Introducing Broker Terms and Conditions of GEMFOREX

The following is the (Principal Agreement) where Terms of Use regarding Introducing Broker in GEMFOREX (herein after referred to as 「Terms」), wherein the GEMFOREX Operators (below hereinafter referred to as 「The company」), and the Introducing broker (hereinafter referred to as IB) states the rules governing the relationship between the IB and the Company.

Article 1(Definition)

The definition of this T&C in this Agreement are as follows.

1:Introducing Broker Program A system that encourages customers to open accounts with the Company through IB links provided by the Company to the website provided by the Company and pays IBs a prepayment for the results.
2:Introducing Broker members Individuals, corporations, or organizations that intend to place advertising materials provided by advertisers on their websites or in mail magazines, to direct visitors to their websites, and to receive remuneration from the Company in exchange.
3:Introducing Broker Reward The consideration paid to IBs by the Company under the IB Program for remuneration separately determined in advance (the price shall include tax).
4:Visitor The user who navigates to our site through IB links.
5:Link A hyperlink placed on the Web that, when clicked, displays the advertiser's site in the visitor's browser. It takes all forms generated by the advertiser's site, including text, product images, button logos, and banners.
6:Introducing Broker link A link that contains the information necessary for an IB program to be realized.

Article 2(How to Apply)

The IB must agree to all the terms and conditions of this Agreement before joining our IB program and must complete the application by filling out and submitting the "Partner (IB) Registration Application" form on the Web. To become an IB, approval by the Company is required.

Article 3(The type of IB Reward)

Frequency of use Type: A type of IB Program in which the Company pays a predetermined fee to the IB as a contingency fee based on the frequency of use by visitors.

Article 4(Services Provided)

The Company will provide a network developed, operated, and managed by the Company to enable IBs and visitors to use the IB Program.

Article 5(Payment of Success reward to IB)

1:Participation Approval IBs participate by receiving an IB link issued by the company.
2:Subject of Payment The Company is the primary payer to IBs of contingency fee amounts generated through the IB Program.
3:Delayed payment of IB reward Payment of IB fees shall be made on a date to be determined separately but may be delayed due to the processing of payments between other countries. The Company shall not be liable for any delay in payment.

Article 6(Cancellation of program participation)

  1. IBs may terminate their participation in the program at any time via the web without prior notice to the Company.
  2. IB understands that its participation in the Program may be terminated by the Company without prior notice, even after the Company has approved its participation.

Article 7(Link configuration by IB)

IB shall establish links within its own site using links issued by the Company. The IB may not change the linking method without the permission of the Company and shall obtain the Company's prior approval for any such change.

Article 8(Transaction management by IB)

  1. The Company shall provide IBs with a dedicated management page on the web, and IBs shall be obligated to always access this page to check daily transactions and immediately report to the Company if they discover any erroneous transactions.
  2. The Company shall not be held responsible for any problems with contingency fee payments that arise later due to failure to report.

Article 9(Receipt of success reward remuneration)

  1. Payments to the IB shall be made directly by the company. In some cases, the company may use agents in other countries to facilitate the payment.
  2. The payment of success reward shall be made on the fifth of every month, and the entire amount of the success reward shall be added up and deposited into the account opened with GEMFOREX. This account will be opened when you register for IB. However, if the total amount of the contingency fee is less than 5,000 yen, the payment will be deferred to the next month or later.
  3. The IB reward shall be finalized at the end of the month in which the settlement is completed. Until then, the reward shall not be finalized.
  4. The period for payment shall be from the first day of the first month to the end of the month, and payment shall be made on the 5th day of the following month. If the 5th day of the month falls on a holiday, it shall be the next business day.
  5. After the IB Reward is reflected in the account opened at GEMFOREX, the IB shall perform the withdrawal process to transfer the money to the designated account. If the transfer cannot be made due to incomplete account information registered by the IB, the IB shall bear the fee prescribed by the financial institution for reconfiguration.
  6. If there is an error in the remuneration due to some malfunction, it shall be settled with the IB remuneration of the following month.
  7. The tax treatment of the contingency fee under this Article shall be in accordance with the provisions of tax laws and regulations.

Article 10(Service Maintenance)

Service maintenance shall be carried out on a regular or irregular basis. The IB does not object to the service outage during that time.

Article 11(Handling of personal information)

  1. The Company shall not disclose IB's registration information or transaction data obtained through the Program to outside parties without IB's prior approval. However, this excludes cases where the information is known to the public and cases where there is an order or investigation by a court of law, the police, or other administrative agencies. The IB agrees that the Company may disclose the IB's registration information to the user as necessary for the operation of the IB Program.
  2. Statistical information compiled across the IB may be used and published.
  3. IB shall not divulge to any third party any technical, business, or operational information of the Company or its Advertiser Members obtained in connection with the Services. However, this excludes information that is already known.
  4. The Company shall properly handle IB's personal information in accordance with the "Personal Information Protection Policy".
  5. When you contact us by e-mail on our system, we shall not disclose any information other than your registered name and e-mail address.

