By Signing up, you are agreeing to the Leeloo Affiliate Program terms and conditions.
The Leeloo Affiliate Program Terms and Conditions
By filling out the information and application to the Leeloo Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety, and agree to be bound by all of its terms and conditions. If you do not wish to be bound, do not submit an application to the Affiliate Program. If you are accessing this Agreement on behalf of a business, by doing so, the individual shows that he or she has the legal capacity and authority to bind said business to this Agreement.
The Leeloo Affiliate Program Agreement (known here as ‘the Agreement’) is made and entered into by and between Leeloo Trading (‘we’) and the Affiliate (‘you’ or ‘your’).
‘Account’: The Affiliate’s account within the affiliate network software utilized by Leeloo.
‘Affiliate’: The business entity or individual applying to, or participating in, the Leeloo Affiliate Program, using an affiliate tracking link in exchange for receiving a commission and/or coupon from Leeloo.
‘Affiliate Program’: Refers to Leeloo’s Affiliate Program.
‘Client’: Each new and unique user referred to Leeloo from the Affiliate, through a link that provides valid account and billing information.
‘Commission’: The amount you will be paid each time a Client referred to Leeloo by you performs a Qualified Action. As an Affiliate, you will be compensated by receiving a percentage of your Clients’ Trading Combine fees, in amounts determined by Leeloo from time to time. Or, if you would prefer to be compensated with a coupon, you may opt to receive a discount code for your friends AND receive 10% for six months of the lifespan of the trader.
‘Confidential Information’: Means all information, including and without limitation: the terms of this Agreement, Client and vendor lists, commissions, business and financial information, pricing and sales information, any information concerning Leeloo or our Affiliates (provided by, or on behalf of, any of our Affiliates), or any other information designated by Leeloo as ‘Confidential’.
‘Leeloo’: Means Leeloo Trading LLC, a Montana limited liability company, together with any of its affiliated companies.
‘Links’: Denotes graphic and textual links to the Leeloo Affiliate Program web page or any other creative materials of Leeloo.
‘Media’: Websites owned or controlled by you, emails sent by you and clearly identified as coming from you, online advertisements.
‘Objectionable Content’: Any material that Leeloo deems objectionable – harmful, threatening, defamatory, harassing, promotes violence, promotes discrimination (whether based on ethnicity, nationality, religion, gender, sex, race, disability, age, sexual preference), sexually explicit, promotes illegal activities, contains profanity or otherwise.
‘Promotions/Offer’: Each Affiliate Program offer of a product or web page to which Leeloo’s Affiliates drive traffic, may be for any offering by Leeloo or a Client and may link to a specific website for that particular Offer. Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program, and are incorporated as part of this Agreement.
‘Personal Data’: Any information relating to an identified or identifiable human.
‘Program Website’: Refers to Leeloo’s website, www.leelootrading.com
‘Qualified Action’: An individual person who accesses the Leeloo Affiliate Program website directly via a link (and not through any one or more intermediary pages) that is: (i) not using pre-populated fields (ii) not a computer-generated user (such as a robot, spider, computer script or other automated, artificial or fraudulent method designed to appear like an individual human, (iii) is not later determined by Leeloo to be fraudulent, incomplete, unqualified, or a duplicate and (iv) completes all of the information required for such action within the time period permitted by Leeloo.
‘Terms of Service’: Leeloo’s Terms of Service can be found here and may be amended at Leeloo’s discretion.
1. Enrollment in Leeloo’s Affiliate Program
The Leeloo Affiliate Program application form must be completed and can be found here.
You must provide us with your true identity (no aliases or other means to mask your true identity or contact information) and future updates.
After review, we will notify you of your acceptance or rejection to the Leeloo Affiliate Program. Please note that Leeloo is entitled to accept or reject your application with or without reason.
