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Pivex Terms
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PIVEX AFFILIATE PROGRAM TERMS AND CONDITIONS We are Vitioria Limited, a company incorporated under the laws of the Republic of Cyprus, with its registered office at Digeni Akrita & Kleomenous, 2, 2nd floor, 1061, Nicosia, the Republic of Cyprus, Company Registration Number: HE 477841 (referred to herein as "we," "us," or "our"). Please take a moment to read this document thoroughly. These Affiliate Program Terms and Conditions (the "Terms") set out the framework governing our affiliate program, under which you, as a participant in the Affiliate Program (referred to as "you" or the "Affiliate"), introduce new, organically sourced clients to us - clients who go on to purchase our Product through our official platforms at pivex.com and pivexfunded.com (the "Affiliate Program"). For purposes of these Terms the “Product” means engagement in simulated trading activities through Pivex Account on “Trading Challenge” and “Pivex Trader stage” pursuant to, and as defined in the Terms of Use available here (the “Terms of Use”). Upon successful completion of the onboarding process described in Section 2 (Onboarding and Formation of the Agreement), a legally binding agreement between you and us will come into effect (the "Agreement"). These Terms form an integral part of that Agreement. By checking the confirmation box or otherwise indicating your acceptance of these Affiliate Program Terms and Conditions during the onboarding process, you acknowledge that you have read, understood, and agreed to be bound by these Terms and the Agreement as a whole. If you are completing this process on behalf of a legal entity, you confirm that you hold the necessary authority to legally bind that entity to the Agreement. In such circumstances, all references to "you" and "your" throughout these Terms shall be understood to refer to that company or other legal entity. I. Eligibility Requirements 1.1. Participation in the Affiliate Program is open to you only if: - you are an individual who is at least eighteen (18) years of age and neither your nationality nor your country of residence is the Democratic People's Republic of Korea, the Islamic Republic of Iran, the Republic of the Union of Myanmar, the Russian Federation, or any other country or territory that is subject to applicable international sanctions; or - you are a legal entity that has not been established, incorporated, or registered, and does not maintain a principal place of business, in the Democratic People's Republic of Korea, the Islamic Republic of Iran, the Republic of the Union of Myanmar, the Russian Federation. Company trusts established in any jurisdiction are excluded from eligibility, unless the beneficial owner independently qualifies to participate in the Affiliate Program as an individual under this Section 1. In either case, you must not be subject to applicable international sanctions, you must have no criminal record relating to financial crime or terrorism, and you must successfully satisfy the requirements of our "know your customer" (KYC) or "know your business" (KYB) verification procedures, or any equivalent identification process we may employ. 1.2. If you have any doubts or uncertainties regarding the eligibility criteria set out in this Section 1, or if any of the requirements outlined herein are unclear or appear unsatisfactory to you, we strongly advise you to refrain from proceeding with your application or engaging in the Affiliate Program in any capacity until such concerns have been fully resolved. Participation in the Affiliate Program constitutes your unequivocal confirmation that you have read, understood, and are fully satisfied with all applicable eligibility requirements. Should any ambiguity persist, we encourage you to contact us prior to completing the onboarding process. 1.3. By entering into the Agreement, you confirm and represent that you meet all eligibility requirements set out in this Section 1 at the time of execution. Should you fail to meet these requirements, the Agreement will not be deemed concluded. Furthermore, if at any point following the conclusion of the Agreement you no longer satisfy the eligibility criteria outlined in this Section 1, you are required to notify us without delay. 2. Onboarding and Formation of the Agreement 2.1. To join the Affiliate Program, you will need to create an account on our Website and complete the onboarding process, which consists of the following steps: 2.1.1. Registration: Begin by submitting a completed registration form, available within the Affiliate Program section of our website - pivex.com and pivexfunded.com (the “Website”). This step formally initiates your application to join the program. 