FXPartners Affiliate Agreement

This FX Partners Affiliate Agreement ("Agreement") governs the terms by which you, buyer, registered affiliate (“Affiliate”) may obtain the right to purchase training, services, audio and video information (“Products") and/or participate in the Internet Affiliate Program to earn commissions from  FX Partners International, S.A. (“FXP”) via our website located at www.fxpartners.com (“The Website”). This Agreement is in addition to those in the Terms of Use applicable to fxpartner.com, to which all affiliates or accessing content from fxpartners.com must agree. FXP retains the right to unilaterally modify or amend this Agreement at any time.

Affiliate agrees to be bound by the terms of this Agreement, the Terms of Use and consent with the use, as set forth in FXP's Privacy Policy, of any personally identifiable information you may provide to us. I understand and agree upon registration that as an Affiliate of FXP I may obtain the right to purchase training, services, audio and video information (“Products") from FXP via our website located at www.fxpartners.com.I have the right to introduce other individuals to become registered Affiliates of FXP Affiliate marketing program and no product purchase is necessary to become an Affiliate. In addition, I hereby agree to the following terms and conditions: This is a legal agreement between any Affiliate intending to obtain Products, training, services, audio and video information and/or participate in the Internet Affiliate Program to earn commissions from fxpartners.com and FX Partners International, S.A. (“FXP”) the owner of fxpartners.com. This Agreement hereby incorporates the provisions of fxpartners.com Terms of Use www.fxpartners.com/terms.php, FX Partners Product Sales Agreement www.fxpartners.com/agreement.php, and fxpartners.com Privacy Policy www.fxpartners.com/privacy.php, FXP compensation plan, and the policies & procedures constitute the entire agreement between FXP and Affiliate  and no other promises, representations, guarantees, or agreements of any kind will be valid unless in writing and officially authorized by FXP. This provision does not in any way limit FXP's ability to unilaterally amend or modify this Agreement, the FXP’s.com compensation plan, and the policies & procedures without FXP’s prior written consent.

By clicking the box at the end of this Agreement that reads "I AGREE", Affiliate agrees to be bound by the terms of this Agreement, the FXP Product Sales Agreement, the FXP’s Terms of Use and consent with the use, as set forth in FXP's Privacy Policy, of any personally identifiable information you may provide to us. We suggest that you print a copy of the Agreement, including the FXP Product Sales Agreement, the Privacy Policy and the Terms of Use, for your records. Upon accepting the terms of this Agreement, and by being accepted by FXP as an Affiliate, you may purchase the Products listed on fxpartners.com pursuant to the terms hereof. Each subsequent purchase of Products will be governed by, and confirm your assent to, the terms and conditions of the then current version of this Agreement.

