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1. Agreement 2. Our Activities 3. Use of our Services 4. Your Spread Cashback Account 5. Cashback 6. Payments 7. Referrals 8. Termination 9. Taxes 10. Severance 11. Intellectual Property 12. Jurisdiction 13. Third party materials and websites 14. Liability Disclaimer 15. Indemnity 16. Force Majeure 17. About Us
Appendix A - Definitions
If these agreements are translated into another language, then the English language version will prevail in the event of any conflict between the translated version and the English language version.
1.1 This agreement governs your relationship with Spread Cashback (hereafter referred to as SCB). By registering with Spread Cashback you are deemed to have read and understood the terms and conditions set out in this agreement, and agree to abide and be bound by these terms.
1.2 The documents listed below should be used in conjunction with, and form part of this agreement:
In any circumstance where a contradiction or ambiguity may exist between any terms stated in this document, and any referenced documents, the terms in this document take precedent.
1.3 This Agreement may be amended or varied by SCB from time to time. SCB will notify you of any amendments or variations to this agreement by placing a notice on the website, or via email, at least 10 days prior to the amendments or variations coming into effect.
1.4 SCB are entitled to amend this agreement with immediate effect where such amendment is necessary to comply with any legal or regulatory obligation that SCB is subject to. SCB shall endeavour to notify you of any such amendments, either via email or via a notice on our website, as soon as reasonable practicable.
1.5 No person other than a party to this agreement shall have any rights to enforce any term of this agreement.
1.6 The agreement shall continue in perpetuity until terminated in accordance with the terms set out in clause 8.
1.7 By entering into this agreement you agree and warrant that you are:
a) at least 18 years of age b) you have entered into this agreement of your own free will using your own assessment and judgement c) you are entering into this agreement as principal and not as any other parties agent or representative d) that all the information you have supplied to SCB is and will remain to be true and accurate e) that entering into this agreement with Spread Cashback and using any of its services does not contravene any rule, regulation or law in the jurisdiction in which you reside, are domiciled or operate from f) you are not a resident or located in the USA, and will not operate our website from the USA
a) Provision of Cashback on financial trading b) Provision of Financial Trading and Broker information and comparison c) Market news and information provision d) Forum and user commentary
2.2 Spread Cashback may provide other ancillary related services to online financial trading, but we do not provide any form of investment advice. Any prices, commentary, news, opinions, research, analysis or any other information provided on the site does not constitute investment advice.
2.3 Spread Cashback and any of its affiliates will not be held liable for any loss, loss of profit, or damage incurred that may arise directly or indirectly from the usage, dependence or reliance of any information on the site.
2.4 When you attempt to connect a Broker Account to your Spread Cashback account, you warrant us to contact the Broker and request their confirmation that the Broker Account correctly belongs to you and that it is assigned to us an introducer. To achieve this you authorise us to provide them with your name and the account number you provided when registering the Broker Account connection.
3. Use of Our Services
3.1 By using this site you agree that you will not use the web site or the tools provided for any purpose that is unlawful or prohibited by this agreement. You are not permitted to use the site, its tools or services, in any manner which could damage, disable or encumber the site, its servers or the networks its connected to, or interfere with any other party’s use of the site.
3.2 You are not permitted to gain, or attempt to gain, unauthorised access to the site, its tools, services, accounts, servers, computer systems or networks connected to the site by any means.
4. Your Spread Cashback Account
If you have been referred by another SCB account holder (the referring party), then you agree that the referring party who referred you is entitled to receive and view any referral rebates they may be due as a result of activity on your account. The referring party will only be able to view your Alias and the referral rebates that are due to them for your account, no other personal information from your account will be shown to your referring party.
5.1 SCB endeavour to credit your account with any Cashback due within 20 business days of end of the period in which the Broker calculates its rebates on your trading and accordingly pays SCB.
5.2 SCB are reliant upon the Broker to diligently and efficiently calculate and pay these rebates to SCB, and SCB will not be held liable for any delay caused to the calculation or crediting of your Cashback or any associated referral rebate as a result of delay caused by the Broker.
5.3 Cashback figures and percentages shown on the website are strictly for guideline purposes only. The Cashback you are due is strictly determined by the amount of rebate the Broker pays SCB for your qualifying trades in the relevant period. SCB will not be held liable to you if a Broker, for any reason, does not pay SCB for any or some of your trading activity.
5.4 If a Broker withholds any payment, or retrospectively adjusts any payment, to SCB, or SCB is unable to collect any funds from the broker for whatever reason, then SCB shall in turn be entitled to make any adjustments or withhold any funds payable as Cashback to your account. These include, but are not limited to, fraud, chargebacks, eligibility, or any trading restrictions a Broker applies.
5.5 You are suggested to make yourself familiar with any trading conditions contained in the Brokers Customer Agreements and Policies to ensure that you comply with any restrictions on what may be considered as qualified trading volume for rebates. These include but are not limited to, scalping policies, high frequency trading policies and collusion.
