookie is placed on their computer to associate that user with the affiliate who encouraged them to visit Day Traders. This cookie is valid for 30 days, although it may be shorter if the user clicks through a different link from another affiliate. Day Traders has a robust system of checks and audits to catch those who use this unethical tactic.
Examples of Cookie Stuffing: A user visits a website and receives a Day Traders cookie without clicking anything. A user visits a social media site, clicks through to what they think is a news article on current politics, and receives a Day Traders cookie on their system. A user visits a website, sees a pop-up for a new Weather app, clicks it, and receives a Day Traders cookie.
DAY TRADERS AFFILIATE AGREEMENT
THIS AFFILIATE AGREEMENT (“Agreement”) provides the terms and conditions of the relationship between Day Traders LLC, formed in the State of Nevada at 2300 W Sahara Ave, Las Vegas NV 89102, (“Company”, “we”, “us”, or “our”) and Affiliate, (“Affiliate”, “you” or “your”) in order to participate in the Day Traders Affiliate Program (“Program”), to refer traffic to the Company's website. Company and Affiliate may be referred to from time to time individually as a “Party” or collectively as the “Parties”.
Recitals
WHEREAS, the Company is the sole owner and operator of the website known as DayTraders.com (“Site”); and
WHEREAS, the Company has created a Program that enables Affiliates to refer internet traffic to the Site from the website(s) or advertising networks of others in exchange for agreed consideration;
WHEREAS, the Company Terms of Use, Privacy Policy, and all other website documentation located on DayTraders.com is incorporated by reference herein;
WHEREAS, the Affiliate has a platform or network suitable for referring potential Customers to the Company (“Affiliate Site”);
WHEREAS; the Company desires to compensate the Affiliate for successful referrals based on the terms outlined in this Agreement; and
WHEREAS, You desire to participate in the Program, as evidenced by your application, which application the Company may approve or disapprove, in its sole discretion.
NOW THEREFORE, and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:
Section 1 Definitions.
Capitalized terms used and not otherwise defined in this Agreement shall have the following meanings:
“Affiliate Payout Day” means the first day of the Calendar Month, and the Affiliate Payout may occur on or before the 15th day of the Calendar Month following the occurrence of a purchase of a Day Traders product. For example, if a product is purchased on August 8th, your payout day would be on or before September 15th.
“Completed Transaction” means the goods or services of the Company are ordered by a Customer and have subsequently been delivered, the return or refund period has expired, and 15 days have elapsed since the goods or services were paid in full.
“Customer” means any person or party who purchases goods or services on the Site after connecting to the Site from the Affiliate Site.
“Calendar Month” means the first of the month through the last calendar day of the month.
“Links” mean the banner, buttons, coding, or another manner in which a Customer is referred by one site to the Site for the purpose of promoting the sale of goods or services on the Site. The Links are prepared to track Customers who are directed from the Affiliate Site to the Site for the purposes of purchasing the goods or services of the Company.
“Net Sale Price” means the total amount received in US Dollars (after conversion from non-US currency to US Dollars, if necessary) from the Customer less (i) any tax collected by the Company for or on behalf of any governmental or taxing authority (such as a sales tax or VAT), (ii) shipping and handling charges, (iii) restocking fees, (iv) credit card or other charges attributable to the payment method used by the Customer, (v) currency conversion fees, or (vi) discounts, credit, or allowances granted by the Company in its sole and absolute discretion.
Section 2 Affiliate Sites and Content.
2.1 You have the sole and exclusive responsibility and liability for the development, operation, maintenance, and all materials and content that appear on the Affiliate Site. You shall operate and maintain the Affiliate Site in accordance with all applicable laws, rules, and regulations. You shall make no false or misleading statements in any of your advertising.
2.2 You further agree to place one or more Links on the Affiliate Site and social media outlets, in accordance with the terms and conditions of this Agreement.
2.3 We reserve the exclusive right to monitor the Affiliate Site to determine if you are in compliance with this Agreement.
