WhiteBIT Affiliate Program Terms and Conditions
The terms and conditions of the WhiteBIT Affiliate Program constitute an "Agreement" between you and WhiteBIT. This Agreement governs your participation in the WhiteBIT Affiliate Program (the "Program") https://whitebit.com/affiliate/overview. If you are participating or registering on behalf of a legal entity, the term "you" shall refer to that entity, and you represent and warrant that you have the authority to bind the business to this Agreement.
In this Agreement, "WhiteBIT," "we," or "us" refers to Nova Fintech LLC, a company incorporated in Saint Vincent and the Grenadines with its registered office located at Suite 305, Griffith Corporate Centre, Beachmont, Kingstown, Saint Vincent and the Grenadines.
This Agreement governs the use of the Platform and our Website and any services provided through the Platform for accessing the Program. This Agreement serves to supplement and constitutes an integral part of the WhiteBIT User Agreement (https://whitebit.com/terms) between you and WhiteBIT when you register for the Program. By registering for the Program, you confirm your acceptance of this Agreement and our Privacy Policy (https://whitebit.com/terms/privacy-policy). If you do not agree to this Agreement, or WhiteBIT User Agreement you must immediately cease using the Website and the Platform.
By participating in the Program, registering to participate, or otherwise indicating your acceptance of this Agreement (such as by clicking a consent checkbox during the registration in the Program and/or registering an Account via the WhiteBIT Affiliate referral link on the web page), you agree to be bound by the terms of this Agreement. WhiteBIT may amend this Agreement occasionally, including the terms outlined in the WhiteBIT Affiliate Program F.A.Q. guide, which can be accessed here: https://whitebit.com/affiliate/faq (the "Program Terms"). The Program Terms, in their entirety, are incorporated by reference into this Agreement and govern your access to and participation in the Affiliate Program. In the event of any conflict between this Agreement and the Program Terms, the provisions of this Agreement shall prevail and take precedence.
All capitalized words and terms used herein that are not specifically defined shall have the meanings ascribed to them in the WhiteBIT User Agreement (https://whitebit.com/terms).
Disclaimer: no material or information available on the Website or Platform should be construed as a recommendation, endorsement, offer, invitation, or solicitation to engage in any transaction, purchase any product, or deal with other products. You acknowledge that investing in any Digital asset involves various risks, and the discussions or content related to any Digital asset available on the Website or Platform may not include a comprehensive list or description of relevant risk factors. Markets are subject to continuous changes, and therefore, any information, content, or other materials provided on or through the Website or Platform may not be complete, current, or may be superseded by newer information. You rely on such information at your own risk.
No Professional or Investment Advice: our Website and Platform are not intended to provide tax, legal, insurance, or investment advice. Nothing on the Website or Platform should be interpreted as an offer to sell, a solicitation of an offer to buy, or a recommendation for any Digital asset by us. You are solely responsible for determining whether any investment, strategy, or other product or service is appropriate for you based on your individual investment objectives, personal circumstances, and financial situation. For specific legal or tax advice, you should consult with an attorney or tax professional.
1. Terms and Definitions
- "Affiliate" shall mean the User of the Platform who has registered in a Program as an "Affiliate" pursuant to this Agreement.
- "Agreement" means these WhiteBIT Affiliate Program Terms and Conditions, including the Program Terms;
- "Affiliate Program", "Program" means the program that we make available to our Users on the Website in order to market and promote the Platform and enable the Affiliates to refer potential customers to WhiteBIT for the purpose of converting such potential customers into a User.
- "Effective Date" means the date upon which this Agreement is executed (i.e. the date on which the User becomes a member of a Program and accepts the Agreement);
- "Affiliate link" means the referral link that an Affiliate posts on any Third Party Platform and which may be used to direct potential customers to the Platform.
- "Affiliate Account" means the Account established by an Affiliate to participate in the Program, and which contains the functionality to tailor Bonus offers, track Participants activity across different periods and channels, and view detailed statistics on clicks, registrations, and referral activity, manage and monitor each Participant's progress, etc...
