1. Introduction

These Fastex Affiliate Program terms and conditions (“Terms”) constitute an "Agreement" between you and Fastex. This Agreement governs your participation in the Fastex Affiliate Program (the "Program"). If you are participating or registering on behalf of a business, the term "you" refers to that business, and you represent and warrant that you have the authority to bind the business to this Agreement.

In this Agreement, "Fastex" "Company" "we," or "us" refers to Fastex Eurpope UAB, a company incorporated limited liability company with company number 306161650 and whose registered office is Mėsinių g.5, Vilnius, Lithuania.

By participating in or registering for the Program, or by otherwise indicating your acceptance of this Agreement (e.g., by clicking a button or checking a box on a webpage), you agree to the terms of this Agreement, which may be updated from time to time by Fastex, and any other rules or guidelines that may be applicable.

The Affiliate Program is a part of the “Fastex Services" as defined in the Fastex Terms and Conditions ("Fastex Terms"). Any aspect, feature, or circumstance not explicitly addressed or regulated by these Terms shall be governed by and subject to the Fastex Terms.

By accepting these specific Terms, affiliates acknowledge that they have read, understood, and agree to comply with the Fastex Terms. In the event of any inconsistency between these Terms and the Fastex Terms, these Terms shall prevail.

2. Definitions and interpretation

2.1. In these Terms, except where the context requires others, the following terms shall have the following meanings:

“Affiliate” means an individual or entity granted affiliate status under the Program, who actively promotes the platform and invites new users in accordance with these Terms.

“Applicable Law” means all relevant or applicable statutes, laws (including rules of common law), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgements, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations (whether of a governmental body, regulatory or other authority, or self-regulatory organisation of which Fastex is a member), that are applicable to the provision, receipt or use of these Terms.

“Business Day” means all days excluding Saturday, Sundays, and any bank holiday in accordance with the Applicable Law.

“Commissions” means the fees payable to the Affiliate as described here;

“Dispute” means any dispute, claim, controversy or difference arising out of, relating to or having any connection with the Terms, including any dispute as to their existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability or the consequences of their nullity, and any dispute relating to any non-contractual obligations arising out of or in connection with them.

“Intellectual Property Rights” means: (a) copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or unregistered); (b) applications for registration, and rights to apply for registration, of any of the foregoing rights; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

“Website” means the website located https://exchange.fastex.com/affiliates

2.2. In these Terms:

a. clause headings and numbering are for convenience only and do not affect the meaning, priority or interpretation of any clause or sub-clause of these Terms;

b. the words “include” or “including” shall mean including without limitation and include without limitation respectively;

c. any undertaking to do or not do a thing shall be deemed to include an undertaking not to permit or suffer the doing of that act or thing;

d. words importing the Fastex include the plural and vice versa and words importing a gender include any gender; and

e. any reference to a document is to that document as amended, varied or novated from time to time otherwise than in breach of these Terms or that document.

3. Eligibility

To become a Fastex Affiliate Partner, you confirm that:

• You are at least 18 years old or the legal age of majority in your jurisdiction, whichever is higher.
• You have the legal capacity to enter into a binding agreement.
• You meet all the eligibility requirements outlined below for individuals, crypto communities, or businesses and organizations.
• You agree to comply fully with these Terms and any Applicable Laws or regulations related to your participation in the affiliate program.
• Crypto community leaders and content creators who are interested in becoming Fastex Affiliate partners, are encouraged to register for the program.

4. Becoming a Fastex Affiliate

To participate in the Fastex Affiliate Program, you must follow the steps below:

• Prospective affiliates must complete and submit the application form available on the Website.
• Fastex will evaluate applications based on its eligibility criteria. Approval is at Fastex's sole discretion, and applicants will be notified of the decision within a reasonable time frame. Affiliates are responsible for sharing referral links in compliance with all Applicable Laws, regulations, and these Terms.
• Affiliates are eligible to earn Commissions based on successful referrals. A successful referral is defined as a new user registering for a Fastex account via the Affiliate’s
• referral link and completing eligible transactions. Commissions rates and applicable conditions are subject to change at Fastex’s sole discretion.

5. Performance

Unless otherwise specified in an addendum, you are solely responsible for determining the timing, location, methods, and frequency of Fastex Affiliate Program activities, in compliance with these Terms. Additionally, you bear all costs, taxes, and expenses incurred in connection with Fastex Affiliate Program activities, unless explicitly stated otherwise.

6. Commissions and payment

Fastex offers an attractive Commission structure, providing affiliates with competitive earning opportunities. In certain exceptional cases, Commission rates may exceed or less this percentage, subject to prior agreement and specific conditions.

Affiliate payments are processed daily and are directly credited to the user’s spot wallet, ensuring timely and hassle-free transactions.

For tax purposes or upon Fastex's request, the Affiliate shall issue invoices for the Commissions, including VAT if applicable.

The Affiliate shall bear any VAT imposed by governmental or tax authorities.

7. Affiliate’s obligations

The Affiliate agrees to:

• Provide and maintain accurate, complete, and up-to-date information when registering for the Program and in their Program account. Fastex reserves the right to decline any registration. The Affiliate is responsible for all activity under their account. Affiliates may possess only one account unless otherwise authorized by Fastex.
• Comply with all Applicable Laws, including regulations related to advertising, social media, and competition, as well as the terms and policies of online platforms used to promote Fastex.
• Refer all enquiries from the media and other third parties received by them concerning Fastex or this Agreement to such representative of Fastex as may be notified by Fastex to the Affiliate.
• Notify Fastex immediately of any criminal prosecution, complaint, or significant inquiry brought against them, as well as any material changes in their circumstances or activities that could reasonably be expected to impact Fastex adversely.

