Introducing Broker Usage of Agreement 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 GEM GROUP NZ LIMITED (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 the term in this Agreement, are as follows.

1:Introducing Broker Program An arrangement to encourage users to open an account through the IB link that we have provided to the WEB site and pre payment to the IB in consideration to the results that will be provided.
2:Introducing Broker members Individuals, corporation or it can be organization themselves who appear as advertising materials by the advertisers in websites and e-mail magazines, which operates to induce visitors to websites, who are intended to receive a compensation as consideration from services.
3:Introducing Broker Reward It is the reward that separately determined by the Company in advance in the IB program for the consideration to be paid to the IB (the price of which inclusive of tax)
4:Visitor The user that move to our site through the link of IB
5:Link A hyperlink in the place of the web, that by clicking it the advertiser site will display in the visitor’s browser. It take all forms that are generated by the advertiser site like text, product image, logo buttons, banner, etc.
6:Introducing Broker link The link that contains the information necessary for the realization of the IB program.

Article 2(How to Apply)

The IB, on top of the agreement to all of the conditions of this Agreement, and that it is assumed that you subscribed to our IB, filled out the application form「registration to “Application partner IB”」and completed the application by sending the form to us. To become an IB, it is assumed to require an approval by the Company.

Article 3(The type of IB Reward)

Frequency of use Type: In IB program, depending on the frequency of use by the visitor, it refers to the method of how to pay the remuneration that is determined in advance from the Company as success reward to IB.

Article 4(Services Provided)

We, the company will provide a network to operate and manage the development, where the IB and visitors will be able to use the IB program.

Article 5(Payment of Success reward to IB)

1:Participants Approval The IB will accept and participate in the link issued by the Company.
2:Subject of Payment The principal payments to the success remuneration that have occurred through the IB program will be borne by the Company.
3:Delayed payment of IB reward The Payment IB reward, although assumed to be performed on the date stipulated separately, since the payment processing is being done between other countries, it may be delayed than expected. In addition, the Company is not liable by delayed payment.

Article 6(Cancellation of program participants)

  1. The IB without early notification from the Company, participation in the program on the web can be cancelled any time.
  2. Even if the IB after participation in the program approved by the Company, but without the notice from the Company, it shall be understood that the participation was considered cancelled.

Article 7(Link configuration)

The IB will set his own site using the link that the company issued. And any changes to the link method are not permitted without obtaining approval from the company before intended modifications.

Article 8(Transaction management due to IB)

  1. The Company provides an exclusive management page on the WEB for the IB, IB has always access to this management page, and an obligation to check the day-to-day transactions, if any erroneous transactions had been discovered, it is assumed to be immediately reported to the Company.
  2. If however, failure to report with respect to the trouble, the company shall not be liable for any problems that may occur with regards to the payment of the success reward.

Article 9(Receipt of success reward remuneration)

  1. The payment to the IB will be made directly from the company. In some cases, an agency in each country is used in order to facilitate the payment.
  2. The payment of success reward is assumed to be performed on the fifth of every month, by summing all of the success remuneration, and will be sent to the account you have opened in GEMFOREX. Opening of this account is completed when IB registration is performed. However, in the case the total amount of success remuneration is of less than 5,000 yen, they shall be deferred to the next month or later payment.
  3. The timing when the IB reward is finalized shall be the last day of the month in which the completed settlement has passed. Until that time, the reward shall not be confirmed.
  4. The Period subject for payment is from the first day until the last day of the first month, the payment will be on the 5th day of the following month. If however, a holiday falls on this day, payment will be on the next business day.
  5. After the IB reward has been reflected in the accounts opened in GEMFOREX, it is assumed that IB will transfer to the designated account by withdrawal process. The account that can be specified to IB is a financial institution account that can do overseas remittance. It is assumed that payment is completed by transferring the money to the designated account by the Company. It should be noted that, in case transfer is not possible due to inadequate registration account information of IB, the financial institution prescribes fees considered as back sets, and that shall be borne by the IB.
  6. If in any case, there is an error in the reward due to some sort of trouble, it is assumed that the settlement will be done to the following month of IB Reward
  7. With regard to tax treatment to success remuneration under this section, it is assumed that they are subject to the provisions of the tax laws.

Article 10(Service Maintenance)

Service maintenance shall be implemented regardless of regular or any irregularities. If for the time that the services may stop, an IB shall not raise any objections.

