Web Representative Regulations

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    General provisions.

    • 1.1. In accordance with the terms and conditions of the Regulations a Customer signed the Customer Agreement with the Company is entitled to use the agent account to accumulate the bonuses amounts received from the trading of the acquired Clients (hereinafter within these Regulations – Web-Representative).
    • 1.2. The Web-Representative is entitled to draw the new Clients (hereinafter Clients) for the Company in order and on terms covered by these Regulations.
    • 1.3. These Regulations alongside with the Terms of Business (hereinafter – the Terms of Business), Regulations for Non-Trading Operations (hereinafter – Regulations for NTO), «PAMM-ACCOUNT» service Regulations (hereinafter - Regulations for «PAMM-ACCOUNT») and the Risk Disclosure are an integral part of the Customer Agreement.
    • 1.4. Terms and conditions of the Regulations are binding for each customer of the Company from the moment the Customer accepts the terms and conditions of the Customer Agreement with the Company.
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    Interaction of the Parties.

    • 2.1. Under no circumstances these Regulations are considered to be a Partnership, joint venture and/or employer-employee relationship. The Web-Representative may operate and introduce itself in interaction with the third parties only as a customer of the Company and not in any other capacity. The Web-Representative may not use the name of the Company, the logo of the Company, etc. anywhere including advertising materials, forms, business cards, announcements and publications without a written consent from the Company except the cases described in the p.2.2 of these Regulations.
    • 2.2. In order to draw the Clients the Web-Representative may only use the banners with the Company’s logo represented in the Personal Area of the Web-Representative and/or the Referral link delivered after the registration of the agent account. The Referral link may be placed as a hidden link.
    • 2.3. Under no circumstances the Company is responsible for:
      • 2.3.1. any actions of the Web-Representative carried out with breach of the Regulations and /or the Customer Agreement provisions;
      • 2.3.2. any actions of the Web-Representative carried out outside the limits of its authority provided by the Company;
      • 2.3.3. any losses of the third parties caused by the Web-Representative;
      • 2.2.4. claims to the Web-Representative resulted from its failure to comply with clause 3.1. hereof.
    • 2.3. The parties agree to comply with the provisions provided in these Regulations and /or the Customer Agreement, unless otherwise specified and signed by the parties under mutual agreement.
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    Obligations of the Web-Representative.

    • 3.1. The Web-Representative agrees to act in compliance with the legislation of the country of its residence.
    • 3.2. The Web-Representative agrees to use the best endeavors to draw new customers for the Company.
    • 3.3. The Client acquired by the Web-Representative is the Client who opened a trading account at the Company and who was directed to the Company’s web-site by the banner and/or a link placed on the web-site of the Web-Representative. The unique ID number of the Web-Representative is saved in the cookies file during a year if the Client didn’t clear the cashe memory.
    • 3.4. The Web-Representative agrees not to use unprincipled types of advertising to promote its activity. In particular it is prohibited to use:
      • 3.4.1. pop-up windows;
      • 3.4.2. SPS (Site Promotion System);
      • 3.4.3. advertising on amoral (including pornographic) websites;
      • 3.4.4. advertising on websites breaching the Web-Representative’s country of residence legislation;
      • 3.4.5. spam;
      • 3.4.6. advertisements with deliberate misleading description of the services provided and also deliberate nondisclosure of the risks and information about the services provided to customers;
      • 3.4.7. advertisements containing inauthentic information or breaching legislation of the IB’s country of residence;
      • 3.4.8. anything that may bring harm to the positive image of the “Broker”;
      • 3.4.9. any other types of unprincipled advertising.
    • 3.5. The Web-Representative is prohibited from:
      • 3.5.1. registering and/or using the domain names containing a part of the word of the whole word Alpari or another version of this word, for example: alpari, aplari, alapri etc.;
      • 3.5.2. Register an organization and/or use the word alpari, its any part and other version of writing this word;
    • 3.6. The Web-Representative is strongly prohibited to use the Contextually Targeted Advertising i.e. Yandex.Direct, Begun, Google Adwords and any others, using the direct URL of the Company’s web-sites (www.alpari.ru, www.alpari-forex.com, www.alpari-forex.mx etc.) with the Partner’s link - www.alpari.ru?partner_id=xxx. Use of redirecting and any other forced redirecting of users to the official Company’s web-sites is strongly prohibited.
    • 3.7. The Web-Representative is prohibited from money relations with customers (including accepting money, payment and bank cards, etc.) since the Company is fully responsible for this part of work.
    • 3.8. The Web-Representative agrees to keep confidential Company’s activity and/or the information that the Web-Representative becomes aware of in accordance with the requirements of these Regulations.
    • 3.9. The Web-Representative agrees to inform the Company about all the facts and circumstances, it becomes aware of, that may result in undesired consequences (risks) for the Company.
    • 3.10. Should customers assert claims to the Company connected with activity of the Web-Representative, the Web-Representative agrees to settle all the claims of such customers on its own.
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    Obligations of the Company.