5.6 From time to time SCB may agree to a custom Cashback or Referral rebate scheme with you. Any such custom arrangement must be approved in writing prior to commencement.
5.7 Brokers may vary the amount, timing, and the calculation method of rebates to us, sometimes at very short notice. If such an event occurs we reserve the right to vary the amount, timing or calculation method to you. Such changes may be at very short notice and we endeavour to contact you as soon as reasonably practicable to inform you of any such changes should they occur.
5.8 Broker rebates for your trading may be paid to SCB in a variety of different currencies. These payments may be in a different currency than your SCB account is managed in. SCB shall be entitled to convert the rebates into a currency that is creditable to your SCB account, and shall be entitled to charge a conversion fee for such a transaction, which may be deducted from your account or from the relevant transaction.
5.9 Clients and referring parties agree to hold SCB safe from liability with regards to Cashback calculations and payments, or lack thereof, including any actions taken by SCB at the request of such client or Referring party.
5.10 You warrant us to contact the Broker to request the amount of rebate we are due for any successfully connected Broker Account. You also warrant the Broker to provide this information to us and for us to retain that information so that we may calculate any Cashback that is due on your account.
6.1 When you request a payment out of your SCB account, such a payment may incur transactional costs. SCB shall be entitled to charge for, or to recover from you, the costs of such transitions, and may deduct such costs from your account or from the payment amount.
6.2 If a payment to you is processed in a currency different to that of your SCB account currency, then SCB will convert the payment to the appropriate currency and will be entitled to charge a conversion fee for the transaction, which may be deducted from the clients account or from the relevant payment.
6.3 SCB will not be liable for any costs or charges your Bank or payment provider may levy for the receiving of any payments we have made to you.
6.4 If SCB makes any form of overpayment to you, either through an error or adjustment of calculated Cashback or Referring rebates, then you will be required to return such funds to SCB with immediate effect. If you do not return such funds within 5 business days then SCB shall be entitled to take action to recover the funds.
6.5 Payments out from SCB accounts are subject to minimum transaction amounts. The amount may be different for each payment mechanism and are subject to change. Information regarding the minimum payment amount is available in the payments section of the member area of the website.
6.6 SCB adheres to strict Anti Money Laundering Regulations, and to fulfil this obligation SCB may require additional identification information from you prior to processing a payment.
7.1 By successfully referring a client to SCB you will be entitled to a referral rebate based on the amount of Cashback your referred client generates with SCB. The rates and percentage of the Cashback due to referring parties will normally be shown on our website. These rates are subject to change and any rate, other than stated on the website, must be agreed in writing prior to coming into effect.
7.2 Referral rebates are earned strictly on the Cashback your referred client generates with SCB. If for whatever reason the referred client does not receive a Cashback payment then no referral rebate will be payable to you as the referring party.
7.3 Any amendments or removal of any Cashback payment to a referred client will have an appropriate adjustment made to any referral rebate paid to any referring party. SCB are entitled to make such adjustments and in instances where this leaves an amount owing to SCB then SCB shall be entitled to take actions necessary to recover such funds.
7.4 If you refer a client or prospect to SCB, then SCB are in no way obliged to follow up that referral or to enter into any form of agreement with a referred client or prospect.
7.5 If this agreement terminates for any reason, pursuant to section 8 of this agreement, then SCB will not be liable to pay any referral rebates after the date of termination.
7.6 SCB shall be entitled to follow up, contact, market to, offer services to, and enter into an agreement with any referred client or prospect post termination of this agreement.
7.7 Any referred client or prospect who does not enter into an agreement with SCB within 30 calendar days of being referred by the referring party will no longer be deemed to have been introduced by the referring party, and the referring party shall not be entitled to any referral rebates due from the referred client or prospect.
7.8 You agree that any referred client or prospect, has the authority to determine who their referring party is. Referred clients or prospects may specifically instruct that an alternative party to have referred them, or to deem themselves not to have been referred by you. You agree that this is the client’s or prospective client’s right and that they are entitled to instruct SCB to change their referring party ownership at any time and it be implemented with immediate effect. Any change of a Client’s referring party is subject to 7.10 and must be agreed upon by an officer of SCB.
7.9 Any client or prospect referred by you will not be deemed to be a referred client if they have, or have had, any existing affiliation with SCB, including but not limited to, an existing client or account holder, employee, partner or joint venture.
7.10 The determination of whether a client or prospect is a referred client or prospect of yours is at the sole discretion of SCB.
7.11 In the course of referring clients and prospects to SCB, you may be subjected to information on the referred client, such as their Alias or the rebate income you have generated from their actions; you agree to keep this information confidential and not to pass on any such information to any third party.
7.12 By referring a prospect to SCB you are acting in an introducing capacity. This agreement does not constitute a partnership or joint venture between the parties. Neither party is acting as an agent of the other, and neither party has the authority to bind or make any representation or warranty on behalf of the other. Neither party shall hold itself out as acting in an agency capacity or suggest that they possess authority to act as such.
