THE PARTNER SHALL OBTAIN AN ADDITIONAL OPPORTUNITY TO JOIN THE AFFILIATE PROGRAM, IN ACCORDANCE WITH THE PROVISIONS HEREIN. IN VIEW OF JOINING THE AFFILIATE PROGRAM, THE PARTNER OBTAINS THE OPPORTUNITY TO EARN REFERRAL COMMISSIONS FOR THE REFERRAL RESULTING IN THE PURCHASE OF CERTAIN PRODUCT AND/OR SERVICES ON THE PLATFORM, IN ACCORDANCE WITH THE PROVISIONS OF THESE TERMS AND CONDITIONS.

ALL PROVISIONS INDICATED IN THE TERMS AND CONDITIONS TOGETHER WITH THE TERMS OF USE OF THE PLATFORM (AVAILABLE AT: HTTPS://BITCAP.STORE/TERMS-AND-CONDITIONS) ARE ALSO APPLICABLE HEREIN AND SHALL BE REGARDED AS MUTUALLY COMPLEMENTARY. ALL TERMS INCLUDED HEREIN SHALL BE INTERPRETED IN ACCORDANCE WITH THE TERMS AND CONDTIONS, UNLESS THEIR DIFFERENT MEANING HAS BEEN CLEARLY INDICATED HEREIN.

I. GENERAL PROVISIONS

1. The Partner joining this affiliate program as defined in these Terms and Conditions confirms that he/she has carefully familiarized itself with the provisions hereof, accepts its provisions and agrees to strictly comply with it.
2. Under the terms specified herein, the Partner agrees to promote the BITCAP brand for its own behalf, with regard to the referral of Services and Products available on the Platform. For successfully acquiring customers interested in BITCAP Services and Products, the Partner will be entitled to receive a commission.
3. Successful customer acquisition by the Partner is deemed to be the moment when a potential customer invited by the Partner (e.g. via a specially generated URL link) makes a purchase of a Product or Services available on the Platform, and thus the customer effectively transfers funds to BITCAP as part of the purchase made and the customer does not exercise any potential right of withdrawal.
4. The Partner undertakes not to use offensive words, swearing or discrimination based on race and ethnicity in the promotion. The Partner is also obliged to inform each new customer about the terms and conditions of using the Products and Services offered through the Platform, and the risk of losing all their capital in view of currency volatility on the cryptocurrency market. In addition, activities performed by the Partner shall not be in violation hereof, the Terms and Conditions of the Platform, generally applicable law or rules of social coexistence.
5. In view of joining the affiliate program, the Partner may be obliged to provide additional data (including in particular but not limited to e-mail address, personal data, contact number, cryptocurrency wallet). BITCAP may also obligate the Partner to provide additional information or documents in order for BITCAP to fulfil its obligations in terms of international regulations. The Partner shall each time be obliged to provide such documents and information under pain of termination of the Agreement.
6. The Partner is obliged to provide BITCAP with a cryptocurrency wallet address conforming to the standard specified by BITCAP within 14 days of the conclusion of this Agreement. The Partner’s failure to provide a cryptocurrency wallet address shall not result in a claim against BITCAP for the payment of commissions.

II. DEFINITIONS

1. BITCAP – service provider of the https://bitcap.store Platform as the CODEPULSE FZ-LLC operating under License Number: 47011071 & 45002974 (BLOCKCHAIN CONSULTANCY & E-COMMERCE) based in the RAKEZ Free Zone, Ras Al Khaimah, United Arab Emirates.
2. Partner – A sole proprietorship, a legal entity, an organizational unit without legal personality to whom the law assigns legal capacity, who manages business or acts professionally, which is competent to participate in the affiliate program specified herein.
3. Agreement – shall mean these Terms and Conditions.
4. Platform – an Internet website under the domain https://bitcap.store.
5. Product – a form of a digital product made available at the request of the User, carried out periodically in accordance with the Terms and Conditions of the Platform. Payments for the Product are incurred by the User and may be automatically renewed until the User resigns.
6. Service / Services – use of applications and Products provided by BITCAP or Providers (including within the Platform) and related services.