    • 4.1. The Company agrees to provide the Web-Representative with necessary assistance in executing the mission stipulated hereby.
    • 4.2. The Company agrees to pay bonuses to the Web-Representative in the amount and under conditions stipulated hereby.
    • 4.3. The Company is responsible for dealing operations and settlement. The Company does not provide reports on the customers attracted by the Web-Representative.
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    Limitation of Web-Representative’s Authority.

    • 5.1. The Web-Representative does not have a right to do the following without prior written consent from the Company:
      • 5.1.1. assume responsibility on behalf of the Company or put the Company under any obligations;
      • 5.1.2. publish or assist in any advertising publications related to the Company in mass media; also publish and distribute any articles and letters related to the Company or assist in writing of such articles and letters in any newspapers, magazines and other periodicals, Internet blogs and forums. Subject to these Regulations the Internet web-sites of the Web-Representative are the exception.
      • 5.1.3. give any guarantees and/or promises, make any claims in relation to any payments under any contracts and/or agreements concluded by the Company.
    • 5.2. The Web-Representative, entering into relations with customers, agrees to inform the interested persons and customers about its Web-Representative status and powers. Since the Web-Representative is an intermediary, it is the Company who caries out all actual actions necessary for conclusion and execution of Customer agreements with the customers, also it enters into actual interaction with them, prepares and signs all the required documents.
    • 5.3. The Web-Representative does not have a right, in its own name and/or on behalf of the interested person, to register a new user in the system of the Company and /or accept Customer agreements on behalf of customers, use personal logins, passwords and possibilities of personal areas of the Company’s customers. The Web-Representative agrees to inform the Customer that the customer does not have a right to provide the third parties with the registration data (login and password) required for authorization on www.alpari.ru and agrees to keep them secure and confidential. Within the terms of the Customer Agreement all actions related to the execution of the Customer Agreement and/or to usage of login and password of the customer are considered to be executed personally by the customer. The Company does not bear responsibility for unauthorized use of the registration data of the customer by the third persons.
    • 5.4. Under no circumstances the Web-Representative has a right to:
      • 5.4.1. Change the banner code available to copy and place on the web-site from the Personal Area of the Web-Representative. If any changes in the banner code are discovered the Company reserves the right to terminate the Customers Agreement and cancel all the unpaid bonuses unilaterally.
      • 5.4.2. accept from customers and/or give out to customers money. All settlement payments with customers are made by the Company.
      • 5.4.3. Act as a Web-Representative on behalf of any third parties.
    • 5.5. Limitations stipulated by clauses 5.1.-5.4. hereof are in force within the effective period of the Regulations and within 5 years after its termination or cancellation.
    • 5.6. Should as a result of the Web-Representative’s failure to comply with conditions of the Regulations (including unauthorized actions or claims of the Web-Representative) there will be filed lawsuits against the Company, all the losses suffered by the Company are to be compensated by the Web-Representative in the full scale. Losses are understood as expenses that the Company incurred or will incur restoring its rights and interests (real losses) as well as non-derived income that the Company would have gained in usual business intercourse should its rights and interests were not infringed (lost profit) when valuable interests or business reputation of the Company were violated as a result of failure to execute or improper execution of obligations by the Web-Representative under these Regulations. The Web-Representative does not have a right to dispute the amount of loss claimed by the Company for compensation.
    • 5.7. Should the Web-Representative break conditions of these Regulations, the Company reserves the right to block the trading account of the Web-Representative until all losses, suffered as a result of breach of the conditions hereof, are compensated. The Company has a right to cover losses inflicted by the Web-Representative by the money payable to the Web-Representative under these Regulations and also under the Customer Agreement and its integral appendices.
    • 5.8. The Web-Representative, his relatives or affiliates can not act as the IB's customers. In case any data of the Web-Representative and his Customer coincide (such as passport data, address, telephone, e-mail, ip-addresses, etc.), this Customer’s login will be excluded from the Web-Representative’s customer list, and no bonuses will be paid for it. The accounts, traded from one ip-address, are considered as one active account. Should the ip-address of a Customer coincide with the ip-address of the Web-Representative such accounts are considered as affiliated and no bonuses are payable for them.
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    Bonuses of the Web-Representative.