8. Affiliates warranties and indemnity

The Affiliate represents and warrants to Fastex that:

• they have the legal capacity and no conflicting obligations to enter into and perform this Agreement;
• if a natural person, they are at least 18 years old and will provide proof of age if requested;
• they have no unspent criminal convictions as of the effective date of the agreement;
• they have not published or shared discriminatory, extremist, or otherwise inappropriate content, as determined by Fastex and its affiliates companies;
• they have not used artificial means to inflate follower counts or engagement metrics;
• their content does not infringe third-party rights, violate laws, or include defamatory material;
• the rights granted to Fastex are free of prior claims, encumbrances, or assignments;
• they have disclosed all relevant facts, including any existing or potential endorsement agreements with third parties.
• they shall indemnify Fastex for any losses, costs, or liabilities arising from third-party claims or regulatory actions resulting from breaches of this Agreement or Applicable Laws.

9. Fastex Intellectual Property Rights

All Intellectual Property Rights, including but not limited to patents, copyrights, trademarks, trade secrets, and any other proprietary rights, that are owned or controlled by Fastex prior to the commencement of this Agreement or developed independently of these Terms, shall remain the sole and exclusive property of Fastex. Nothing in these Terms shall be interpreted as granting, transferring, or assigning any rights, title, or interest to the Affiliate.

Except as expressly provided in these Terms, no rights or licenses in any intellectual property are granted by either party to the other. Any use, reproduction, modification, or distribution of the other party's Intellectual property Rights without prior written consent is prohibited.

You agree and acknowledge that your Affiliate image will be of the highest quality. Should the quality of the Fastex Affiliate Program activities you conduct fall below a standard deemed acceptable by Fastex, Fastex reserves the right to terminate your permission to use the Fastex Intellectual Property Rights if the quality is not restored within a reasonable time.

Upon termination of the Affiliate’s participation in the Fastex Affiliate Program, the Affiliate must immediately cease all use of Fastex Intellectual Property Rights and return or destroy any materials containing Fastex Intellectual Property Rights as directed by Fastex.

10. Limitation of liability and indemnity

Liability under this clause includes all forms of liability arising under or in connection with this Agreement, including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution, or any other basis.

Fastex’s total liability to the Affiliate under this Agreement is limited to the total Fees payable to the Affiliate. Fastex is not liable for loss of profits, sales, business, agreements, contracts, anticipated savings, data, software, or information. Fastex also excludes liability for damage to goodwill or reputation, indirect, incidental, special, or consequential losses, as well as loss of publicity or missed opportunities to enhance the Affiliate’s reputation, even if the Program is delayed or terminated.

11. Changes to these Terms

We can make changes to these Terms and any terms and conditions incorporated by reference at any time and your acceptance of these Terms constitutes your express consent to this.

12. Termination

Fastex reserves the right to terminate this Agreement immediately, either without cause or in the event of a breach of this Agreement or the Program terms by the Affiliate. Upon termination, all rights granted under this Agreement will cease, and the Affiliate must immediately stop all Fastex Affiliate Program activities.

The Affiliate may terminate this Agreement at any time without cause by providing Fastex with thirty (30) calendar days' prior written notice.

The obligations related to outstanding payments, as well as the provisions of Clauses “Limitation of Liability and Indemnity”, “Termination”, and “Other Provisions”, shall survive the termination or expiration of this Agreement.

13. Other Provisions

13.1 Assignment

The Affiliate may not assign, transfer, subcontract, or otherwise deal with any of its rights or obligations under this Agreement without Fastex’s prior written consent. Fastex may assign, transfer, subcontract, or otherwise deal with its rights and obligations under this Agreement at its sole discretion without notifying the Affiliate.

13.2 Costs and Expenses

Each Party shall bear its own costs and expenses, including taxes, legal fees, and other professional costs, incurred in connection with the negotiation, execution, and performance of this Agreement.

13.3 Notices

All notices under this Agreement must be in writing and sent to the other Party’s designated address or email.

13.4 Invalidity

If any provision of this Agreement is found to be illegal, invalid, or unenforceable, it shall be modified or removed to the extent necessary to make it valid and enforceable, while preserving the intent of the Parties. The remaining provisions of this Agreement shall remain in full force and effect.

13.5 Data Protection

The Parties acknowledge that fulfilling this Agreement may involve the processing of personal data. Each Party agrees to comply with applicable data protection laws, including the General Data Protection Regulation (GDPR), and ensure that any personal data is processed solely for the purposes of performing this Agreement.

13.6 Non-Solicitation

For the duration of this Agreement and for two (2) years after its termination, the Affiliate shall not directly or indirectly solicit or attempt to solicit Fastex’s employees, agents, or clients, or interfere with Fastex’s relationships with them.

13.7 Independent Relationship

This Agreement establishes an independent contractor relationship between the Parties. Nothing in this Agreement shall create a partnership, joint venture, agency, or employment relationship, and neither Party has the authority to bind or act on behalf of the other.

Risk Disclaimer: Trading digital currencies carries inherent risks and may lead to the loss of your invested capital. It is essential to only invest amounts you can afford to lose and to ensure that you fully comprehend the associated risks. Prior to engaging in trading activities, assess your level of experience, your investment objectives, and consider consulting an independent financial advisor if needed. For more information, see our Fastex Terms and General Risk Disclosure.