2.4 Company shall not be responsible for any Fees, including lost Fees, if you fail to use the exact Links provided to you by the Company, or if you do not properly install and implement those Links in strict accordance with Company’s requirements. It is your sole responsibility to ensure the Links are correctly integrated and functional so that Customer traffic is accurately tracked and attributed to the Affiliate Site. If the Links are not properly installed or are modified in any way that prevents proper tracking, resulting in the inability to confirm that a Customer originated from the Affiliate Site, you will forfeit any rights to receive Fees.
2.5 DayTraders.com is committed to ethical marketing practices. Affiliates are strictly prohibited from engaging in any of the following activities:
2.5.1 SPAM / Unsolicited Email Promotion: Affiliates may not use unsolicited emails (SPAM) to promote DayTraders.com. Emails may only be sent to individuals who are known to the Affiliate or have given explicit permission to receive marketing communications relevant to trading, funding, or similar services.
2.5.2 Pop-up/Pop-under Advertising: Affiliates are prohibited from using pop-up or pop-under advertising to promote their affiliate link for DayTraders.com.
2.5.3 Unauthorized Coupon Use: Affiliates may not promote coupons or promo codes that are not specifically assigned to their account.
2.5.4 Comment SPAM: Posting referral links on unrelated blogs, social networks, message boards, or forums is prohibited. Referral links may be shared only in relevant discussions about trading, funding, or prop firm services, or in forum signatures. Automated bots for posting affiliate links are strictly prohibited.
2.5.5 Black Hat SEO Techniques: Affiliates may not employ "Black Hat" SEO tactics on their websites, including but not limited to keyword stuffing, invisible text, or doorway pages.
2.5.6 Bidding on Prohibited Keywords: Affiliates are not allowed to bid on any advertising system (such as Google Adwords) for specific keywords including, but not limited to, "Day Traders," "Day Traders Funding," or variations and misspellings thereof.
2.5.7 Offering Incentives: Affiliates may not offer any cash back, discounts, or other rewards as incentives to users for clicking on their affiliate links, except where explicitly permitted by DayTraders.com program.
2.5.8 Intellectual Property Infringement: Affiliates may not use DayTraders.com Trade Marks (e.g., “DayTraders.com”) in their domain names or any manner that violates intellectual property rights. Affiliates may only use DayTraders.com Trade Marks to the extent required for promoting the affiliate link in permitted contexts.
2.5.9 Promotion on Inappropriate Websites: Affiliates may not place affiliate links on websites with content that is unlawful, harmful, threatening, or otherwise objectionable, or that promotes or facilitates illegal file sharing, copyright infringement, hacking, or other illegal activity.
2.5.10 Self-Purchase Prohibition: Affiliates may not use their own affiliate link to purchase DayTraders.com subscriptions or services for personal use.
2.5.11 Illegal Marketing Practices: Any form of illegal marketing to promote DayTraders.com services is strictly prohibited. Affiliate shall not make any false, misleading, deceptive, or unauthorized statements, claims, or representations regarding the Company, its products, services, promotions, marketing materials, business operations or its agents. Any marketing or promotional materials used by the Affiliate must be truthful, accurate, and fully compliant with all applicable laws, regulations, and industry standards. The Affiliate shall be solely liable for any misrepresentation or violation of this provision. If any of the aforementioned events occur, Affiliate will be terminated effective immediately from promoting any Day Trader’s products.
2.6 Compliance, Termination, and Remediation
2.6.1 Immediate Termination for Forbidden Promotion: If any forbidden promotion method is used, the Affiliate’s account will be terminated immediately. If you have any doubts as to whether your promotional approach or materials align with DayTraders.com policies, please consult your account manager for clarification.
2.6.2 Commission and Chargeback Policy: Failure to comply with promotion rules may result in removal from the DayTraders.com Affiliate Program and cancellation of all pending commissions. If a Customer referred by the Affiliate initiates a chargeback, refund, or cancellation, the corresponding commission will be revoked. If commissions have already been paid, DayTraders.com reserves the right to deduct the relevant amount from the next payment due to the Affiliate.
2.6.3 Account Review for High Chargebacks or Fraud Suspicion: If the rate of chargebacks, refunds, or cancellations associated with the Affiliate’s account is unusually high or DayTraders.com suspects fraudulent activity, DayTraders.com reserves the right to impose restrictions on the account. This includes but is not limited to, suspending the account, retaining all funds in the account, and initiating a full investigation. DayTraders.com may also report any suspected fraud to relevant authorities or third parties. Account restrictions will only be lifted when DayTraders.com is satisfied that all concerns have been resolved.