7.13 You agree not to use any logos, trademarks, brands, trade names, marketing materials or any other signs or symbols belonging to SCB unless you receive prior written authority from SCB.
7.14 When referring clients to SCB, you may promote the services and activities of SCB only. You must not promote any of the names/services/products/offers of the Brokers that are listed, supported or mentioned by SCB.
7.15 SCB shall not be responsible for any costs associated with the referring party’s actions or efforts to acquire and refer clients to SCB.
7.16 Only the holder of the SCB account may request information, undertake actions, or conduct queries on an account. Referring parties, or any other parties except the account holder, are not entitled to receive, request, or query, any information or actions on an account.
8. Commencement, Duration and Termination
8.1 This agreement shall commence from the date your SCB membership application has been accepted and will continue until termination.
8.2 Either party may terminate this agreement upon giving 7 days written notice to the other. Written notice served to SCB must be submitted to email@example.com. Written notice to the client will be providedto the clients given email address and will be deemed to have arrived two days after being sent by SCB.
8.3 Either party is entitled to terminate this agreement immediately and without notice, if the other party commits a material breach of any terms of this agreement, and that breach is not remediable within 14 days.
8.4 After termination the client, and any Referring parties, shall not be entitled to receive any payment of Cashback or Referring Rebates.
9. Taxes and Other Charges
9.1 It is your sole responsibility to pay all taxes that may arise from any Cashback, Rebate, Referral Income, or any other payment that is credited to your account, or paid to you, by SCB. Tax treatment of such payments may differ between jurisdictions. If you have any doubt as to your situation, then we recommend you seek your own independent advice from a person qualified to provide such advice in your jurisdiction. Any advice taken is solely your responsibility and not that of SCB.
9.2 SCB are entitled to deduct or withhold from any Cashback, Referral rebate or any other amount payable, any tax or other amount which it is required to do so by any law or regulatory body.
If any of these terms or conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions of use shall survive and continue to be binding and enforceable.
11. Intellectual Property
The Site and its content and tools are protected by copyright law and international treaty provisions. The site and its contents may not be copied or imitated in whole or in part. No logo, trademark, graphic, text or image from the Site may be copied or retransmitted without the express prior written permission of Spread Cashback.
These terms and conditions of use shall be governed by and construed in accordance with the laws of England. Any disputes arising in relation to the site shall be subject to the exclusive jurisdiction of the courts of England.
13. Third Party Materials and Websites
13.1 Not all products and services referred to on this website are provided by, nor are under the control of, Spread Cashback. The identification or use of any third party products, services, websites or networks is not an endorsement of such products, services or websites or networks. Some of the pages on the site include links to external websites. These are for your convenience only. SpreadCashback does not endorse and is not responsible for the content of these external websites. 13.2 If you provide a link to any SpreadCashback site or page on your web site, you shall not indicate or suggest that Spread Cashback is affiliated with, endorses or sponsors your web site, entity, service or product and you shall not use any Spread Cashback or Atomic Trading trademarks without the express prior written permission of Spread Cashback.
14 Liability Disclaimer
You acknowledge and accept that use of our site and tools is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage, or for damages for loss of profit or revenue arising out of any use of, access to, inability to use or access our website and tools. We accept no liability or responsibility for any errors or omissions in the contents of our site or its tools or services.
You agree to indemnify and hold SpreadCashback, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by SpreadCashback or its parents, subsidiaries, affiliates, officers or employees in connection with your use of the website or any of its tools or services, in breach of these Terms and Conditions or negligence.
16 Force Majeure
Force Majeure events may occur that may prevent SCB from being able to offer you a normal level of service. Force Majeure events include, but are not limited to, events such as an act of God, war, terrorism, sabotage, or IT and communications failure. SCB shall not be held liable for any loss, loss of profit or damage whatsoever as a result of a Force Majeure event.
17. About Us
SpreadCashback.com and Spread Cashback are trading names of Atomic Trading Solutions Limited, a company registered in England and Wales under company number 8511003.
Appendix A - Definitions
“Alias” is the name a Client has chosen that they wish to be referred to with other users of the site and Referring parties
“Cashback” is the amount paid to a Client which is a factor of the rebate SCB receives as a result of trading activity undertaken by the Client with its connected Brokers
“Client “ is any person or entity that enters into the Customer Agreement with Spread Cashback
“Prospective Client” or “Prospect” is any person known or introduced to Spread Cashback but who has not yet agreed to the Customer Agreement
“Referring Party” is the person or entity that refers another person or entity to Spread Cashback
“Referred Client” is the person or entity that has been referred by a Referring Party to Spread Cashback
“Referral Rebate” is the amount due to the Referring Party as a result of the Cashback earned by the Referred Client
“SCB” refers to Spread Cashback which is a trading name of Atomic Trading Solutions Limited