AFFILIATE AGREEMENT
This Affiliate Agreement (“Agreement”) is between Wsmode.com, and any active user (“User”). By registering for and maintaining an active account with Wsmode.com, the User agrees to be bound by the terms of this Agreement, including automatic enrollment in the Company’s Affiliate Program as outlined herein.
1. Acceptance of Terms
• By registering and maintaining an active account on Wsmode.com, the User is deemed to have accepted the terms of this Agreement, which includes automatic enrollment in the Wsmode.com Affiliate Program.
2. Definitions
• User: An individual or entity that registers and maintains an active account on Wsmode.com.
• Active Account: An account that is in good standing with Wsmode.com, where the user regularly logs in and maintains subscription payments.
• Affiliate: A User who opts to participate in the Wsmode.com Affiliate Program and is eligible to earn commissions and bonuses as per the terms of this Agreement.
• Active Subscriber: An individual who has registered and paid for an account on Wsmode.com and maintains an active paid account.
• New Subscriber: An individual who registers and pays for a Wsmode.com account for the first time.
• Affiliate Program: The structured program set up by the Company to incentivize and reward Users for referring new subscribers to Wsmode.com through the use of an Affiliate’s username.
• Commission: The monetary reward paid to an Affiliate for each new subscriber that registers and maintains an account using the Affiliate’s username.
• Bonus: An additional monetary reward granted to an Affiliate upon achieving specific referral milestones within a given time frame as specified in this Agreement.
• Effective Date: The date on which a User completes the registration process and whose account is subsequently activated.
3. Affiliate Commissions and Bonuses
• Commission Eligibility: To earn commissions, an Affiliate must have their username used by a new subscriber at the time of registration and must have achieved at least one profit by tracking their ETF through the Wsmode app. This initial profit must be verified by Wsmode.com before any commissions are paid.
• Commissions: Each Affiliate will earn a commission of €48 (forty-eight euros) for each Active Subscriber who registers and pays for an account using the Affiliate’s username, provided the profit condition mentioned above is met.
• Bonus: Affiliates are eligible for a bonus of €100 (one hundred euros) if 10 new subscribers use their username to register and maintain active accounts within any consecutive three-month period, and if the Affiliate has met the initial profit condition.
• Payment Terms: Commissions and bonuses are payable only through PayPal, and only to PayPal accounts that are registered to the same email address used by the Affiliate to subscribe to the Wsmode app. Payments are made monthly, within 30 days following the end of each calendar month during which the revenues were received by the Company, provided the Affiliate’s initial profit condition has been met and verified by Wsmode.com.
4. Obligations and Conduct
• Promotional Activities: Affiliates are encouraged to ethically promote their username to potential new subscribers, adhering to all applicable laws and regulations. The Company may provide marketing guidelines and materials to assist in these efforts.
• Accuracy of Information: Affiliates must ensure that all promotional material and representations made about Wsmode.com are truthful and accurate.
5. Term and Termination
• This Agreement is effective as long as the User’s account remains active. Either party may terminate this Agreement at any time with prior written notice. Specific terms for termination and effects of termination remain applicable as defined.
6. Amendments to the Agreement
• Wsmode.com reserves the right to modify, add, or remove portions of this Agreement at any time, effective immediately upon posting the revised Agreement on the website or notifying users via other electronic means. Continued use of Wsmode.com services after such changes constitutes acceptance of the new terms.
7. Relationship of Parties
• Affiliates are independent contractors and not employees, partners, representatives, or agents of Wsmode.com. They have no authority to bind Wsmode.com to any obligation. This Agreement does not create any partnership, joint venture, employment, or agency relationship.
8. General Provisions
• This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings, both written and oral, between the parties regarding the subject matter hereof.
9. Data Protection and Privacy
• Both parties agree to comply with all applicable data protection laws in handling user data. The Affiliate must secure any personal data collected and process it solely for fulfilling their obligations under this Agreement.
10. Intellectual Property Rights
• All promotional materials, trademarks, service marks, and trade names provided by the Company to the Affiliate remain the property of Wsmode.com. The Affiliate is granted a non-exclusive, revocable right to use such materials solely in connection with promoting Wsmode.com, subject to compliance with this Agreement.
11. Performance and Tracking
• The sole method for tracking referrals to Wsmode.com is through the use of the Affiliate’s username during the new subscriber registration and purchasing process. The Company will exclusively rely on this username tracking to attribute new subscribers to Affiliates and calculate commissions.
12. Compliance with Laws
• The Affiliate agrees to conduct all activities under this Agreement in compliance with all applicable laws, regulations, and guidelines, including those related to advertising and consumer protection.
13. Limitation of Liability
• Wsmode.com will not be liable for indirect, special, or consequential damages arising in connection with this Agreement, and the total liability to the Affiliate under this Agreement for any claim is limited to the net amount paid to the Affiliate in the preceding three months.
14. Modification of the Program
• The Company reserves the right to modify any terms and conditions of the Affiliate Program at any time, at its sole discretion. If any modification is unacceptable to the Affiliate, their only recourse is to terminate this Agreement. Continued participation following the posting of any changes will indicate the Affiliate’s agreement to the changes.
15. Non-Exclusivity
• This Agreement does not create an exclusive agreement between the Affiliate and the Company. Both parties have the right to recommend similar products and services of third parties and to work with other parties in connection with the sale and promotion of similar services.
CONSENT AND ACKNOWLEDGMENT
• By registering and/or continuing to use an account on Wsmode.com, the User consents to the terms of this Agreement and acknowledges their automatic enrollment in the Affiliate Program.