2.7. Each Party may, at its sole discretion, provide the other with a commercially reasonable quantity of its marketing materials to best enable the other Party's sales and marketing teams to familiarize themselves with and promote its goods or services. If the Parties determine it to be mutually beneficial, they shall develop joint materials to promote both Parties' offerings with the costs of any such materials to be shared equally between the Parties. Neither Party shall create marketing materials that refer to the other Parties without first obtaining approval of said materials from the other Party. Notwithstanding the foregoing, all marketing materials jointly created or developed under this Agreement shall be the exclusive property of the Company unless otherwise expressly agreed in writing by the Parties prior to their creation.
2.8 The Parties further acknowledge and agree that neither Party shall be entitled to any compensation, fees, or other remuneration from the other for any marketing materials jointly created pursuant to this Agreement.
2.9 All marketing materials disclosed by Company to Affiliate pursuant to this Agreement shall be deemed strictly confidential and shall not be disclosed to any third party for any reason without the prior written consent of the Company. Affiliate shall use such materials solely for the purposes expressly permitted under this Agreement and shall ensure that such materials conform to and are subject to all confidentiality obligations set forth herein. Furthermore, Affiliate shall protect and safeguard the confidentiality of the Company’s Confidential Information.
2.10 The Affiliate shall strictly comply with Company’s branding and usage guidelines when using Company’s name, trademarks, logos, or any other proprietary identifiers. The Affiliate shall not modify, alter, or misrepresent Company’s branding in any way without prior written consent. Any unauthorized or improper use of Company’s branding shall constitute a material breach of this Agreement.
2.11 Affiliate shall comply with all applicable laws, regulations, and industry guidelines governing marketing, advertising, and promotional activities, including but not limited to consumer protection laws, data privacy regulations, and anti-spam laws. The Affiliate shall bear sole responsibility for ensuring its compliance with such requirements and shall indemnify Company for any claims, liabilities, or damages resulting from its failure to do so.
2.12 Nothing in this Agreement shall be construed as obligating the Company to engage in any specific marketing or promotional activities. Any such activities shall be undertaken at Company’s sole discretion and in accordance with the terms set forth herein.
2.13 Affiliate shall not state or imply that Company endorses or guarantees the Affiliate’s products, services, or business operations unless expressly authorized in writing. Any unauthorized use of Company’s name, trademarks, or goodwill in a manner that implies endorsement shall constitute a material breach of this Agreement.
2.14 Affiliate promotes Company’s offerings through its own marketing channels, including but not limited to websites, social media, email campaigns, or paid advertisements, the Affiliate shall ensure that such promotions are in compliance with the terms of this Agreement, including all confidentiality and intellectual property provisions.
2.15 Affiliate acknowledges and agrees that it is solely responsible for the accuracy, legality, and compliance of all statements, representations, and marketing activities it undertakes in connection with the promotion of Company’s products and services. The Affiliate shall not make any statements, claims, or representations regarding the Company unless expressly authorized in writing by the Company.
2.16 Affiliate shall defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses, including but not limited to reasonable attorneys’ fees and court costs, arising out of or related to (i) any false, misleading, deceptive, or unauthorized statement, claim, or representation made by the Affiliate regarding Company, its products, services, or business operations; (ii) any violation of applicable laws, regulations, or industry guidelines by the Affiliate, including but not limited to advertising, marketing, and consumer protection laws; (iii) any unauthorized use or misrepresentation of Company’s trademarks, branding, or intellectual property; or (iv) any other act or omission of the Affiliate that results in liability, damages, or reputational harm to Company. The obligations under this Section shall survive the termination or expiration of this Agreement.
2.17 For purposes of this Agreement, “marketing materials” shall mean any and all promotional, advertising, and branding materials, whether in print, digital, audio, visual, or any other form, including but not limited to brochures, flyers, websites, social media content, email campaigns, sales presentations, press releases, advertisements, videos, graphics, and any other materials designed to promote or market a Party’s products, services, or brand. Marketing Materials shall also include any trademarks, trade names, logos, slogans, or other proprietary identifiers incorporated therein.