III. COMMISSION REWARD

1. For the successful acquisition of a customer by the Partner, the Partner is entitled to an estimated commission reward in two forms: (i) first line – a specified percentage (%) of the direct value of the relevant Product or Service purchased by the customer on the Platform; (ii) second line – a specified percentage (%) of the indirect value of the relevant Product or Service purchased by the customer on the Platform. Details of the terms and conditions and the specific percentages for each line shall be provided by BITCAP in any form to the Partner. The documents additionally provided by BITCAP are in addition to these Terms and Conditions.
2. The value of the commission reward, depends on the number of customers acquired by the Partner, in connection with their purchase of Products or Services on the Platform. The Partner must remain active on the Platform, as well as within the scope of the cooperation defined herein. BITCAP has the right, at its own discretion, to make adjustments to the commission paid. At the same time, BITCAP has the right, at its own discretion, to make adjustments to the commission paid, in view of the overpayment or underpayment in a given settlement period. The final settlement will take place at least once every 12 months.
3. In addition to commission reward, BITCAP may provide the Partner with additional remuneration in connection with the activities performed by the Partner for BITCAP during a certain period of time. Information about such additional remuneration will be made available each time by BITCAP on the Platform or in another place visible to the Partner.
4. The commission will be paid to the Partner once a week (every 7 calendar days) within 7 days after the end of each week. In special cases, BITCAP may extend this period. The Partner shall not obtain any claims against BITCAP due to this situation.
5. The payment of commissions to the Partner will be made in cryptocurrency or any other form specified by BITCAP. Generally, the commission payment will be made in USDT (TRC-20 standard) to the Partner’s specified cryptocurrency wallet. The Partner is solely responsible to indicate the correct wallet address in accordance with the above standard. BITCAP is not responsible for the commission transferred to the Partner and lost by the Partner due to an incorrectly indicated wallet address.
6. In the case of recurring Products, commission is paid to the Partner only when that customer has an active subscription at that time.
7. BITCAP, in connection with the payment of commissions and in the event of the establishment of a permanent economic relationship, in order to fulfil its obligations, shall have the right to identify and verify the Partner in accordance with international anti-money laundering and anti-terrorist financing regulations. In such a situation, BITCAP, may request additional documents and information from the Partner, and the Partner is obliged to provide them each time, under pain of withholding the payment of commissions.
8. The Partner is obliged to determine how and according to which law the commission received by it will be taxed, and is obliged to pay it to the relevant tax authorities. BITCAP is not responsible for incorrect tax settlement of the Partner.

IV. COOPERATION DETAILS AND TERMINATION OF THE AGREEMENT

1. The Partner declares that it has been informed of the risks in BITCAP’s activities, including Products and Services, related to the cryptocurrency market, which are characterised by high volatility and fluctuations, and declares that any promotions made in accordance with the provisions hereof are made at its own risk and responsibility.
2. The Partner shall keep strictly confidential all economic, technical, commercial, organisational and technological information (e.g. methods of operation, content of contracts, content of orders, customers, collaborators, know-how, intellectual and industrial property), not voluntarily disclosed by BITCAP to the public, of which it has become aware in connection with this Agreement.
3. The Partner may use graphic elements and marketing materials made available through the Platform or provided directly by BITCAP under a non-exclusive licence granted. The Partner may also prepare its own case studies and graphic materials, provided that they must be consistent with the materials made available on the Platform or the materials provided by BITCAP.
4. The Partner is obliged to use wording that does not mislead potential customers. In particular, the Partner is obliged to exercise due diligence, observe the rules of social coexistence and use only truthful information in connection with the BITCAP activities or the Products or Services made available on the Platform.
5. If the Partner fails to comply with the provisions hereof, BITCAP has the right to charge a contractual penalty in the amount of the commissions for the given settlement period.
6. The Agreement is concluded for an indefinite period of time. Either Party has the right to terminate this Agreement at any time.
7. The Partner may terminate the Agreement at any time, either by closing the Account on the Platform or by sending an e-mail to BITCAP. BITCAP may store the data necessary to identify the Partner in case of claims or enquiries by authorised authorities.
8. BITCAP may terminate the Agreement at any time, with immediate effect for a valid reason, in particular in the event of the Partner’s violation of important provisions hereof, which is considered to be in particular, but not exclusively, the dissemination by the Partner of information negatively affecting BITCAP’s activities.