1.  Representations of FXP Affiliate.

a.    I am competent and of legal age to enter into binding contracts in the Province, State or jurisdiction in which I enter this Agreement with FXP.
b.    Neither I nor my spouse has been an Affiliate of FXP, and has not owned, had ownership affiliation with, or purchased Products from FXP or any FXP merchant Partner in the past six months.
c.     I understand that as an Affiliate, I am an independent contractor, and not an agent, employee, legal representative or franchisee of FXP.I further understand and agree that I will not be treated as an employee for United States federal or state or Canadian federal or provincial tax purposes, nor for purposes of the United States Federal Unemployment Tax Act, the United States Federal Insurance Contributions Act, the United States Social Security Act, United States State Unemployment Acts, United States State Employment Security Acts, United States State Workers Compensation Acts, Canadian Federal or Provincial Pension Plan Contributions Acts or Requirements, Canadian Federal or Provincial Unemployment Insurance Acts or Requirements, Canadian Provincial Employment Standards Acts, Canadian Federal or Provincial Worker's Compensation Acts or Requirements, or Canadian Provincial Health Tax Acts or Requirements. I agree to pay all applicable United States federal and state and Canadian federal and provincial income taxes, self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement. I further agree that if I am a non-resident of either Canada or the United States, I will be treated as an independent contractor subject to the laws as they pertain to independent contractors in my jurisdiction and as such, I will be responsible for payment of any taxes or other requirements as they may apply.
d.    I understand that the acceptance of this Agreement by FXP does not constitute the sale of a franchise and that there are no exclusive territories granted to anyone. I also understand that I am not acquiring any interest in a security.
 e.    I understand that my success as an Affiliate is dependent upon my own efforts and skills. I do not anticipate receiving financial compensation as a result of the efforts of any individual or entity other than myself. 
f.     I understand that FXP and FXPartners.com makes no claims or warranties of any kind including, but not limited to, any claims for earnings concerning its products, other than those included in the FXPartners.com official written literature. I will not create, publish, or distribute any literature or materials representing FXP or FXPartners.com or its Products other than that which is provided by FXP at FXPartners.com.
g.    I understand and agree that if I fail to pay for Products or services that I have ordered from FXP or any of FXP’s affiliated Merchant Partners on or before the payment due date, FXP is authorized to withhold the appropriate amounts from my commissions or compensation payments or withdraw the appropriate amounts from my credit card/electronic checking accounts, if any, which I have authorized FXP or FXPartners.com to charge.
h.    I agree to carefully review the FXP compensation plan and policies & procedures and acknowledge that they are to be incorporated as part of this Agreement in their then present form and as modified from time to time by FXP at its sole discretion
i.     I represent and warrant that all promotional means used by me will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities), and that I will not mislead others. I agree to use ethical and legal business practices and comply with the terms of this Agreement, maintain a privacy policy on my web site and for any non-web site based promotional method made available to others. FXP must approve all of my promotional activities and may deem my promotional activities inappropriate and a material breach of this Agreement in FXP’s sole discretion. FXP’s compliance department reviews Affiliate conduct and any suspected fraudulent, abusive or otherwise illegal content or activity by Affiliates through their promotional methods is grounds for immediate termination of your status as an Affiliate of FXP and deactivation of your FXP account.
j.     I will not use any of FXP’s trade names and/or trademarks except in advertising provided to me by FXP, nor will I use other advertising without prior written approval by FXP.
k.     I understand the information contained in the Merchant Partners web pages found in FX Partners Forex Portal is privileged and confidential; it is only for the use of FX Partners Affiliate’s. Any distribution or copying of this web site back office is strictly prohibited and will be grounds for terminating the Affiliate from FX Partners International, Inc. and possible grounds for legal action. The information contained in fxpartners.com back office or on the Merchant Partners web pages found in FX Partners Forex Portal is privileged and confidential; it is only for the use of FXP’s Affiliate’s. Any distribution or copying of this web site back office is strictly prohibited and will be grounds for terminating the Affiliate from FXP and possible grounds for legal action. 
l.     I agree that I will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any successor legislation), and/or any other laws and/ or regulations that govern email marketing and/or communications. I represent and warrant that I will not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (software). Pop up/unders are acceptable on a first party basis only when triggered by my site content /site visit or by downloadable software applications for which I am the owner/operator. Pop up/unders delivered through downloadable software cannot engage in means that force clicks or perform redirects, or pop over a pay-per-click listing or natural search results. Pop up/unders must honor the FXP Code of Conduct requirements as contained within the policies & procedures of FXP, which may be modified from time-to-time This is a legal Agreement between any Affiliate intending to obtain Products, training, services, audio and video information and/or participate in the Internet Affiliate Program to earn commissions from FXP the owner of fxpartners.com.
m.   Upon notification to its Affiliates, FXP may, at its discretion, amend the FXP compensation plan, policies & procedures and this Affiliate Agreement. I agree to abide by any and all such amendments. The continuation of my FXP Affiliate status or my acceptance of commission or compensation payments from FXP constitutes my acceptance of any such amendments.
n.   I understand that there is no cost for me to register as an Affiliate of FXP however I will be charged an Affiliate registration fee of $99.00 USD which shall be withheld from any compensation due to me from FXP’s Affiliate Marketing Compensation Plan.  The term of this Agreement is one year from the date of my initial Affiliate registration fee payment. This Agreement will then be automatically renewed annually on each anniversary date of the payment of my original Affiliate registration fee, unless otherwise canceled. The annual Affiliate registration renewal fee for me to continue in FXP Affiliate Marketing Program and continue to be eligible for future compensation is $99.00 USD.
o. Affiliates will not be paid referral income on their own managed accounts. No affiliate may earn referral income from the same household. No affiliate may earn referral income as a representative/employee/contractor from a larger company, the referral income goes to the original referrer. No affiliate may earn referral income off their own company.

