Terms of Use
Last update: 21th of September, 2023
The following Affiliate Program Terms of Use (the “Affiliate Program Terms”) govern your participation in the CEX.IO’s affiliate program (the “Affiliate Program”).
These Affiliate Program Terms supplement, and form part of, our standard terms of use, the current version of which is located at: https://cex.io/terms (“Terms of Use”). Accordingly, capitalized terms used, but not defined in these Affiliate Program Terms, have the meanings set out in the Terms of Use.
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our customers. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
As used herein, “CEX.IO” refers to a specific company of CEX.IO Group of companies (hereinafter-“CEX.IO/we/us”) mentioned below, depending on User’s residence, place of registration and/or nationality.
CEX.IO Group of companies includes:
1. CEX.IO Limited (GIB) registered at 57/63 Line Wall Road, Gibraltar, GX11 1AA that is licensed by the Gibraltar Financial Services Commission as a DLT Provider under the license number: FSC1345B.
2. CEX OVRS LLC (ST. KITTS AND NEVIS), a limited liability company, established and existing under the laws of Nevis, company number: L 22275, with registered office address at Suite 1, A.L. Evelyn LTD Building, Charlestown, Nevis.
3. CEX.IO EU VASP, UAB (Lithuania), a limited liability company, established and existing under the laws of the Republic of Lithuania, company number: 306186479, with registered office address at Didžioji st. 18, Vilnius, Republic of Lithuania. CEX.IO EU VASP, UAB is registered as the Virtual Asset Service Provider (VASP) and depository virtual currency wallets operator in the State Enterprise Centre of Registers of the Republic of Lithuania lists.
4. CEX.IO Corp (USA) with its principal address at 900 E. Diehl Road, Suite 110, Naperville, Illinois 60563 provides its services on the Platform only to Users in the United States of America (hereinafter “US”) Users from supported States.
Please consider the following important limitations before deciding whether to participate in the Affiliate Program.
By entering the Affiliate Program when you create an Account on the Site for your use of the Services (“Account”), you acknowledge that you have read, understand, and completely agree to these Affiliate Program Terms, as updated and amended from time to time. If you wish not to be bound by these Affiliate Program Terms, as updated and amended from time to time, you have to either: (1) never enter, generate or send a Referral Code (defined below), or (2) cease your participation in the Affiliate Program by opening a support ticket and completing the process required by CEX.IO.
Only Users who currently have Accounts may participate in the Affiliate Program. Your participation in the Affiliate Program is always entirely at CEX.IO’s discretion. You can be removed from the Affiliate Program at any time for any reason or no reason. If you violate any of the Affiliate Program Terms, you can be immediately removed from the Affiliate Program and any amounts you may have received or been entitled to receive under it may be forfeited. CEX.IO reserves the right to review and investigate all Affiliate Program activities and to suspend Accounts or modify any conditions in CEX.IO’s sole discretion as deemed fair and appropriate. Please be informed that CEX.IO will have the right to cover any proved damage caused by the Affiliate Program participant actions using their funds on the CEX.IO Platform. CEX.IO will also be eligible to revoke all Affiliate Program rewards for violations of these Affiliate Program Terms, Terms of Use, as well as for fraud, refunds, cancellations, and chargebacks or a substantial change in business circumstances.
1. Description
1.1 The Affiliate Program allows you to elect to participate in receiving revenue from Users you refer to the Services who open an Account using a Referral Code you provide (each a “Member”). You can participate in the Affiliate Program either by referring Users to the Services (each person so referring Users, an “Affiliate”) or as a Member. Participation in the Affiliate Program is entirely on your discretion and is not required to use the Site or Services.
2. Codes
2.1 Under the Affiliate Program, CEX.IO may provide you with a unique alphanumeric or other code (the “Referral Code”) to distribute to eligible individuals each to become new Users. You acknowledge and agree that: (a) CEX.IO have the right to limit the number of times you may use or share your Referral Code, (b) you have no ownership rights in any form over the Referral Code, and (c) CEX.IO may reclaim, deactivate, invalidate or terminate your Referral Code at any time at CEX.IO’s sole discretion.
3. Restrictions
3.1 You may invite eligible individuals to become new Users by distributing your Referral Code directly and instructing them to input your Referral Code during the sign-up process. Referral Codes should only be used for personal and non-commercial purposes. You must disclose that you are eligible to receive an Affiliate Reward (defined below) in connection with a use of your Referral Code. Referral Codes should not be published or distributed on commercial websites, and you are prohibited from 'spamming' anyone with referral invitations.