- "Affiliate Levels Section" means an interface within the Affiliate Account that displays the Affiliate's current Affiliate Bonus rate level and corresponding bonuses based on the trading volume and activities of referred Participants.
- "Campaign" means a custom campaign that can be created by the Affiliate for a certain period and with certain conditions for Participants, which includes the possibility to refer potential customers via the Affiliate link.
- "Third-party platform" means any social media platform or any other website, or resource through which an Affiliate promotes or markets the Platform or the Website.
- "Personal Data" refers to information supplied by an Affiliate from which the identity of such Affiliate may be directly or indirectly ascertained.
- "Bonus" means any commission, rebate, and/or other remuneration paid, or payable, to the Affiliate by us for the referral services rendered by the Affiliate regarding the new Participants identified and referred to the Platform by the Affiliate.
- "Participants" means Users of the Platform who were referred by an Affiliate through Affiliate Links as part of a specific Campaign within the Program.
2. Changes
We may at any time: (a) modify or update this Agreement, Program Terms, or our Privacy Policy; (b) alter, update, or discontinue any aspect of the Website or Platform; or (c) introduce fees or other conditions for using the Platform, participation in a Program with reasonable notice.
Changes may be made without prior notice (except for Bonus/fee-related changes). We will notify you of changes via our Website, push notifications in the Platform, or email. You agree to any changes by continuing to use the Website and Platform after they are implemented.
You acknowledge that prior to every usage of the Website, Services, and/or Platform, you are obliged to familiarize yourself with this Agreement, Program Terms, WhiteBIT User Agreement and Privacy Policy
3. Key Features of the Affiliate Program
The Program offers the Affiliate to get paid different Bonus rates, by means of inviting/attracting new customers, to register, become Participants, and trade on the Platform, following the terms of this Agreement.
The Affiliate Program provides, including but not limited to, the following features:
- the ability for Affiliates to create their own Campaigns with customized Bonus offers and activities for the Participants.
- analysis of Campaign(s) activity(ies) across different periods and communication channels.
- access to detailed statistics on clicks, registrations, and Participants' activity, and manage and monitor each Participant's progress.
- viewing a list of all invited Participants and tracking their activity, trading volume, and individual progress.
4. Requirements and access to the Program
You must be at least 18 years old to access and use the Website and Platform or become an Affiliate. By agreeing to this Agreement, you affirm your capability to enter into and comply with it. To become an Affiliate, you must register with the Platform, provide complete and accurate information, and keep it updated.
It is restricted to take part in the Affiliate Program if the User is already benefiting from the Referral Program on the Platform.
We reserve the exclusive right to accept or reject any application for the Program at our sole discretion. Only those whose registrations are approved will become Affiliates.
5. Intellectual Property
All title, ownership, and intellectual property rights related to the Website, Platform, and any information transmitted via or concerning the Platform shall remain exclusively with the WhiteBIT. Nothing on the Platform shall be interpreted as granting you any license or rights to the WhiteBIT's or any third party's intellectual property, except as explicitly stated herein.
The Platform and Website may offer access to content, information, quotes, videos, photos, or other materials provided by third parties ("Third-Party Content"). We do not endorse, verify, or take responsibility for the accuracy, completeness, or validity of any Third-Party Content. You use or rely on such content at your own risk. All intellectual property rights in Third-Party Content remain with the respective Third-Party Content Providers. Nothing on the Platform shall grant you any license to such Third-Party Content except as expressly provided herein.
You are prohibited to:
- modify, adapt, reproduce, translate, create derivative works from, or reverse engineer the Website, Platform, or any data or content (including Third-Party Content) provided through them;
- remove or alter any copyright notices, trademarks, logos, or product identifications from the Website or Platform;
- misrepresent the Website by copying its visual elements or text, or otherwise infringe on WhiteBIT's intellectual property rights, including "scraping" content;
- alter or obscure the information on the Website without authorization;
- infringe on intellectual property rights, including copyrights, trademarks, or trade secrets;
- frame or otherwise inhibit the full display of any web page accessed via the Website, Platform, or Affiliate Link;
- commercially exploit the Website or Platform, or use the WhiteBIT's logo, trademark, or brand name for any purpose other than soliciting potential customers by the Program in accordance with this Agreement.
