Gallant SVG LLC Reward Program
LAST UPDATED: July 14, 2020
This Affiliate Program Service Agreement (“Services Agreement”) sets forth the terms and conditions of your use of Gallant Affiliate Program (“Affiliate Program”) and serves to supplement the Registration Agreement (“Agreement”) between you and Gallant SVG LLC, a company organized in Saint Vincent and the Grenadines (“Gallant”). In this Agreement “you”, “your”, or “referrer” refer to you or any agent, contractor, employee, servant or person authorized to act on your behalf. “We”, “us” and “our” refer to Gallant.
As an incentive to attract and enroll new customers, Gallant offers a two-tier Affiliate Program: Standard and Certified. If eligible, you (the affiliate) receive a percentage of the trading fees paid by your referred users. At its discretion, Gallant reserves the right to adjust program parameters.
Terms and Conditions
Eligibility: This program is open to users who successfully pass Gallant’s Know Your Customer and Anti Money Laundering due diligence and verification. This Affiliate Program is not open to U.S. residents currently living in the U.S. Employees, contractors, or persons similarly associated with Gallant SVG LLC or a Gallant affiliate; members of their household; and employees of any securities regulatory organization or exchange are not eligible for this program. Furthermore, you must be in compliance with the requirements of any agreements you have with Gallant, such as Gallant’s Terms and Conditions and this Services Agreement.
Eligible Affiliates receive a unique referral link to make referrals. Should the visitor click on another web site or publishing location’s link that is not controlled by you, or return to the Gallant web site via another source-coded advertising link, your link will be overwritten and you will not receive a commission reward for that visitor’s account. You acknowledge and agree it is your sole responsibility to indicate your correct unique referral link or affiliate ID in the promo materials you use on your web site or publishing location. You may promote the products and services that Gallant offers in any manner you choose unless it misleads visitors about Gallant services.
You are not eligible for a commission on trades made by you or any Related Persons, your employees, agents, representatives, or contractors, as well as made from several accounts owned by the same person; and Gallant employees (or their Related Persons) are not allowed to participate in the Gallant Affiliate Program.
You are also not eligible for any commission derived from any persons referred to Gallant’s platform relying on any materials, videos, content, deliverables, work product owned by or licensed to Gallant (such as its research, blog or social media materials) linked, published, used, exploited or posted on your web site or publishing location.
For purposes of this Services Agreement, “Related Persons” means:
- with respect to a natural person or individual:
- each other member of such individual’s Family (as defined below);
- any employee, agent, contractor, a representative (including his/her Family) of such individual or such individual’s Family; or
- any person that is directly or indirectly controlled by, acting in concert, colluding with, under the influence, control, direction and/or advice of such individual or one or more members of such individual’s Family.
For purposes of this Agreement, “Family” of an individual includes (i) the individual, (ii) the individual’s spouse and former spouse (whether legally designated as spouse or otherwise), (iii) any other natural person who is related to the individual or the individual’s spouse within the second degree, and (iv) any other natural person who resides with such individual.
Commission Reward: Affiliates receive a percentage of total trading fees paid by the customers they have referred, paid out in the digital asset used in the referred customer’s transaction, into their Gallant wallet. Each referral generates affiliate commissions for the lifetime of the account. Standard Affiliates receive a 10% commission from each trade of each referred account.
Gallant 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 Services Agreement or Gallant’s Terms and Conditions due to user or customer fraud, or due to user or customer contract cancellation. It is your sole and absolute duty to follow precisely this Agreement and its guidelines at all times. Gallant is under no obligation whatsoever to pay any Commission to anyone who does not strictly follow this Services Agreement and its guidelines, as modified from time to time.
The affiliate rewards will be credited to the enrolled account approximately on a monthly basis, within approximately two (2) weeks after the end of each month. For example, the commission rewards for January would be paid approximately mid-February.
Affiliate Restrictions: You acknowledge and agree that you shall not:
- Bid on terms in any search engine that mention Gallant or any of its derivatives and misspellings, Gallant with keywords such as but not limited to “Gallant coupons”, “Gallant promos”, “Gallant promotions”;
- Use any ® or ™ trademark or mark owned by or licensed to Gallant, ® or ™ trademark or mark owned by or licensed to Gallant with keywords or any misspellings in their domain names;
- Use gallant.exchange as a display URL;
- Engage in activities that Gallant determines, in its sole discretion, to be harmful to its customers, employees, operations, or reputation; or
- Design or use your platform, web site or publishing location to market Gallant’s services or platform to any person whose enrolment with or use of Gallant’s platform would violate Gallant’s Terms of Service.