3.2 No spamming. You agree that you will not 'spam' anyone with invitations to join the CEX.IO Platform. Further, you acknowledge and agree that the following activities are prohibited under these Affiliate Program Terms: (a) mass emailing, texting or messaging people you do not personally know or otherwise engaging in any other promotion that would constitute or appear to constitute unsolicited commercial email or 'spam', (b) use of automated systems or bots through any channel to distribute, post or respond to your Referral Code, and (c) use of scripts, programmed or automatic dialers to send invites or to communicate a Referral Code. Without limiting the foregoing, you agree to comply with all local, state and federal laws and regulations governing your obligations under these Affiliate Program Terms, including but not limited to all applicable laws that govern marketing emails, including the anti-spam laws.
3.3 No Misrepresentations. You agree that you will not mislead or attempt to mislead anyone in connection with the Affiliate Program, either by affirmative representation, implication, or omission. Further, you agree that you will not: (a) create fake accounts, webpages, profiles, websites, or links, (b) misrepresent your relationship with CEX.IO or any other third party, including but not limited to suggesting an affiliation or partnership exists with a third party where none exists, (c) make misleading claims about CEX.IO, including but not limited to misleading claims about the specifications, features of functionality of the Services provided by CEX.IO or the Affiliate Program, (d) act in an unfair or disruptive manner, or (e) otherwise make any false or misleading statements to get a invitee to use your Referral Code. Further you agree that you will not undertake any deceptive or fraudulent methods to increase your Affiliate Reward.
3.4 Prohibited content. You agree that you will not use the CEX.IO brand in connection with: (a) disparaging or defamatory content concerning CEX.IO or third parties, involved in providing Services to you; (b) offensive, abusive, intimidating or harassing content; or (c) content that violates the law or rights of anyone else.
3.5 Creating an additional account. You agree that you will not create any additional Accounts for self-inviting through multiple accounts. We check for duplicate or fake Accounts and it can be a reason for deleting you from the participation in the Affiliate Program.
3.6 Using paid advertising with branded key-words. You agree that you will not use words such as “cex.io”, “cex”, “cexio” or any other look-alike, sound-alike, or other “CEX.IO“ branded terms in your advertising materials. It is necessary to prevent any confusion with the official CEX.IO domains. Do not post your own CEX.IO referral link as advertisements on search engines such as Google, Bing, Baidu, etc.
3.7 Sharing referral links using fake accounts. You agree that you will not create of use any fake webpages, profiles in social media, making fraud actions or any other prohibited unlawful actions.
4. Responsibilities
4.1 You acknowledge that the purpose of the Affiliate Program is to encourage new Users to the Site and Services. You agree to act in good faith in accordance with this intention.
4.2 You must not refer any User who is a contractor or service provider to CEX.IO.
4.3 You must comply with all applicable laws in connection with your activities under the Affiliate Program, including when referring Users to the Site or Services.
4.4 You must not, directly or indirectly, allow any of the following Accounts to be one of your Members: (i) an Account owned or controlled by you or a member of your immediate family or household, or (ii) an Account owned or controlled by a user who is already a User of the Site or Services.
4.5 You should inform CEX.IO if you discover that any other third party makes fraud or other unlawful actions.
4.6 You should be responsible for covering any damage caused to CEX.IO by any kind of unlawful action, caused by yourself or any third party who was provided a Referral Code by you.
4.7 You are responsible for any costs or expenses associated with your activities referring Users to the Site or Services. You incur those costs and expenses entirely at your own risk.
4.8 You must ensure that any statements you make in connection with referring Users to the Site or services are (i) professional, accurate, and truthful; (ii) not misleading or deceptive (for example, do not embellish the nature of your relationship with CEX.IO); and (iii) not offensive, illegal or obscene.
4.9 You agree not to engage in any electronic messaging that is prohibited by applicable laws, illegal solicitation, or fraudulent or deceptive solicitation.
5. Members
5.1 Any User you refer to CEX.IO will be required to open an Account in order to become a Member.
5.2 CEX.IO reserves the right to refuse any User an Account for any reason or no reason. CEX.IO may refuse to continue to permit any User to use the Site or Services at any time, as described in the Terms of Use. The fact that a User is, or may become, a Member in no way impacts these rights.
6. Rewards
6.1 CEX.IO will credit your Account with a set percentage of fees on the exchange transactions earned from the Account the Member opened with your Referral Code. For clarity, those fees are the amounts actually collected from the Member and in particular exclude any discounts that the Member may be provided.
6.2 The percentage of the fees you receive will be thirty percent (30%) and may be amended by CEX.IO at any time.
6.3 You will receive each payment in 30 days after the collection of the applicable fees from the Member. The sum of all your rewards is your “Affiliate Rewards”.
