CoinSpot Affiliate Terms and Conditions

Last updated 21 April 2018

1. These Terms and Conditions (“Affiliate Terms”) form a legally binding agreement between an Affiliate (“You”, “Your” or an approved Affiliate) and Casey Block Services Pty Ltd ABN 19 619 574 186 trading as CoinSpot (“CoinSpot”, “We”, “Us” or “Our”) in relation to the CoinSpot Affiliate Program (the "Program").


2. Your continued participation in the Program is subject to the Affiliate Terms. By applying to participate in the Program, You expressly represent and warrant that You have accepted the Affiliate Terms, and any additional terms and conditions displayed on the Platform in relation to the Program as they apply from time to time.


3. We may amend, modify, add to or delete any term in this Agreement at our discretion and those amendments, modifications, additions or deletions apply to Your use of the Program by providing You notice on our Website and at our Affiliate Page. Any changes take effective when they are published. All subsequent transactions by You will be subject to the amended and most current Affiliate Terms.


4. For the purposes of the Affiliate Terms: “Account” means an account opened to use the services provided by CoinSpot’s Platform;
   “Account Holder” means the holder of a CoinSpot Account;
   “Affiliate Website" means www.coinspot.com.au/affiliate;
   “Affiliate” or “Affiliates” means the Account Holders referred by You who enters the Website via a link You provide to them and then successfully opens and uses a CoinSpot Account using a tracking code designated to You.
   “Associate” means a director, contractor, partner, agent, shareholder, or employee of a person or other entity.
   “Data Feed” means anything published on the Website which relates specifically to CoinSpot’s digital currency market or descriptions of those rates which are made available to You in accordance with the Affiliate Terms;
   “Platform” means the website, mobile applications, services, content and any other services provided, owned and operated by CoinSpot that allow users to convert, buy, sell and trade digital and crypto currency.
   “Relative” means any relative of a person including but not limited to their spouse, partner, parent, child or sibling.
   “Website” means the CoinSpot website available at www.coinspot.com.au.


5. To enrol You must sign up on the Affiliate Website and CoinSpot will evaluate Your enrolment and may reject it if it is determined, in CoinSpot’s discretion, that You are unsuitable for the Program. If CoinSpot rejects Your enrolment, You may not re-apply to the Program at any time.


6. CoinSpot will pay You a commission as a percentage of the Net Transaction Fee earned by CoinSpot in relation to the transactions performed on the Platform by each of Your Affiliates where each person has been directly referred by You through Your Affiliate tracker or referral email and tracked to Your Account.
   a. Net Transaction Fee = Gross Fee - Costs
   b. Costs are calculated by taking into consideration GST, and Other applicable costs associated with Affiliate Customers


7. CoinSpot will not link an Affiliate where a CoinSpot Customer has created an account without using Your Affiliate tracker. The Affiliate tracker must be used at all times for the new CoinSpot Customer to become Your Affiliate. CoinSpot will not add an Affiliate to Your CoinSpot account after the new CoinSpot Customer has created a new Account.


8. To be eligible, each person You refer as an Affiliate must be a new CoinSpot Customer, must sign up and create a valid verified Account. You must have a minimum of two affiliates that have bought, sold, converted, and traded digital or crypto currency through the Platform within the monthly period in order for You to be entitled to the commissions paid under the Program.


9. Within 30 days of the end of each calendar month CoinSpot will pay You the commissions earned in respect of Your Affiliates in the previous month and payment will be made in arrears according to the applicable Program commission plan.


10. Commission payments will be made to the AUD wallet in Your verified CoinSpot account. You agree to provide CoinSpot with current, accurate and complete information, and update that information where it is no longer accurate or complete.


11. You must not open more than one CoinSpot Account without the prior written consent of CoinSpot. If You open more than one Account without CoinSpot’s permission or try to earn commission on transactions for Your own or a Relative’s or Associate’s Account, CoinSpot has the right to suspend or cancel all current, pending or future transactions and may suspend or terminate the Accounts.


12. You are not entitled to earn commissions through the Program for transactions performed by:
1. An Account Holder that was an existing Account Holder at the date You enrolled for the Program;
2. An Affiliate that transacts on any Account You open under Your own name or under an alias or assumed name;
3. An Affiliate that transacts on any Account opened by one or more of Your Relatives or Associates or in the name of one or more of Your relatives or family members.
4. An Account Holder for whom You are already an Affiliate.


13. Either CoinSpot or You may terminate Your participation in the Program at any time, without cause, by giving the other 48 hour’s notice. CoinSpot also has the right to suspend or terminate Your Account under the Affiliate Terms immediately by notice in writing if:
1. You or Your Relative or Associate breach the Affiliate Terms or CoinSpot reasonably suspects that You have breached the Affiliate Terms;
2. You request existing customers to add Your Affiliate key;
3. CoinSpot, in its discretion, considers for any reason You or Your behaviour in referring Affiliates to the Program is inappropriate or unsuitable.


14. You will not be entitled to unpaid commission earned from the Program on or after the date of termination or suspension of Your Account or the termination of Your participation in the Program. CoinSpot may withhold payment of commissions for the period prior to termination for a reasonable time to ensure that the correct amount is paid to You.


