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Terms and Conditions
	To be an authorized affiliate of Fusion Media Ltd., you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Forex Pros service as an affiliate. By signing up for the Forex Prosaffiliate program, you indicate your acceptance of this agreement and its terms and conditions. Terms & Conditions AFFILIATE AGREEMENT This Affiliate Agreement ("Agreement") is made by and between Fusion Media Limited. ("Fusion Media"), and the entity registered to be an Affiliate ("AFFILIATE") on the registration page (the "Registration Page") located at www.affiliates.forexpros.com (the " Site"). This Agreement shall govern the terms and conditions pursuant to which AFFILIATE shall promote Valid Leads generation over Fusion's sites. 1. RESPONSIBILITIES OF AFFILIATE. 1.1. Activities. AFFILIATE will use its best efforts and shall devote reasonable amounts of its time, personnel and resources to promote valid leads registration over the Fusion Media sites. 1.2. Creative. 1.2.1. Provided by Fusion Media. Fusion Media will provide to AFFILIATE copies of or access to such creative or other marketing and/or promotional materials relating to Fusion Media sites (the "Creative"). The Creative shall be accessible from the affiliate porogram The Creative is provided AS IS AND WITHOUT WARRANTY of any kind. 1.2.2. Use of Creative. AFFILIATE may display the Creative on the Websites solely for the purpose of marketing and promoting Fusion Media according the term of this Agreement. Fusion Media may, upon reasonable prior notice, instruct AFFILIATE to cease displaying the Creative. AFFILIATE may not (a) alter, amend, adapt or translate the Creative without Fusion Media 's prior written consent or (b) remove or alter any "TM," "®," copyright or other proprietary notice or designation, contained in or displayed on any Creative. Nothing contained within any Creative shall in any way be deemed a representation or warranty of Fusion Media with respect to the content entered to Fusion Media sites by Brokers or any other content providers. 1.3. Restrictions on E-Mail Marketing. In no event shall AFFILIATE engage in any e-mail marketing or promotion with respect to Fusion Media except as expressly set forth herein. In the event that AFFILIATE has an "opt-in" e-mail address list whereby the individuals or entities on the list have expressly elected to receive e-mails from AFFILIATE (an "Opt-in List"), AFFILIATE may make a written request to Fusion Media to send e-mails regarding Fusion Media, to the individuals or entities on the Opt-in List, in each instance. If Fusion Media has not responded in writing within fifteen (15) business days after receipt of such request, AFFILIATE shall provide Fusion Media with written notice of such failure to respond, and such request shall be deemed to have been denied if Fusion Media has not responded within ten (10) business days of receiving such notice. In the event Fusion Media approves such request, AFFILIATE shall comply with all applicable laws, rules, regulations and directives, including but not limited to those relating to e-mail marketing and "spamming". Without limiting the generality of the foregoing, AFFILIATE shall (a) not send any e-mail regarding FUSION MEDIA, FUSION MEDIA Related Entities and/or the Fusion Media web sites: (i) to any individual or entity that has not requested such information; (ii) to any type of "Safe List" or through any type of "Safe List" service; or (iii) as part of a confirmation or thank you letter as a result of a posting to a classified advertisement website or a "Free for All Links" website and (b) always include "unsubscribe" information at the top and bottom of any e-mail regarding FUSION MEDIA, FUSION MEDIA Related Entities and/or Fusion Media web sites. 1.4. Other Prohibited Activities. In addition to the restrictions of Section 1.3 above, AFFILIATE shall not (a) engage in any fax, broadcast or telemarketing with respect to FUSION MEDIA, FUSION MEDIA Related Entities and/or Fusion Media web sites, (b) make any "use of scumware" (as hereinafter defined) or use any other predatory advertising or marketing methods in any of its dealings relating to FUSION MEDIA, FUSION MEDIA Related Entities and/or Fusion Media web sites, (c) make any false, misleading or disparaging representations or statements with respect to FUSION MEDIA, FUSION MEDIA Related Entities or Fusion Media web sites or (d) engage in any other practices which may affect adversely the high image, credibility or reputation of FUSION MEDIA, FUSION MEDIA Related Entities or Fusion Media web sites, including but not limited to, using any Website in any manner, or having any content on any Website, that (i) promotes sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age and/or any illegal activities or (ii) violates any intellectual property or other proprietary rights of any third party. As used herein, "use of scumware" shall mean the use of pop-up banners that hide banners that are displayed on a website, the placement of icons beside keywords found in text that if clicked will take the visitor to another website, and other similar practices. 