Digitex Treasury Affiliate Terms and Conditions

The Affiliate agreement set forth is between you (referenced herein as “you”, “your”, “affiliate” or “referrer”) and Digitex Ltd (referenced herein as “Digitex”),a Seychelles Registered Company. By accepting this agreement, you acknowledge that you have read, understood and accepted all of the terms and conditions contained in this Terms of conditions agreement which governs the Digitex Treasury Affiliate Program.

By agreeing to these terms and conditions you accept that

  • Digitex reserves the right to modify or change the Terms at any time and at its sole discretion.

  • Digitex reserves the right to alter, suspend or cancel the Treasury Affiliate Program at any time at its sole discretion.

  • Any and all modifications or changes to these Terms and/or the Affiliate Program will be effective immediately upon being announced on the Digitex website or emailed to users.

  • Your future or continued use of the Digitex Treasury’s Affiliate program acts as acceptance of the amended agreement and rules

  • If you do not agree to any modification to these Terms, you must stop using the Services immediately

  • you are at least 18 years old or of legal age to form a binding contract under applicable law, (b) are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms

1. Description of Affiliate Program

  • The Digitex Treasury Affiliate Program allows Affiliates who refer buyers of DGTX tokens through the Digitex Treasury to earn a percentage of their referred users purchase.

  • Affiliates earn 15% of their referred users purchase and an extra 5% for any of their referred users’ referrals.

  • Affiliates must join the Digitex waitlist in order to be eligible to refer users or receive any commission payments

  • Earnings are paid in Ethereum and are paid out once per day at 2pm UTC, to the Ethereum wallet address registered by the Affiliate.

2. Affiliate Restrictions

You acknowledge and agree that you shall not:

  • Use any trademark or mark owned by or licensed to Digitex, ® or ™ trademark or mark owned by or licensed to Digitex with keywords or any misspellings in their domain names;

  • Engage in activities that Digitex determines, in its sole discretion, to be harmful to its customers, employees, operations, token holders or reputation;

You also acknowledge and agree that your website or publishing location shall not:

  • Contain false, inaccurate or misleading information about Digitex’s products, the Digitex Treasury and/or services;

  • In any way copy or resemble the look or feel of the Digitex website or website content nor create the impression that your website or publishing location is part of Digitex’s network of websites;

  • Engage in sending unsolicited commercial email (“spam”) or indiscriminate advertising;

  • Violate any applicable law such as data transfer, data privacy, data security laws or any securities laws

  • Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;

  • Contain Links to websites containing any of the aforementioned content, which may cause harm to Digitex’s reputation;

  • Cause any account linkage to be made that is not in good faith or is an attempt at cheating the system or Digitex;

  • State or imply that any of the information, content or data contained in your website or publishing location represents or reflects any views, advice or opinions of Digitex.

You acknowledge and agree that Digitex may terminate your affiliate account if you, your website or your publishing location violates, as determined by Digitex in its sole discretion, any of the aforementioned restrictions or additional restrictions.

3. Commissions

Commissions under this Service Agreement will be paid to you based on a share of the net spend contributions made by referred users in the purchasing of DGTX tokens via Digitex Treasury. Digitex 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 or in any breach of this Service Agreement.

4. Your Responsibility

As an affiliate, we provide you with the Links or materials necessary to promote Digitex’s products and services, which you may display in any area of your website or publishing location as you see fit. These links will be available to you after signing up to the Digitex waitlist and receiving your unique referral link. The Link will identify your site as a member of our Treasury Affiliate Program and will create a Link from your website or publishing location to ours. You acknowledge and agree that it is your sole responsibility to indicate your correct unique referral or affiliate ID and link in the promotional materials you use on your website or publishing location. You may promote the products and services that Digitex offers in any manner you choose unless it misleads Visitors about Digitex’s services.

You are responsible for ensuring that any users referred to Digitex by you are aware of the Terms and Conditions of the Digitex Treasury.

You are responsible for ensuring the accuracy and correctness of your Ethereum Wallet in which you will receive any payments or commissions earned. This wallet can be set, changed or removed from the Digitex Treasury Affiliate Dashboard at any time by you. Should a change of wallet address be necessary, you will also ensure that your registered wallet address is correct and updated no later than two hours before the daily payout time each day.

5. Our Responsibility

Digitex will not be responsible for lost sales or lost opportunity to earn Commission through the Digitex Treasury due to any cause (such as technical difficulties or issues with the Ethereum network) preventing Digitex Futures from registering any account, or from tracking any payments or from being unable to accept certain users from buying DGTX tokens through the Digitex Treasury due to their eligibility or jurisdiction.

Digitex will not be responsible for payments being sent to the incorrect Ethereum wallet due to errors or mistakes made by you, in line with your responsibilities set forth in this agreement.