2.  Products

All products, training, services, audio and video information ("Products") descriptions of Products are listed on fxpartners.com by FXP and merchants through the Forex portal providers ("Providers"). FXP neither guarantees the quality or availability of any Products, nor warrants that Product descriptions or any other information posted on fxpartners.com regarding any Products are accurate, complete, reliable, current, or error-free. Furthermore, FXP is not a party to the sales to the affiliate of any Products and does not otherwise assume any responsibility or liability for any action, inaction or Product of any Providers.

3.  Purchase of Products

a.    FXP may have arrangements with one or more third party online payment services providers ("Payment Services Providers"), whereby such Payment Services Providers will process payments for Products purchased by Affiliate via fxpartners.com.
b.    Affiliate acknowledges that sales taxes, including but not limited to state and local taxes or value added tax on the sale or use of any fxpartners.com Products, or otherwise ("Sales Taxes"), may apply to the purchase of certain Products offered through fxpartners.com. Affiliate agrees to pay any such Sales Taxes in addition to the price of purchasing Products from fxpartners.com.   
c.    Promptly following your payment to the Payment Services Provider of any amounts owed by you to purchase a Product, FXP will provide you with an electronic mail message confirming your purchase. Buyer acknowledges that (i) firewalls and/or network security systems ("Security Restrictions") may affect your ability to access your Product, and (ii) FXP does not have the ability to predict Security Restrictions and any such Security Restrictions are beyond FXP’s ability to control.
d.    Affiliate acknowledges and accepts FXP's policy that all sales of Products are final and that all amounts paid by Affiliate for Products are non-refundable. Additionally, if Affiliate is unable to download or access any Products as a result of Security Restrictions or other causes outside of FXP's control, no refund will be provided.
e.    If you have any inquiries or complaints regarding your purchase of any Products, please contact support@fxpartners.com FXP will promptly refer any communications from Affiliate to the Providers of the Product in question. In the event of any dispute between Affiliate and any Providers, you hereby fully release and discharge FXP, the Officers, Directors, employees and FXP’s other affiliates from any demands, claims, liability or damages of any nature whatsoever, whether or not known, arising out of or otherwise based on such dispute.

4.  Restrictions on Use

Upon receipt of payment from Affiliate, FXP grants to you a limited, non-exclusive, non-transferable use of the Products according to the terms and conditions of this Agreement. Notwithstanding the foregoing, you agree not to (i) share, resell, sublicense or otherwise transfer the Products to any third party, or (ii) incorporate the Product into any item for resale, licensing or other transfer. Additionally, Affiliate agrees to be bound by any further restrictions imposed on Affiliate’s use of the Products by Providers through trademark and copyright laws set forth in the fxpartners.com Terms of Use Agreement, and in the Products description or other Products information or communication received from Providers at the time of delivery of the Products.

5.  Term and Termination

a.    This Agreement is effective until terminated by either Affiliate or FXP as provided below. Affiliate may cancel this Agreement for any reason at any time by giving written notice to FXP bearing Affiliates original signature, printed name, address, and Affiliate ID number. FXP may terminate this Agreement for any reason by giving Affiliate notice by electronic mail at the last address on record in your Affiliate membership information. If FXP otherwise terminates your Affiliate membership, such termination shall be deemed to be notice of termination of this Agreement as well.
b.    This Agreement will continue so long as Affiliate continues to accept compensation from FXP or until this Agreement is canceled by Affiliate or by FXP pursuant to the terms hereof or as stated within FXP’s policies & procedures.   The term of this Agreement is one year from the date of Affiliates initial affiliate registration fee payment. This Agreement will then be automatically renewed annually on each anniversary date of the payment of my original Affiliate registration fee, unless otherwise canceled. The annual Affiliate registration renewal fee to continue in FXP’S Affiliate Marketing Program and continues to be eligible for future compensation is $99.00 USD.
c.    The termination of this Agreement for any reason will not affect the accrued rights of the parties or the right of either party to sue for damages arising from a breach of this Agreement. In addition, Sections 1.c, 1.f, 1.i, 1.j, 1.k, 1.l, 3.b, 3.e, 4, 5.a, 6.b, 6.c, 7, 8, 9, and 10 shall survive, and remain in full force and effect, beyond the effective date of termination of this Agreement.

