代理計劃協議

本協議最後一次修訂於 2021 年 5 月 6 日。

This Agreement (“Agreement”) is a legal contract between Abberton Trading Limited incorporated under the International Business Companies Act of 2016 of the Republic of Seychelles (“Overbit”, “we”, “us”) and “you” (“the Affiliate”). The Agreement sets forth the terms and conditions of your use of the Overbit Affiliate Program.

Overbit 是一個基於比特幣和 Tether 的交易平台,由 Abberton Trading Limited 全資擁有。該聯盟計劃的名稱是 Overbit 聯盟計劃(“聯盟計劃”)。通過註冊成為會員,您向 Overbit 聲明並保證:
您已閱讀並理解隱私政策並同意其中規定的條款;

  • 您不是條款和條件中指明的受限制司法管轄區的公民或居民;
  • 您證明您已達到簽訂本協議的法定年齡;
  • 術語“附屬機構”或“您”是指申請並被接受加入附屬計劃的個人;
  • The term “the affiliate’s channel” refers to the website, magazine, social media page, video or any other channel or medium on which the Affiliate agrees to place a link or QR code to Overbit’s website;
  • “商品”是指通過其網站出售的所有產品、商品和庫存。

1. 聯盟計劃註冊

要註冊和參與聯盟計劃,您必須是自然人並擁有有效的 Overbit 賬戶。

2. 從聯盟計劃中刪除

Overbit 保留自行決定刪除任何關聯公司的權利。附屬公司將無法向 Overbit 提起訴訟以取消附屬計劃。

如果我們出於任何原因刪除您的計劃,您不得使用相同的域/URL/頻道重新申請加入聯盟計劃,或使用不同的域/URL/頻道名稱重新申請,然後添加之前被拒絕的域/URL/頻道到您的會員帳戶。 Overbit 保留自行決定隨時通知或不通知任何潛在會員拒絕或從會員計劃中刪除的權利。

3. 拒絕理由

Without limiting the right to reject any application for any reason whatsoever in Overbit’s absolute discretion, the Affiliate application will be removed if it is incomplete, if the Affiliate’s channel contains images or content that is not acceptable to Overbit or is inconsistent with the image that Overbit wishes to create in association with its website, brand, or if the Affiliate’s channel contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or if the Affiliate’s channel contains any material that appears to Overbit to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.

受限制的司法管轄區列在條款和條件的第 5 段中。任何位於受限制司法管轄區或居住在受限制司法管轄區的人不得:

  • 作為Overbit的附屬公司;
  • 將任何推薦作為 Overbit 的附屬公司;和
  • 以其他方式收取因附屬機構不在受限制的司法管轄區內或居民而產生的任何佣金。

4. 驗收後終止

Even after Overbit has accepted the Affiliate as an Affiliate Program member, Overbit reserves the absolute right to rescind or terminate the Affiliate’s status for any reason in its sole and absolute discretion, including but not limited to the reasons set forth above.

5. 佣金

Commissions under this Agreement will be paid to you based on the notional value of trades your referred users make. Second-tier commission payments may also be made according to the notional value of your second tier users’ notional value of trades. An increase in your account’s percentage will not lead to retroactive payments. Payments are made daily directly into your account in the currency your referred users deposited and traded. Overbit will track all Commissions earned and may, at its sole discretion, decide not to pay any Commission to you should we believe that any referral has been made in violation of its guidelines, in any breach of this Agreement or Overbit’s Terms and Conditions due to visitor, user or customer fraud, or visitor, user or customer contract cancellation.

Overbit 沒有任何義務向不嚴格遵守本協議及其不時修改的指導方針的任何人支付任何佣金。

6. 不保證收入潛力

Overbit makes no guarantees and warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from the Affiliate’s status. Any estimations provided are based on potential user trading activity and subject to change subject to market conditions.

7. Responsibility to Link Overbit’s Website

As a Program Affiliate, the Affiliate will have the obligation to place links on its channel directing users to Overbit’s website. Overbit will make available to the Affiliate button links, text links, and banner advertisements to be placed on the Affiliate’s channel which will direct users to Overbit’s website.
As a Program Affiliate, the Affiliate is given a limited-term license, during the term of the Affiliate active participation as a Program Affiliate, to utilise Overbit’s logo images provided to the Affiliate on the channel that the Affiliate designates in the Affiliate Program Application.

Overbit makes available to its Affiliates, links, banners and other information advertising its website to be used subject to the terms of this Agreement. These materials will contain its trademarks and other proprietary information. The Affiliate may display these materials on the Affiliate’s channel for the purpose of promoting Overbit’s website and participating in this Affiliate Program. If Overbit discontinues the Affiliate Program or if the Affiliate participation is terminated for any reason, the Affiliate will immediately cease using these materials and will delete all such materials from its channel(s) and from its computer(s).

The Affiliate must obtain Overbit’s approval of all links to Overbit’s website that the Affiliate place on its channels. The Affiliate will cooperate with Overbit in the establishment and placement of links on the Affiliate’s channels.