2.1.2. Agreement Execution: If we determine that you are a suitable candidate for the Affiliate Program, you will receive an email confirmation containing a link to the Affiliate Program account, where the Agreement will be executed electronically as described in the introductory section of these Terms. Once the Agreement is in place, you will gain full access to the Affiliate Program section, including all available resources and tools such as promotional banners and referral URL links. For purposes of these Terms the “URL links” means each unique, functional hyperlink individually assigned to you by us and made available within the Affiliate Program account, which directs prospective customers to our Website, as applicable, and attributes any resulting new customer registrations or purchases to you as the referring Affiliate. 2.2. All information and data you provide to us throughout the onboarding process and at any point thereafter must be complete, accurate, truthful, non-misleading, and current. While we reserve the right to rely on the information you submit, we are under no obligation to independently verify it. You are responsible for promptly updating any such information within the Affiliate Program account to reflect any changes as they occur. 3. Banners and URL links 3.1. As an Affiliate, you are authorized to promote our Product exclusively through the URL links and/or Banner materials made available to you within the Affiliate Program account. The use of any other promotional tools, codes, or methods not expressly provided or approved by us is strictly prohibited and will be treated as a material breach of the Agreement. For purposes of these Terms the “Banner” means a digital advertising asset, incorporating a unique HTML code individually assigned to you by us and made available within the Affiliate Program account, intended for display on a Platform (as defined below) of your choice. Each Banner contains a promotional message relating to our services and includes an embedded functional hyperlink directing prospective customers to our Website, as applicable, with any resulting new users registrations or purchases being attributed to you as the referring Affiliate. 3.2. Prior to running any paid advertising campaigns in connection with the Affiliate Program you must obtain our explicit written approval. Any request for such approval must be submitted immediately, but in any case no later than fourteen (14) calendar days before the intended publication date. Your request must include a comprehensive description of the proposed advertisement, specifying the platform(s) on which it will be displayed, the intended duration of the campaign, and the keywords to be utilized. We reserve the right to request any additional information we deem necessary before granting approval. You remain solely responsible for ensuring that all advertising activity complies with applicable laws and regulations, as well as the terms and policies of the relevant advertising platform. 3.3. Where you use the URL links or Banner to promote the Affiliate Program through any website, social network, social media account, or other digital platform (each referred to as a "Platform"), please note that we reserve the right, at our sole discretion and at any time, to require the removal of the URL link or Banner from any such Platform. In addition, you undertake to: 3.3.1. maintain a legitimate legal or contractual relationship with the Platform that entitles you to display the URL link or Banner thereon, and ensure that the Platform has not been created solely or primarily for the purpose of hosting promotional or advertising content; 3.3.2. ensure that the Platform does not serve as a channel for the dissemination of content that is: (i) unlawful or contrary to generally accepted principles of morality; (ii) promotional of the products or services of any of our direct or indirect competitors (iii) xenophobic, racist, pornographic, violent, abusive, or otherwise harmful or offensive in nature; (iv) threatening or promoting any kind of terrorism or terrorist activities; (v) promoting or advocating for commercial sexual services, commercial sexual services involving people under the age of 18, human trafficking or other non-consensual sexual acts; 3.3.3. ensure that the Platform maintains a professional and credible appearance that does not give rise to any reasonable doubt as to the reliability or integrity of its content; 3.3.4. ensure that the placement and context of the URL links or Banner on the Platform does not, in any way, harm, diminish, or otherwise adversely affect our reputation or brand image of Pivex; 3.3.5. ensure that the Platform does not contain information that is objectionable, inaccurate, false, defamatory, discriminatory, misleading, or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, discriminating, defamatory or libelous 3.3.6. upon our request, promptly provide a full and accurate disclosure of all Platforms on which the URL links or Banner is currently or has previously been placed. 