6.  Warranty and Disclaimer

a.    Affiliate represent and warrant that: (i) you are at least eighteen (18) years of age, and have the right to form legally binding contracts and to perform your obligations hereunder; (ii) your execution and performance of this Agreement will not violate any other agreement or obligation to which you are bound; (iii) you will comply with all applicable laws and regulations in performing your obligations and exercising your rights under this Agreement; and (iv) no Feedback you post on fxpartners.com will infringe or otherwise violate any rights of any third party.
b.    AFFILIATE EXPRESSLY AGREE THAT YOUR USE OF FXPARTNERS.COM, AND ANY PRODUCTS, ALL CONTENT, AUDIO AND VIDEO INFORMATION, SERVICES, TRAINING AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON FXPARTNERS.COM IS AT YOUR OWN RISK, AND THAT ALL SUCH PRODUCTS, ALL CONTENT, SERVICES, TRAINING, MATERIALS, AUDIO AND VIDEO INFORMATION  ARE PROVIDED BY FXP ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FXP MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF FXPARTNERS.COM OR THE PRODUCTS, ALL CONTENT, AUDIO AND VIDEO INFORMATION, MATERIALS OR SERVICES ON OR AVAILABLE VIA FXPARTNERS.COM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MARKETABILITY, PROFITABILITY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FXP DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR PRODUCTS ACCESSIBLE VIA FXPARTNERS.COM ARE ACCURATE, COMPLETE OR CURRENT AND FXP IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF FXPARTNERS.COM OR THE PRODUCTS SOLD OR LISTED  VIA FXPARTNERS.COM . FURTHER, FXP MAKES NO REPRESENTATIONS AND WARRANTIES THAT FXPARTNERS.COM OR ANY PRODUCTS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
c.    FXP WILL NOT BE RESPONSIBLE FOR THE LOSS OF ANY COMMISSION ON THE COMPENSATION PLAN BECAUSE OF ERRORS OR DELAYS IN RECEIVING AGREEMENTS, ORDERS, CHANGES OR OTHER NECESSARY INFORMATION.

7.  Limitation of Liability

IN NO EVENT SHALL FXP THE OFFICERS,DIRECTORS, EMPLOYEES AND AFFILIATESS OF FXP OR ITS PROVIDERS BE LIABLE TO AFFILIATE/BUYER OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF FXPARTNERS.COM, ANY PRODUCTS, TRAINING, SERVICES, AUDIO AND VIDEO INFORMATION, ALL CONTENT OR ANY DESCRIPTION OF PRODUCTS (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

8.  Indemnification

Affiliate shall indemnify, defend and hold FXP, Providers, you hereby fully release and discharge FXP, the Officers, Directors, employees and FXP’s other affiliates and Providers from any demands, claims, liability or damages of any nature whatsoever, whether or not known (“FXP Indemnities") harmless from any and all actions, claims, damages, expenses and liabilities of any nature whatsoever (including reasonable attorneys' fees and other legal costs) incurred or suffered by any such FXP Indemnities arising out of, or in connection with, any third party claim, demand or cause of action ("Claim") based upon or arising out of (i) any breach by you of this Agreement or the fxpartners.com Terms of Use; (ii) your gross negligence or willful misconduct; (iii) your use of fxpartners.com or any Products, all content, audio and video information, training, materials or other services contained or displayed therein; or (iv) your violation of any rights of any third party. FXP reserves the right, at your expense, to assume the exclusive defense and control of any Claim, and in such case, you agree to cooperate with FXP's defense of such Claim. If FXP does not exercise its right to assume the exclusive defense and control of a Claim, you shall not enter into any settlement agreement that adversely affects FXP without FXP's prior written consent.