1.5. Compliance with Laws. In addition to, and without limiting the provisions of Sections 1.3 and 1.4 above, AFFILIATE shall perform its obligations hereunder in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations. 1.6. Duty to Inform. AFFILIATE shall promptly inform FUSION MEDIA of any information known to AFFILIATE related to any Leads, Prospective Affiliates (as defined in Section 3.1 below) or the web sites that could reasonably lead to a claim, demand or liability of or against FUSION MEDIA and/or the FUSION MEDIA Related Entities by any third party. 2. Valid LEAD FEES. With respect to each Valid Lead (as hereinafter defined), AFFILIATE shall be entitled to receive the Valid Lead fees as set forth in section 2.1 2.1 The Valid Lead Fees shall be due and payable within forty five (45) days after the end of the applicable month. FUSION MEDIA reserves the right to modify the Valid Lead Fees and/or the payment terms at any time upon reasonable advance notice to AFFILIATE. As used herein, a "Valid Lead" shall mean a Lead that (a) FUSION MEDIA has attributed to AFFILIATE pursuant to FUSION MEDIA's customary tracking protocols, including but not limited to, the use of AFFILIATE-specific "gateway" identifications, the use of separate reference pages, cookies, attributions questions or otherwise, (b) has successfully registered and filled all details within the applicable page, (c) has been approved by Fusion Media as a Valid Lead. 2.2 Fusion Media shall pay the affiliate a commission of $ 10 US for each Valid Lead as set forth in section 2.1 above. 3. SECOND TIER AFFILIATE PROGRAM. The provisions of this Section 3 shall apply only to the extent AFFILIATE has been accepted in FUSION MEDIA's "Second Tier Affiliate Program." 3.1. Prospective Affiliates. In addition to its activities pursuant to Section 1.1 above, AFFILIATE may also identify for FUSION MEDIA other marketing organizations and/or website owners and/or operators that may be prospective affiliates of FUSION MEDIA (each, a "Prospective Affiliate"), subject to the terms and conditions set forth herein. 3.2. Valid 2nd tier Affiliate Fees. With respect to each Valid Affiliate (as hereinafter defined), AFFILIATE shall be entitled to received a commission upon each valid lead supplied by it's 2nd tier affiliates as set forth on section 3.3 and 3.4 below. 3.3 The Valid 2nd tier Affiliate Fees shall be due and payable within forty five (45) days after the end of the applicable month. FUSION MEDIA reserves the right to modify the 2nd tier Valid Affiliate Fees and/or the payment terms at any time upon reasonable advance notice to AFFILIATE. As used herein, a "Valid 2nd tier Affiliate" shall mean a Prospective Affiliate that has (a) been attributed to AFFILIATE pursuant to FUSION MEDIA's customary tracking protocols, including but not limited to, the use of AFFILIATE-specific "gateway" identifications, the use of separate reference pages, cookies, attributions questions or otherwise, (b) been accepted by FUSION MEDIA, in its sole and absolute discretion, (c) registered as a "Fusion Media Affiliate" on the Registration Page and (d) begun actively promoting FUSION MEDIA, FUSION MEDIA Related Entities and/or the Fusion Media web sites within four (4) weeks of such registration. 3.4 Fusion Media shall pay the affiliate a commission of $ 1 US upon each valid lead supplied by its 2nd tier affiliates. 4. TERMINATION. 4.1. Termination. FUSION MEDIA may terminate this Agreement at any time, with or without cause, effective immediately upon notice to AFFILIATE. 4.2. Consequences of Termination. Upon expiration or termination of this Agreement: (a) each Party shall return to the other Party all property of the other Party in its possession or control (including all Creative and all Confidential Information, as defined in Section 6); (b) AFFILIATE shall immediately cease displaying any Creative on any Website or otherwise and (c) all rights granted to AFFILIATE hereunder will immediately cease. AFFILIATE shall be entitled to receive any Valid Lead Fees and/or Valid 2nd tier Affiliate Fees, as applicable, as may become due and owing to AFFILIATE pursuant to terms and conditions of this Agreement, during the three (3) month period immediately following the effective date of termination of this Agreement. 