Article 12(Contract Period)

The term of this Agreement shall be one year from the date of the Company's approval of membership registration, and unless either party expresses an intention to terminate the Agreement at least 30 days prior to the end of the Agreement, the Agreement shall be renewed for another year, and the same shall apply thereafter.

Article 13(Withdrawal from IB program)

IBs may withdraw their membership by applying through the Contact Us form.

Article 14(Cancellation of IB Registration)

The Company may cancel the registration of the IB in question and terminate the contract between the Company and the IB if any of the following events occur.

  1. When it is deemed impossible to contact the IB by email due to reasons such as not receiving more than three emails addressed to the IB.
  2. The IB does not earn a success fee for one year.

Article 15(Prohibited Acts)

  1. IBs shall not engage in any of the following prohibited activities.
    1. Alteration of advertising materials and link codes
      Alteration of the link provided by our company (including advertising materials and link codes) without permission from the advertiser. However, the alteration of the size of the QR code (such as enlargement or reduction) is excluded.
    2. Request of Success reward acts
      Forcing, pleading, or requesting visitors to make a sale or click on your website for the sole purpose of obtaining a reward, regardless of whether it is related to the introduction or advertisement of our website, or writing expressions that may mislead visitors.
    3. Deceptive practices
      IB, by itself or in conspiracy with a third party, commits any fraudulent act, such as pretending that an act that is eligible for a contingency fee has occurred, or any other act that is deemed to unfairly earn a contingency fee, such as when a click, order or registration occurs that is not in accordance with the purpose of advertising or the Service.
    4. Spamming
      Spamming by e-mail, posting on bulletin boards, or any other method or means of advertising that may cause inconvenience to a third party.
    5. Publication of advertising materials whose publication period has expired
      Continuing to post advertising materials or their link codes that have already expired.
    6. Multiple IB registrations by the same person or entity.
      (However, except in cases specially approved by the Company.)
    7. To recommend to customers content that is contrary to the site description, terms and conditions, and guidelines.
    8. All words and actions that are detrimental to the Company.
    9. All other actions that the Company deems inappropriate.
  2. IBs shall not engage in any prohibited activities when involved in GEMFOREX outside of IB activities.
  3. When an IB discovers that a user or other IB is violating the Terms and Conditions or engaging in prohibited activities, the IB must immediately point out, instruct, or guide the user or other IB to stop the prohibited activities, and must report to the Company the nature of the violation or prohibited activity. The IB must set a good example for users and other IBs.
  4. The Company shall make the judgment as to whether a prohibited act exists, and shall not be required to explain the content or basis of the judgment to IB.
  5. The Company reserves the right to request the submission of server log files for IB activities that it considers suspicious. In addition, to protect the security of the system that operates this service, the Company will not disclose such criteria to IBs in principle, unless there are special circumstances.

Article 16(Guarantees)

  1. The IB warrants that, as of the date of this Agreement, there is no capital or financial relationship with antisocial forces such as organized crime groups, that it does not provide funds or engage in any other transactions under any name, and that it does not appoint any such persons as officers or employ them as employees.
  2. IB warrants that, until the expiration of the term of this Agreement, it will not have any capital or financial relationship, nor will it provide funds or engage in any other transactions, regardless of name, with any anti-social forces, including organized crime groups, and that it will not appoint any such person as an officer or hire any such person as an employee.

Article 17(Forced termination of contract and success reward forfeiture)

  1. The Company may terminate this Agreement without any notice for any of the following reasons.
    1. If the IB failed to comply with the terms and conditions contained in this Agreement.
    2. If the IB is engaged in illegal activities.
    3. If the IB is engaging in prohibited activities.
    4. If it becomes apparent that another IB member ID has been obtained even though the registered site name or URL is the same, or the email address is the same, or the payee's name or company name is the same (however, this shall not apply in the case of special approval by the Company).
    5. Other sites the company deems inappropriate
  2. In the event that the contract is forcibly terminated due to the reason stated in the preceding paragraph, the Company may confiscate the contingency fee incurred for the IB in question and refuse any and all payments.

In this case, the Company shall be entitled to request the following from the IB.

  1. The success fees already paid and a penalty of the same amount.
  2. Expenses for transportation, personnel, etc., necessary for the investigation in the preceding paragraph.
  3. All expenses related to court proceedings such as lawsuits (including attorney's fees).

It is assumed that it is possible to claim them IB.

