This Agreement contains the complete terms and conditions which apply to your
participation as a RushBucks affiliate promoting and marketing the Brands (“RushBucks Site”) and the Brands’ trading software platform (the “Platform”).
The parties to this Agreement hereinafter are Transition Marketing Limited (“RushBucks”,
“us”, “we”, “our”) and you, the affiliate (“Affiliate”, “you”, “your”).
By participating in the RushBucks Affiliate Program, you indicate your agreement to
the following terms and conditions by clicking the “I Agree” button below.
We may modify any of the terms and conditions contained in this Agreement, at any
time at our sole discretion. Posting on our Affiliate Program information site of
change of terms notice or a new agreement is considered sufficient provision of
notice and such modifications shall be effective as of the date of posting. If any
modification is unacceptable to you, your sole recourse is to terminate this Agreement
and your continued participation in the Affiliate Program. Due to the above, we
advise you to frequently visit the Affiliate Program information site and review
the terms and conditions of this Agreement.
- Affiliate Program Application
To enroll as an Affiliate, please read this Agreement in its entirety and then
submit the complete Affiliate Program application to us via the Rush Bucks Site.
We will then evaluate your application and, where applicable, notify you of your
acceptance. We may reject your application if we determine, in our sole discretion,
that your site is not suitable for the Affiliate Program for any reason, including,
but not limited to, inclusion of content on your site that we deem is in any way
unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically
or otherwise objectionable. Similarly, we shall reject your application if we determine,
in our sole discretion, that your site is designed to appeal to minors.
In the event of your acceptance to the Affiliate Program, we will make available
to you banner advertisements, button links, text links and other links as determined
by RushBucks which shall link to the Brand Sites (the “Links”), which you may
display on your sites, provided you abide by the terms and conditions of this Agreement.
In using the Links, you agree that you will cooperate fully with us in order to
establish and maintain the Links. You may not modify a Link, unless you have received
prior written consent from RushBucks to do so. In the event that we determine that
your use of any Link is not in compliance with the terms of this Agreement, we shall
be entitled to take such measures as to render inoperative the Links used by you.
You may not advertise the Brand Site or Platform in any way not approved in
advance by RushBucks including, without limitation, the use of spam e-mails, meaning
sending unsolicited mass emails or spam, whether via email or any other form. Any
Affiliate using spamming techniques for soliciting referrals will be in automatic
breach of this Agreement and will be immediately terminated and legally pursued
for any resulting damages.
- Use of client Brand and RushBucks Marks
During the term of this Agreement, RushBucks hereby grants you a limited, revocable,
non-exclusive and non-transferable license to place the Links on your site during
the term of this Agreement, and solely in connection with the Links, to use our
logos, brands, trade names, trademarks, service marks and similar identifying material
(collectively, “TradeRush, RedWood and RushBucks Marks”), solely for the purpose of promoting
the Brand Site and Platform. You acknowledge and agree that: (a) you will use
the Brands and RushBucks Marks only as permitted hereunder for purposes of promoting
the Brand Sites and Platform and may not sub-license, assign or otherwise transfer
the license; (b) you will use the Brands and RushBucks Marks in a lawful manner
and may not alter, modify or change the Brand and RushBucks Marks in any way
whatsoever; (c) you may not use the Brand and RushBucks Marks in any manner
that is disparaging or that otherwise portrays Brand or anyone else negatively;
(d) the Brands and RushBucks Marks are and shall remain the sole property of
RushBucks; and (e) you shall not, now or in the future, contest the validity of
any Brand and RushBucks Marks or use any term or mark confusingly similar to
any Brand and RushBucks Marks.
We may revoke your license to use the Brands and RushBucks Marks at any time
by written notice to you. You acknowledge that, except for the license which may
be granted to you in connection hereto, you have not acquired and will not acquire
any right, interest or title to the Links or the brands and RushBucks Marks by
reason of this Agreement or your activities hereunder. The aforementioned license
shall terminate upon the termination of this Agreement.
- Unethical Marketing
In addition to the restrictions regarding protection of minors and spamming, as
set forth above, Affiliate shall not (a) engage in any fax, broadcast or telemarketing
with respect to RushBucks, the Brand Sites and/or the Platform, (b) use scum ware
techniques or use any other aggressive advertising or marketing methods in any of
its dealings relating to RushBucks, the Brand Sites and/or the Platform, (c)
make any false, misleading or disparaging representations or statements with respect
to RushBucks, the Brand Sites or the Platform or (d) engage in any other practices
which may affect adversely the high image, credibility or reputation of RushBucks,
the Brands Sites or the Platform, 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.
In addition, you shall perform your obligations here under in accordance with the
highest applicable industry standards and in compliance with all applicable laws,
rules and regulations.
- Brand name bidding
Affiliates shall NOT bid on any of the RushBucks Brand Site partners (BossCapital, RedwoodOptions, TradeRush, MagnumOptions) names, trademarks, service marks and brand names, on any pay-for-placement search engines, including, but not limited to google.com, yahoo.com & bing.com, inclusive of all device types (desktop, mobile, etc.), as well as any contextually targeted advertising networks, where an ad is triggered by use of a targeted keyword, such as the Google Content Network.