Article 11(Handling of personal information)

  1. We, the Company’s knowledge of the registration information of the IB through this contract, with respect to the transaction data obtained through the program, shall not be disclosed to another party without the prior approval of the IB. However, it is assumed that, except in the case of a well known information and or when there is such an instruction, the investigation in the case of information by the court or police or other administrative agencies. Also, IB is intended to accept that as an IB program operational, there are cases that IB registration information is needed for our users.
  2. The IB information as statistics are aggregated in general, and assumed to be available and published.
  3. The. IB is the main member of the advertisers and technology that have undergone trainings in connection with the services, the sales, information on business choice and it is assumed that should not be leaked to a third party. However, the information that is known is assumed to be excluded.
  4. The Company shall be handled properly on the basis of the personal information of IB in the "Privacy Policy".
  5. If you want send an ea-mail to contact our system, it is assumed that it will not disclose any non-registered name, e-mail address.

Article 12(Contract Period)

The period of the contract is one year from our membership registration approval, unless there is a contract termination of intention displayed from either party, the contract is further updated at least 30days prior to the end date of the contract, and shall also be similarly thereafter.

Article 13(To unsubscribe)

The IB upon application of the inquiry form may withdraw from the contract.

Article 14(Cancellation of Registration)

The company, in the grounds that the following occurs, may cancel the registration of the IB, thereby terminate the agreement between the Company and IB.

  1. When IB contacted by more than 3 times by email by any reasons is determined to be cannot reach.
  2. When an IB has not won a success reward for one year.

Article 15(Prohibited Acts)

  1. The IB shall set forth the determined prohibition below
    1. Advertising materials and link code modification
      Alteration without permission of the link provided by our company (including advertising materials and link codes), however the alteration of the size of the QR code (such as enlargement or reducing) is not included.
    2. Request of Success reward acts
      Regardless of the introduction and advertising of our Website, for the sole purpose of the rewards, forced or plea-client for sales and click visitors, that can be described as misleading representation to the visitor.
    3. False Act
      The IB, if by himself or possibility of collusion to a third party, as if the target of which is success reward conducted an illegal act, or any other, deviating from the spirit of the advertising purposes and this service such as clicks and order, occurrence of registration etc., all of the acts that are deemed to get unduly success reward.
    4. Spamming Acts
      Spamming acts by e-mail, publicity stunt such as writing to the bulletin board, also publicity stunt corresponding that may cause nuisance to a third party by any other method – or means.
    5. Posting of advertising materials in the expired posting period
      Acts such as continuous posting of material ads and link codes when the posting period was already expired
    6. Multiple IB registration, for personal at the same time as an organization.
      (except otherwise when the Company recognizes the irregularity of the case.)
    7. Recommended acts to the customers with contents contrary to the site description contents, Terms of Use, and Guidelines.
    8. All acts disadvantageous to our company.
    9. All other actions that the Company deems inappropriate.
  2. An IB must not do any prohibited acts if involved in GEMFOREX even outside of IB activities.
  3. The IB must point out, instruct, or guide the user to stop the prohibited action promptly if he / she finds out that the user or another IB is violating the Terms of Use or Prohibited Acts. At the same time, he/she must report to the Company the contents of the violators of the Terms of Use and Prohibited Acts. The IB must be a model for users and other IBs.
  4. Judgment regarding the existence of prohibited acts shall be made by the Company, and explanation of the content and basis for IB shall not be required.
  5. The Company shall have the right to request that server log files be submitted for IB activities deemed suspicious. In addition, in order to protect the security of the system that operates this service, these criteria will not be disclosed to the IB in principle unless otherwise specified.

Article 16(Guarantees)

  1. The IB, at the agreement date of the formal contract, guarantees no relation to gangsters or such as anti-social group or capitalization and or related funds that is not intended to make the funding and other transactions regardless of names as well as elect this person as officer, in addition, to ensure not employ or use such persons as an employee.
  2. The IB, until the formal contract expires, will not associate with the gangsters such as anti-social forces, capitalization or funds, that will not perform funding other transactions regardless of the nominal, and appointed such persons as offices, or ensure that you do not employ or use as an employee

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

  1. The company, based on the following reasons, without any of the demands assumed that it is possible to terminate the agreement.
    1. If IB did not comply with the terms of the Agreement.
    2. If IB is performing illegal acts.
    3. If IB is doing the prohibited acts.
    4. The registered site or URL is the same, or e-mail address is the same, or payee, or regardless of the name and company name are the same, it became clear that it is receiving a separate IB member ID (but shall not apply to the one in the event that the special case has been recognized by the company.)
    5. Other site that we have found inappropriate
  2. If the contract is terminated for the reasons set forth in the preceding paragraph, the Company can confiscate success reward that occurred for the IB, and can refuse any payment.