4.3. Survival. Sections 4.2, 4.3 and 5 through 10 shall survive the termination or expiration of this Agreement. 5. PROPRIETARY RIGHTS. 5.1. Proprietary Rights of FUSION MEDIA. As between AFFILIATE and FUSION MEDIA, the Creative, all demographic and other information relating to Leads, Valid Leads, Prospective Affiliates and Valid Affiliates, the web sites and all software, documentation, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, and any additional intellectual or other property used by or on behalf of FUSION MEDIA, together with all copyrights, trademarks, patents, and any other proprietary rights inherent therein and appurtenant thereto (collectively, "FUSION MEDIA Property") shall be and remain the sole and exclusive property of FUSION MEDIA. To the extent, if any, that ownership of any FUSION MEDIA Property does not automatically vest in FUSION MEDIA by virtue of this Agreement, or otherwise, AFFILIATE hereby transfers and assigns to FUSION MEDIA, upon the creation thereof, all rights, title and interest AFFILIATE may have in and to such FUSION MEDIA Property, including the right to sue and recover for past, present and future violations thereof. 6. CONFIDENTIALITY. Each Party acknowledges and agrees that any and all information associated with the other Party's business and not publicly known, including, but not limited to, the contents of this Agreement, specific trading information, technical processes and formulas, source codes, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs, and other unpublished financial information, business plans and marketing data, is confidential and proprietary information ("Confidential Information"), whether or not marked as confidential or proprietary. Each Party agrees to use the other Party's Confidential Information solely as necessary for performing its obligations hereunder. Each Party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (a) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such Party's obligations hereunder, who each shall treat such Confidential Information as provided herein; or (b) as required by any law, regulation, or order of any court of proper jurisdiction over the Parties and the subject matter contained in this Agreement. Confidential Information shall not include any information which is: (i) in the public domain, or is already known by or in the possession of the non-disclosing Party, at the time of disclosure of such information; (ii) is independently developed by the non-disclosing Party without breaching any provisions of this Agreement; or (iii) is thereafter rightly obtained by the non-disclosing Party from a source other than the disclosing Party without breaching any provision of this Agreement. 7. DISCLAIMER OF WARRANTY. FUSION MEDIA MAKES NO WARRANTIES HEREUNDER, AND FUSION MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8. LIMITATION OF LIABILITY AND INDEMNIFICATION. 8.1. Limitation of Liability. FUSION MEDIA SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF FUSION MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, FUSION MEDIA'S LIABILITY TO AFFILIATE UNDER THIS AGREEMENT FOR ANY REASON WILL BE LIMITED TO THE AMOUNTS PAID TO AFFILIATE BY FUSION MEDIA DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. 8.2. Indemnification. 8.2.1. AFFILIATE. AFFILIATE agrees to indemnify, defend and hold harmless FUSION MEDIA and the FUSION MEDIA Related Entities and the directors, officers, employees, subcontractors and agents thereof (collectively, the "Indemnified Party"), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon or arises out of: (a) AFFILIATE's breach of any representation, warranty, obligation or covenant under this Agreement; (b) AFFILIATE's gross negligence or willful misconduct; or (c) any warranty, condition, representation, indemnity or guarantee relating to FUSION MEDIA, FUSION MEDIA Related Entities and/or Fusion Media web sites granted by AFFILIATE to any Lead, Prospective Affiliate or other third party. 8.2.2. Notice. In claiming any indemnification hereunder, the Indemnified Party shall promptly provide AFFILIATE with written notice of any claim which the Indemnified Party believes falls within the scope of the foregoing paragraphs. The Indemnified Party may, at its own expense, assist in the defense if it so chooses, provided that AFFILIATE shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement intended to bind the Indemnified Party shall not be final without the Indemnified Party's written consent, which shall not be unreasonably withheld. 