3. COMPENSATION FOR YOUR REFERRED TRAFFIC.
3.1 Subject to your proper installation and use of the Links, you shall be compensated based on the Net Sale Price from Completed Transactions. Your compensation (the "Fee") shall be determined in accordance with the attached Schedule of Fees. The Fee will be subject to offsets for each Completed Transaction in which (a) the Company issues any discounts, credits, or allowances, or (b) a chargeback is issued against the Company for any payment previously credited to the Company.
3.2 If any existing Customer uses Your coupon code, you will get credit for that evaluation. If You are the original affiliate, you will get credit for the Customer using Your link and purchasing any evaluations they sign up for using Your coupon code.
3.3 The Company reserves the right, in its sole and absolute discretion, to refuse any attempt to purchase by any person. You shall have no claim to any Fee based on the Company's decision to decline or not complete a transaction initiated by any person who accessed the Site through a Link on the Affiliate Site.
3.4 Fees for Completed Transaction shall be payable to You on or before the 15th of the following month. Notwithstanding the foregoing, if and to the extent You are required to file or provide certain documentation for tax and other governmental compliance purposes, the Company may suspend payment of the Fees until such documentation is properly completed and submitted.
4. FULFILLMENT AND CUSTOMER INFORMATION.
4.1 The Company is solely responsible for processing and fulfillment of all orders of goods and services on the Site, which shall be governed by the terms and conditions established by the Company in its sole and absolute discretion. All information about such orders and the Customers are the sole and exclusive property of the Company. Additionally, You agree the Company may collect, process, and sell certain information about You as may be required in connection with the execution of the Company's obligations under this Agreement.
5. LIMITED LICENSE RIGHTS.
5.1 You agree to place one or more of the Links on the Affiliate Site. Links may contain logos, trademarks, or service marks (collectively, "Marks"). Pursuant to this Agreement, the Company grants You a limited, non-exclusive, non-transferable, and revocable license to display the Links on the Affiliate Site, and nowhere else, subject to the terms and conditions of this Agreement. You may not use the Links or the Marks for any other purpose absent the express written consent of the Company.
5.2 You may not change, add to, or delete from the Links or Marks. You may not use the Marks independently of the Links for any purpose without the Company's express written consent, and You may not use or present the Links in any manner that suggests the endorsement of or by any other goods, services, persons, or entities without the express written consent of the Company. In addition, You agree to NOT (a) acquire or attempt to acquire, register or attempt to register, make a claim to or in any way use domain names, trademarks, service marks, keywords, handles, screen names, or other forms of identification incorporating the Marks; or (b) use the Marks in a way that suggests the source of the Affiliate Site is the Company.
5.3 All intellectual property rights in and to the Marks, and any goodwill generated by Your use of the Marks, shall insure solely to the benefit of the Company. Upon suspension of this Agreement, the rights granted herein may, in the Company's sole discretion, be suspended. Upon termination of this Agreement, the rights granted in this section shall automatically terminate.
6. REPRESENTATIONS AND WARRANTIES.
Affiliate represents and warrants that:
6.1 You are legally capable and authorized to enter into this Agreement; and, if you represent an entity, all actions necessary to authorize you to enter into this Agreement have been taken.
6.2 You are the sole owner and operator of the Affiliate Site.
6.3 The Affiliate Site does not and shall not:
6.3.1 depict anyone less than eighteen (18) years of age;
6.3.2 contain material subject to 18 USC 2257 (but if it does, you will notify us not less than thirty (30) days in advance of such inclusion and you will comply in all respects therewith);
6.3.3 contain any information which you know or reasonably should know is false;
6.3.4 contain or transmit any apps or programs that are or can be installed or downloaded to a Customer’s computer or other devices, without the Customer’s express and knowing consent as to the exact nature, purpose, and function of such apps or programs;
6.3.5 use the Company's name or the Marks in any form of unsolicited communication, including unsolicited email (spam).
7. DISCLAIMERS.
The Company makes no representations or warranties as to the Site. To the maximum extent of the law, the Company disclaims all representations, warranties, and conditions, express and implied, including the warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Site is provided "as is."