This includes, but is not limited to, the following RushBucks terms and any variations or misspellings of such terms:
BossCapital, Boss Capital, Boss-Capital, Traderush, Trade Rush, Trade-Rush, RedwoodOptions, Redwood Options, Redwood-Options, MagnumOptions, Magnum Options, Magnum-Options etc.
Furthermore, affiliates shall not use any of the above listed branded terms in conjunction with any other terms, including but not limited to, phrases such as: “BossCapital Review”, “MagnumOptions Open account”, “Traderush official site,” or any other keyword phrases that includes any terms prohibited for keyword advertising. Using Google or any other engine’s broad match or similar feature to appear on search ads targeted to these terms is also prohibited.
Any affiliate that fails to comply with the terms and conditions of the bidding policy mentioned above may have commissions fortified to RushBucks for the month in which the unauthorized use occurs and/or may be terminated from the RushBucks Affiliate Program immediately.
- New Traders
A “New Trader” shall mean an Internet user without a prior account with the Brands
who accesses the Brand Sites directly through the Links, opens a new user account
and makes the required minimum deposit in such account. To permit accurate tracking,
reporting, and commission accrual, you must ensure that the Links between your site
and the Brand Sites are properly formatted throughout the term of this Agreement.
For the avoidance of any doubt, Brand’s policy is not to accept New Traders
from certain excluded territories, attached as Annex 1, as may be amended from time
to time by RushBucks (the “Excluded Territories”).
You shall receive a commission pursuant to the Revenue Share Scheme, as set forth
below, the choice of scheme to be made by you at your discretion.
CPA / Revenue Share Schemes
Affiliate Commission = 35% of the Net Revenue generated from the New Active Traders
referred to us by you.
For the purposes of this Agreement “Net Revenue” shall be calculated on a monthly
basis and shall mean the revenue generated by New Traders less amounts (i) paid
out through the redemption of gift certificates, coupons or credits; (ii) due to
credit card fraud, bad debts, cancellations, bonuses and credits.
The Affiliate Commission rate is subject to change at any time or from time to
time, in our sole and absolute discretion. You will be notified of any change in
the Affiliate Commission rate.
A commission will only be paid if the visitor to our site is tracked by the system from the time of the Link to the time of the sale. No commission will be paid if
the visitor to our site cannot be tracked by our system.
If the monthly calculation of Net Revenue results in a negative amount, such amounts shall be deducted from applicable Net Revenue in succeeding months.
*For first time depositors from India, Sri Lanka, Bangladesh and Nepal, CPA terms may differ than those presented on the site.
*RushBucks offers a default $50 CPA on Boss Capital and TradeRush for every first time depositor from the Russian Federation. Please note that the minimum initial deposit for Russian Federation clients is $90 in both trading platforms
All commissions shall be paid to you on a monthly basis, within approximately 30 days following the end of each month. Payment of commissions shall be made directly
to you as per your preferred payment method elected by you as part of your application
process. In the event that you provide RushBucks with incorrect or incomplete details
in relation to your preferred payment method and RushBucks is not able to transfer
the commissions to you, RushBucks reserves the right to subtract from the commissions
due to you an amount of money to reflect the required investigation and additional
work created by your provision of incorrect or incomplete details. RushBucks shall
be entitled to set-off from the amount of commission to be paid to you any associated
costs related to the transfer of such commission. In the event that the commission
to be paid to you in any calendar month is less than $250 (the “Minimum Amount”),
RushBucks shall not be obligated to make the payment until such time as the commission
is equal to or greater than the Minimum Amount. RushBucks retains the right to review
all commissions for possible fraud, where such fraud may be on the part of the New
Trader or on your part. Any incidence of fraud on your part, including without limitation
the opening of false accounts, constitutes a breach of this Agreement, and RushBucks
retains full authority to terminate this Agreement immediately in the event of such
breach. Further, in the event that the Brands and/or RushBucks deems that fraud has
occurred, either on your part or on the part of a New Trader, you shall not be entitled
to receive any commissions which have accrued to your benefit at such time whether
such commissions were generated through fraud or otherwise. You are urged to provide
accurate details in regard to the manner and information relating to your preferred
method of receiving commissions and RushBucks shall not be held liable for your
delayed receipt of commissions due to your provision of inaccurate details.
*Any commission still left on your RushBucks account over one year shall be forfeited to RushBucks.
- Term and Termination
The term of this Agreement will begin upon your acceptance to the Affiliate Program
and will end when terminated by either party. At any time, either party may immediately
terminate this Agreement, with or without cause, by giving the other party written
notice of termination, where such notice may be served via fax or e-mail. We reserve
the right to withhold your final payment for a reasonable time to ensure that the
correct amount is paid, provided however that if termination is due to fraudulent
accounts/activity, then you shall not be entitled to any payment.