9.  General Terms

a.    The terms of the fxpartners.com Affiliate Sales Agreement, Privacy Policy and Terms of Use are hereby incorporated as part of this Agreement.
b.    If you have any questions relating to this Agreement, fxpartners.com, FXP or Providers, please contact: admin@fxpartners.com.
c.    This Agreement is binding upon, and shall inure to the benefit of, the parties and their respective administrators, legal representatives, successors, and permitted assigns. The parties agree that no provision of this Agreement is intended, expressly or by implication, to purport to confer a benefit or right of action upon a third party (whether or not in existence, and whether or not named, as of the date Affiliate agrees to these terms).
d.    Nothing in this Agreement shall constitute or be deemed to establish a partnership, joint venture, association, agency or employment relationship between you and FXP, and neither party shall have the authority or power to bind the other party, or to contract in the name of the other party, in any manner or for any purpose.
e.    If the performance of FXP is prevented, hindered, delayed or otherwise made impracticable by reason of any cause beyond FXP's reasonable control each, a ("Force Majeure Event"), FXP shall be excused from such performance to the extent that it is prevented, hindered or delayed by such Force Majeure Event.
f.     No remedy conferred by any provision of this Agreement is intended to be exclusive of any other remedy, except as expressly provided in this Agreement, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing in law or in equity or by statute or otherwise.
g.    This Agreement will be governed by the laws of the Panama without regard to conflicts of laws principles, and you agree to the jurisdiction of the courts therein. This Agreement supersedes any and all prior agreements between the parties hereto, and constitutes the entire agreement between you and FXP, with respect to the subject matter hereof. No modification or amendment of this Agreement by Affiliate, or any waiver of rights under this Agreement by FXP or Affiliate, will be effective unless set forth in a writing signed by both parties. If one or more of the provisions of this Agreement is deemed invalid, unlawful, or unenforceable by law, then the remaining provisions will continue in full force and effect. All rights granted to FXP under this Agreement shall extend also to FXP's assignees and successors in interest. You may not assign or transfer any rights or obligations under this Agreement without the prior written consent of FXP.
h.    References to sections are to sections of this Agreement, unless otherwise indicated. Section headings are inserted for convenience of reference only and shall not affect the construction of this Agreement. The singular number shall include the plural, and vice versa. Any use of the word "including" will be interpreted to mean "including, but not limited to," unless otherwise indicated.
i.    If any provision of this Agreement is held to be invalid, all other provisions shall remain valid and enforceable.
j.     This Agreement hereby incorporates the provisions of fxpartners.com Terms of Use www.fxpartners.com/terms.php, FX Partners Affiliate Product Sales Agreement www.fxpartners.com/agreement.php, and fxpartners.com Privacy Policy www.fxpartners.com/privacy.php , FXP compensation plan, and the policies & procedures constitute the entire agreement between FXP and Affiliate  and no other promises, representations, guarantees, or agreements of any kind will be valid unless in writing and officially authorized by FXP. This provision does not in any way limit FXP's ability to unilaterally amend or modify this Agreement, the FXP’s.com compensation plan, and the policies & procedures without my prior written consent.
k.     It should be understood that Currency trading involves high risk. There is always a relationship between high reward and high risk. Any type of market or trade speculation that can yield an unusually high return on investment is subject to unusually high risk. Only surplus funds should be placed at risk and anyone who does not have such funds should not participate in trading foreign currencies. Currency trading is not suitable for everyone.

10.  Acknowledgment

 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF FXP AGREEING TO PROVIDE A MEANS FOR THE PURCHASE OF PRODUCTS VIA FXPARTNERS.COM AND BY CLICKING "I AGREE" BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

FX Partners Product Sales Agreement

This fxpartners.com Affiliate Product Sales Agreement ("Agreement") governs the terms by which you, buyer, affiliate (“Affiliate”) may obtain the right to purchase training, services, audio and video information (“Products") and/or participate in the Internet Affiliate Program to earn commissions from FX Partners International, S.A. (“FXP”) via our website located at www.fxpartners.com (“The Website”). This Agreement is in addition to those in the Terms of Use applicable to fxpartner.com, and the FXP Affiliate Agreement to which all affiliates or accessing content from fxpartners.com must agree. FXP retains the right to unilaterally modify or amend this Agreement at any time.