You give us consent for using any information or content you provide or that is processed in connection with your use of the Website and Platform (e.g., Personal Data, geographic/IP data, device information) for the purposes of delivering Services and ensuring secure use of the Website.
6. Affiliate Accounts General Terms and Promotions rules
To participate in the Program, all Users must fill out a participation form on the Platform, and afterward, WhiteBIT representatives will approve or deny access to the Program and the creation of an Affiliate Account.
After access to an Affiliate Account on the Platform is granted, this Affiliate Account will allow you to monitor metrics such as clicks on your Affiliate Links, trading volume of your participants, pending Bonuses, and other relevant information.
Your participation in the Affiliate Program is entirely at our discretion, and you may be removed from the Program at any time, with or without cause. If you violate any of the Agreement, Program Terms, or WhiteBIT User Agreement you may be immediately removed from the Program, and any amounts you have received or were entitled to receive may be forfeited.
We reserve the right to review and investigate all activities related to the Affiliate Program and may suspend Affiliate Accounts or modify any conditions at our sole discretion, as deemed fair and appropriate. Please note that we have the right to cover any proven damages caused by an Affiliate's or Participant's actions in the Affiliate Program by using their funds on our Platform. Additionally, we may revoke all Affiliate Program rewards - the Bonuses, in the event of violations of this Agreement, Program Terms, or WhiteBIT User Agreement, or in cases of fraud, refunds, cancellations, chargebacks, or significant changes in business circumstances.
Your participation in the Affiliate Program, and the application of this Agreement, Program Terms, commence when you enter an Affiliate Link for the Affiliate Program as part of setting up the Participant's User Account, or when you send an Affiliate Link to any customer or take other steps to engage a customer to participate in the Affiliate Program and become a Participant. This Agreement will apply indefinitely from that point until your participation in the Affiliate Program ends. If your participation in the Affiliate Program ends, all Affiliate rewards and the possibility to receive Bonuses will terminate on the same date. However, this Agreement will continue to apply, if necessary, even after your participation in the Affiliate Program concludes.
You are required to actively promote and market our Website and Platform on Third-Party Platforms. Users who register on the Platform via your Affiliate Link will be considered your "Participants" for Bonus calculation purposes. The Participants will be required to open a User Account on the Platform, by completing the KYC verification on WhiteBIT.
To participate in the Affiliate Program, authorization must be provided by Participants for the access and processing of Personal Data and the establishment of an API connection. By signing up for the Affiliate Program, the Participant should provide explicit consent via the consent checkbox during the registration of an Account via Affiliate Link, for their Personal Data to be processed by Affiliates, including but not limited to their email address, username, registration date, trading volume, and other relevant information.
We reserve the right to refuse any Participant to join the Affiliate Program for any reason or no reason at all at our sole discretion. Additionally, we may, at our discretion, refuse to continue permitting any Participant to access or use the Website or Platform at any time, as outlined in this Agreement and/or WhiteBIT User Agreement.
Participants who have been referred by Affiliates may qualify for VIP status up to, but not exceeding, Level 8, in accordance with the Terms and Conditions of the Affiliate Program.
You must not use your Affiliate status to generate Bonus for personal trading accounts or through multiple accounts You control. We reserve the right to adjust or revoke any Bonus or terminate Your Affiliate Account, at our sole discretion, at any time if the terms of this Agreement are violated.
We retain sole discretion over accepting or rejecting any Participant You introduce and may terminate the business relationship with any Participant at any time. All shared Participant's Personal and other data remains the exclusive property of WhiteBIT, as a Data Controller. Affiliates have no rights to this information except as a Data Processor for the duration of the Participant's active involvement in the Program and/or for the duration of the certain Campaign. Upon the termination or withdrawal of a Participant from the Program and/or after a certain Campaign has been completed/ended all rights of Affiliates to access, use, process, or retain Participant Personal and other data shall immediately cease.