Article 18(Contact Us)

  1. As a rule, communication between IB and the Company shall be conducted via e-mail and IB's dedicated management screen. IB shall not be able to reject these e-mails during the contract period.
  2. As a rule, communication between the IB and the Company shall be conducted by e-mail and telephone. During the term of the contract, IB shall not be able to reject such communication e-mails if the e-mails from the Company are deemed necessary for the performance of the relevant network services.
  3. The Company may send IBs administrative communications and business information necessary for service operation by mail.

Article 19(Suspending, changing, modifying, adding, or deleting of this services)

The company reserve the right to suspend, change, modify, add, or delete the contents of the service at any time.

Article 20(The qualifications for the IB are as follows)

  1. Do not operate the following sites.
    1. Adult sites, sites that contain links to adult sites or adult banners.
    2. Sites that encourage violence and abuse.
    3. Sites that encourage racism.
    4. Sites that violate other laws and networks that are offensive to public order and morals.
  2. The administrator of the site and the publisher of the newsletter must be at least 18 years old.
  3. The information provided in the application to the IB must be true.
  4. That you have read and agree to abide by this agreement.
  5. The data and information you provide to the network after the program has started must not be false.
  6. There has not been any forced withdrawal from the IB program in the past.
  7. To be able to communicate with the Company and advertiser members in a civilized manner.

Article 21(Registration and Approval)

The Company shall approve IBs based on the information they submit at the time of registration. The IB shall be fully responsible for any damage or loss caused by the IB's false declaration or act at the time of approval or thereafter.

Article 22(Copyright)

All IB content available through the network shall be free of copyright issues, and the Company shall not be held responsible for any copyright issues that may arise between IB and third parties.

Article 23 (Limitation of Warranty)

The Company will use its best efforts to maintain the stability of its service, its operation, its use, and the results of its use, but does not guarantee the following.

  1. The service should operate without interruption and without problems.
  2. Defects should always be repaired.
  3. No computer viruses or other destructive components shall be present in the service.
  4. Adequate security methods for these should be provided.

Article 24(Limitations of Responsibility)

If this Agreement is terminated in the middle of the term, regardless of the cause of termination, neither party shall be liable to the other party for damages. The same shall apply even if the other party has been warned of the possibility of such loss or damage. Such damages shall include all damages, such as unearned profits and indirect damages.

Article 25(Intellectual property rights and license)

All intellectual property rights to the content, technology, and all images (including banners and trademarks) provided by the Company to IB shall belong to the provider, and IB shall be permitted to use them only within the limited scope of the network. IB may not modify or change any of the contents without prior permission.

Article 26(Confidential information)

  1. In this Agreement, confidential information is any document, drawing, idea, know-how, program source and information (including data) that IB can obtain or know about this Agreement, and falls under any of the following.

    ・It is disclosed in writing after clearly stating that it is classified such as "Secret" or "Confidential"

    ・Disclosed in a statement that it is confidential at the time of disclosure, and written and notified to B within 30 days from the date of disclosure.

    ・Disclosed in a method other than written or verbal, and informed of the intention of being “confidential” as appropriate

    ・Personal information specified in Article 11

    ・In this agreement, the ID given by Party A and the corresponding password

    ・All other information that we have not disclosed to the public on our website

  2. Information that can prove that the following is true shall not be included in confidential information.

    ・Information that B already knew without confidentiality before disclosure from Party

    ・Facts that were already known at the time when the information was obtained or information that became publicly known regardless of the reasons that should be attributed to B, or other publicly available information

    ・Information that is legitimately obtained from a third party without obligation of confidentiality

    ・Independently developed information regardless of the disclosure of information from Party A

    ・Information that we have agreed in writing to exclude from confidential information

Article 27(Force Majeure)

Neither party shall be liable for any delay or failure in performance of its obligations hereunder in the event of default due to any cause beyond the reasonable control of such party, including, but not limited to, acts of God, inaction of authorities, fire, strikes, floods, epidemics, riots or acts of war.

Article 28(Jurisdiction)

  1. These Terms and Conditions and this Agreement shall be governed by and construed in accordance with the laws of the country of operation.
  2. This Agreement and any lawsuits related to this Agreement shall be interpreted in accordance with the laws of the country in which the Company operates, and not in reference to the laws of the country in which the User resides. If a dispute arises between the Company and a User, the User shall seek to resolve the dispute amicably through discussions between the Company and the User, but if the dispute is deemed difficult to resolve, the User agrees to submit the dispute to a court in the country in which the Company operates, depending on the amount of the lawsuit.

Article 29(Revisions of terms and conditions)

This agreement and its terms and conditions may be changed or revised at any time at the discretion of the Company without the consent of IB.

(September 01, 2014)
Revised (October 1, 2019)