You also acknowledge and agree that your web site or publishing location shall not:
- Contain false, inaccurate or misleading information about Gallant products and services;
- In any way copy or resemble the look and feel of Gallant’s web site or web site content nor create the impression that Your web site or publishing location is part of Gallant’s network of web sites;
- Engage in sending an unsolicited commercial email (“spam”) or indiscriminate advertising;
- Violate any applicable law such as data transfer, data privacy, data security laws or any securities laws such as offering or promoting Gallant’s products and services in any jurisdiction in which they would be illegal or publishing or causing to be published any material that may be construed as an offer, solicitation, or recommendation to buy or sell securities or other investment products, or as an investment, legal, financial or accounting advice;
- Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;
- Contain Links to web sites containing any of the aforementioned content;
- Cause any account linkage to be made that are not in good faith (such as using any device, program, robot iframes, or hidden frames, use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral Link, etc.); or
- State or imply that any of the information, content, or data contained in your web site or publishing location represents or reflects any views, advice or opinions of Gallant.
You acknowledge and agree that Gallant may terminate Services if you, your web site, or your publishing location violates, as determined by Gallant in its sole discretion, any of the aforementioned restrictions or additional restrictions. Gallant also reserves the right to seek recovery of any or all Commission paid or payable to you or your Related Person and you hereby agree to such liability and repayment of such Commission if you, your web site or your publishing location violates, as determined by Gallant in its sole discretion, any of the aforementioned restrictions or additional restrictions.
Gallant Responsibility: Gallant will not be responsible for lost sales or lost opportunity to earn commission due to any cause (such as technical difficulties, outage, or over-capacity including system overload or load shedding) preventing Gallant from registering an account, accepting deposits, executing trades, closing positions, or providing any other product or service to the visitor. Gallant is responsible for tracking referral sales and commissions and providing this information to the referrer via activity reporting tool available within the Gallant account.
No Recommendation: The rewards distributed by the promotion do not constitute a recommendation by Gallant for its purchase, sale, or holding. Customers may hold or sell the reward once the bonus is credited to his/her account. The value from the sale of the digital asset can be withdrawn or used to buy other eligible digital assets on the Site.
Taxes: Where required by applicable rules and regulations, the value of all Gallant offers received may be reported as taxable income. Gallant is not responsible for any taxes related to this stock reward program.
Limitation of Liability: IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, FAILURE TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, LOST REVENUE, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY DAMAGE, CORRUPTION OR LOSS OF DATA, OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE AND SERVICES, OR THIS AGREEMENT, EVEN IF WE OR OUR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
Indemnity and Defense: With respect Gallant, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims, and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under this Services Agreement, the service(s) provided by Gallant, or your use of the service(s) provided by Gallant, including, without limitation, an infringement by you, or by anyone else using such service(s) we provide to you, of any intellectual property or other proprietary rights of any person or entity, or from the violation of any of our operating rules or policies relating to the service(s) provided. When we may be involved in a suit involving a third party and which is related to our service(s) to you under this Agreement, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you. The terms of this paragraph will survive any termination or cancellation of the Agreement.
No Agency or Employment Relationship: Nothing contained in this Services Agreement shall be construed as creating any agency, partnership, employment of any type or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
Force Majeure: Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labour strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Gallant, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (3) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (15) days in the aggregate, Gallant may immediately terminate this Services Agreement.
Assignment and Resale: Except as otherwise set forth herein, your rights under this Services Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Services Agreement, whether by attachment, levy, garnishment or otherwise, renders this Services Agreement voidable.
Final Agreement: This Services Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Services Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
Waiver: The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Enforceability; Severability: In the event that any provision of this Services Agreement shall be unenforceable or invalid under any applicable law or be so held by an applicable court decision, such unenforceability or invalidity shall not render this Services Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Headings, Modifications & IP Notice: The section headings appearing in this Services Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section. You agree that Gallant can modify this Services Agreement anytime and you agree to be bound by any changes.
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