You agree that all activities within the Affiliate Program must be conducted professionally, appropriately, and in compliance with applicable laws and regulations, and without engaging in, or inciting, defamation, harassment, hate speech, or any other form of inappropriate or harmful behavior towards any third party individuals or groups of such third parties.
The Affiliate agrees to:
- participate in the Program and diligently perform all Campaigns' activities with competence and to the best of their ability, fully adhering to all the terms and conditions of this Agreement as provided by Us.
- avoid making any false, misleading, or negative statements, or engaging in any conduct that could, in our opinion, harm Our reputation or interests.
- refrain from making any representations or commitments on our behalf and direct all inquiries related to us or the benefits derived from this Agreement to us.
- not create or publish any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, invasive of privacy, or prejudicial in any form.
- avoid insulting, attacking, or disparaging any person, corporation, business, or entity, including our competitors.
- refrain from making any negative statements about us, our brand ambassadors, influencers, associates, or staff, whether in public, online, or in the press.
- avoid engaging in any activities that could, in our reasonable opinion, damage their ability to perform Program Activities or harm our reputation or goodwill.
- strictly follow any content guidelines provided by us from time to time.
Affiliate is informed that the Participant may stop his/her participation in the Campaign of the Affiliate for any or no reason without any previous notification. In case the Participant stops his/her participation in a Program or changes the Affiliate, the initial Affiliate will be able to receive such information in the Affiliates dashboard.
Participants are permitted to change their Affiliate or Campaign not more than once. Exception to this limitation may be granted solely at the discretion of WhiteBIT.
Participants who initially registered an account on the Platform without utilizing an Affiliate or Referral code shall not be permitted to assign, change, or update an Affiliate or Campaign.
7. Bonus
The default Affiliate Bonus rate is 45% starting from the start of becoming an Affiliate, which corresponds to Level 0. The Bonus distribution grid is outlined in the "Affiliate Levels Section" of the Affiliate Account and may be adjusted at Our sole discretion.
We shall pay you Bonusess for your referral services as an Affiliate. Unless otherwise agreed in writing, the Bonusess are calculated by Us at our sole discretion following the "Affiliate Levels Section" of the Affiliate Account. This calculation considers the fees paid by your Participants and the Bonus ratio applicable to You (the "Affiliate Bonus rate level"), after deducting any trading fee discounts offered by Us to specific user groups, fees paid to third-party market makers, or other applicable fees ("Other Fees").
In the event that a Participant creates a sub-account using the same Know Your Customer (KYC) documentation as their main account, the trading activity of both the main account and the corresponding sub-account shall be aggregated for the purpose of calculating the Affiliate Bonus.
A critical condition for such sub-account activity to be considered eligible is that the sub-account must be fully verified and must utilize the exact same KYC documents as those submitted and approved for the Participant's main account. Only sub-accounts that meet this verification requirement shall be included in the calculation of affiliate commissions.
The Affiliate Bonus rate level is available for viewing in the "Affiliate Levels Section" of the Affiliate Account and may be adjusted based on the number of new Participants engaged, and the total trading volume generated by those Participants within a specified period. Consequently, the Affiliate Bonus rate level will increase as the total fees collected from your Participants rise.
Bonus rates may be adjusted based on the Affiliate's trading volume, which will serve as an offer or promotion for future Participants. Bonus payouts for each Campaign are made daily for the previous day. Bonus for the marketing campaigns are paid exclusively upon the completion of the KYC verification and other requirements foreseen by WhiteBIT.
Affiliates may allocate their Bonus between themselves and their Participants, retaining a minimum percentage of the Bonus as detailed in the "Affiliate Levels Section" of the Affiliate Account. At the Affiliate's discretion, they may retain the entire Bonus percentage for themselves and not distribute it to their Participants.