8. LIMITATION OF LIABILITY.
8.1 IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, EVEN IF SUCH DAMAGES WERE FORESEEABLE.
8.2 IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE LESSER OF: (I) THE TOTAL FEES ACTUALLY PAID TO THE AFFILIATE BY THE COMPANY UNDER THIS AGREEMENT IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) FIVE HUNDRED DOLLARS ($500.00). THIS LIMITATION APPLIES TO ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.
8.3 For purposes of this section, any reference to the “Company” shall be deemed to include its affiliates, officers, directors, employees, principals, agents, and contractors.
9. TERM AND TERMINATION.
This Agreement shall commence upon the last signing by a Party and may be terminated by either Party upon written notice, including email, to the other. Either Party retains the right to terminate this Agreement at any time, for any reason. If this Agreement is terminated as a result of your breach of any of the provisions contained in this Agreement, you hereby acknowledge that you shall forfeit any further entitlement to Fees owed to you by the Company, and we may seek such other relief, equitable and legal, as may be available. If you terminate this Agreement, the Fees due and owing to you shall be paid as provided herein through the date of termination. Regardless of which Party terminates this Agreement, upon termination, any and all rights and licenses granted by the Company to Affiliate shall immediately cease, and you shall immediately discontinue all use of, and you agree to remove, any Links, Marks or other Company intellectual property from the Affiliate Site and any other platforms where they were displayed, including any social media platforms. Furthermore, you must promptly return and destroy all and any copies of the Marketing Materials and Confidential Information in any format or medium, as directed by the Company. Failure to comply with this requirement shall constitute a material breach, entitling Company to seek injunctive relief and any other remedies available at law or in equity. Affiliates are prohibited to use their own code or share it within his household.
10. RELATIONSHIPS.
10.1 You are an independent contractor with respect to the Company. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee, or employer-employee relationship between You and the Company. You shall not, in any manner or respect, represent, suggest, or convey the impression that you are an employee or agent of the Company, or that the Company has endorsed you and/or the Affiliate site, or that you represent the Company in any manner or capacity. You have no authority to and shall not enter into any agreements or obligations purporting to be binding upon the Company.
10.2 As an independent contractor, you are solely and exclusively responsible:
10.2.1 for all taxes payable with respect to income earned through the Site;
10.2.2 to obtain any liability, health, workers' compensation, disability, unemployment, or other insurance needed, desired, or required by law, and you are not covered by or eligible for any insurance from the Company;
10.2.3 for ensuring that you comply with any Licensing Authority's rules or practices.
11. CONFIDENTIALITY.
11.1 You promise and agree to hold Confidential Information in strict confidence and in trust for the sole benefit of the Company, both during the term of this Agreement and at all times thereafter, and shall not use such Confidential Information for any purpose, whether for consideration, business or personal, other than as may be reasonably necessary for the performance of duties pursuant to this Agreement, without the Company's prior written consent.
11.2 You shall not disclose any Confidential Information to any person or entity, other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than this Agreement, without the Company's prior written consent. You shall use not less than the same degree of care it uses to protect its own Confidential Information, but in any event not less than a reasonable degree of care. For purposes of clarity, your obligations hereunder include taking all actions necessary to ensure your affiliates, employees, contractors, and agents, and any other person or party who obtains Confidential Information from or as a result of the provider abiding by the terms of this section in their entirety.
11.3 Confidential Information does not include information that (a) is or becomes publicly known through lawful means; (b) was rightfully in provider's possession or part of your general knowledge prior to the effective date of this Agreement; or (c) is disclosed to you without confidential restriction by a third party who rightfully possesses the information (without confidential restriction) and did not learn of it, directly or indirectly, from the Company.
11.4 If you are required to disclose Confidential Information by virtue of a lawful court order, subpoena, or similar legal request, You will promptly notify the Company in writing of such requirement and cooperate so that the Company may seek an appropriate protective order. You will not use, copy, publish, distribute, or summarize any Confidential Information, except as necessary to carry out the activities discussed herein.