4. Reward: General Provisions 4.1. In order to qualify for a reward, your identity must be successfully verified by us prior to any payment being processed. All personal information you have provided must be truthful, accurate, and complete. If you have not yet completed identity verification, please follow the instructions available within the Affiliate Program account to do so. 4.2. In addition to identity verification, we must be able to establish a traceable link between you and the Visitor. The method by which this connection is made differs depending on which of our platforms the Visitor accesses: 4.2.1. Where a Visitor arrives at our Website via URL link or Banner, the attribution link between you and that Visitor is established through cookie-based tracking. For this connection to be successfully created, the Visitor must: (i) consent to the placement of a Cookie in their browser at the time of redirection through your URL links or Banner; and (ii) permit the use of cookies so that the Cookie can attribute the Visitor to your account when they register on our Website. Both of these actions are entirely at the Visitor's own discretion, in accordance with applicable data protection and privacy laws. We have no ability to influence or override the Visitor's decision to accept or decline cookies and, accordingly, accept no liability in the event that the attribution link between you and the Visitor cannot be established. Please note that each Cookie remains active for a period of three (3) calendar months and is valid solely for the browser through which the Visitor originally accessed our Website via your Referral URL or Banner. For purposes of these Terms "Cookie" means a unique identifier of the Visitor that is downloaded to the browser on the Website and which can create a link between the Visitor and you. For purposes of these Terms the “Visitor” means any person who visits our Website through the Banner of the URL link, excluding you and us. 4.3. Your entitlement to a reward arises only upon the simultaneous satisfaction of all of the following conditions: 4.3.1. the Visitor clicked on your URL link or Banner, which redirected them to our Website; 4.3.2. where the Visitor was redirected to our Website, the Visitor consented to the use of marketing cookies and, with an active Cookie present in their browser, successfully created a user account on our Website within three (3) calendar months from the date of their first visit via your URL link or Banner; 4.3.3. the Visitor entered into their first contract for the Product and successfully paid the registration fees as provided in the Terms of Use; 4.3.4. the Visitor activated the Product, or alternatively, the contract for the Product with the Visitor was not terminated within fourteen (14) calendar days of its conclusion; 4.3.5. the Visitor and you are not the same individual or entity; and 4.3.6. you are not in breach of any provision of the Agreement at the time the reward entitlement is assessed. 4.4. No reward will be payable in respect of Visitors who have paid the registration fees where we are unable to establish a valid attribution link between you and that Visitor. This will be the case where the Visitor: 4.4.1. was redirected to our Website via your URL links or Banner, and: (i) declined to consent to the use of Cookies; (ii) failed to create an account within three (3) calendar months from the date the Cookie was placed in their browser; or (iii) deleted, cleared, or otherwise disabled the Cookie prior to account creation; or 4.4.2. used a different browser to create their account than the one through which they originally accessed our Website via your URL link or Banner. 4.5. For the avoidance of doubt, the mere promotion of the Product, in and of itself, does not give rise to any entitlement to a reward. A reward is only payable upon the fulfilment of all conditions set out in Section 4.3 above. 4.6. The reward will be calculated based on the reward level to which you are eligible: Reward level Eligibility criteria Reward percentage Bronze None 10% of the price of every registration fee Silver Acquisition of 50 visitors compliant with requirements of Section 4.3 per month 20% of the price of every registration fee Gold Acquisition of 100 visitors compliant with requirements of Section 4.3.per month 30% of the price of every registration fee + free access to $50,000 Pivex Challenge Account 4.7. Notwithstanding the above, in certain cases and at our sole discretion, we may apply an enhanced reward calculation formula. Such enhanced terms may include a higher commission rate or remuneration based on additional purchases beyond the registration fee. Any such adjustments will be determined exclusively by us and communicated individually. 5. Reward: Calculation and invoicing 5.1. Upon conclusion of the Agreement, you will be automatically assigned the Bronze level for an indefinite time. 5.2. Your reward level is subject to a monthly review. On the 15th day of each calendar month, we calculate your aggregate rewards accrued during the preceding calendar month. Should your performance during any given calendar month meet the eligibility criteria applicable to a higher reward level (as defined in Section 4.6.), you will be automatically advanced to that higher Reward level for a consecutive three-month period (the "Three-Month Period"). In the event that your performance does not meet the Eligibility Criteria for your current or a higher Reward level during any calendar month falling within that Three-Month Period, you will be downgraded, upon the expiry of the Three-Month Period, to the highest Reward level for which you did meet the applicable Eligibility Criteria. All such adjustments take effect from the date on which the relevant monthly calculation was performed. 