    • 6.1. Each month the Company pays out bonuses for every single account of thе Customer attracted by the Web-Representative, in the amount stipulated by clause 6.3. hereof.
    • 6.2. Bonuses of the Web-Representative are calculated for every single account of the customer attracted by the Web-Representative and are credited to the trading account of the Web-Representative (hereinafter – the Account) in one of the following ways:
      • 6.2.1. from alpari.classic accounts - on a real-time basis: bonuses are credited to the Web-Representative after each complete transaction made by the customers attracted by the Web-Representative, taking into account the requirements of clause 6.7. hereof;
      • 6.2.2. from alpari.micro accounts - on a daily basis: in this case all complete transactions made by the attracted customers during the settling-day are considered, taking into account the requirements of clause 6.7. hereof;
      • 6.2.3. from PAMM-accounts – in accordance with clause 17 of PAMM-account Regulations;
    • 6.3. Bonus of the Web-Representative equals 15% of the spread for each complete transaction (position that was opened and then closed) made by the attracted customer.
    • 6.4. Settlement period is understood as a calendar month. The Web-Representative has a right to submit a request for withdrawal of the bonus money from its Account anytime within the month following the settlement month. The request is submitted only via the Personal area on the Company’s website. The request is to be processed by the Company within 2 (two) business days from the date it is received, provided the amount of the bonus added for the settlement period and payable to the Web-Representative is not less than 100 USD.

      Should the sum of the bonus payable to the Web-Representative for the settlement period be less than 100 USD, the bonus is not paid.

      The bonus added at the end of the following settlement period is increased for the sums of the bonuses not paid out on the grounds stipulated by this clause of the Regulations.

    • 6.5. The Company starts adding and paying bonuses to the Web-Representative under the condition stipulated by clause 6.1. hereof, i.e. the Web-Representative has 3 active accounts opened by the attracted customers. Active account is understood as an account that has at least one transaction per month.
    • 6.6. Should by the end of the year, from the date of the Regulations acceptance, the Web-Representative have less than 10 active accounts and the amount of all deposits of the customers attracted by the IB be less than 50 000 USD, the Web-Representative loses a right for bonuses until the figures, stipulated by this clause, are achieved.
    • 6.7. The Company does not pay any bonuses for the following positions:
      • 6.7.1. position is closed in less than five minutes after it is opened;
      • 6.7.2. position is closed with profit or loss less than 2 spreads.
    • 6.8. The Company has a right to introduce at its sole discretion amendments to the conditions of bonus adding and payment keeping with clause 10.4. of the Regulations.
    • 6.9. Bonuses indicated in clause 6.1. hereof are the only payment to the Web-Representative and the Web-Representative may not claim for another remuneration.
    • 6.10. The Web-Representative accrues the right to withdraw the bonus sum from the Account only provided the Account is activated by the personnel of Branches Department of the Company.
    • 6.11. If any Web-Representative’s unfair practice of Customer’s acquisition described in p.3.6. is discovered the Company reserves the right to terminate the Customer’s Agreement and cancel all the unpaid bonuses unilaterally.
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    Web-Representative Registration Procedure.

    • 7.1. To activate an account the Web-Representative is to:
      • 7.1.1. fill in the on-line application form (Web-Representative Application Form) on the Company’s website.
      • 7.1.2. Receive login (Web-Representative’s ID);
      • 7.1.3. Accept the terms of the Regulations during the opening agent account procedure and receive a notification about the agent account opening to the Web-Representative’s e-mail, indicated in the Application form.
      • 7.1.4. send a copy of the Web-Representative’s passport to the Branches Department e-mail.
    • 7.2. Once the agent account is registered the Web-Representative may choose one of the banners in the Personal Area, copy its code and place it on his web-site and/or place the referral link.
    • 7.3. After the documents, indicated in clause 7.1.3. of the Regulations, are received by the personnel of Branches Department of the Company, the Web-Representative’s account is activated. A massage informing that the account is activated is sent by the personnel of Branches department of the Company to the Web-Representative l address indicated in the Web-Representative’s Application form.
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    Guaranty commitments.