6. Relationship between the parties

The Affiliate shall have no authority, and shall not hold itself out, or permit any person to hold itself out as being authorised to bind Digitex in any way and shall not commit any act which may reasonably create the impression that the Affiliate is so authorised to do so. For the avoidance of doubt the Affiliate will not make any recommendations, give advice, accept any commitment or guarantee, or accept any responsibility for any matter whatsoever for or on behalf of Digitex.

7. Amendment and Termination

7.1 Digitex may alter any of the terms and conditions contained in this Services Agreement, at any time at its sole discretion, by notifying the Affiliate via email or by posting a notice or a new agreement on its website, Digitex therefore recommends that the Affiliate revisit and check this Services Agreement regularly.

7.2 Digitex shall reserve the right to terminate or suspend without notice this Services Agreement, or any rights of the Affiliate that may fall under the provisions of this Services Agreement, due to any malpractice, breach, failure, or any other significant events; including but not limited to, liquidation or insolvency, on the part of the Affiliate. Such termination will be at the sole discretion of Digitex.

7.3 Furthermore, Digitex may terminate this Services Agreement forthwith, upon written notice to the Affiliate, if: (a) it becomes unlawful for the Company and/or the Affiliate to perform or comply with any one or more of their obligations under this Services Agreement; or (b) the Affiliate ceases, in the Company’s reasonable opinion, to remain fit and proper to introduce/provide the services to the Company; if the Affiliate no longer holds the necessary authorization or consent to perform the obligations under this Services Agreement, or if the Affiliate is prevented for any reason from carrying out the activities and/or obligations herein.

7.4 If Digitex continues to generate revenue from the Affiliate’s customers after termination of this Services Agreement, it does not constitute a continuation or renewal of this Services Agreement or a waiver of termination of this Services Agreement.

8. Disclosures to Legal Authorities and Authorized Financial Institutions

a. Data Sharing

We may share your Personal Data with law enforcement, data protection authorities, government officials, and other authorities when:

  1. a) required by law;

  2. b) compelled by subpoena, court order, or other legal procedure;

  3. c) we believe that disclosure is necessary to prevent damage or financial loss;

  4. d) disclosure is necessary to report suspected illegal activity; or

  5. e) disclosure is necessary to investigate violations of our Terms of Service or Privacy Policy.

For further information on how we process your Personal Data, please refer to the Privacy Policy.

9. Indemnification

  1. You agree to indemnify and hold harmless of Digitex, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

  1. In no event will Digitex, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other law or equity for:

  1. a) any special, incidental or consequential damages;

  2. b) the cost of procurement or substitute products or services;

  3. c) interruption of use or loss or corruption of data; or

  4. d) any amounts that exceed the fees paid by you to Digitex under this agreement during the twelve-month period prior to the cause of action.

Digitex shall have no liability for any failure or delay due to matters beyond their reasonable control. The previous shall not apply to the extent prohibited by applicable law.

10. Limited Liability

a. Except as permitted to the maximum extent by applicable laws, in no event shall Digitex, our directors, employees, agents, suppliers, resellers, service providers, or other users be liable for any direct, special, indirect, incidental, consequential, exemplary or punitive damages, including but not limited to damages for loss of use, loss of profits, loss of information, business interruption, revenue, or goodwill, whether on the basis of contract, tort (including but not limited to negligence), or otherwise arising out of the use or inability to use the site, or mistakes, omissions, interruptions, deletions, errors, defects, viruses, delays in operation or transmission or any failure of performance of the site or any information transmitted to Digitex.

10.2. To the maximum extent permitted by applicable laws, in no event shall the aggregate liability of Digitex, our directors, employees, agents, suppliers, resellers, service providers, or other users whether on the basis of contract, warranty, tort (including but not limited to negligence), product liability, strict liability, or other theory arising out of the use or inability to use the site, or mistakes, omissions, interruptions, deletions, errors, defects, viruses, delays in operation or transmission or any failure of performance of the site, exceed the fees paid by you to Digitex during the six months immediately preceding the date of any claim giving rise to such liability.

10.3. If we are unable to perform the Services in the Terms of Service due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the Services provided under this Agreement and for a time period coincidental with the event.

11. Waiver

The failure of Digitex 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.

12. Assignment and Resale

Your rights under this Services Agreement are not assignable or transferable to any other person, creditor or any other entity in which this agreement was not originally created with.

13. Enforceability

In the event that any provision or part of this Service Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Services Agreement unenforceable or invalid as a whole. Digitex 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.

14. Force Majeure

You agree that Digitex is NOT liable for any delay in meeting its obligations set forth in this agreement due to any cause outside its reasonable control including acts of God, riot, war, malicious acts of damage, fires, electricity supply failures and government authority and edicts.

15. Governing Law

The Terms and any non-contractual obligations arising out of or in connection with them are governed by and construed in accordance with English law. The International Business Companies Act 1994 is the principal legislation that governs corporates in the Republic of Seychelles.

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