1.    Background

This is a legal agreement between any Affiliate intending to obtain Products, training, services, audio and video information and/or participate in the Internet Affiliate Program to earn commissions from fxpartners.com and FX Partners International, S.A. (“FXP”) the owner of fxpartners.com. This Agreement hereby incorporates the provisions of fxpartners.com Terms of Use www.fxpartners.com/terms.php, FX Partners Affiliate Agreement www.fxpartners/agreement.php, and fxpartners.com Privacy Policy www.fxpartners.com/privacy.php, FXP compensation plan, and the policies & procedures constitute the entire agreement between FXP and Affiliate  and no other promises, representations, guarantees, or agreements of any kind will be valid unless in writing and officially authorized by FXP. This provision does not in any way limit FXP's ability to unilaterally amend or modify this Agreement, the FXP’s.com compensation plan, and the policies & procedures without FXP’s prior written consent.

By clicking the box at the end of this Agreement that reads "I AGREE", Affiliate agrees to be bound by the terms of this Agreement, the FXP Affiliate Agreement, the FXP’s Terms of Use and consent with the use, as set forth in FXP's Privacy Policy, of any personally identifiable information you may provide to us. We suggest that you print a copy of the Agreement, including the Affiliate Agreement, the Privacy Policy and the Terms of Use, for your records. Upon accepting the terms of this Agreement, and by being accepted by FXP as an Affiliate, you may purchase the Products listed on fxpartners.com pursuant to the terms hereof. Each subsequent purchase of Products will be governed by, and confirm your assent to, the terms and conditions of the then current version of this Agreement.

This Agreement remains in full force and effect until terminated in accordance with its terms. If at any time the terms and conditions of this Agreement are no longer acceptable, Affiliate must follow the termination procedures set forth below under "Term and Termination."

2.    Products

All products, training, services, audio and video information ("Products") descriptions of Products are listed on fxpartners.com by FXP and merchants through the Forex portal providers ("Providers"). FXP neither guarantees the quality or availability of any Products, nor warrants that Product descriptions or any other information posted on fxpartners.com regarding any Products are; accurate, complete, reliable, current, or error-free. Furthermore, FXP is not a party to the sales to the affiliate of any Products and does not otherwise assume any responsibility or liability for any action, inaction or Product of any Providers.

3.     Purchase of Products

a. FXP may have arrangements with one or more third party online payment services providers ("Payment Services Providers"), whereby such Payment Services Providers will process payments for Products purchased by Affiliate via fxpartners.com.
b. Affiliate acknowledges that sales taxes, including but not limited to state and local taxes or value added tax on the sale or use of any fxpartners.com Products, or otherwise ("Sales Taxes"), may apply to the purchase of certain Products offered through fxpartners.com. Affiliate agrees to pay any such Sales Taxes in addition to the price of purchasing Products from fxpartners.com.   
c. Promptly following your payment to the Payment Services Provider of any amounts owed by you to purchase a Product, FXP will provide you with an electronic mail message confirming your purchase. Buyer acknowledges that (i) firewalls and/or network security systems ("Security Restrictions") may affect your ability to access your Product, and (ii) FXP does not have the ability to predict Security Restrictions and any such Security Restrictions are beyond FXP’s ability to control.
d. Affiliate acknowledges and accepts FXP's policy that all sales of Products are final and that all amounts paid by Affiliate for Products are non-refundable. Additionally, if Affiliate is unable to download or access any Products as a result of Security Restrictions or other causes outside of FXP's control, no refund will be provided.
e. If you have any inquiries or complaints regarding your purchase of any Products, please contact support@fxpartners.com FXP will promptly refer any communications from Affiliate to the Providers of the Product in question. In the event of any dispute between Affiliate and any Providers, you hereby fully release and discharge FXP, the Officers, Directors, employees and FXP’s other affiliates from any demands, claims, liability or damages of any nature whatsoever, whether or not known, arising out of or otherwise based on such dispute.

