The following agreement is between:
(1) RationalFX (Company number 05385999. Registered Address is Holland House, Bury Street, London EC3A 5AW) and [COMPANY]
(2) Affiliate Introducer: [COMPANY]
By which RationalFX agrees to authorise the Affiliate Introducer to promote and submit referrals for International Money Transfer services via:
- (a) A hyperlink from its website, and other approved websites, to http://www.xendpay.com.
- (b) Produce, provide and distribute leaflets, point-of-sale information, and other printed matter in relation to and for the marketing and promotion of the product;
- (c) Advertise, market and promote the sale of the product in various media (including but not limited to brochures and online advertising); and,
- (d) Provide customers, through such channels, access to the Xendpay website and the opportunity to obtain information about, and application forms, for the product.
However, the Affiliate Introducer must not incur in any liability on behalf of Xendpay as a result of the breaching any law.
Promotions and Campaigns on behalf of Xendpay must first be authorised and approved by us and respect limitations on the use of brand descriptions as follows:
1. Email Marketing Campaigns - Affiliates promoting Xendpay through email marketing must contact the Affiliate Team for creative sign off.
2. Paid Search - Xendpay operate a strict policy on paid search activity. These Terms and Conditions are applicable on any ad platform, including, but not limited to search engines, content networks and social networking ad placements.
In order to avoid any broad matching issues, affiliates must add RationalFX, RationalFX.co.uk, RationalFX.com, and Xendpay as negative keywords in all paid search activity.
Affiliates are not permitted to bid or appear on brand searches. Example: RationalFX, RationalFX.co.uk, RationalFX.com, Xendpay, Xendpay.com.
Affiliates are not permitted to bid or appear on extended or hybrid brand searches. Example: RationalFX rates, RationalFX marketwatch, RationalFX foreign exchange, Xendpay money transfers, Xendpay remittance.
Affiliates are not permitted to bid or appear on misspells or variations of brand searches. Example: R a t I o n a l f x, Rational-fx, Rational|fx, R.a.t.i.o.n.a.l.f.x., rational, Zendpay, Xenpay.
Affiliates are not permitted to use the RationalFX or Xendpay trademarks in any paid search activity, whether this is in ad text, copy or display URLs.
Unless explicit permission has been given, no affiliate is allowed to perform direct linking PPC activity to the Xendpay website; this includes using the Xendpay website as a display URL.
Affiliates also must not send traffic through automatic redirects on a website page.
Affiliates are not permitted to use the brand name (including misspells and variations) as a sub domain or sub folder. Example: RationalFXoffers.co.uk, RationalFX.affiliatesite.com, affiliatesite.co.uk/RationalFX, xendpaymoney.com, XP.com.
3. Intellectual Property Rights - Affiliates must respect the intellectual property rights of RationalFX and Xendpay. These rights include trademarks and service marks, copyright and related rights, trade names and domain names, rights to goodwill or to use in passing off and rights in confidential information. If an affiliate infringes these rights, we may remove them from the program and may retain any commission that would otherwise be due to the affiliate. Xendpay require clearance on draft proofs of any copy that is to appear in any offline communication including and not limited to press campaigns.
Anyone found infringing on these terms will be contacted by the Xendpay Affiliate Team. Please note anyone found contravening the T&C’s may have their commissions declined and face suspension from the programme. In extreme circumstances, Xendpay reserve to right to immediately suspend any affiliates found contravening these terms and conditions, declining any commissions accrued from the activity.
For more information, or further clarification on whether your activity would contravene any of the above Terms and Conditions please contact the affiliate team.
Xendpay will always aim to give as much notice as possible should any changes which affect affiliates and the affiliate program occur in the future.
At the end of each month, Xendpay will calculate the commission payable to the affiliate and advise by e-mail the amount due within 15 days.
The affiliate will then raise an invoice to RationalFX for the indicated amount plus VAT (if applicable), which we will pay within two weeks of receipt or such longer period as specified by the affiliate on its invoice.
If the amount payable is less than £50, the Company may elect at its sole discretion to postpone the raising of an invoice to the following quarter and aggregate the payments due at its discretion.
Term and Termination
This Agreement shall be effective from the Commencement Date for a period of one (1) year but subject to annual review on the anniversary of the date of this agreement and shall continue thereafter until terminated on three (3) months’ written notice by either party or until terminated in accordance with the provisions of this Agreement.
Each party shall be entitled to end the Term forthwith on written notice in the event that the other party commits a material breach of any term(s) of this Agreement and fails to remedy the breach within thirty (30) days of receipt of notice of the breach.
RationalFX shall be entitled to terminate this Agreement forthwith on written notice in the event that:
1. Affiliate Introducer shall cease to carry on its business (other than temporarily in the ordinary, and normal course, of carrying on its business) or shall have a liquidator, receiver or administrative receiver appointed to it or over any part of its undertaking or assets or shall pass a resolution for its winding up, (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction where the resulting entity shall assume all of the liabilities of it) or a court of competent jurisdiction shall adjudge it insolvent, or shall enter into any voluntary arrangement with its creditors, or shall be unable to pay its debts as they fall due;
2. Introducer is subject to a Change of Control;
3. Introducer is prevented by the FCA or any other authority from performing its obligations under the Agreement (or the terms of any consent from the authority are so onerous as to render the arrangement commercially unviable in the opinion of RationalFX (acting reasonably));
4. Introducer fails to comply in any respect with applicable regulations or requirements set by the FCA and/or any other authority from time to time; or,
5. Any relevant legislation, regulation or directive is implemented or modified or impacts on either party’s business.
Please feel free to contact the Xendpay affiliate team at firstname.lastname@example.org if you would like any further clarification or information on the Xendpay affiliate programme.