Also in this case if, the Company,

  1. has already paid the success fees and the same amount of penalty.
  2. transportation costs were required for the investigation set forth in the preceding paragraph, the cost of labor costs, etc.
  3. If proceedings of the litigation had been made, the related fees in one expense, etc. and all costs related to it (including legal fees)

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

Article 18(Contact Us)

  1. The main communication between the IB and the company is to be performed mainly by e-mail and or management window determined by IB. In addition, the contact e-mail shall not be denied by the IB during the period of the agreement.
  2. The communication between the IB and the company is to be performed mainly by e-mail and or by telephone. Also, as long as the mail from the company is determined necessary in performing the network operations, the connection by mail shall not be denied by the IB.
  3. The communication between the IB and the company is to be performed mainly by e-mail and or by telephone. Also, as long as the mail from the company is determined necessary in performing the network operations, the connection by mail shall not be denied by the IB.

Article 19(Stop, change, modify, add, delete of Service)

The company, may at any time stop, change, modify, add, delete the contents of the service.

Article 20(Following are the qualifications to be an IB)

  1. Are not operating the following sites
    1. adult sites, sites that have posted the link and adult banner to adult site
    2. violence sites that recommends abuse
    3. Site that recommends racism
    4. Or other sites and network in violation of law or otherwise contrary to public order and morals.
  2. The facility management and publisher of the e-mail magazine of the site are at least 18 years of age.
  3. That there is no deceit in the information of the IB at the time of application.
  4. That you read, approved and comply to this agreement.
  5. That there is no deceit in data and information to be provided to the network after the program starts.
  6. That there has not been any forced withdrawal in our services by the IB.
  7. That the communication of discerned civility between the company and the members of the advertising sponsors can be achieved.

Article 21(Registration and Approval)

The company shall perform its authorization on the basis of information that IB has applied at the time of registration. At the time of approval or later, loss or damages arise caused by such false declaration or act of IB, it is assumed that the IB bear the entire responsibility.

Article 22(Copyright)

That all the contents of IB that are being use across the network does not have problems of copyright. If copyright issues occur between the IB and third party, the company shall not be liable.

Article 23 (Guarantee restrictions)

The company, the service, its operation, with maximum effort of its use and by the result of its use, although we strive to offer stable maintenance, we don’t intend to guarantee the following.

  1. no stop in the service and there were no problems in the operation.
  2. When defects were always repaired.
  3. There’s no presence of destructive composition, such as a computer virus in the service.
  4. That security measures are sufficiently provided.

Article 24(Limitations of Responsibility)

If this Agreement is terminated in the middle of the period, regardless of its termination cause, it is assumed that no responsibility or liability for damages against either party or the other party. The same is true when the other party takes loss, even if there have been precaution about the possibility of damages. For this damages, the company includes obtained downy, anticipated profit, indirect damages, etc., and all any damages.

Article 25(Intellectual property rights and license)

The contents that we provide to the IB, relating to technology, all the images (including banners and trademark, etc.) intellectual property rights, assumed to be attributable to the side to be offered, IB is assumed to use the licensed limited range of network. In addition, the IB without prior permission shall not make any modifications and changes to such contents.

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)

In the case of natural disasters, omission of authorities, fire, strikes, floods, epidemics, including riot or act of war, etc. but are not limited to, in the case of a default by reason beyond the reasonable control of the parties, none of the parties, of the contractual obligations for performance delay or unenforceable it is assumed that it is not responsible.

Article 28(jurisdiction)

  1. Governing Law of this Agreement and this Agreement will be the law of administration countries.
  2. For litigation regarding this Agreement and this Agreement, it is assumed to be interpreted on the basis of management law of the country, if it does not match against the user's resident country law. To the User, in the case the court encounters any dispute between the user and the company, but we aim to amicably resolve talks of conduct with both, if it is determined that the solution is difficult, depending on the complaint, you agree to the country where the Company operates.

Article 29(Revisions such as terms and conditions)

This Agreement and conditions, it is assumed that any change at any time can be performed at our discretion even without IB’s consent.

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