Upon the termination of this Agreement for any reason: (a) each party shall return to the other party all property of the other party in its possession or control (including the Brand sites and RushBucks Marks and all Confidential Information); (b) you shall immediately cease displaying any Links, Brands and RushBucks. Marks on any Website or otherwise and any other names, marks, symbols, copyrights,
logos, designs, or other proprietary designations or properties owned, developed, licensed or created by us and/or provided by or on behalf of us to you pursuant
to this Agreement or in connection with the Affiliate Program, and (c) all rights
granted to you hereunder will immediately cease.
Following the termination of this Agreement and our payment to you of all commissions due at such time of termination, we shall have no obligation to make any further
payments of commissions to you.
Sections 8 through 13 shall survive the termination or expiration of this Agreement.
We may disclose to you certain information as a result of your participation as
part of the Affiliate Program, which information we consider to be confidential
(“Confidential Information”). Confidential Information shall remain strictly confidential
and secret and shall not be utilized, directly or indirectly, by you for your own
business purposes or for any other purpose except and solely to the extent that
any such information is generally known or available to the public or if the same
is required by law or legal process.
- Disclaimer of Warranty
RUSHBUCKS AND THE BRANDS MAKE NO WARRANTIES HEREUNDER, AND RUSHBUCKS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE BRANDS
AND RUSHBUCKS FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS
OR IMPLIED, THAT THE PLATFORM DOES NOT INFRINGE OR OTHERWISE VIOLATE ANY INTELLECTUAL
PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY IN ANY JURISDICTION. IN ADDITION,
WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE BRANDS AND RUSHBUCKS SITES
WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES
OF ANY INTERRUPTIONS OR ERRORS.
- Limitation of Liability
THE BRANDS AND RUSHBUCKS SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES
EVEN IF THE BRANDS AND RUSHBUCKS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE BRANDS AND RUSHBUCKS’ TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT
FOR ANY REASON WILL BE LIMITED TO THE COMMISSION PAID OR PAYABLE TO YOU BY RUSHBUCKS
DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM
You agree to indemnify, defend and hold harmless RushBucks 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) Your breach of any representation, warranty, obligation or
covenant under this Agreement; (b) your gross negligence or willful misconduct;
or (c) any warranty, condition, representation, indemnity or guarantee relating
to RushBucks, the Brand Sites and/or the Platform made by you.
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.
- General Provisions
Entire Agreement. This Agreement constitutes the entire understanding between the parties relating to the subject matter of this Agreement and supersedes any
and all prior agreements, representations, negotiations or understandings in relation
to its subject matter.
No Waiver. The failure of either party to enforce (or delay in enforcing) at any
time for any period any one or more of the terms of this Agreement shall not be
a waiver of such term(s) or of the rights of such party at any time subsequently
to enforce all the terms of this Agreement.
Independent Contractors. The parties to this Agreement are independent contractors
and nothing in this Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship between the parties.
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
here under, to any third party without prior written consent from RushBucks, to be given
or withheld at the sole discretion of RushBucks.
If any provision of this Agreement is invalid, illegal or unenforceable
for any reason, such provision shall be severed and the remaining provisions of
this Agreement shall continue in full force and effect as if this Agreement had
been executed with the invalid, illegal or unenforceable provision eliminated.
Applicable Laws. This Agreement shall be governed, construed and enforced in accordance
with the laws of the Seychelles. 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 Belize City, Belize, 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
English Version Prevails. This Agreement is translated into various languages
for your convenience. In the event of any conflict
or discrepancy between the English version and any other translated version, the
English version shall prevail.
- Excluded Traffic & Territories
Rushbucks will also not accept any customers acquired via direct telephone or chat contact with a third party call service or a “Social Trading Group”, which directs customers to follow third party services instead of those of the advertiser or broker services. In the case that such a user has successfully registered and deposited funds, Rushbucks, along with its broker clients, reserves the right to process a refund and have the account closed. Similarly, the affiliate will not receive a commission for the refunded deposit.
- Excluded Territories
Rushbucks cannot accept customers in Israel, however marketing partners from Israel
are welcome to join.
RushBucks offers a number of attractive features and promotions to its affiliates. Bonuses and other perks are rewarded to affiliates as part of the RushBucks promotions programs. These bonuses are limited time offers and the terms and conditions associated with any bonus rewards are subject to change at ANY point. Bonuses are given at the discretion of RushBucks and can be changed or revoked at any time. These bonuses are based on real new depositors referred by affiliates using RushBucks tracking links.
Any indication of fraud, manipulation or other forms of deceitful or fraudulent activity based on the provision of the bonus will nullify the affiliate account.
RushBucks and any affiliate manager associated with RushBucks have the right to change, update, modify and terminate any promotion at any given time. RusBucks has the right to deem any affiliate unworthy of a promotion or promotion participation. By participating in a RushBucks promotion you agree to the terms & conditions mentioned above.