Level updates: If an Affiliate advances to a higher level according to the "Affiliate Levels" section of the Affiliate Account, the new Bonus percentage will take effect at 00:00 UTC+0 (midnight) on the following calendar day. The Affiliate will receive Bonus payments for the current day based on the results of the previous day and, accordingly, at the previous level's rate. Levels may increase or decrease based on specific agreements with us, including potential decreases for failing to meet agreed-upon KPIs unless otherwise agreed in writing. Any changes to the Affiliate's level will take effect at 00:00 on the specified day, as mutually agreed upon or as stipulated in this Agreement.
Unless otherwise agreed between you and us in writing, Our tracking report of the trading activities/trading volume of your Participants, as well as the calculation of your Bonus, shall be considered final and conclusive and will be reflected in Your Affiliate Account.
8. Bonus payment
For trades conducted in various Digital Assets Bonus will be paid in these Digital Assets under the "Affiliate Levels Section".
All payments of such Bonus will be credited to the balance of the Affiliate Account. We reserve the right, at our sole discretion, to offer alternative payment methods or currencies as it deems appropriate.
We are under no obligation to pay any Bonusess to anyone who does not strictly adhere to this Agreement, Program Terms, or WhiteBIT User Agreement, as amended where applicable. It is solely your responsibility to comply fully with these terms and conditions at all times. In the event of any dispute or complaint from any of Your Participants, We reserve the right to withhold any Bonusess owed to You until such matters are satisfactorily resolved.
If we identify any abuse or irregularities in the trading activities of any Affiliate and/or any Participant You have introduced, We reserve the right to take appropriate action, including, but not limited to, suspending or terminating your Affiliate Account, at our sole discretion.
If we detect any activity in your Affiliate Account, or any activity of your Participants that we deem abnormal, suspicious, unusual, or potentially in violation of this Agreement, WhiteBIT User Agreement, Privacy Policy, and other related documents we may, at our sole discretion, withhold payment of the Bonus(s) until the relevant Transactions have been verified. In addition to the consequences set forth herein, we may also apply any measures and sanctions provided for under the WhiteBIT User Agreement for such violations.
Should we determine that such activity needs additional compliance, constitutes fraudulent activity, is a violation of applicable law (including, but not limited to, anti-money laundering laws and regulations, and WhiteBIT AML/CTF Policy (https://whitebit.com/terms/aml-policy), or a breach of any agreement between us and you or your Participant, we reserve the right to terminate this Agreement, cancel or recalculate your Bonusess, withhold future payments, and recover any Bonusess that have already been paid out to you.
9. Campaigns
Campaign naming: The Campaign name may be any title chosen by the Affiliate, provided it does not infringe upon the intellectual property rights of us or any third parties and does not engage in or incite defamation, harassment, hate speech, or any other inappropriate or harmful behavior toward any third party.
Affiliate Link Creation: The Affiliate Link for a certain Campaign will be generated automatically within the Affiliate Account upon the Affiliate's relevant request, but the Affiliate may modify it. The Affiliate Link will always be unique; however, if the Affiliate enters a name already in use, it will prevent the creation of a Campaign under that link.
Campaign Duration: The Campaign period during which the Affiliate offers rewards (Bonuses) to Participants begins when the Participant completes the KYC verification on the Platform. If the Campaign is created before the Participant completes KYC, rewards will apply from the verification date within the Campaign period.
A Campaign may be removed if no Participants engage through the Affiliate Link. If the Affiliate chooses to stop offering Bonuses within a Campaign, the Campaign can be paused. Participants can still access the Campaign through the Affiliate Link, but they will not receive any rewards, and the entire Bonus percentage will be retained by the Affiliate.
Unless expressly stated otherwise in any additional written agreement with us, you are solely responsible for determining how to conduct Campaigns' activities. This includes deciding when (e.g., specific days and times), where (e.g., particular third-party platforms or locations), and how to conduct these activities, as well as the frequency of such activities, under the Program Terms. Except as specifically outlined in this Agreement and the Program Terms, we will not control or prescribe the methods you use for conducting Campaigns' activities. You will be solely responsible for all costs and expenses of doing business, including all payments, taxes, and other business expenses that may be incurred in connection with the Program and Campaigns.
