Common use of Affiliate Fee Clause in Contracts

Affiliate Fee. 5.1. The Affiliate Fee payable to the Affiliate shall be calculated in accordance with the Compensation Plan selected by, or assigned to the Affiliate. The amount of the Affiliate Fee shall be based solely and exclusively on the Administrator’s data and calculations as specified in the Reports. 5.2. The amount of the Affiliate Fee is generated from the amount of the commissions/fees/spread (whichever applicable) actually paid to ▇▇▇▇▇▇▇▇.▇▇▇ by the Introduced User referred by the Affiliate within the term of this Agreement. The amount of the Affiliate Fee is calculated by the Administrator unilaterally. The Administrator will apply market exchange rates when converting any fees/commissions or other payables by the Qualified User. 5.3. The Affiliate Fee shall be paid in US dollars ($) or in another fiat currency or virtual assets, chosen by the Affiliate (if available, agreed by the Administrator and permissible in accordance with the Rules). The Affiliate can choose the fiat currency of the Affiliate Fee payment from the options offered by the Administrator. If the currency, chosen by the Affiliate, is not USD, the exact amount payable to the Affiliate will be determined by the Administrator according to the exchange rate of USD to the chosen fiat currency according to mid-market rates, available at ▇▇▇▇://▇▇▇.▇▇.▇▇▇/currencytables/ as at the date preceding the date of payment. 5.4. The minimum withdrawable amount is 100 USD (in equivalent). Upon termination of this Agreement all available Affiliate’s balance shall be returned to the Affiliate without limitation of the minimum amount, unless the Administrator withholds the Affiliate's balance in accordance with this Agreement. 5.5. The Affiliate Fee calculated in accordance with this Section 5 shall be paid after the deduction of withholding taxes (if applicable). It is the Affiliate's sole responsibility to comply with any tax laws that apply to the Affiliate Fee. 5.6. The Administrator shall track Qualified Users’ activity for the purpose of calculating the Affiliate Fee and such information shall be available to the Affiliate in the Affiliate Section. The Administrator is entitled to automatically generate an invoice for the Affiliate Fee only for individuals. Legal entities should generate invoices on their own and provide them to the Administrator. 5.7. The Affiliate Fee shall be paid each month in a lump sum. The relevant payment shall be processed by the Administrator at the beginning of a month following the end of month in which the Services were provided and the Affiliate Fee – accrued. In the case that the Affiliate's balance at the end of a calendar month is less than 100 USD (in equivalent), such a balance shall be carried over to the following month, until it equals and/or exceeds 100 USD (in equivalent). The Affiliate Fee shall be paid by means of a bank transfer, an electronic payment system, or any other payment method(s) offered by the Administrator. For this purpose, the payment details provided by the Affiliate shall be used. The Affiliate must be the owner of the bank account, the rightful cardholder, or the owner of the e-wallet or the rightful owner of any other payment method used, the details of which are specified in the Affiliate Application. All charges and commissions imposed by intermediary or beneficiary banks, electronic payment systems or any other payment methods on the remittance of the Affiliate Fee, except for charges and commissions imposed by the Administrator’s bank, shall be covered by the Affiliate. 5.8. Notwithstanding any other term and condition of this Agreement, the Administrator may, at its sole and absolute discretion, withhold, delay or deny payment of the Affiliate Fee in any of the following events: the Administrator has reason to suspect that the Affiliate’s activity is not in compliance with any applicable Rules; the Administrator knows or has a reason to suspect that the Affiliate’s activity is in breach of this Agreement; the Affiliate has failed to provide any information as may be requested by the Administrator or has provided misleading or incorrect information; and/or the Administrator suspects or has been notified by any third party of the alleged infringement of third parties’ rights by the Affiliate or there is any infringement of third parties’ rules or rights applicable to the Affiliate while performing its obligations under this Agreement. 5.9. Notwithstanding any other term or condition of this Agreement, in the event that any activity in the Affiliate’s account, or in any account which appears to be controlled or managed by the Affiliate, is deemed suspicious by the Administrator in its sole determination, the Administrator may, at its sole and absolute discretion, delay payment of the Affiliate Fee to the Affiliate for up to one hundred and eighty (180) days in order to verify the suspicious activity. In the event that the Administrator determines that the Affiliate’s activity generates Fraudulent Traffic, the Administrator shall recalculate or withhold the Affiliate Fee, at its sole and absolute discretion. 5.10. In the event that the Administrator determines that the Affiliate’s activity constitutes illegal activity other than Fraudulent Traffic, including but not limited to fraudulent, deceptive, abusive or manipulative activity, the Administrator shall have the right, in addition to any other right or remedy available to it under this Agreement or applicable law, to render the Tracking URLs assigned to such Affiliate inoperative and withhold the Affiliate Fee. 5.11. If the Affiliate disagrees with the Reports or amount payable, the Affiliate must not accept the payment for such amount, must immediately return it and send the Administrator a written notice of dispute. Notices of dispute must be received by the Administrator within ten (10) calendar days of the end of each calendar month for which the payment is made, or the Affiliate's right to dispute such Report or amount payable will be deemed waived and the Affiliate shall have no claims in regards to the amount payable. If the Parties do not arrive at a reconciliation in respect of the Reports or amount payable the Administrator’s numbers or decisions shall govern the relations of the Parties. The acceptance of any payment from the Administrator by the Affiliate will be deemed full and final settlement of the Affiliate Fee due for the corresponding calendar month. 5.12. The Administrator may, at its sole and absolute discretion and in full compliance with the Rules, grant bonuses or other financial and/or non-financial incentives to the Affiliate (the “Bonuses”). The monetary Bonuses shall be paid together with, and according to the terms and conditions applied to the payment of the Affiliate Fee. Delivery of non-financial Bonuses (e.g., merchandise) shall be agreed on a case-by-case basis between the Administrator and the Affiliate.