    • 8.1. The Web-Representative guarantees:
      • 8.1.1. that it has the required capacity and authority to accept these Regulations;
      • 8.1.2. to attract new customers.
    • 8.2. The Web-Representative guarantees fulfillment of its obligations.
    • 8.3. The Web-Representative agrees to compensate losses and prevent indebtedness to the Company and its personnel without any claims, demands, suits, expenses, losses, charges (including litigation expenses) and fines that may arise as a result of the Web-Representative’s guarantee commitments breach.
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    Contract Term.

    • 9.1. These Regulations come into force for the Customers of the Company from the date of its acceptance by the Web-Representative and terminate from the moment the Customer agreement ceases to be effective.
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    Force-majeure.

    • 10.1. None of the Parties hereof is liable for complete or partial failure to fulfill its obligations should the failure result from force-majeure circumstances (floods, fire, earthquake and other acts of God, as well as war or different military operations, blockade, government regulation and other unavoidable cases of emergency independent from the Parties).
    • 10.2. The Party, that fails to fulfill its obligations, agrees to inform immediately, not later than 5 bank days from the moment such circumstances occurred and ended, the other Party in a written form about the onset, expected duration and cessation of the foregoing circumstances.
    • 10.3. Facts, stated in the notification, are to be proved by a competent body or organization of the relevant country. Failure to notify or untimely notification deprives the Party from its right to refer to any of the foregoing circumstances as a ground releasing from liability for failure to fulfill its obligations.
    • 10.4. Should impossibility of complete or partial fulfillment of obligations last for more than 3 months, the Agreement is automatically cancelled.
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    Miscellaneous.

    • 11.1. Should there arise a disputable situation with customers attracted by the Web-Representative, decision of the Company is considered to be conclusive.
    • 11.2. Should one of the Parties not raise a demand for obligations fulfillment, the other Party hereof is not discharged from fulfillment of its obligations under this Agreement, as well as it does not mean refusal from obligations.
    • 11.3. In case of discrepancy, the English version of these Regulations is considered to have priority above the texts of these Regulations in other languages.
    • 11.4. The Web-Representative acknowledges that the Company has a right to amend separate
    • clauses of these Regulations any time having previously notified the Web-Representative in a written form 7 (seven) calendar days in advance before such amendments are introduced. Any such amendment comes into force on a date stated in the written notification.
    • 11.5. Written notification under this agreement is understood as one of the following means of communication:
      • 11.5.1. e-mail;
      • 11.5.2. post;
      • 11.5.3. announcement in the “Company news” column on the Company’s website.
    • 11.6. The Company will use the Web-Representative’s contact information, e.g. address, e-mail etc., indicated in the Web-Representative’s Application form or the latest updated contact information of the Web-Representative after its relevant written notification.
    • 11.7. Any correspondence (documents, announcements, notifications, confirmations, reports etc.) is considered to be received by the Web-Representative:
      • 11.7.1. in one hour after it has been sent to the e-mail address indicated in the Application form of the Web-Representative;
      • 11.7.2. in seven calendar days from the moment the posting is sent;
      • 11.7.3. in one hour after the announcement is posted in the “Company news” column on the Company’s website.
    • 11.8. The Web-Representative agrees to inform the Company immediately about changes in its contact information indicated in its Web-Representative Application form. Notification may be sent by post, e-mail, facsimile or other communication facility that allows to:
      • 11.8.1. inform the Company immediately;
      • 11.8.2. identify with certainty that the notification comes from the Web-Representative;
    • Accepting these Regulations the Web-Representative confirms that:
      • It read and understood the terms and conditions of the Regulations;
      • all the terms and conditions of the Regulations are understood and accepted in the full scale;
      • there are no circumstances that may prohibit from the Regulations acceptance.

Alpari NZ Limited
April, 2009