LAST UPDATED: March 6, 2018
BitMEX (website: https://www.BitMEX.com) is a Bitcoin-based virtual trading platform that is wholly owned by HDR Global Trading Limited. HDR Global Trading Limited (hereinafter referred to as BitMEX, which shall include its affiliates and subsidiaries) was incorporated under the International Business Companies Act of 1994 of the Republic of Seychelles with a company number of 148707.
This Affiliate Program Service Agreement (“Services Agreement”) sets forth the terms and conditions of your use of BitMEX Affiliate Program (“Affiliate Program”) and serves to supplement the Registration Agreement (“Agreement”) between you and BitMEX. In this Agreement “you”, “your”, or “referrer” refer to you or any agent, contractor, employee, servant or person authorized to act on your behalf. “We”, “us” and “our” refer to BitMEX.
This Services Agreement explains our obligations to you, and explains your obligations to us for the Affiliate Program offered by BitMEX. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional BitMEX service(s) or products or to cancel your BitMEX service(s) (even if we were not notified of such authorization), this Services Agreement covers such service or actions.
- 1. Description of the Affiliate Program
- 2. Affiliate Restrictions
- 3. Commissions
- 4. Your Responsibility
- 5. Our Responsibility
- 6. Limitation of Liability
- 7. Indemnity and Defense
- 8. Legal Age
- 9. Final Agreement
- 10. No Agency or Employment Relationship
- 11. Waiver
- 12. Enforceability
- 13. Assignment and Resale
- 14. Force Majeure
- 15. Headings, Modifications & IP Notice
To enroll and participate in the Affiliate Program, you must be a natural person (and not any corporate or entity, partnerships of any type or form, trust or any entity, program or protocol that is partly or wholly based on or executing artificial intelligence or machine learning programs or protocols) and have an active BitMEX account, subject to and in compliance with the requirements of any agreements you have with BitMEX, such as BitMEX’s Terms of Service and this Services Agreement.
The BitMEX Affiliate Program allows you to provide a platform for advertising BitMEX via your “web site” or “publishing location” (such as an electronic newsletter or blog), thereby driving traffic to BitMEX web site or web site content, whereby you may earn a portion of the revenue generated (“Commission”) if a person that is not you or your Related Persons as defined below (“Visitor”) trades a BitMEX-listed product after being referred to the BitMEX web site from an internet hyperlink (“Link”) contained on your web site or publishing location.
After being referred to the BitMEX web site from a Link contained on your web site or publishing location, Visitors have seven (7) days to complete their registration in order for your accounts to be linked. Should the Visitor click on another web site or publishing location’s Link that is not controlled by you or Related Persons, or return to the BitMEX web site via another source-coded advertising Link during the initial seven (7) days, your Link will be overwritten and you will not receive a Commission for that Visitor’s account.
You are not eligible for a Commission on trades made by you or any Related Persons, your employees, agents, representatives, or contractors, as well as made from several accounts owned by the same person; and BitMEX employees (or their Related Persons) are not allowed to participate in the BitMEX Affiliate Program.
You are also not eligible for any Commission derived from any persons referred to BitMEX’s platform relying on any materials, videos, content, deliverables, work product owned by or licensed to BitMEX (such as its research, blog or social media materials) linked, published, used, exploited or posted on your web site or publishing location.
For purposes of this Services Agreement, “Related Persons” means:
- with respect to a natural person or individual:
- each other member of such individual’s Family (as defined below);
- any employee, agent, contractor, representative (including his/her Family) of such individual or such individual’s Family; or
- any person that is directly or indirectly controlled by, acting in concert, colluding with, under the influence, control, direction and/or advice of such individual or one or more members of such individual’s Family.
For purposes of this Agreement, “Family” of an individual includes (i) the individual, (ii) the individual’s spouse and former spouse (whether legally designated as spouse or otherwise), (iii) any other natural person who is related to the individual or the individual’s spouse within the second degree, and (iv) any other natural person who resides with such individual.
You acknowledge and agree that you shall not:
- Bid on terms in any search engine that mention BitMEX, BitMEX.com or any of its derivatives and misspellings, BitMEX with keywords such as but not limited to “BitMEX coupons”, “BitMEX promos”, “BitMEX promotions”;
- Use any ® or ™ trademark or mark owned by or licensed to BitMEX, ® or ™ trademark or mark owned by or licensed to BitMEX with keywords or any misspellings in their domain names;
- Use BitMEX.com as a display URL;
- Engage in activities that BitMEX determines, in its sole discretion, to be harmful to its customers, employees, operations, or reputation; or
- Design or use your platform, web site or publishing location to market BitMEX’s services or platform to any person whose enrollment with or use of BitMEX’s platform would violate BitMEX’s Terms of Service.