5.3. You may submit a request for payout of your available reward balance at any time when availabe for withdrawal. You may get acquianted with your reward balance on your Affiliate Program account. 5.4. A minimum threshold for Reward payout requests, as specified within the Affiliate Program account (the "Minimum Payout"), applies to all withdrawal requests. We will not process any payout request for an amount that falls below the applicable Minimum Payout. 5.5. You may request withdrawal of your accrued reward at any time by submitting a corresponding invoice for the amount you wish to receive. Upon receipt of your invoice, we will verify that your entitled Reward balance meets or exceeds the applicable Minimum Payout threshold. If this condition is satisfied, we will proceed to process the payment in accordance with the invoicing and payment terms set out below: 5.5.1. All invoices are payable within fourteen (14) calendar days of issuance. A reward payment is considered completed either upon the relevant amount being debited from our account to the bank account specified in the invoice, or upon the successful completion of an alternative payout method available on our Website and selected by you. All transfer costs and fees associated with the payout are borne exclusively by you. 5.5.2. Invoices shall be issued only in US dollars. 5.5.3. All information submitted in your invoice must be accurate, current, and compliant with applicable law. In the event that any amendments to the information contained in your invoice become necessary, you are required to notify us and provide an updated, amended invoice within ten (10) calendar days from the date on which you became aware of the relevant changes. Regardless of the circumstances, you remain solely responsible for the accuracy of your invoice and its compliance with all applicable legal requirements at all times. 5.5.4. Should we determine that an invoice submitted by you is incomplete or otherwise non-compliant with applicable law or these Terms, we will notify you accordingly. Upon receipt of such notification, you will be required to provide a fully compliant, corrected invoice within ten (10) calendar days from the date of our notification. We reserve the right to withhold payment until a compliant invoice has been received. 5.6. You must submit your reward withdrawal request within twelve (12) months from the date on which your available Reward balance first reached or exceeded the applicable Minimum Payout threshold and became eligible for withdrawal. Failure to submit a withdrawal request within this period will result in the permanent forfeiture of your right to that reward, and any remaining balance will expire accordingly. 5.7. The amount of the reward determined as stated above is final and is a gross payment. You are obliged to fulfil your tax obligations, whether direct or indirect, including GST and similar tax, income taxes, payroll taxes and any other taxes, levies or fees for which you are liable in connection with, or arising from, your participation in the Affiliate Program in accordance with applicable law. We have no responsibility for your personal or business tax liabilities. 5.8. In lieu of a monetary payout, you may elect to apply your available reward balance towards the purchase of Pivex Challenge Accounts. The prices applicable to Pivex Challenge Accounts available for selection under this option shall be determined in accordance with the current pricing published on our Website from time to time. Should you wish to exercise this option, please contact us. 6. Representations and Undertakings 6.1. You represent and warrant that: 6.1.1. you have read and understood these Terms in their entirety, and you are fully eligible to enter into the Agreement and capable of fulfilling all obligations arising thereunder; and 6.1.2. you are not, and have not been, an employee or contractor of ours. For the purposes of this Section, the term "contractor" refers to any individual or entity engaged in the provision of services other than those described in these Terms, including in particular services in the field of information technology, whether relating to hardware or software. 