4.   Restrictions on Use

Upon receipt of payment from Affiliate, FXP grants to you a limited, non-exclusive, non-transferable use of the Products according to the terms and conditions of this Agreement. Notwithstanding the foregoing, you agree not to (i) share, resell, sublicense or otherwise transfer the Products to any third party, or (ii) incorporate the Product into any item for resale, licensing or other transfer. Additionally, Affiliate agrees to be bound by any further restrictions imposed on Affiliate’s use of the Products by Providers through trademark and copyright laws set forth in the fxpartners.com Terms of Use Agreement or other Products information or communication received from Providers at the time of delivery of the Products.
5.   Term and Termination

a. This Agreement is effective until terminated by either Affiliate or FXP as provided below. You may terminate this Agreement at any time by giving written notice to FXP by electronic mail at admin@fxpartners.com. FXP may also terminate this Agreement for any reason by giving Affiliate notice by electronic mail at the last address on record in your Affiliate membership information. If FXP otherwise terminates your Affiliate membership, such termination shall be deemed to be notice of termination of this Agreement as well.
b. The termination of this Agreement for any reason will not affect the accrued rights of the parties or the right of either party to sue for damages arising from a breach of this Agreement. In addition, Sections 3.b, 3.e, 4, 5.a, 6.b, 7, 8, 9, and 10 shall survive, and remain in full force and effect, beyond the effective date of termination of this Agreement.

6.    Warranty and Disclaimer

a. Affiliate represent and warrant that: (i) you are at least eighteen (18) years of age, and have the right to form legally binding contracts and to perform your obligations hereunder; (ii) your execution and performance of this Agreement will not violate any other agreement or obligation to which you are bound; (iii) you will comply with all applicable laws and regulations in performing your obligations and exercising your rights under this Agreement; and (iv) no Feedback you post on fxpartners.com will infringe or otherwise violate any rights of any third party.
b. AFFILIATE EXPRESSLY AGREE THAT YOUR USE OF FXPARTNERS.COM, AND ANY PRODUCTS, ALL CONTENT, AUDIO AND VIDEO INFORMATION, SERVICES, TRAINING AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON FXPARTNERS.COM IS AT YOUR OWN RISK, AND THAT ALL SUCH PRODUCTS, ALL CONTENT, SERVICES, TRAINING, MATERIALS, AUDIO AND VIDEO INFORMATION  ARE PROVIDED BY FXP ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FXP MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF FXPARTNERS.COM OR THE PRODUCTS, ALL CONTENT, AUDIO AND VIDEO INFORMATION, MATERIALS OR SERVICES ON OR AVAILABLE VIA FXPARTNERS.COM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MARKETABILITY, PROFITABILITY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FXP DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR PRODUCTS ACCESSIBLE VIA FXPARTNERS.COM ARE ACCURATE, COMPLETE OR CURRENT AND FXP IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF FXPARTNERS.COM OR THE PRODUCTS SOLD OR LISTED  VIA FXPARTNERS.COM . FURTHER, FXP MAKES NO REPRESENTATIONS AND WARRANTIES THAT FXPARTNERS.COM OR ANY PRODUCTS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

7.    Limitation of Liability

IN NO EVENT SHALL FXP THE OFFICERS,DIRECTORS, EMPLOYEES AND AFFILIATESS OF FXP OR ITS PROVIDERS BE LIABLE TO AFFILIATE/BUYER OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF FXPARTNERS.COM, ANY PRODUCTS, TRAINING, SERVICES, AUDIO AND VIDEO INFORMATION, ALL CONTENT OR ANY DESCRIPTION OF PRODUCTS (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