10. Affiliate Responsibilities, Prohibited use
The Affiliate agrees to:
- provide and maintain accurate, complete, and up-to-date information during registration for the Program and within the Affiliate Account once registered. We reserve the right to decline your registration. You are responsible for all activities that occur under your Affiliate Account. Unless otherwise permitted by Us, You may only have one Affiliate Account and cannot register for an additional one.
- act per this Agreement, WhiteBIT User Agreement, and comply with all applicable laws, including advertising, social media, and competition regulations and guidelines issued by relevant government bodies and online platforms' terms and conditions, including community guidelines. If you are representing a business, ensure that your employees, personnel, associates, and agents comply with this Agreement and the Program Terms, and you will be responsible for their conduct in connection with this Agreement.
- notify us immediately of any criminal prosecution or other complaints filed against you after the Effective Date, and of any press speculation, adverse media, or inquiries related to your personal or business affairs.
- Inform us as promptly as reasonably practicable of any significant changes or developments in your circumstances or activities that could reasonably be expected to negatively impact on us.
You must not use the Website or Platform, or provide any information or content related to the Platform, Program on the Website or at any Third Party Platform, in any manner that:
- is fraudulent, suspicious, illegal, unauthorized, or promotes violence or unlawful activity;
- defames, harasses, or discriminates against any individual or group based on race, gender, religion, nationality, disability, sexual orientation, or age;
- contains obscene, sexually explicit, or otherwise offensive material;
- disrupts or interferes with the functionality of the Platform or restricts others from using it;
- disables, damages, or alters the appearance or operation of the Platform;
- accesses or interacts with Platform's online services in ways not authorized by this Agreement, WhiteBIT User Agreement, including through unauthorized software or methods;
- collects, stores, or harvests information about Users or Participants through unauthorized means;
- sends unsolicited advertisements, spam, or chain letters concerning the Website or Platform;
- transmits harmful software, viruses, or other malicious code; or
- engages in any other conduct deemed inappropriate or offensive by us at our sole discretion.
You acknowledge and agree that the information and services offered by the Platform are not intended for, and may not be used by, any individual or entity in a jurisdiction where such provision or use would violate applicable laws or where we are not authorized to operate.
11. Additional Obligations
By using the Platform and participating in the Affiliate Program, you agree to disclose to referred Participants any Bonus or additional compensation you receive in connection with the services provided under these Terms, as necessary.
You agree not to engage in or encourage any third party to engage in the following activities, either directly or indirectly:
- Provide personalized trading advice tailored to the specific circumstances of any subscribers, followers, viewers, or other individuals accessing your referral services.
- Publish fraudulent or deceptive content or information that could be perceived as market manipulation or an attempt to manipulate the market.
- Impersonate us or misrepresent yourself as acting on our behalf to provide investment advice to referred Participants.
- Create a new Affiliate Account following the termination of your previous Account due to a breach of this Agreement and/or WhiteBIT User Agreement.
- Violate any policies or agreements posted on the Platform or within the Affiliate Program, including any revisions or updates thereto.
You must provide accurate and complete information to us at all times, including, but not limited to, your contact details, the nature of your activities related to introducing or promoting our services, and any other information and/or documents we may request. Failure to provide any such requested data and/or documents may result in termination of this Agreement at our sole discretion at any time.
This Agreement does not create any agency, partnership, employment relationship, or joint venture between you and us. You may not represent otherwise, whether expressly, implicitly, or through appearance.
You are solely responsible for all applicable duties, charges, and taxes arising from your business activities. WhiteBIT does not provide financial, tax, legal, investment or other recommendations.
We are not liable for any marketing or promotional activities You undertake for Your own business purposes or for any associated costs. You bear all expenses related to such activities.
12. Notifications
Communications from us may be sent through unsecured networks. You must provide Us with accurate and complete email addresses or phone numbers for receiving such notifications (and/or if applicable links/IDs to your messengers' contacts).
You agree to receive notifications related to the Platform, Affiliate Account, Program, and this Agreement via the methods We use. These notifications will serve as effective notice, replacing any other written or mailed notices required by law. You agree that such notifications shall be deemed delivered at the moment of dispatch by us, and shall replace any other written or mailed notices required by law.