6.2. You undertake that you will not, at any time during the term of the Agreement: 6.2.1. act on our behalf, or conduct yourself in a manner that may reasonably give rise to the impression that you are authorized to represent or act on our behalf, whether on the basis of an employment relationship or otherwise; 6.2.2. sell, market, or offer any products or services that are similar to or competitive with the Product; 6.2.3. promote the Product in any manner that is false, deceptive, or misleading, including by associating the Product with any services that are regulated under financial sector legislation or otherwise implying a regulatory status that the Product does not hold; 6.2.4. intentionally direct promotional efforts towards individuals or entities who do not satisfy the eligibility requirements set out in Section 1; 6.2.5. alter, modify, or tamper with the Banner or any of its constituent elements, including but not limited to its underlying HTML code; 6.2.6. employ automatic page redirection, automated opening of new browser tabs, or any similar automated traffic generation mechanisms - including so-called “auto-hit systems”, “pop-up”, or “pop-under” techniques - or embed our web pages within an “iframe” element when deploying the Banner or URL links; 6.2.7. utilize any abusive, deceptive, or manipulative technologies designed to circumvent these Terms or artificially influence attribution tracking, including the use of so-called “cookie background-fetch” techniques that trigger cookie placement without a genuine user-initiated visit to our Website via the Banner or URL links; 6.2.8. engage in any conduct that is detrimental to our business interests or reputation, or support, facilitate, or promote any practices that are inconsistent with sound risk management principles - including, without limitation, the provision of account management services whereby you manage a Product on behalf of our other customers - or that give rise to, or may reasonably be expected to give rise to, a conflict of interest with us; 6.2.9. act in violation of Terms of Use, where applicable to you; or 6.2.10. use, reproduce, or otherwise exploit our intellectual property in any form, except to the extent expressly permitted under the Agreement; 6.2.11. use, in any marketing or promotional materials produced or published by you in connection with the Affiliate Program, terminology that is investment-oriented in nature, including but not limited to the terms “investing,” “investment,” “returns,” “profit sharing,” “interest,” or “guaranteed income,” or any other language that may reasonably be understood as characterizing the Product as a financial or investment product or as conferring upon users any form of entitlement to financial returns; 6.2.12. fail to ensure that all promotional and marketing materials produced or published by you in connection with the Affiliate Program clearly and consistently state that the Platform provides simulated trading and skills evaluation only, and does not constitute or offer access to real financial markets, real capital management, or any form of live trading activity. Such disclosure must be presented prominently and in plain language such that it is reasonably likely to be noticed and understood by a prospective customer prior to any purchase decision; 6.2.13. publish or disseminate any promotional content in connection with the Affiliate Program without clearly and conspicuously identifying such content as an advertisement by means of unambiguous disclosure language, including but not limited to labels such as “Ad,” “Sponsored,” “Paid Partnership,” or any equivalent designation required under applicable law or the terms and policies of the relevant Platform. Such disclosure must be displayed in a manner that is clearly distinguishable from, and not obscured by, the surrounding content; 6.2.14. create, publish, or disseminate any material that implies, or may reasonably be construed as implying, that users of the Product are investing, trading with real capital, or are likely to achieve consistent or predictable profits. Where you elect to include performance claims, success stories, or testimonials in your promotional materials, such content must be balanced, representative of outcomes that are typical of users of the Product, and accompanied by appropriate qualifying language that accurately reflects the simulated nature of the Product and the variability of individual outcomes; and 6.2.15. engage in any misleading conduct under the Affiliate Program, including but not limited to: (i) making false or unsubstantiated claims regarding the Product or its features; (ii) omitting material information that would be relevant to a prospective customer’s decision to purchase the Product; (iii) presenting information in a manner that is likely to create a false impression as to the nature, purpose, or outcomes associated with the Product; or (iv) otherwise engaging in any act or omission that constitutes a misleading commercial practice under applicable law. 7. Intellectual Property 7.1. All Content available in connection with the Affiliate Program is legally protected under applicable copyright laws and other relevant legislation and regulations, and remains the exclusive property of us or our licensors, as applicable. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to: (i) access our Website through HTML links, strictly in accordance with these Terms; and (ii) solely in connection with such links and exclusively in the context of your participation in the Affiliate Program, use our logos, trade names, trademarks, and other identifying brand materials that we provide to you or expressly authorize for such purpose (collectively, the “Licensed Materials”). For the avoidance of doubt, no Content is sold, assigned, or otherwise transferred to you, and all Content remains the sole property of us or our licensors at all times. For the purposes of these Terms the “Content” means our Website, its visual appearance and design, and all associated applications, data, information, and multimedia elements contained therein, including but not limited to texts, illustrations, graphics, design elements, icons, images, audio and video materials, and any other content that forms part of or contributes to our services. Content also encompasses any such materials published on the official social media channels and networks maintained by us or any of our affiliated entities. 