2. Obligations of the Parties
Subject to your acceptance into the Program, and your compliance with the terms and conditions of this Agreement, Leeloo agrees as follows:
i. To make Links and other relevant materials available to you via the Affiliate Program, that you may display on your ‘Media’ (see ‘Definitions’). The Links will identify you as a member of the Leeloo Affiliate Program and will establish a link from your Media to the Program Website.
ii. To pay you any Commissions earned on a monthly basis, provided that your Account is greater than $100. Accounts with a balance of less than $100 will roll over to the next month and will continue to roll over monthly until $100 is reached. We reserve the right to charge back to your account any previously paid Commissions that are later determined to have not met the requirements to be a Qualified Action.
iii. To generate an invoice on behalf of Affiliate for all Commissions payable under this Agreement and shall remit payment to Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Leeloo in its sole discretion.
iv. To pay Affiliate Commissions via PayPal.
v. If a refund has been issued to a Client, we do not pay Commission for the Client. Commissions are determined each month by calculating the total Qualified Actions minus any refunds. Leeloo reserves the right to offset refunds for disqualified Commissions against future Commissions.
vii: Leeloo will generate the payout report on or about the 28th of every month. Commissions will be paid within 10 days of the report being generated.
B. The Affiliate
Subject to your acceptance into the Program, and your compliance with the terms and conditions of this Agreement, you agree as follows:
i. To take sole responsibility for all Leeloo content on, or linked to, your Media.
ii. To ensure that all materials posted on your Media or otherwise, that are linked to Leeloo are not illegal, do not infringe upon the intellectual property or personal rights of any third party and lastly do not contain or link to any Objectionable Content (see ‘Definitions).
iii. To not make any unauthorized statements, warranties or representations concerning Leeloo, the Client, or any of their respective products or services.
iv. To comply with the terms, conditions, guidelines and policies of any third-party services used by Affiliate in connection with the Affiliate Program including, but not limited to, email providers, social networking services and ad networks.
v. To comply with all restrictions, requirements and obligations under this Agreement, and the laws, rules and regulations related to business, your Media, or your use of the Links.
vi. To ensure that your Media does not copy or resemble the look and feel of the Leeloo website. Your Media may not (unless prior written permission obtained) create the impression that it is endorsed by Leeloo or Clients, or that your Media is a part of the Leeloo Affiliate Program website.
viii. To disclose all data collection, use and sharing practices, including Personal Data being used in connection with the Leeloo Affiliate Program and Clients.
ix. To follow the laws of any relevant countries with and from which you conduct business or take orders.
x. To prominently post and make accessible, any terms and conditions in connection with Leeloo or the Client’s Offer, or as required by applicable laws regarding such Offers.
xi. To not place Leeloo ads on any online auction platform (e.g. Amazon etc).
xii. Clients must provide funds to Leeloo prior to receiving Commission payments. You hereby agree to release Leeloo from any claim for Commissions if Leeloo has not received such funds from the Clients.
xiii. To make in detail a written complaint should the Affiliate, in good faith, dispute any or all of an invoice. Complaints must be made within 10 days of the invoice date.
xiv: To agree that no claims/complaints about an invoice can be made unless the appropriate action set out in xiii has been followed.
xv. To agree that Leeloo may offset any outstanding balances due to Leeloo from amounts payable to Affiliate under this Agreement, whether or not related to the Affiliate Program.
xvi. To be responsible for all taxes and other similar levies as required by any law or regulation.
xvii. To understand that payment tracking can be affected by events beyond Leeloo’s control.
xviii: Should the Affiliate be tracking Qualified Actions and claim a discrepancy, the Affiliate must provide Leeloo with findings within three days after the last day of the calendar month. A good faith reconciliation will be made by Leeloo and Affiliate, if Leeloo’s and Affiliate’s reported statistics vary by more than 10%, and Leeloo reasonably determines that Affiliate has used generally accepted industry methods to track Qualified Actions. If the parties are unable to arrive at a reconciliation, then Leeloo’s numbers shall govern.
C. The following additional program-specific terms shall apply to any promotional programs set forth below:
i. Opt-outs: Any opt-out requests received by the Affiliate must be immediately forwarded to Leeloo at [email protected]
ii. Email campaigns: Emails sent by the Affiliate must not imply that the message is being sent on behalf of Leeloo.
iii. Advertising campaigns: Links that appear to be associated with Leeloo must not be used on bulletin boards or chat rooms, unless authorized by Leeloo with prior written approval. The function of any client-side ad serving software used by Affiliate must be clearly disclosed to end users prior to installation, in plain-English. The software must be easily removed when required, according to generally accepted methods.