You are responsible for regularly checking the provided email addresses or phone numbers.
You must report any unauthorized use or access of the Platform immediately.
We are not liable for any losses or damages resulting from the notifications sent to You. We do not warrant and accept no responsibility for the accuracy, completeness, or timeliness of the information provided through these notifications.
12. Personal Data
As part of using the Platform and participating in the Program, we may collect, use, transfer, disclose, or otherwise process your Personal Data in line with our Privacy Policy. You should review the Privacy Policy thoroughly before registering on the Platform. By doing so, you consent to the collection, use, and disclosure of your Personal Data as described in this Agreement and the Privacy Policy, including sharing with our affiliates or third parties for service provision and transaction management related to Your Affiliate Account.
13. Waiver
To the fullest extent allowed by law, you waive any and all claims, losses, or liabilities against Us, WhiteBIT Group, affiliates, and their respective officers, directors, employees, contractors, subcontractors, legal advisers, and agents (collectively, the "Indemnified Parties") arising from your use of the Website, Platform, Affiliate Account, or any related services and content. This includes claims related to negligence, privacy violations, misrepresentation, fraud, and technical issues. This waiver is intended to be broad and comprehensive, covering all potential claims associated with your use of the Platform and services.
14. Liability and Indemnification
- Indemnification: To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless us and our Indemnified Parties from any and all claims, liabilities, losses, damages, expenses, or costs, including legal fees, arising from (a) your use, misuse, or inability to use the Website, Platform, Program, Affiliate Account, Account, or any content provided, including Third-Party Content; (b) any breach of this Agreement, WhiteBIT User Agreement or any related documents.
- Limitation of Liability: We and the Indemnified Parties are not liable for any damages resulting from the use or inability to use the Platform, Website, Third-Party Content, or Affiliate Accounts. This includes but is not limited to, direct, indirect, special, incidental, or consequential damages such as trading losses, data loss, business interruptions, or lost profits. This limitation applies even if we were aware of the possibility of such damages.
- Maximum Liability: Our liability for any claims arising from this Agreement is limited to the maximum amount of fees you have paid to us.
- Force Majeure: We are not liable for any failure to perform our obligations due to events beyond our control, including natural disasters, acts of war, strikes, equipment failures, or other unforeseeable circumstances. Performance deadlines will be extended by the duration of such events.
15. Termination and Remedies
We may terminate or suspend your access to the Platform, in whole or in part, at our sole discretion, either immediately or with notice, if we identify any abuse or irregularity in the trading activities of the Participants you have introduced. This includes the suspension or termination of your Affiliate Account and/or Participant's access to the Program, Campaign.
In the event of a breach of this Agreement, WhiteBIT User Agreement, we may, at our sole discretion, suspend or terminate your Affiliate Account immediately, without prior notice. We reserve the right to pursue all legal remedies, including civil and criminal actions, as applicable.
We may terminate this Agreement immediately upon written notice if: (a) it becomes illegal for us or you to fulfill your obligations under this Agreement; (b) we determine you are no longer fit to provide services; (c) you lack the necessary authorization or consent; or (d) you are unable to perform your obligations for any reason.
16. Final Provisions
This Agreement, including WhiteBIT User Agreement, our Privacy Policy, and any other incorporated policies, constitutes the entire agreement between Us and You regarding the subject matter and supersedes all prior agreements, representations, and understandings, whether written or oral. If any provision of this Agreement is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
We reserve the right to change, waive, or modify this Agreement at our sole discretion at any time. You may not assign, transfer, delegate, or sublicense any rights or obligations under this Agreement without our prior written consent; any attempted assignment or transfer without such consent is void. A waiver of any breach or default does not constitute a waiver of any preceding or subsequent breach or default. Headings and section titles are for convenience only and do not affect the interpretation of any section or provision.
The Agreement will take effect on the Effective Date. Unless expressly stated otherwise in any Addendum, the Term of this Agreement will continue until terminated by you or us as set forth in this Agreement.
If you have any questions, please contact us at support@whitebit.com.