7.2. Your right to use the Licensed Materials is conditional upon your continued membership in good standing within the Affiliate Program. By using the Licensed Materials, you acknowledge and agree that all such use is carried out on our behalf, and that any goodwill generated through the use of the Licensed Materials shall accrue exclusively to our benefit. 7.3. Each party undertakes not to use the other party's proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the other party in a negative or damaging light. Each party expressly reserves all rights in and to its respective proprietary materials covered by this license. Except for the limited license expressly granted under this Agreement, each party retains all right, title, and interest in and to its respective intellectual property, and nothing in this Agreement shall be construed as transferring any such right, title, or interest to the other party. 8. Indemnification 8.1. The Affiliate Program, our Website, and all Content are provided on an "as is" basis. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether statutory, contractual, express, or implied, including but not limited to any warranties of quality, merchantability, fitness for a particular purpose, or non-infringement of third-party rights. We make no representations or guarantees, express or implied, that the Affiliate Program or our Website will be free from errors, interruptions, or technical deficiencies, or that they will be fully accessible and operational at all times. 8.2. To the fullest extent permitted by applicable law, we accept no responsibility or liability for: 8.2.1. any harm, loss, or damage of any nature arising out of or in connection with your participation in the Affiliate Program or the publication of any advertisement by you, including any direct, indirect, or consequential damages, loss of income or anticipated profits, loss of data, personal injury, non-monetary harm, or damage to property, including any failure of such advertisement to comply with applicable laws or regulations; 8.2.2. any reliance placed by you on any tool, functionality, information, or other content made available in connection with your participation in the Affiliate Program or otherwise accessible through our Website; 8.2.3. any failure on our part to fulfil our obligations under these Terms where such failure arises from serious technical or operational circumstances beyond our reasonable control, including but not limited to a crisis or imminent crisis, natural disaster, armed conflict, civil unrest, pandemic, large-scale threat to public safety, or any other force majeure event, or where such fulfilment is prevented by an obligation imposed by applicable law or by an order, decision, or ruling of a court, tribunal, or competent public authority; and 8.2.4. any third-party products, services, applications, or content that you access or utilize in connection with your participation in the Affiliate Program. We make no representations, express or implied, regarding the compatibility of the Affiliate Program with any such third-party content or services. 8.3. We reserve the right to modify, update, replace, add to, or remove any features, elements, or functions of the Affiliate Program section, URL links, and Banners at any time and without prior notice or any obligation to provide compensation. 8.4. You agree to indemnify, defend, and hold harmless us, all entities within our corporate group, and our and their respective directors, officers, employees, shareholders, partners, and licensors (collectively, the "Indemnified Persons") from and against any and all third-party claims, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) brought against or incurred by any of the Indemnified Persons arising out of or in connection with: (i) your participation in the Affiliate Program; (ii) any breach by you of the Agreement or applicable law; or (iii) any User Data provided by you. To the fullest extent permitted by applicable law, the indemnification obligation set out in this Section 8.4 shall survive the termination or expiry of the Agreement. For purposes of these Terms the “User Data” means any and all information, data, and materials that you submit, provide, or otherwise make available to us, as well as any data generated, produced, or arising as a result of your activity and participation in the Affiliate Program. 9. Duration and Termination of the Agreement 9.1. The Agreement is entered into for an indefinite period and remains in force until terminated in accordance with the provisions of this Section 9. 