Affiliate Program Terms & Conditions

This Affiliate Program Agreement (“Agreement”), together with the HXRO Terms of Service Agreement, located at https://hxro.trade/live/terms (“Terms of Service”) (collectively, the “Terms”) constitutes a legal agreement between you (“You” or “Your”) and HXRO Games, Ltd. and its affiliates (“HXRO”) and sets forth the terms and conditions of Your participation in the Affiliate Program (defined below). To the extent there is a conflict between this Agreement and the Terms of Service with respect to the Affiliate Program, this Agreement shall govern.

  1. AFFILIATE PROGRAM. The "Affiliate Program" allows You to earn Commissions (defined below) based on a percentage of fees paid to HXRO from other user(s) (“Referral(s)”) that You refer to the HXRO trading platform ("HXRO Platform") To participate in the Affiliate Program, You must apply to register at https://hxro.trade. Acceptance into the Affiliate Program is at HXRO’s discretion.

  2. AFFILIATE DASHBOARD. The "Affiliate Dashboard" is located at https://hxro.trade/live/referrals and is where You can review the information on Your Commissions and Referrals, update your profile and perform other functions. HXRO reserves the right to add or remove functions from the Affiliate Dashboard at any time.

  3. ELIGIBILITY. To be eligible to participate in the Affiliate Program, You must (a) at all times be in compliance with this Agreement and the Terms, (b) be a resident in the Territory (defined below), (c) be at least eighteen (18) years old or the age of majority where You reside, and (d) have an active Hxro account. Your Referral must also meet the requirements in this Section 2, and not own a HXRO account for You to be eligible to receive Commissions related to the Referral.

  4. COMMISSIONS. Subject to the terms and conditions herein, Hxro shall pay You a percentage of Net Fees generated by Your Referral(s) trading on the Hxro Platform, which are directed by You to the Hxro Platform and identified as Your Referral through Your Referral Link (defined below). “Net Fees” shall mean the aggregate fees received by Hxro as a result of the Referral trading on the Hxro Platform, minus any bonuses, refunds, allowances and/or discounts.

    1. Commission Percentage. The percentage of Net Fees to be paid to You shall be ten (10) percent (“Commission Percentage”). The Commission Percentage is subject to change in Hxro’s discretion and any such change will be posted Hxro’s website.

    2. Tracking and Payments. Hxro shall track all Referral trades on the Hxro Platform for the purpose of calculating the Commissions and such information will be available to You at the Affiliate Dashboard. Subject to this Section 3(b), the Commissions shall be paid to You on a monthly basis in accordance with Your information set forth in the Affiliate Dashboard. Hxro shall make the payments at or around the tenth (10th) day following the last day of each month. HXRO shall pay You in the same currency in which Your Referral trades on the Hxro Platform. Hxro may, in its discretion, withhold, delay or deny the payment of Commissions to You, and Hxro reserves the right to seek recovery of any Commissions paid, if Hxro, in its discretion, has reason to believe that You or Your Referral is in breach of this Agreement or the Terms.

    3. Not Responsible. Hxro is not responsible for lost sales or opportunities for You to earn Commissions due to any cause, including, for example, technical difficulties or over-capacity, which prevents Hxro from registering accounts, accepting deposits, executing trades, closing positions or providing services to You or Your Referrals.

  5. REFERRAL LINK. Hxro provides a unique “Referral Link” to You when you register and are accepted into the Affiliate Program. Your Referral must use the Referral Link to access the HXRO Platform for You to be eligible to receive any Commissions from that Referral.

  6. TERRITORY. The “Territory” shall be worldwide, except for countries or territories that do not allow participation in the Hxro Platform, such as the United States and Quebec, Canada. HXRO reserves the right to modify the Territory, in its discretion.

  7. TRADEMARKS. Hxro grants You the limited, non-exclusive, non-sublicensable, non-transferable and revocable right to use the Hxro and MOONREKT trademarks solely for the purpose of marketing the Hxro Platform through the Affiliate Program within the Territory. You shall not gain any interest in any Hxro trademarks as a result of this Agreement. At no time shall You contest the validity of any Hxro trademark, or Hxro’s exclusive ownership thereof, nor shall You adopt, use or register in any jurisdiction, whether as a company name, domain name, trademark, service mark, or other indication of origin, any of the Hxro trademarks, or any word, mark or design confusingly similar thereto (including, for example, any variations, misspellings or combinations with other letters, numbers, symbols or terms).