iv. Affiliate Network Campaigns: Affiliates with their own affiliate Network(s) agree to place the Links in said Network for access and use by other Third Party Affiliates. Affiliate guarantees that Leeloo has been provided with all truthful and complete contact information for each Third-Party Affiliate, and that each Third-Party Affiliate has affirmatively accepted this Agreement. Affiliate agrees to expressly forbid any Third-Party Affiliate to modify the Links in any way. Affiliate agrees to maintain Network according to the highest industry standards and shall not permit any party to be a Third-Party Affiliate whose website or business model involves any Objectionable Content. All Third-Party Affiliates must be in good standing with Affiliate, and the Affiliate must require and confirm that all Third-Party Affiliates verify that they accept this Agreement, through verifiable means, prior to gaining access to the Links. Any Third-Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement will be terminated. This includes Leeloo or the Affiliate suspecting any wrongdoing by a Third-Party Affiliate with respect to the Links. The Affiliate must promptly disclose to Leeloo the identity and contact information of such Third-Party Affiliate. Affiliate shall promptly remove any Third-Party Affiliate from the Affiliate Program and terminate its access to future Offers of Leeloo in the Network. Affiliate shall remain liable for all acts or omissions of any Third-Party Affiliate.
3. Limited License and Intellectual Property
Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Leeloo’s copyrights, service marks, trademarks, patents, or trade secrets. You may not alter, modify, manipulate, or create derivative works of the Links or any Leeloo creative, copy, graphics or other materials owned by, or licensed to, Leeloo in any way. We may revoke your sublicense at any time via written notice. You are only entitled to use the Links to the extent that you are a participant in good standing of the Affiliate Program. You agree that Leeloo may use any Affiliate suggestion, comment or recommendation without payment or compensation by Leeloo. All rights not expressly granted in this Agreement are reserved by Leeloo.
Leeloo grants Affiliates a non-exclusive, non-transferable, revocable sublicense to use the Links and to access our website through the Links in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Website. All proprietary information, trademarks, trade secrets, copyrights and all other similar rights in, and arising out of, our services are, and shall continue to be, exclusive property of Leeloo.
Your confidentiality obligations survive the termination of this Agreement.
Except as otherwise provided in this Agreement or with the consent of Leeloo, you agree that you will: (A) protect the confidentiality of the Confidential Information, (B) not use any Confidential Information for any purpose outside the scope of this Agreement, (C) not disclose Confidential Information to any third party. Affiliate may disclose Confidential Information if required to do so under any federal, state, or local law, stature, rule or regulation, subpoena or legal process, provided that Affiliate provides Leeloo with 10 days’ notice prior to disclosing any Confidential Information and fully cooperates with Leeloo in seeking to overturn or limit such disclosure requirement.
Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Leeloo Affiliate Program, or assist another party to do the same.
This Agreement shall commence on the date your Affiliate Program application is approved by Leeloo and shall apply for as long as you participate in the Affiliate Program, until terminated. You may terminate your participation in the Affiliate Program at any time and must remove all Links from your Media, deleting all copies.
We reserve the right to revise or terminate the Affiliate Program at any time, by providing a revised Agreement, a change notice, or revised Program documentation.
We may terminate your participation in one or more Offers or pursuant to this Agreement at any time and for any reason, by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers, or pursuant to this Agreement, you will immediately cease use of and delete all Links, materials and resources provided to you during your participation in the Program. Additionally, you agree to discontinue use of all Leeloo or Client intellectual property.
All rights to validly accrued payments, causes of action and any provisions will survive any termination.
Either party may terminate this Agreement at any time, with or without cause and upon termination by either party, you will cease to represent yourself as a Leeloo Affiliate.
6. Independent Contractor
Under this Agreement, the Affiliate is an independent contractor, not an employee or agent of Leeloo. Nothing in this Agreement shall create a franchise, association, joint venture, partnership, or employment relationship between the parties. Affiliate shall not sign any document in or on behalf of Leeloo’s name, nor shall Affiliate be seen as having authority to contract for or bind Leeloo to any contract.