9.2. Either party may terminate the Agreement without cause by serving a written notice of termination on the other party, subject to a minimum notice period of thirty (30) calendar days. Upon termination under this Section, you will remain entitled to any reward that has accrued up to the effective date of termination. However, where the outstanding Reward balance falls below the applicable Minimum Payout threshold at the time of termination, no payment will be made in respect of that balance, owing to the transaction costs associated with processing such payment. 9.3. In addition to the right of termination set out in Section 9.2, the Agreement may also be brought to an end in the following circumstances: 9.3.1. The Agreement shall terminate automatically and with immediate effect: (a) where you reject a Modification to these Terms as described in Section 11 (Changes to these Terms); (b) upon your death or, in the case of a legal entity, upon the commencement of its winding-up, dissolution, or liquidation proceedings; or (c) where it is determined that your registration on our Website is duplicative of an existing registration. 9.3.2. We reserve the right to terminate the Agreement with immediate effect: (a) where you no longer satisfy the eligibility requirements set out in Section 1 (Eligibility Requirements); (b) where you breach any obligation set out in Section 3 (Banners and URL links), Section 6 (Representations and Undertakings), Section 7 (Intellectual Property), or Section 10 (Confidentiality), or where you repeatedly breach any other obligation under these Terms; (c) where we reasonably determine that your continued participation in the Affiliate Program would materially impair our ability to comply with our legal obligations or with any order or decision issued by a competent public authority; (d) as a consequence of a change to these Terms as described in Section 11 (Changes to these Terms). 9.4. Where the Agreement is terminated as a result of your breach of any of Sections 3.2, 3.3, 6.2.1, 6.2.2, 6.2.3, 6.2.5, 6.2.6., 6.2.8, 6.2.10, 7 (Intellectual Property), or 10 (Confidentiality), you will forfeit all rights to any unpaid reward that has accrued up to the date of termination, regardless of the amount outstanding. 9.5. Upon termination of the Agreement, for whatever reason, you are required to promptly remove all Banners and URL links from any and all Platforms on which they are displayed, and to take all necessary steps to prevent their future use. This includes the permanent deletion of all materials, assets, and resources provided to you by us in connection with the Agreement and the Affiliate Program. 10. Confidentiality 10.1. You are required to maintain strict confidentiality with respect to all information disclosed to you in connection with the Agreement and your participation in the Affiliate Program. This obligation extends to, but is not limited to, the terms and conditions of the Agreement, the substance of any communications between you and us, all information that may qualify as a trade secret - including any know-how - all information protected as personal data, and any other information made available to you by us that is either expressly designated as confidential or that, by virtue of its nature or the circumstances under which it was disclosed, ought reasonably to be regarded as confidential (collectively, the "Confidential Information"). 10.2. Your obligation to protect and maintain the confidentiality of the Confidential Information under this Section 10 shall not apply in the following circumstances: 10.2.1. where the relevant information is, or becomes, publicly available or generally known at the time of its use or disclosure, provided that such public availability or knowledge did not arise as a result of any breach of a legal or contractual obligation by you or any third party bound by a duty of confidentiality; or 10.2.2. where you are required to disclose the Confidential Information pursuant to a mandatory obligation imposed by applicable law or regulation, or by virtue of a final and binding decision, order, or ruling issued by a competent court, tribunal, or public authority, provided that, to the extent permitted by law, you notify us promptly upon becoming aware of such requirement and cooperate with us in seeking any available protective measures prior to making such disclosure. 11. Changes to These Terms 11.1. We reserve the right to amend these Terms at any time (each such amendment referred to as a "Modification"). Where we intend to introduce a Modification, we will provide you with advance written notice of the proposed changes no fewer than seven (7) calendar days prior to the date on which the Modification is due to take effect. Such notice will be delivered either through the Affiliate Program account or by email. Your continued participation in the Affiliate Program following the effective date of a Modification will be deemed to constitute your acceptance of the revised Terms. Should you disagree with any proposed Modification, you are entitled to reject it by notifying us in writing by email no later than the last business day preceding the date on which the Modification takes effect. In such event, the Agreement will terminate automatically upon the effective date of the Modification. For the avoidance of doubt, we are under no obligation to pay any compensation to you in connection with any Modification or the termination of the Agreement resulting therefrom. 