15. If CoinSpot continues to permit activity (generation of commission from Affiliate’s transactional activity) for a period after termination of Your participation, this does not constitute a continuation or renewal of the arrangements under the Program or a waiver of termination by CoinSpot.


16. You must fund or pay for the cost of any marketing and promotional activities to generate referrals of Affiliates from Your own resources. You must not create, publish, distribute, or permit any written material that makes reference to CoinSpot without first submitting such material to CoinSpot and receiving prior written consent, which will not be unreasonably withheld. You must cooperate fully with CoinSpot in utilising and maintaining links and other promotional tools as supplied by CoinSpot.


17. If You elect to use social media or other forms of public networks to refer Affiliates or engage in marketing and promotional activities for the Program:
1. You agree to only engage in advertising, marketing and promotional activities which do not violate any law;
2. You must not promote the Program or the Platform on websites that contain illegal or inappropriate images or content;
3. You must not direct Your activities to individuals who are under 18 years of age;
4. You must not defame the personal or business and reputation of any person;
5. You must not send unsolicited emails or create unauthorised newsgroup postings, chat rooms or use "bots";
6. You must not promote CoinSpot on search engines, social media, or forums unless You clearly identify the content as an advertisement, post or marketing communication. For example, Tweets on Twitter which relate to CoinSpot should contain hashtags such as “#ad” or “#spon” at the end of the Tweet;
7. You will have no authority to make any statements or representations on behalf of CoinSpot and You must not hold Yourself out as a representative of CoinSpot, nor represent or imply that a communication or advertisement is published or authorised by CoinSpot;
8. You agree to abide to all No Spam regulations and employ best practices in all marketing email communications; and
9. You agree to engage in any activity which comply with the guidelines supplied from time to time by CoinSpot.


18. You will not say or do anything or engage in conduct which will directly or indirectly disparage or otherwise bring into disrepute CoinSpot, CoinSpot’s Platform or the Program in any way (including but not limited to any negative statement about the reputation, goodwill or standing of CoinSpot) or would be likely to result in such conduct.


19. Any traffic that You generate illegally through spamming, spamvertising and the like will be in breach of the Affiliate Terms and Your Account may be suspended or terminated. You understand that CoinSpot may potentially incur penalties and legal expenses as a result of unauthorised third party email communications from You and in such event You will be held financially liable for, and must either indemnify CoinSpot for those penalties or expenses or they will be deducted from Your Account.


20. If an Affiliate registered through the Program is being investigated in relation to their conduct on the Platform, CoinSpot will withhold commissions generated from that Affiliate until the investigation is completed.


21. If an Affiliate is banned from having an Account with CoinSpot for breach of these Affiliate Terms, CoinSpot’s Terms of Use or for any other reason determined by CoinSpot, CoinSpot will not pay You for the commission generated from a banned Affiliate.


22. If CoinSpot has paid You in respect of a banned Affiliate, CoinSpot may deduct or set-off the amount of payment against Your current or future commission payments and, if requested by CoinSpot, You must repay any shortfall owed to CoinSpot within 15 days of receiving notice from Us in writing.


23. You expressly understand, warrant and agree that to the fullest extent permitted by law, CoinSpot and its Associates are not liable to You for:
1. Any fines, penalties, taxes and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including but not limited to loss of business, loss of revenue, loss of contract, loss of production, lost opportunity costs), legal costs and expenses which may be incurred by You, however caused, other than where such damages are caused by any act of fraud or misconduct from CoinSpot;
2. Any loss or damage which may be incurred by You, including but not limited to loss or damage as a result of:
1. any changes which CoinSpot may make to the Program, or for any permanent or temporary suspension of the Program (or any features within the Program);
2. the deletion of, corruption of, or failure to store, any content or other communications data maintained or transmitted by or through Your use of the Program;
3. Your failure to provide CoinSpot with accurate, complete or current Account or personal information including bank account information; or
4. Your failure to keep Your password or Account details secure and confidential; or
5. Your failure to properly use the links and other promotional tools as supplied by CoinSpot.


24. The Affiliate Terms constitute the entire agreement between You and CoinSpot in relation with, or connection to, the Program and supersedes all previous agreements or understandings between the parties in connection with the Program.


25. You agree that if CoinSpot does not exercise or enforce any legal right or remedy which is contained in the Affiliate Terms (or which CoinSpot has the benefit of under any applicable law), this will not be taken to be a formal waiver of CoinSpot’s rights and that those rights or remedies will still be available to CoinSpot.


26. The Affiliate Terms will be binding on, operate to the benefit of, and enforceable against You and CoinSpot and their respective successors and assigns.


27. Any term or part of a term of the Affiliate Terms that is held to be invalid or unenforceable may be severed from the Affiliate Terms and the remaining terms or parts continue in force.


28. The Affiliate Terms are governed by the laws of the State of Victoria and in the event that a legal dispute or claim is brought with respect to this Program, the Courts of Victoria will have non-exclusive jurisdiction.