9. NON-EXCLUSIVE REMEDIES. In the event (a) AFFILIATE markets or promotes FUSION MEDIA, any FUSION MEDIA Related Entity or any of the Fusion Media web sites to any person or entity outside of the Territory or (b) of any breach or threatened breach of any provision of Sections 1.2.2, 1.3, 1.4, 1.5, 5 and/or 6 above, in addition to all other rights and remedies available to FUSION MEDIA under this Agreement and under applicable law, FUSION MEDIA shall have the right to (i) immediately enjoin all such activity, without the necessity of showing damages or posting bond or other security, (ii) immediately terminate this Agreement and AFFILIATE's engagement hereunder, (iii) receive a prompt refund of all amounts paid to AFFILIATE hereunder and (iv) be indemnified for any losses, damages or liability incurred by FUSION MEDIA in connection with such violation, in accordance with the provisions of Section 8 above. 10. GENERAL PROVISIONS. 10.1. Force Majeure. If the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action (including, but not limited to, any law, regulation or embargo prohibiting the performance contemplated hereunder and/or the failure or refusal of a government agency to issue a license required for any performance pursuant to this Agreement), labor disputes, act of God or any cause beyond the reasonable control of that Party, the Party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause. Notwithstanding anything herein to the contrary, the Party prevented from performing hereunder by a force majeure event shall nevertheless use its best efforts to recommence its performance hereunder as soon as reasonably practicable and to mitigate any damages resulting from its non-performance hereunder. 10.2. Independent Contractors. The Parties to this Agreement are independent contractors. Neither Party is an agent, representative or Related Entity of the other Party. Neither Party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party. 10.3. Notice. Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes (a) on the delivery date if delivered personally or by e-mail to the Party to which the same is directed; (b) two (2) business days after deposit with an internationally recognized commercial overnight courier service, with written verification of receipt; or (c) five (5) business days after deposit in certified or registered mail, return receipt requested, postage and charges prepaid, to the respective addresses of the Parties as set forth on the Registration Page. 10.4. No Waiver. The failure of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such Party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. Each waiver shall be set forth in a written instrument signed by the waiving Party. 10.5. Entire Agreement. This Agreement, including all Exhibits hereto, sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the Parties with respect to the subject matter hereof as set forth herein. Neither Party shall be bound by, and each Party specifically objects to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is proffered by the other Party in any correspondence or other document, unless the Party to be bound thereby specifically agrees to such provision in writing. 10.6. Amendments and Modifications. No amendment or modification of any provision of this Agreement shall be valid unless set forth in a written instrument signed by both Parties. 10.7. Assignment. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties to this Agreement and to their respective heirs, successors, assigns and legal representatives. AFFILIATE shall have no right to assign or otherwise transfer this Agreement, or any of its rights or obligations hereunder, to any third party without FUSION MEDIA's prior written consent, to be given or withheld in FUSION MEDIA's sole discretion. 10.8. Applicable Laws. This Agreement shall be governed, construed and enforced in accordance with the laws of the British Virgin Islands. Each Party agrees that any legal action, proceeding, controversy or claim between the Parties arising out of or relating to this Agreement may be brought and prosecuted only in a court of law in the British Virgin Islands, and by execution of this Agreement each Party hereto submits to the exclusive jurisdiction of such court and waives any objection it might have based upon improper venue or inconvenient forum. By marking the "I accept" checkbox, AFFILIATE hereby fully agrees with all terms and provisions.


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