V. NOTIFICATIONS AND COMPLAINTS

1. All notifications to BITCAP, should be directed to the e-mail address: affiliation@bitcap.store
2. Content of the Notification. The notification shall include: Partner’s contact details, reasons for notification and detailed description.
3. Response to the Notification. Within 14 days from the date of receiving a notification, BITCAP considers the notification and informs the Partner about the result of its consideration. This period may be extended if the consideration of the complaint requires special information or BITCAP encounters other difficulties beyond its control or if it is necessary to obtain additional information from the Partner. The reply to the complaint shall be sent by BITCAP to the e-mail address from which it was received. Sending a complaint by the Partner in an electronic form is understood as a consent to receive a response from BITCAP also in electronic form.
4. Reservations. BITCAP reserves the right not to respond to a complaint that is clearly unfounded, in particular to the extent that the complaint has already been examined in relation to a given Partner.

VI. LIABILITY OF THE LIABILITY

1. Exemption of Liability. The Partner joins the affiliate program at its own risk. As far as it is permitted by law, BITCAP is not liable to the Partner for any damages, including loss of revenues, lost profits, data, business interruption or other unless these damages arise from BITCAP’s gross negligence or willful misconduct or from death or personal injury arising from BITCAP’s any negligence or fraud. The Partner undertakes to indemnify, defend and hold BITCAP (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of the User’s use of the Product/Service.
2. Force Majeure. BITCAP shall not be liable and shall be excluded from performing if such performance hereunder is interfered with by any condition beyond BITCAP’s reasonable control, including labor disputes, or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts of orders of government, acts of terrorism or war.

VII. FINAL PROVISIONS

1. All disputes that may arise in connection herewith shall be settled amicably in the first place, by mutual arrangements between the Partner and BITCAP. The Partner acknowledges and accepts that the amicable resolution of a dispute procedure is a condition precedent that shall be met prior to commencing any legal proceedings. In such a situation, the Partner is obliged to contact BITCAP via e-mail address pursuant to provisions hereof. If the above requirements are met, as well as in the absence of an amicable solution to the dispute, the provisions hereof shall be settled by the court competent for the current place of the registered office of the BITCAP. At the same time, the Partner acknowledges and accepts that disputes arising therefrom may only be considered on the basis of an individual case of the Partner. In no way the BITCAP is obliged to settle disputes as collective cases or collective actions.
2. Relevant Jurisdiction. The provisions hereof and all disputes between BITCAP and the Partner are subject to law applicable in the place of the BITCAP’s main office at a given moment. Any claim arising out of it shall be resolved exclusively by the competent court having jurisdiction in the United Arab Emirates, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.
3. Right to transfer. The Partner acknowledges and accepts that BITCAP may transfer the rights and obligations resulting from the implementation of the provisions hereof to another entity, person or third parties, including transferring the rights and obligations to another, newly established company as a result of the transformation, but this does not relieve it of its obligation to pay commissions.
4. Additional Policies. BITCAP may publish additional policies related to these Terms and Conditions. The Partner must agree and comply with these policies.
5. Nullity. No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire document is null and void. Such provisions shall be amended to the ones that best reflect their meaning and purpose.
6. Right to change. BITCAP reserves the right to make changes to this Agreement, if necessary, in particular for legal reasons or in connection with changes in the services provided. In the event of such a circumstance, the Partner shall be informed and BITCAP shall publish the current wording of the Agreement with the date of amendments on the Platform.