11.2. Where a Modification introduces a new service, additional functionality, or any other change that is exclusively to your benefit, we may notify you of such change less than seven (7) calendar days before its effective date, provided that such notice is delivered no later than the day immediately preceding the date on which the change takes effect. 12. Governing Law and jurisdiction 12.1. The Agreement, including these Terms are regulated and construed in accordance with the laws of the Republic of Cyprus. 12.2. The courts in the Republic of Cyprus have local jurisdiction to settle any dispute arising under or in connection with the Agreement (including a dispute relating to the existence, validity or termination of the Agreement). 13. General 13.1. You acknowledge and agree that no consumer duty is owed to you by us in any respect, and that your relationship with us is that of an independent contractor. You are not, and shall not be deemed to be, an agent, representative, or employee of us or any of our affiliates or subsidiaries, and you shall have no entitlement to any consumer protections that might otherwise be available to you under applicable law. Nothing contained in these Terms or in any document executed in connection with the Agreement shall be construed as creating any agency, partnership, joint venture, or any other form of joint enterprise, employment relationship, or fiduciary duty between the parties. You have no authority to enter into contracts on our behalf, to bind us in any manner, or to make representations to third parties in our name. 13.2. We will handle and process your personal data in accordance with our Privacy Policy, as may be updated from time to time. We encourage you to review our Privacy Policy periodically to stay informed of any changes. 13.3. Where you are a legal entity, we may, in the course of the Agreement, collect personal data relating to your employees, officers, or authorized representatives from you. By providing such information, you represent and warrant that you have the requisite authority to disclose that data to us and that the individuals concerned have been duly informed of and provided with a copy of our Privacy Policy. 13.4. All communication regarding this Agreement or the Affiliate Program should be sent to us via email at support@pivex.com. We will consider a notice or communication to be received when it is actually delivered to our designated email address or through the specified online forms. 13.5. The Agreement is concluded in the English language. By entering into the Agreement and participating in the Affiliate Program, you confirm that you have a sufficient understanding of the English language and agree that all communications with us arising out of or in connection with the Agreement — including the submission and resolution of any queries or disputes — shall be conducted exclusively in English. 13.6. We retain an archived copy of the Agreement in electronic form. A copy of the Agreement, including these Terms, is available to you at any time through the Affiliate Program account. 13.7. The Agreement constitutes the entire understanding between you and us with respect to its subject matter and supersedes all prior negotiations, discussions, representations, and agreements - whether express or implied - relating thereto. 13.8. We reserve the right to assign, transfer, or novate the Agreement, any part thereof, or any individual rights or obligations arising thereunder to any third party at any time and at our sole discretion. We may likewise agree with any third party on the assumption of any of our obligations under the Agreement without your consent. You may not assign, transfer, or otherwise dispose of the Agreement, any part thereof, or any rights or obligations arising thereunder to any third party without obtaining our prior written consent. 13.9. If any provision of the Agreement is or becomes void, unlawful, invalid, or unenforceable for any reason, such provision shall be severed from the Agreement without affecting the validity, legality, or enforceability of the remaining provisions. Any such invalid or unenforceable provision shall be replaced by a provision that, to the greatest extent possible, achieves the same commercial intent and purpose as the original provision while being valid and enforceable under applicable law. 13.10. No course of dealing, prior practice, or industry custom - whether established between the parties or otherwise - that is not expressly referenced in the Agreement shall be applied to, or used to derive any rights or obligations under, the Agreement. Equally, no such course of dealing, practice, or custom shall be taken into account in the interpretation of any expression of intent or will by either party under the Agreement.
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