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) 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” and “your” refer to you or any agent, 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.
To enroll in the Affiliate Program, you must have an active BitMEX account, subject to and in compliance with the requirements of the BitMEX Terms of Service.
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 or entity that is not you (“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 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 payment on trades made by you, your employees, agents, representatives, or contractors, as well as made from several accounts owned by the same person; and BitMEX employees (and their immediate family members) are not allowed to participate in the BitMEX Affiliate Program.
You acknowledge and agree that you shall not:
You also acknowledge and agree that your web site or publishing location shall not:
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 affiliates will be paid 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 the affiliate’s 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, due to visitor/customer fraud, or due to visitor/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 any affiliate who does not strictly follow this 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 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 due to technical difficulties preventing BitMEX from registering an account, accepting deposits, executing trades, or providing any other product or service to the visitor. BitMEX is also responsible for tracking affiliate sales and commissions and providing this information to the affiliate 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 the Agreements, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the 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 these Agreements, 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 Agreements by you. The terms of this paragraph will survive any termination or cancellation of the Agreements.
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, 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 at our option.
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.