In addition to any other rights and remedies available to us under this Agreement, Leeloo reserves the right to delete any actions submitted through your Links, and withhold and freeze any unpaid Commissions or chargeback paid Commissions to your account if: (i) Leeloo receives any complaints about your participation that Leeloo reasonably believes violates the terms of this Agreement, (ii) any Qualified Action is later determined to have not met the requirements of this Agreement or the Affiliate Program. Such withholding or freezing of Commissions, or chargebacks for paid Commissions, shall be without regard to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Leeloo reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or to any third party that has been directly damaged by your actions. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
8. Anti-Spam Policy
You must strictly comply with the Federal CAN-SPAM Act of 2003 (the ‘Act’) and it is solely your obligation to ensure that the email complies with the Act. All emails sent in connection with the Affiliate Program must include the appropriate opt-out link. Leeloo has the right to request submission of the final email containing links or references to the Affiliate Program for approval by Leeloo. Only when you receive written approval from Leeloo, may you send the approved email to third parties. You agree not to rely upon Leeloo’s approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon Leeloo’s approval.
9. Federal Trade Commission Compliance
Leeloo requires that you follow all Federal Trade Commission guidelines when endorsing our company and product. This means conspicuous disclosure on your website of any compensatory relationship.
You are expressly prohibited from committing any fraudulent acts including, but not limited to: (i) using automated means to increase click-through rates via the Links or completion of any required information, (ii) using stealware and/or spyware, cookie-stuffing, click-fraud and other such deceptive acts. Affiliate is expressly prohibited to use any means, arrangements, persons or devices to commit fraud, violate any applicable law, interfere with other Affiliates or provide false information in connection with Clients through the Links or the generation of Commissions, or exceed your permitted access to the Affiliate Program.
Affiliate shall not make any false, disparaging or derogatory statements in public or private to any person or media outlet regarding Leeloo or any of its directors, officers, related business entities, employees, agents, or representatives of the Company’s business affairs or financial condition. Affiliate understands and agrees that, as a condition of the monetary consideration tied to this Agreement, it will apply during the term of the Agreement and for two years post-termination. This does not prohibit you from communicating or testifying truthfully (A) to the extent required or protected by law, (B) to any federal, state, or local governmental agency, or (C) in response to a subpoena to testify.
12. Representations and Warranties
You hereby represent and warrant that: (A) this Agreement constitutes your legal, valid and binding obligation, is enforceable against you in accordance with its terms and conditions, (B) you have the authority to enter into this Agreement and (C) your participation in the Affiliate Program will not conflict with any of your existing agreements or arrangements.
You agree not to solicit for employment any of Leeloo’s employees or contractors, directly or indirectly, while this Agreement is active and for 12 months following the termination of the Agreement. It is to be agreed by both Leeloo and the Affiliate that this is not intended to limit the mobility of either our employees or contractors.
Modifications may include, but are not limited to: payment procedures, Affiliate Program rules, and changes in the Commissions and Commission amounts or percentages. Leeloo may modify any of the terms and conditions in this Agreement at any time, provided that the change applies only to events occurring after the date on which such modifications become effective. You will be notified of any modifications by email and the modifications will become effective one day after the notice was issued.
Your continued participation in the Affiliate Program following notification of the modification will constitute binding acceptance of the change. If you do not accept the modifications, your only option is to terminate this Agreement within five business days after receiving the notification email.
Leeloo may remove or modify any content related to a Link and may discontinue, change or suspend any aspect of an Offer or Link. If required by Leeloo, the Affiliate agrees to remove or modify any Link, content, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.
Based on (A), (B), (C) and (D) below, Affiliate hereby agrees to, at your expense, indemnify, defend and hold harmless, Leeloo and Clients, and their respective directors, employees, officers, agents, owners, affiliates, partners, subsidiaries and licensors, against any and all liabilities, claims, losses, damages, demands, judgments, actions, settlements, costs and expenses (including reasonable attorneys’ fees and costs): (A) Affiliate’s non-compliance with, or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate while participating in the Affiliate Program, (B) any misuse by Affiliate, or by those under reasonable control of Affiliate, (C) obtaining access through Affiliate of the Links, Offers or Leeloo or Client intellectual property, (D) any claim related to your Media including, but not limited to, the content contained on such Media (except for the Links).