12. WAIVER.
12.1 You expressly and unconditionally waive any and all claims against the Company, regardless of the basis upon which such claim(s) may be made, that may be based on, arise in connection with, or be related to any of the following acts, circumstances, or conditions: the Site is partially or totally inoperative or inaccessible; there are bugs, errors, or inaccuracies on the Site; a suspension, termination, or other action was taken with respect to your account by the Company, even if such suspension, termination, or other action resulted in a loss of profits to you; any claim relating to a change in this Agreement by the Company; withholdings, deductions, or offset in connection with the payment of Fees due to applicable tax or currency control restrictions.
12.2 For purposes of this section, any reference to "the Company" shall include the Company's affiliates, officers, employees, principals, agents, and contractors.
12.3 No waiver by the Company of any breach by you for any condition or provision of this Agreement shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by the Company in exercising any right, power, or privilege under this Agreement operate as a waiver to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
12.4 You are solely responsible for the security of Your Account, and the username and password associated with Your Account. You hereby waive and dismiss any claims against us and agree to indemnify, defend, and hold us harmless against any unauthorized use of or access to your account by an unauthorized person using your username and password. You agree that any dispute you raise shall be as an individual only, not as a class, or with or on behalf of anyone else.
12.5 You expressly waive any right to bring a class or collective action or be a member in a class or collective proceeding. The Company may take any and all actions necessary to dismiss a class or collective actions or claims thereunder.
13. INDEMNIFICATION.
13.1 BY AFFILIATE
13.1.1 The Company and its affiliates, owners, principals, officers, employees, and agents shall be referred to, collectively, as "the Company Indemnitees."
13.1.2 You agree to and shall indemnify, defend (with legal counsel reasonably acceptable to the Company Indemnitees), and hold the Company Indemnitees harmless from and against any and all actions, suits, claims, demands, debts, liabilities, obligations, losses, damages, costs, expenses, penalties, or injury (including reasonable attorneys fees and costs of any suit related thereto) suffered or incurred by any of them arising from: (a) any misrepresentation by, or breach of any covenant or warranty of Yours contained in this Agreement or any exhibit, certificate, or other agreement, or instrument furnished or to be furnished by You hereunder; (b) any non-fulfillment of any agreement by You under this Agreement; (c) any suit, action, proceeding, claim, or investigation against the Company Indemnitees which arises from or is based upon or pertaining to Your acts or omissions or conduct of business; (d) failure to comply with the terms of this Agreement by You, Your employees, or agents; (e) failure to comply with applicable law by You, Your employees, or agents; (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights, or allegations thereof, to the extent caused by You, Your employees, or agents; (g) failure to pay appropriate taxes for yourself, your employees, or agents (including withholding taxes, if any); or (h) the Affiliate Site contains or promotes materials that infringe or violate the copyright or other intellectual property rights of any third parties.
13.1.3 If any lawsuit, enforcement action, or attempt to collect on an alleged liability is filed against the Company Indemnitees, written notice thereof shall be given to you within ten (10) business days after receipt of notice or other dates by which action must be taken; provided, however, that the failure of the Company Indemnitees to give timely notice shall not affect its rights to indemnification hereunder except to the extent that you demonstrate damage caused by such failure. After such notice, you shall be entitled, if so elected, to take control of the defense and investigation of such lawsuit or action and to employ and engage attorneys of its own choice to handle and defend the same, at your reasonable cost and expense. The Company Indemnitees shall cooperate in all reasonable respects, at your cost and expense, with you and such attorneys in the investigation, trial, and defense of such lawsuit or action, and any appeal arising therefrom. You shall not, without the prior written consent of the Company Indemnitees, effect any settlement of any proceeding in respect of which the Company Indemnitees are a party and indemnity has been sought hereunder unless such settlement of a claim, investigation, suit, or other proceeding only involves a remedy for the payment of money by you, and includes an unconditional release of the Company Indemnitees from all liability on claims that are the subject matter of such proceeding.
13.1.4 If you shall have an indemnification, defense, and hold harmless obligation, as above provided, and shall fail to assume such obligation, then the Company Indemnitees shall have the right, but not the obligation, to assume and maintain such defense (including reasonable counsel fees and costs of any suit related thereto) and to make any settlement or pay any judgment or verdict as the Company Indemnitees, in its/their sole and absolute discretion, deem necessary or appropriate; such costs of settlement, payment, expense, and costs, including reasonable attorneys' fees, to be reimbursed by you upon demand by the Company Indemnitees.
