Active Trader: any individual (acting outside the course of business) who retains a live trading account with brands: easy-forex® / easyMarkets® (hereinafter “the Company”).
Agreement/ Contract: General Terms of Business
Affiliate: an independent party (individual or company), acting in the course of business, who is engaged in online advertising/marketing activities, who introduces clients to the Company for transactions in foreign currencies, commodities, futures and derivatives. Affiliates primarily using online acquisition activities to push website traffic to BCM tracking links are called “online Affiliates” with Affiliates who have personal contact with customers and who operate in a mainly offline environment are called “IBs” (Introducing Brokers).
Affiliate Programme: BCM promotes our brand’s products via its platform through its Affiliates’ network, both online and offline.
Affiliate Tracking ID: a unique hyperlink allocated to each Affiliate that assists in identifying the Affiliate’s activities and calculates the Affiliate’s monthly fees.
CPA: Cost per Acquisition. A commission plan defined as an activation of a live account by a new user. Commission is earned per qualified New Active User recorded in the Company’s CRM. Commissions become valid and payable once the Affiliate’s Quality Metric is achieved per New Active User.
CPL: Cost per Lead. A commission plan defined by the first telephone contact with the Lead as recorded by the CRM. Commission is earned per qualified lead recorded in the Company’s CRM. Commissions become valid and payable once the Affiliate’s Quality Metric is achieved per lead.
Lead: is a client of the Company who has not completed all steps of registration.
CRM: customer relationship management (software). The system used by the Company’s customer service and sales representatives to manage customer interactions.
The Company’s Products: means trading financial instruments, such as forex currencies, metals, vanilla options, indices and commodities.
Qualified Acquisition (qualified New Active User) means the activation of a live account with the Company by a deposit (minimum $100 or equivalent) and the completion of minimum trading turnover or trading revenue as required by the commission plan. The number of acquisitions is calculated exclusive of fraudulent or cancelled orders or actions identified by BCM in writing or via automated file transfer.
Quality Metric: ensures BCM receives genuine registrations and traders suitable to our business model. The metric variables are defined on a case by case basis and can be tailored specifically to the Affiliate, whether an online Affiliate or an introducing broker (IB). Variables may include, but are not limited to: the percentage of Leads contactable by BCM, conversion rate of Registrations to Acquisition, number of trades made by Qualified Traders in the Affiliate’s portfolio, specific trading volumes achieved by referred clients and minimum client deposit amounts and client withdrawals versus commissions paid. The default Metric variables are as per the qualification requirements for Leads, Registrations and Activations.
Related Entity: any entity that, directly or indirectly, is controlled by, or is under common control with Blue Capital Markets Limited. Where “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management policies of another, whether through the ownership of voting securities, by contract, as trustee or executor, or otherwise.
Revenue share: one of the compensation methods that can be achieved by Affiliates and it is divided as follows
Trading revenue: Affiliates are paid a certain percentage of trading revenues (Trading Revenue excluding hedging costs) generated by referred clients.
Lot rebate: Affiliates are paid a specific dollar amount for each Lot traded by its referred clients.
Second Tier Affiliate: an individual, acting in the course of business or a legal person that the Affiliate refers to BCM, to perform the same type of Services as the Affiliate and to be bound by the terms of this Agreement.
Qualified Trader: an individual, acting in his capacity as a consumer, i.e. outside a trade, business or profession, who has become a Qualified Acquisition and has been identified by the Tracking System of BCM. To verify the details of such individual, BCM will perform checks via his email address, telephone number and/or postal address that correspond to that specific individual.
Tracking System: BCM’s customary tracking protocols, including but not limited to, the use of the Affiliate specific “gateway” identifications, the use of separate reference pages, cookies, attributions questions or otherwise, that will assist BCM to identify the Affiliate and to record its activities, services and, to subsequently, calculate the Affiliate’s Compensation.
Each Party acknowledges and agrees that any and all information associated with the other Party’s business and not publicly known, including, but not limited to, the contents of this Agreement, specific trading information, technical processes and formulas, source codes, customer lists, prospective customer lists, names, BCM’s Intellectual Property, addresses and other information regarding customers and prospective customers, product designs, sales, costs, content, marketing and promotional material and other unpublished financial information, business plans and marketing data, is confidential and proprietary information (“Confidential Information”), whether or not marked as confidential or proprietary. Each Party agrees to use the other Party’s Confidential Information solely as necessary for performing its obligations here-under. Each Party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (a) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such Party’s obligations here-under, who each shall treat such Confidential Information as provided herein; or (b) as required by any law, regulation, or order of any court of proper jurisdiction over the Parties and the subject matter contained in this Agreement. Confidential Information shall not include any information which is: (i) in the public domain, or is already known by or in the possession of the non-disclosing Party, at the time of disclosure of such information; (ii) is independently developed by the non-disclosing Party without breaching any provisions of this Agreement; or (iii) is thereafter rightly obtained by the non-disclosing Party from a source other than the disclosing Party without breaching any provision of this Agreement.