You also acknowledge and agree that your web site or publishing location shall not:
- Contain false, inaccurate or misleading information about BitMEX products and services;
- In any way copy or resemble the look and feel of BitMEX’s web site or web site content nor create the impression that Your web site or publishing location is part of BitMEX’s network of web sites;
- Engage in sending unsolicited commercial email (“spam”) or indiscriminate advertising;
- Violate any applicable law such as data transfer, data privacy, data security laws or any securities laws such as offering or promoting BitMEX’s products and services in any jurisdiction in which they would be illegal or publishing or causing to be published any material that may be construed as an offer, solicitation, or recommendation to buy or sell securities or other investment products, or as investment, legal, financial or accounting advice;
- Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;
- Contain Links to web sites containing any of the aforementioned content;
- Cause any account linkage to be made that are not in good faith (such as using any device, program, robot iframes, or hidden frames, use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral Link, etc.); or
- State or imply that any of the information, content or data contained in your web site or publishing location represents or reflects any views, advice or opinions of BitMEX.
You acknowledge and agree that BitMEX may terminate Services if you, your web site or your publishing location violates, as determined by BitMEX in its sole discretion, any of the aforementioned restrictions or additional restrictions. BitMEX also reserves the right to seek recovery of any or all Commission paid or payable to you or your Related Person and you hereby agree to such liability and repayment of such Commission if you, your web site or your publishing location violates, as determined by BitMEX in its sole discretion, any of the aforementioned restrictions or additional restrictions.
Commissions under this Service Agreement will be paid to you based on a sliding percentage of fees paid by referred users. This percentage will increase as the total turnover of referred accounts increases. An increase in your account’s percentage will not lead to retroactive payments. This schedule will be made available at https://www.bitmex.com/app/affiliates. Payments are made daily at 12:01 UTC directly into your account. BitMEX will track all Commissions earned and may, at its sole discretion, decide not to pay any Commission to you should we believe that any referral has been made in violation of its guidelines, in any breach of this Services Agreement or BitMEX’s Terms of Service due to Visitor, user or customer fraud, or due to Visitor, user or customer contract cancellation. It is your sole and absolute duty to follow precisely this Agreement and its guidelines at all times. BitMEX is under no obligation whatsoever to pay any Commission to anyone who does not strictly follow this Services Agreement and its guidelines, as modified from time to time.
As an affiliate, we provide you with the Links necessary to promote BitMEX products and services, which you may display in any area of your web site or publishing location as you wish. The Links will identify your site as a member of our Affiliate Program and will establish a Link from your web site or publishing location to ours. You acknowledge and agree it is your sole responsibility to indicate your correct unique referral or affiliate ID in the promo materials you use on your web site or publishing location. You may promote the products and services that BitMEX offers in any manner you choose unless it misleads Visitors about BitMEX services.
BitMEX will not be responsible for lost sales or lost opportunity to earn Commission due to any cause (such as technical difficulties or over-capacity including system overload or load shedding) preventing BitMEX from registering any account, accepting deposits, executing trades, closing positions, or providing any other product or service to the Visitor. BitMEX is also responsible for tracking referral sales and Commissions and providing this information to the referrer via activity reporting tool available within BitMEX account.
Under no circumstances shall we be liable for any direct, indirect, incidental, punitive, special, or consequential damages for any reason whatsoever related to this agreement, your use or inability to use our web site(s) or the materials and content of the web site(s) or any other web sites Linked to such web site(s) or your provision of any personally identifiable information to backend service provider or any third party. This limitation applies regardless of whether the alleged liability is based on contract, tort, warranty, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damages or such damages were reasonably foreseeable. Because certain jurisdictions do not permit the limitation or elimination of liability for consequential or incidental damages, our liability in such jurisdictions shall be limited to the greatest extent permitted by law. If any provision of this limitation of liability is found to be unenforceable, only such provision shall be removed and the remainder shall be enforced to the greatest extent permitted by law.
With respect BitMEX, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under this Services Agreement, the service(s) provided by BitMEX, or your use of the service(s) provided by BitMEX, including, without limitation, infringement by you, or by anyone else using such service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the service(s) provided. When we may be involved in a suit involving a third party and which is related to our service(s) to you under this Agreement, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of these Agreement by you. The terms of this paragraph will survive any termination or cancellation of the Agreement.
You attest that you are of legal age to enter into this Services Agreement.
This Services Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Services Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
Nothing contained in this Services Agreement shall be construed as creating any agency, partnership, employment of any type or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Services Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Services Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Except as otherwise set forth herein, your rights under this Services Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Services Agreement, whether by attachment, levy, garnishment or otherwise, renders this Services Agreement voidable.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over BitMEX, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, BitMEX may immediately terminate this Services Agreement.
The section headings appearing in this Services Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section. You agree that BitMEX can modify this Services Agreement anytime and you agree to be bound by any changes.
© Copyright HDR Global Trading Limited (including its affiliates, subsidiaries and assigns) 2018. BitMEX and all associated logos, marks, illustrations, images, and the distinctive likenesses thereof, are either ® or ™, and/or © HDR Global Trading Limited (including its affiliates, subsidiaries and assigns), variably recorded in the Register of European Union Trade marks and variably under filing around the world. All Rights Reserved.