附屬公司將僅被允許在附屬公司計劃申請中指定的渠道上使用 Overbit 提供給附屬公司的鏈接。

The Affiliate will not modify the links or other materials that Overbit provided to the Affiliate or the placement of the links on the Affiliate’s page. The Affiliate consents to the Overbit monitoring the Affiliate’s website to determine continued compliance with this Agreement.

The Affiliate consents to Overbit including information relative to traffic from the Affiliate’s site in the Overbit reports. This information may be provided to outside parties.

8. 反垃圾郵件政策

Overbit maintains a Zero-Tolerance policy against SPAM, be it direct, third party or any Affiliate or similar agent acting on the Affiliate’s behalf. As such, Overbit reserves the right to terminate any violating Affiliate’s account or any part thereof, without notice or compensation.

任何被發現參與垃圾郵件/ UCE(未經請求的商業電子郵件)活動的附屬公司,包括氾濫新聞組、向不想要信息的用戶分發消息或任何其他違反 UCE 立法的濫用行為,將按如下方式處理:

  • The Affiliate’s account will be closed immediately, without any notice or compensation;
  • 我們的隱私政策失效,所有相關信息將提供給任何調查機構或反垃圾郵件組織;
  • 對於 Overbit 因違反本聯盟計劃協議而遭受的任何金錢損失,聯盟會員將承擔責任。這將包括但不限於與客戶流失和品牌惡化相關的懲罰性賠償。

9. 商標和版權

The Affiliate will have a non-exclusive, limited-term license to use the trademarks, logos and copyrighted material that the Owner provided to the Affiliate for use solely on the channel(s) that the Affiliate designates in the Affiliate Program Application. The Affiliate may only use the images that Overbit specifically makes available to the Affiliate Members at the area of its website that is specifically designated as approved images for Affiliate Program Members. The Affiliate may not distribute, reproduce, modify, and amend, these images in any way. The Affiliate may use these images only for the purposes of promoting Overbit’s website and products on the Affiliate’s website in compliance with the Affiliate Program policies and procedures and the terms of this Agreement.

授予許可的前提是完全遵守本協議的所有條款和條件以及 Overbit 可能不時制定和修改的有關聯盟計劃的任何政策。

The Affiliate is not permitted to use any other proprietary materials, including but not limited to trademarks, copyrights, logos, text, and any other materials that belong to Overbit or to any other party and which may appear on Overbit’s website.
The Affiliate grants Overbit a non-exclusive right and license to use the Affiliate’s trademarks, trade names, service marks, business names, web page titles, slogans, logos, and copyrighted materials for the purposes of promoting, advertising, announcing, or marketing the Affiliate participation in the Overbit Affiliate Program. The Affiliate represents and warrants to Overbit that no other party has any rights in and to any of these materials and that these materials do not infringe upon or otherwise interfere with the rights of any other party. The Affiliate represents and warrants to be the absolute, sole and exclusive owner of all such materials and the owner of all trademark rights, copyrights, and other proprietary rights in and to the same. The Affiliate represents to have the right, power, and authority to license said materials to Overbit as aforesaid and that the Affiliate is not under any legal or contractual limitation on the right to license these materials. Overbit has no obligation to announce, advertise, market, or promote the Affiliate’s participation in the Overbit Affiliate Program, but reserves the right to do the same at its sole discretion.

10. 產品和服務的可用性

Overbit 不能保證產品和/或服務的可用性或任何價格或特別促銷或優惠的期限。

11. 職責

The Affiliate is responsible for all matters pertaining to the Affiliate’s own channel(s) including its development, maintenance, operation and placing links on the Affiliate’s channel(s) in compliance with the terms of the Affiliate Program. The Affiliate is completely responsible for all items that appear on its channel(s) and for assuring that such items do not infringe upon or violate the rights of any other party. Overbit is not responsible for any matter pertaining to the Affiliate’s channel(s) or the content thereof and the Affiliate holds Overbit harmless and indemnifies Overbit from any and all claims, suits, threats, demands, liabilities, actions, causes of action related in any way to the Affiliate’s channel(s) and business. Such indemnity includes Overbit’s costs and attorney fees in defending any such matter. The Affiliate represents and warrants to Overbit that its channel(s) does not and will not contain any materials that are illegal and that the Affiliate’s channel(s) is not operated for an illegal purpose or in an illegal manner.

12. 聲明和保證

The Affiliate hereby represents and warrants to Overbit to have the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable agreement. The entry of this Agreement has been duly and validly authorised by all necessary corporate or other organisational actions and approvals. The Affiliate’s entry of this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule or regulations, and is not in violation of any court or administrative order.

13. 期限

The effectiveness of this Agreement shall not commence until the Affiliate Program Application is accepted by Overbit. The effectiveness of hereof and binding effect shall occur upon Overbit’s acceptance of the Affiliate Program Application. The Agreement shall remain in full force and effect until terminated by the Affiliate or by Overbit.