  8. RESTRICTIONS. You shall not:

    1. Violate any national, provincial, local or any other law, treaty or regulation applicable to the Affiliate Program and the HXRO Platform;

    2. Attempt to generate Referrals in bad faith or defraud Hxro, regardless of whether it causes harm to Hxro, including, for example, making false or misleading statements, using false advertising or stolen credit cards;

    3. Use spam, bulk email, viruses or search engine marketing to promote the Hxro Platform;

    4. Use, without prior written authorization, any intellectual property (including trademarks, copyrights, patents or trade secrets) owned by Hxro or any third party, or engage in any activity, directly or indirectly, that dilutes, blurs or tarnishes the value of Hxro’s trademarks or any third-party trademarks;

    5. Use any design elements from Hxro’s websites or in any way create the impression that You are an agent, employee, or otherwise associated with HXRO beyond the Affiliate Program;

    6. Make any false, inaccurate or misleading statements about Hxro or its products and services with or without the intent of attracting more Referrals;

    7. Knowingly refer the Hxro Products to any person whose enrollment with or use of would violate Hxro’s Terms, including, for example, targeting minors;

    8. Engage, directly or indirectly, in activities that Hxro determines, in its discretion, to be illegal, improper, unfair, harmful or adverse to Hxro’s customers, employees, business, affiliates or reputation; and

    9. Advocate, promote or encourage violence or discriminate against any person, organization or governmental entity.

  9. TERMINATION. Hxro has the right to immediately terminate this Agreement, with or without cause, upon written notice to You, including by email to Your last known email address. Hxro may also terminate this Agreement by posting notice on its website that Hxro is terminating the Affiliate Program entirely, or for certain groups of affiliates. You may immediately terminate this Agreement, with or without cause, by given Hxro written notice of Your desire to Termination, including by email to support@hxro.trade. After termination of this Agreement, You shall no longer be entitled to receive Commissions and You shall immediately cease all use of the Hxro trademarks and promotion of the Hxro Platform, Hxro’s products and services.

  10. LIMITATION OF LIABILITY. HXRO SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR SAVINGS AND DAMAGES RESULTING FROM LOSS OF OPPORTUNITY OR LOSS OR INTERRUPTION OF USE) FOR ANY REASON WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE AFFILIATE PROGRAM, OR YOUR USE OR INABILITY TO USE HXRO’S WEBSITES OR THE MATERIALS AND CONTENT OF THE WEBSITES, REGARDLESS OF THE FORM OF CLAIM OR ACTION (WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY), EVEN IF HXRO WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH IN THIS AGREEMENT. IF A CERTAIN JURISDICTION DOES NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY AS SET FORTH IN THIS LIMITATION OF LIABILITY, THEN HXRO’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  11. DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HXRO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, AND ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN (INCLUDING, BUT NOT LIMITED ANY IMPLIED WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE) ARE SPECIFICALLY DISCLAIMED.

  12. INDEMNIFICATION. You shall indemnify, defend and hold HXRO and its affiliates and their respective officers, directors, employees, shareholders, members, contractors, agents, parents, subsidiaries, licensors, successors and assigns harmless from and against any and all liabilities, claims, demands, causes of action, losses, expenses and damages (including, without limitation, reasonable attorney’s fees and settlement amounts) brought by a third party, to the extent relating to or arising out of: (a) any actual or alleged breach by You of this Agreement or the Terms; (b) You or Your Referrals’ use of HXRO’s products and services; (c) Your participation in the Affiliate Program; or (d) Your gross negligence, fraud or willful misconduct. No settlement that involves a remedy other than the payment of money by You shall be entered into without the written consent of HXRO, which consent shall not be unreasonably withheld.

  13. REPRESENTATIONS AND WARRANTIES. You represent and warrant that:

    1. You are least eighteen (18) years old or the age of majority where You reside;

    2. You have the full right and authority to enter into this Agreement and to fulfill Your responsibilities and obligations hereunder;

    3. You will comply with all applicable laws, treaties and regulations, and the Terms, in connection with Your participation in the Affiliate Program and use of HXRO’s products and services.

  14. GENERAL PROVISIONS.

    1. By entering the Affiliate Program, You consent to Hxro sending communications by telephone, SMS or email to You that contain newsletters, notifications and other content of a commercial nature relating to Hxro’s products and services, which You can opt-out of by notifying Hxro in writing.

    2. Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of Bermuda, without regard to its conflict of laws principles, and venue for any dispute under this Agreement shall lie in Bermuda. The Parties hereby consent to the jurisdiction and venue.

    3. Entire Agreement; Severability. This Agreement constitutes the entire understanding between You and HXRO with respect to the subject matter hereof, and shall supersede any and all prior communications, negotiations, correspondence, course of dealings and other agreements, written or oral, between the parties regarding such subject matter. If any provision of this Agreement is found to be invalid, illegal or unenforceable, a modified provision shall be substituted which carries out as nearly as possible the original intent of the parties and the remaining provisions shall in no way be affected thereby.

    4. Survival. Sections 7-8 and 10-14 shall survive after the termination or expiration of this Agreement, including any other provision, which, by its nature, is intended to survive termination or expiration of this Agreement.

    5. No Agency or Employment Relationship. Nothing in this Agreement shall be construed as creating an agency, partnership, employment or other form of joint enterprise between You and HXRO. Each party shall ensure that they will not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

    6. Waiver. No failure or delay by HXRO in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No terms or provisions hereof shall be deemed waived and no breach consented to or excused, unless such waiver, excuse or consent shall be in writing and signed by the HXRO.

    7. Assignment. This Agreement shall not be assigned or otherwise transferred by You without Hxro’s prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable.

    8. Section Headings. This Agreement contains paragraph headings solely for the convenience of the reader, and such headings shall not affect or provide any interpretation as to the meaning of this Agreement or the Parties’ intentions.

    9. Modifications. You agree that Hxro can amend and modify this Agreement at any time and You agree to be bound by the changes.