13.1.5 The Company may deduct, offset, or withhold your Fees, if the Company, in its sole and absolute discretion, determines you have committed some act that is likely to result in disputes, chargebacks, or damages to the Company, to which the Company would be entitled to indemnification by you.
14. ASSIGNMENT; SUCCESSION.
14.1 You may not assign this Agreement. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, this Agreement is binding upon and will insure to the benefit of the successors, heirs, and permitted assigns of the Parties.
14.2 This Agreement shall be binding upon the Parties and their successors, permitted assigns, heirs, affiliates, directors, shareholders, officers, employees, and/or agents.
15. CHOICE OF LAW.
This Agreement shall be governed by the laws of the State of Nevada, without regard to its conflict of laws, rules, or principles.
16. VENUE.
Affiliate hereby consents to exclusive jurisdiction and venue in Clark County, NV, for all proceedings arising out of this Agreement.
17. DISPUTE RESOLUTION.
To the fullest extent permitted by law, all disputes arising out of and related to this Agreement ("Disputes") shall be resolved as follows:
Manner of Resolution. Any dispute(s) shall be settled exclusively by arbitration. The arbitration shall be initiated and conducted pursuant to the arbitration rules of the American Arbitration Association in effect at the time the request for arbitration is made. The arbitration shall be final and binding upon the Parties. Any Party may bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. Otherwise, no Party shall initiate or prosecute any lawsuit or administrative action in any way related to any Dispute. In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. The Parties shall maintain the confidential nature of the arbitration proceeding and the award, except as may be necessary in connection with a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Notwithstanding anything herein to the contrary, either Party shall be entitled to seek to obtain any provisional remedy, including injunctive or similar relief, from any court of competent jurisdiction, as may be necessary to protect such Party's rights and interests.
Equitable Relief. Each Party acknowledges that (i) a breach or threatened breach by such Party of any of its obligations under this Agreement would give rise to irreparable harm to the other Party for which monetary damages would not be an adequate remedy, and (ii) if a breach or a threatened breach by such Party of any such obligations occurs, the other Party will, in addition to any and all other rights and remedies that may be available to such Party at law, at equity, or otherwise in respect of such breach, be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from, notwithstanding anything to the contrary contained herein, any court of competent jurisdiction, without any requirement to (1) post a bond or other security, or (2) prove actual damages or that monetary damages will not afford an adequate remedy.
18. WAIVER OF JURY TRIAL.
Each of the Parties knowingly, voluntarily, and irrevocably waives, to the fullest extent permitted by law, all rights to trial by jury in any action, proceeding, or counterclaim (whether based on contract, tort, or otherwise) arising out of or relating to this Agreement, or the actions of any Party in negotiation, administration, performance, or enforcement of this Agreement.
19. REMEDIES.
All rights, remedies, undertakings, obligations, and agreements contained in this Agreement or available at law, in equity, or otherwise, shall be cumulative, and none shall be a limitation of any other remedy, right, undertaking, obligation, or agreement.
20. FORCE MAJEURE.
Neither Party shall be responsible or liable for any delay or failure to fulfill any provision of this Agreement if such a delay or failure results directly or indirectly from any act of God, war, riots, insurrections, embargoes, acts of civil or military authorities, fires, floods, explosions, accidents, natural disasters, pandemics, epidemics, public health emergencies, terrorisms, civil unrest, strikes, supply chain disruptions, government orders, government regulations, government restrictions, or any other cause beyond the reasonable control of the Company or such Party. The affected Party shall promptly notify the other Party of the occurrence of any such event and shall use commercially reasonable efforts to mitigate the impact of such delays or failures. The performance of the affected obligation shall be suspended for the duration of the force majeure event, provided that if such event continues for more than thirty (30) days, either Party may terminate this Agreement upon written notice.
21. INTERPRETATION.
21.1 The Parties acknowledge and agree that they had sufficient time and opportunity to have this Agreement reviewed by legal counsel. If this Agreement is ever construed, whether by a court or arbitrator, such court or arbitrator will not construe this Agreement, or any provision hereof, against any party as drafter.
21.2 This Agreement is written in English and, notwithstanding the translation or translatability into other languages, the English language version of this Agreement shall be the controlling version.