14. 修改

您同意艾伯頓貿易有限公司可以隨時修改本協議,並且您同意受任何更改的約束。

15. 負債

OVERBIT HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO BE ABLE TO ACCESS ITS WEBSITE OR TO ACCESS ITS WEBSITE USING THE LINK FROM THE AFFILIATE’S WEBSITE. FURTHERMORE, OVERBIT SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO ITS WEBSITE, THE AFFILIATE PROGRAM, THE AFFILIATE’S PARTICIPATION IN THE AFFILIATE PROGRAM, THE AFFILIATE’S ABILITY TO MAKE ANY COMMISSION OR OTHERWISE PROFIT THROUGH PARTICIPATION IN THIS AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY, NON-INFRINGEMENT, OR ANY CLAIM MADE BASED UPON OVERBIT’S COURSE OF DEALING OR USAGE OF TRADE. OVERBIT DOES NOT REPRESENT OR WARRANT THAT ITS WEBSITE OR ANY APPLICATION, INCLUDING BUT NOT LIMITED TO ITS LINK TRACKING FEATURES, WILL BE ERROR-FREE OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION.
OverBIT 不對任何性質的任何直接或間接損害或責任負責,包括但不限於附帶、後果性、間接或特殊損害、利潤損失、失去其他業務或機會;無論 OVERBIT 是否被告知或已經被告知可能發生的情況,並且沒有採取任何行動來防止這種情況發生。

Without limiting the foregoing, Overbit’s total liability for any damages arising hereunder shall never exceed the total Commissions paid and payable by Overbit pursuant to the terms thereof.

16. 保密

In the event that any information is disclosed to the Affiliate through the Affiliate’s participation in the Affiliate Program related in any way to Overbit and business which the Overbit deems to be confidential and proprietary, the Affiliate agrees to hold such information in the strictest of confidence and not to disclose such information to any other party or to use any such information for the Affiliate own purpose. Confidential information will include any information regarding the Owner changes or modifications to this Agreement or this Affiliate Program (which Overbit shall have no obligation to make) or any special treatment that the Affiliate may receive (which Overbit reserves the right to provide in its sole discretion to any affiliate). Confidential information shall also include any and all information related to Overbit’s business, business plans, product roadmap, product releases, marketing plans, user statistics, financial information, pricing, profits, membership information, affiliations, sales information, and all other information which Overbit considers to be confidential and proprietary.

17. 賠償

The Affiliate hereby indemnifies and holds Overbit, and all Overbit’s shareholders, officers, directors, employees, contractors, affiliates, agents, successors and assigns harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that Overbit may incur and which are based in whole or in part upon the Affiliate participation in the Affiliate Program, any claims that any of the Affiliate trademarks and other proprietary material infringe upon the rights of any other party, the Affiliate breach of any term, covenants, condition, representation or warranty, contained in this Agreement or any policies of participation in the Affiliate Program or any claim related directly to the Affiliate use, operation or the content of the Affiliate’s channel(s).

18. 棄權

我們未能要求您履行本協議中的任何條款不影響此後任何時候要求您履行的全部權利;我們對違反本協議任何條款的棄權也不應被視為或被視為對條款本身的棄權。

19. 適用法律

本協議應根據塞舌爾共和國的法律進行解釋。與此相關的任何和所有非法行為均應提交塞舌爾共和國法院審理。

20. 雙方關係

本協議雙方均為獨立承包商,本協議中的任何內容均不應被解釋為建立除獨立締約方之間的關係之外的任何關係。雙方不得被視為合夥人、合營者、股東、雇主/僱員、代理人/受僱人。附屬公司無權或授權使 Overbit 受任何義務、協議、債務或責任的約束。附屬公司不得自稱是 Overbit 的代理人或代表。

21. 不可抗力

任何一方均不應被視為違約,也不應對另一方因其無法控制的原因(包括但不限於:地震)而導致其履行本協議項下義務的任何停止、中斷或延遲承擔責任。洪水;火;風暴;自然災害;疾病暴發;本地或全球流行病;上帝的作為;戰爭;恐怖主義;武裝衝突;罷工;閉鎖;聯合抵制;供應商故障、短缺、違約或延誤;或政府的任何法律、命令法規、指示、行動或要求,包括對 Abberton Trading Limited 或任何部門、機構、委員會、局、公司或任何其他機構擁有或聲稱擁有管轄權的任何联邦、州和地方政府聯邦、州或地方政府,或任何民事或軍事當局;或任何其他原因或情況,無論是與上述類似或不同的性質,超出受影響方的合理控制範圍,前提是依賴本節 (i) 的一方應立即向另一方發出書面通知,並且,在任何情況下,在發現不可抗力事件後五 (5) 天內,以及 (ii) 應採取一切合理必要的措施,以減輕此類通知所依據的不可抗力事件的影響;此外,如果本節所述的不可抗力事件持續時間總計超過三十 (30) 天,Abberton Trading Limited 可立即終止本協議。

 

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