6.4 In case when the Member utilizes available to him/her CEX.IO Exchange Plus’ Trading Fee Balance according to the Member’s Terms of Use to cover the exchange transaction fees, the Affiliate will not receive the Affiliate Rewards.
7. Conversion
7.1 All Affiliate Rewards are recalculated in USD equivalent at the moment when the transaction is done.
7.2 Affiliate Rewards will be based upon CEX.IO’s good faith calculation and information available to CEX.IO. CEX.IO is not responsible for any Affiliate Rewards not properly being credited to you that CEX.IO is unaware of, including due to computer error or other reasons.
8. Statistics
8.1 You can check the activity of your Members and the amount of the reward you get on the Statistics page.
8.2 In the fields Visits, Registrations, Deposits, and Orders you can see the number of Members who did the respective action (registered an Account, logged in CEX.IO Platform, deposited funds or placed an order).
8.3 The Fee column shows the total amount of fees your Members paid for the completed trades on the given date. You can find the information about this commission on our Fee schedule page.
8.4 The Bonus section shows the exact amount of your Affiliate Rewards in USD.
8.5 Information on the Statistics page is updated in real-time.
9. Information
9.1 CEX.IO intends to make reasonable efforts to provide Affiliates information associated with each Referral Code the Affiliate sends out that is used by a Member when opening an Account. There may be circumstances where that information is unavailable such as during technology maintenance and updates or if we decide to discontinue the reporting of this information for one or more Members or one or more Affiliates.
10. Notification
10.1 You must notify CEX.IO of any disagreement regarding any Affiliate Reward within thirty (30) days of receipt of the applicable Affiliate Reward. Any failure to raise a disagreement within that time period is your acceptance of the Affiliate Reward as full and final settlement of the amount you are entitled to receive under the Affiliate Program. If CEX.IO has not received your notice of disagreement within thirty (30) days of the date you received the applicable Affiliate Reward, your right to dispute such Affiliate Reward will be deemed to be, and hereby is waived.
11. Relationship
11.1 Both you and CEX.IO are independent contractors and nothing in this agreement will create any partnership, joint venture, franchise, sales representation, or employment relationship between you and CEX.IO.
12. Non-exclusive
12.1 The Affiliate Program is not exclusive. Your participation in the Affiliate Program does not grant you any additional right to use or continue to use the Site or Services.
13. Changes
13.1 CEX.IO may update or amend the Terms of Use, Affiliate Program Terms, Site, Services, any Affiliate Rewards, fees charged in connection with the Services or other elements of the transactions contemplated by these Affiliate Program Terms at any time and from time to time (“Changes”). CEX.IO may make Changes for any reason or no reason. These Changes may make your participation in the Affiliate Program more or less valuable to you and may result in you no longer being eligible to participate in the Affiliate Program. Please be informed that your continued participation in the Affiliate Program following a Change will constitute your binding acceptance of the Change.
14. Liability
14.1 In addition to the Limitation of Liability set out in the Terms of Use, CEX.IO also assumes no liability or responsibility for and shall have no liability or responsibility for any losses directly or indirectly arising out of or related to:
14.1.1 these Affiliate Program Terms;
14.1.2 the Affiliate Program and your participation in it;
14.1.3 any communications you have with a Member or other User regarding the Affiliate Program;
14.1.4 any breach of these Affiliate Program Terms;
14.1.5 any failure by you to comply with applicable laws (including laws governing privacy or electronic messaging, disclosure laws, etc.); and
14.1.6 any negligent or intentional acts or omissions by you.
14.2 You hereby agree to release the CEX.IO from liability for any and all losses, and you shall indemnify and save and hold the CEX.IO harmless from and against all losses. The foregoing limitations of liability shall apply whether the alleged liability or losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the CEX.IO have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
15. Term
15.1 Your participation in the Affiliate Program, and the application of these Affiliate Program Terms commence when you enter a Referral Code for the Affiliate Program as a part of setting up your Account, or when you send a Referral Code to any User or take other steps to engage a User to participate in the Affiliate Program. These Affiliate Program Terms will apply indefinitely after that, until your participation in the Affiliate Program ends. If your participation in the Affiliate Program ends, all Affiliate Rewards will end on the same date. These terms will continue to apply after your participation in the Affiliate Program ends.
15.2 The Terms of Use apply in their entirety to these Affiliate Program Terms.
Contact us
If you have any questions relating to these Affiliate Program Terms, your rights and obligations arising from it and/or your use of the Site and the Service, your Account or any other matter, please, contact support@cex.io