21.3 The headings used herein are for convenience only and shall not be deemed to define, limit, or construe the contents of any provision of this Agreement. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine, and neuter forms.
21.4 For purposes of this Agreement, all references to defined terms shall be interpreted consistently, regardless of capitalization. The terms “You,” “Your,” and “you” shall be deemed interchangeable and shall refer to the Affiliate, while “Company” and “company” shall refer to Day Traders LLC. Similarly, “Affiliate Site” and “affiliate site,” “Marketing Materials” and “marketing materials,” and “Links” and “links” shall have the same meaning. Any other capitalized or non-capitalized references to defined terms within this Agreement shall be construed identically. Variations in capitalization shall not affect the interpretation, enforceability, or validity of this Agreement.
22. COUNTERPARTS.
This Agreement may be executed in counterparts, via any means (including facsimile and e-mail), all of which shall be effective, but when taken together shall comprise one agreement.
23. SEVERABILITY.
If any provision of this Agreement is unenforceable under any applicable law or is held invalid, such holding shall not affect any other provision hereof, and the defective provision shall, if applicable law permits, be modified and interpreted in a manner that it is enforceable. Otherwise, the offending term or provision shall be omitted and not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
24. AMENDMENTS.
The Company may modify or amend the terms of this Agreement at any time by posting such changes on the Site and/or notifying you by email. No such amendment shall be effective until at least thirty (30) days after the posting or email notice, whichever occurs first. Notwithstanding any modification, the rights and obligations of the Parties relating to the consideration to be received hereunder, and any fees to be charged between Parties as to any occurrence prior to the effective date of such modification shall remain unchanged by any such modification.
25. NOTICES.
Any notices or other communications required or permitted hereunder shall be sufficiently given in writing and delivered in person, or sent by registered or certified mail (return receipt requested), or nationally recognized overnight delivery service, postage pre-paid, or delivered via email addressed as follows, or to such other address as such Party may notify to the other Parties in writing:
To the Company:
DayTraders.com
2300 W Sahara Ave
Las Vegas, NV 89102
Email: [email protected]
To the Affiliate:
Affiliate provided address in Personal Account and must keep such information current.
Notices, demands, or requests which we or you are required or desire to give the other hereunder shall be deemed to have been properly given for all purposes if; hand-delivered to the Party's notice address, delivered to a nationally recognized overnight courier, such as FedEx, UPS, or DHL, to its addressee at such Party's notice address, or delivered via email to the Party's email address.
Each such notice, demand, or request shall be deemed to have been received upon the earlier of; actual receipt or refusal by the addressee if hand-delivered in accordance with clause (a) or (b) above, or the date and time of transmission if sent during business hours in accordance with clause (c) above.
26. ENTIRE AGREEMENT.
This Agreement sets forth the entire agreement and understanding between you and the Company relating to the subject matter hereof and thereof, superseding any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and the Company, written or oral, to the extent they relate in any way to the subject matter hereof.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date of sign up (the "Effective Date").
SCHEDULE 1 – FEES
1.1 For each affiliate subscription evaluation, you will be paid 20% (twenty) Percent of the Net Sale Price.
1.2 Affiliate Cookie Lifetime active for 30 days after the link is clicked.
1.3 Commissions must be $100.00 or higher to be paid out or will roll to the next month, one hundred unique clicks throughout the Calendar Month, and 10 user sign ups within the Calendar Month. Commissions will roll over into the next Calendar Month, until the criteria specified herein is met. Upon the criteria being met, the Affiliate will receive an Affiliate Payout for the amount that has accrued from the previous Calendar Month(s).
1.4 Payout per Unique Affiliate is for the lifetime of the Customer on evaluation accounts, so long as this agreement has not been terminated or until user cancellation, whichever occurs first.
1.5 Payout Methods: Selected from the "Payout Type" dropdown, which may incur fees, verification, and authorization agreement(s), and may be subject to change.
1.6 If Affiliate does NOT use the Affiliate links provided by the Company, chooses to MODIFY links, or installs links IMPROPERLY, then the Company WILL NOT provide an Affiliate Payout. The Customer must click on the link and subscribe from the same device within 30 days without clearing cookies for the Affiliate to receive credit for the Customer.