8.    Indemnification

Affiliate shall indemnify, defend and hold FXP, Providers, you hereby fully release and discharge FXP, the Officers, Directors, employees and FXP’s other affiliates and Providers from any demands, claims, liability or damages of any nature whatsoever, whether or not known (“FXP Indemnities") harmless from any and all actions, claims, damages, expenses and liabilities of any nature whatsoever (including reasonable attorneys' fees and other legal costs) incurred or suffered by any such FXP Indemnities arising out of, or in connection with, any third party claim, demand or cause of action ("Claim") based upon or arising out of (i) any breach by you of this Agreement or the fxpartners.com Terms of Use; (ii) your gross negligence or willful misconduct; (iii) your use of fxpartners.com or any Products, all content, audio and video information, training, materials or other services contained or displayed therein; or (iv) your violation of any rights of any third party. FXP reserves the right, at your expense, to assume the exclusive defense and control of any Claim, and in such case, you agree to cooperate with FXP's defense of such Claim. If FXP does not exercise its right to assume the exclusive defense and control of a Claim, you shall not enter into any settlement agreement that adversely affects FXP without FXP's prior written consent.

9.   General Terms

a. The terms of the fxpartners.com Privacy Policy and Terms of Use are hereby incorporated as part of this Agreement.
b. If you have any questions relating to this Agreement, fxpartners.com, FXP or Providers, please contact: admin@fxpartners.com.
c. This Agreement is binding upon, and shall inure to the benefit of, the parties and their respective administrators, legal representatives, successors, and permitted assigns. The parties agree that no provision of this Agreement is intended, expressly or by implication, to purport to confer a benefit or right of action upon a third party (whether or not in existence, and whether or not named, as of the date Affiliate agrees to these terms).
d. Nothing in this Agreement shall constitute or be deemed to establish a partnership, joint venture, association, agency or employment relationship between you and FXP, and neither party shall have the authority or power to bind the other party, or to contract in the name of the other party, in any manner or for any purpose.
e. If the performance of FXP is prevented, hindered, delayed or otherwise made impracticable by reason of any cause beyond FXP's reasonable control each, a ("Force Majeure Event"), FXP shall be excused from such performance to the extent that it is prevented, hindered or delayed by such Force Majeure Event.
f. No remedy conferred by any provision of this Agreement is intended to be exclusive of any other remedy, except as expressly provided in this Agreement, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing in law or in equity or by statute or otherwise.
g. This Agreement will be governed by the laws of Panama without regard to conflicts of laws principles, and you agree to the jurisdiction of the courts therein. This Agreement supersedes any and all prior agreements between the parties hereto, and constitutes the entire agreement between you and FXP, with respect to the subject matter hereof. No modification or amendment of this Agreement by Affiliate, or any waiver of rights under this Agreement by FXP or Affiliate, will be effective unless set forth in a writing signed by both parties. If one or more of the provisions of this Agreement is deemed invalid, unlawful, or unenforceable by law, then the remaining provisions will continue in full force and effect. All rights granted to FXP under this Agreement shall extend also to FXP's assignees and successors in interest. You may not assign or transfer any rights or obligations under this Agreement without the prior written consent of FXP.
h. References to sections are to sections of this Agreement, unless otherwise indicated. Section headings are inserted for convenience of reference only and shall not affect the construction of this Agreement. The singular number shall include the plural, and vice versa. Any use of the word "including" will be interpreted to mean "including, but not limited to," unless otherwise indicated.
i. It should be understood that Currency trading involves high risk. There is always a relationship between high reward and high risk. Any type of market or trade speculation that can yield an unusually high return on investment is subject to unusually high risk. Only surplus funds should be placed at risk and anyone who does not have such funds should not participate in trading foreign currencies. Currency trading is not suitable for everyone.

10.     Acknowledgment

 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF FXP AGREEING TO PROVIDE A MEANS FOR THE PURCHASE OF PRODUCTS or SERVICES VIA FXPARTNERS.COM AND/OR ANY OF ITS MERCHANT PARTNERS. BY CLICKING "I AGREE" UPON FIRST SIGNING UP AS EITHER A FREE MEMBER OR AFFIILATE, AND EACH TIME I SUBSEQUENTILY SIGN INTO ANY RELATED FXPARTNERS.COM OR MERCHANT PARTNERS SITE, I AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.