Affiliate acknowledges that Futures and Forex trading has large potential rewards, but also the potential for large risk. Never trade with money you can’t afford to lose. Affiliate must be aware of said risks, and be willing to accept them in order to invest in the Futures and Forex markets. The past performance of any trading system or methodology is not necessarily indicative of future results. No representation is being made that any account will, or is likely to, achieve profits or losses similar to those discussed in this document. This is neither a solicitation nor an offer to buy/sell Futures, Forex, stocks, options or similar.
Except to the extent prohibited by applicable law, Leeloo expressly disclaims all warranties (express, implied or statutory), including but not limited to: the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing, usage, or trade. Leeloo expressly disclaims any liability for any act or omission of any Affiliate or Client, or their products or services. Leeloo does not warrant that the Affiliate Program or Links will meet Affiliate’s specific requirements or that the operation of the Affiliate Program or Links will be completely error-free or uninterrupted. The Affiliate Program, the Leeloo website, Links and the products and services provided in connection therewith, are provided to Affiliate ‘as is’. Leeloo does not guarantee that the Affiliate will earn any specific amount of Commissions. Leeloo reserves the right, at any time, to change the nature, features, scope, or operation of the Affiliate Program, or may discontinue any portion of the Program.
Neither Leeloo nor any of our related entities, directors, affiliates, officers, employees, agents or partners will be responsible for any reimbursement, compensation or damages arising in connection with: (i) any loss of prospective profits or revenue, (ii) any investments, expenditures or commitments by you in connection with this Agreement or your participation in the Affiliate Program, (iii) any termination or modification of the Program, this Agreement, or your participation in the Affiliate Program.
17. Limitation of Liability
Leeloo cannot be held liable for any indirect, incidental, consequential, personal injury/wrongful death, or special or exemplary damages including, but not limited to: loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not Leeloo has been advised of the possibility thereof. Neither Leeloo nor any of our directors, officers, affiliates, employees, agents, related entities or partners shall be liable for any unavailability or inoperability of the Links, websites, technical malfunction, corruption or loss of information, computer error, or other injury, damage or disruption of any kind beyond the reasonable control of Leeloo. Leeloo’s cumulative liability to Affiliate, from all causes of action and all theories of liability, will be limited to and will not exceed the amounts paid in Commissions to Affiliate by Leeloo during the three months immediately prior to such claim.
Instead of filing a lawsuit in court, Affiliate and Leeloo mutually agree to attempt to resolve any justiciable disputes involving the Affiliate Program or this Agreement, exclusively through final and binding arbitration located in Roundup, Montana before a single arbitrator.
19. Governing Law and Miscellaneous
Affiliate shall be responsible for the payment of all attorneys’ fees and expenses incurred by Leeloo to enforce the terms of this Agreement. This Agreement contains the entire agreement between Leeloo and Affiliate with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, written or oral. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity, while retaining the original intent of the parties. Affiliate agrees that Leeloo shall not be subject to, or bound by, any representations made by Affiliate (written or otherwise) that amend, conflict with, or supplement this Agreement, regardless of whether Leeloo ‘clicks through’ or otherwise indicates its acceptance thereof.
Other than the arbitration agreement provided, this Agreement shall be construed and governed by the laws of the State of Montana, without regard to principles of conflicts of laws. To the extent that any lawsuit is permitted under this Agreement, the parties hereby submit to the personal jurisdiction of, and agree that any legal proceeding with respect to, or arising under, this Agreement shall be brought solely in, the state court of Montana for the County of Musselshell, or in the United States District Court for the State of Montana, if such court has subject matter jurisdiction. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive relief without posting bond or other relief in the state court of Montana for the County of Musselshell, or any actual or alleged infringement of our, or any other person’s or entity’s, intellectual property or proprietary rights. You further acknowledge and agree that our intellectual property and proprietary rights are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
Leeloo may assign this Agreement at any time with reasonable notice to Affiliate. Affiliate may not assign all or any part of this Agreement without Leeloo’s prior written consent. This Agreement will be binding on, and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. Affiliate may not modify this Agreement without the prior written consent of Leeloo.
20. Independent Investigation
You acknowledge that you have read this Agreement in its entirety, and agree to all of its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer, and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.
Please note that we periodically update this Agreement as further described in Section 14.
Modified: January 2021