Last Updated January 1st 2021
Deriv-Trades INVESTMENT LIMITED
ADVICE DISCLAIMER!!!
Deriv-Trades Investment Limited,hereby declares that we are
not a financial service provider and that We are not providers of
securities services.
All members including proxy members
who represent entities on Deriv-Trades , hereby agree that by
accessing and registering on the Deriv-Trades website and/or by the
act of using any Deriv-Trades services that they have read,
understand and agreed to and will abide by the terms of this Advice
Disclaimer.
Nature of Our Business
Deriv-Trades is an internet based investment service provider
which performs its business through the website Deriv-Trades and its
official office in USA.
Deriv-Trades does not offer
financial advices to its members and also does not portray or
attempt to portray itself as a registered or authorised financial
services provider or render financial services in respect of
financial products as defined in the Financial Advisory and
Intermediary Services Act 2002 (“the FAIS Act “) and, Deriv-Trades
does not portray or attempt to portray itself as registered or
authorised to render security services as those terms are defined in
the Securities Services Act, 2004 (“the SS Act “).
Performance
Per the Deriv-Trades Terms and Conditions and per the
Deriv-Trades General Policies and per the Deriv-Trades Advice
Disclaimer, Deriv-Trades does not guarantee or warrant any returns
or specific growth, rates or outcomes.
Deriv-Trades
members and proxy members utilise the services of Deriv-Trades and
any related services entirely at their own risk, without any
liability to Deriv-Trades
SECTION: 2
Deriv-Trades INVESTMENT LIMITED
GENERAL TERMS AND CONDITIONS
Introduction
This document covers the full set of terms
and conditions at Deriv-Trades investment Ltd, (hereinafter referred
to as Deriv-Trades) Terms and Conditions which any member or proxy
of any entity agrees to and agrees to abide by through their action
of registering on the Deriv-Trades website and/or makes use of any
Deriv-Trades services. All such members are required to make
themselves familiar with these Terms and Conditions.
Terms and Conditions
Your access to and use of this website (and any and all
related software utilized to support this website) shall be governed
by the following terms and conditions of Deriv-Trades Investment
Limited Limited (hereinafter referred to as “Deriv-Trades”).
By
yourself accessing and using the Deriv-Trades website and/or
yourself making use of any services offered by Deriv-Trades, or
yourself making use of any services offered through using a proxy,
you agree to comply with and be irrevocably bound by the terms and
conditions herein below, in order to utilize this website and engage
in the services of Deriv-Trades and or its service providers.
This
website provides all necessary information with regards to operating
the Member Account Dashboard, as well as details of the Deriv-Trades
Bonus Plan for the additional Referrals Option.
To make
use of Deriv-Trades services, you will need to register and open
your account on this website.
You will be required to
fund your account with a recommended amount $500 (Five hundred USD)
value in bitcoin within seven (7) days from the date and time of
your registration. Failure to do so will result in your account
being deleted. You will be permitted to re-register again at a later
stage but will then be allocated a different position.
By
opening an account on this website, you confirm that you irrevocably
agree to and are bound by the terms and conditions of Deriv-Trades
as set out herein below.
Account Eligibility
You must:
While using our Service, we may ask you
to provide us with certain personally identifiable information that
can be used to contact or identify you ("Personal Data"). Personally
identifiable information may include, but is not limited to:
As
an individual, be at least 18 (EIGHTEEN) years of age and capable of
entering a legally binding contract and, you must have a valid email
address.
If you are a minor:
You may not be a
member of Deriv-Trades unless you have reached the legal age your
country prescribes in order to enter into a legal contract and act
without the assistance of your legal guardian. In USA that age is 18
and may differ from country to country. Your legal registration with
Deriv-Trades will be governed by the laws of your applicable country
under which authority you reside.
If you are under the
age of 18 (EIGHTEEN) your legal guardian may open an account in your
personal name and as your legal guardian manage your account on your
behalf. Your legal guardian will be liable for and bound by the
terms and conditions of Deriv-Trades in their representing capacity
as legal guardian.
The legal guardian must ensure that
the minor do not access the account without the presence and
assistance of the legal guardian who will have full account control
and access rights until the minor becomes of age. When the minor
become of age, he/she may apply to Deriv-Trades in order to provide
him/her with full access to his/her account by submitting the
necessary proof as required by Deriv-Trades. The newly qualified
member will then be bound by the terms and conditions in his/her
personal capacity. If using a proxy, your proxy must be at least 18
(EIGHTEEN) years of age and capable of entering a legally binding
contract and have a duly signed proxy not older than 3 months.
Agree
that if you are a registered company, trust, partnership or any
other legal entity which is duly registered under the applicable
laws of the country in which the aforesaid entity conducts business,
and/or is domiciled, and the person opening the account on behalf of
the legal entity confirms their proxy by written
declaration/resolution/letter of authority from the entity, that
he/she is the duly authorised representative for and on behalf of
the legal entity. Through registering on the Deriv-Trades website,
accessing and making use of services offered, that person or proxy
will legally bind the represented entity to the Deriv-Trades terms
and conditions as set out herein. Any dispute regarding such
authority to represent, shall have no effect on the legality or
existence of the contractual relationship between Deriv-Trades and
the entity. Deriv-Trades reserves the right to request the relevant
resolution or Letter of Authority at any time. If the required
documentation cannot be presented on request within a reasonable
time, Deriv-Trades reserves the right to suspend the members account
until the required documents is presented.
Be sponsored
by an existing Deriv-Trades member (“sponsor”).
Be
responsible for your own taxes on any proceeds and the declaration
thereof with your relevant tax authority. Deriv-Trades does not
deduct or withhold any taxes on your behalf, nor will any reporting
tax related responsibilities vest in Deriv-Trades.
Take
responsibility for maintaining and protecting the confidentiality
and safekeeping of your login details, which consist of your email
address and password. Deriv-Trades takes no responsibility for any
unauthorized access to or use of your account. In the event of a
security breach on Deriv-Trades end, Deriv-Trades will notify you as
soon as practically possible, in line with the provisions of the
Federal Act on Consumer Information of October 5, 1990 (SR 944.0) of
USA
Disclaimer of Warranties
You understand
and acknowledge that:
Neither Deriv-Trades nor its
business partners is responsible for any loss or damage of whatever
nature and cannot be held liable for the website being temporarily
unavailable due to technical issues and or maintenance beyond
Deriv-Trades’s reasonable control.
Deriv-Trades cannot provide
any guarantees as to the performance, accuracy, timeliness,
completeness or suitability of the information (which may contain
outdated information, inaccuracies or errors) and services found or
offered on this website for any particular purpose, and Deriv-Trades
expressly excludes any liability for such to the fullest extent
permissible by law.
Information provided by Deriv-Trades,
including but not limited to statements, trade results and
advertisements, are purely for informational purposes and by no
means intended to serve as financial or investment advice, or
forecasts of future performance.
Your use of any information or
services on this website is entirely at your own risk, for which
Deriv-Trades or its business partners cannot be held liable in any
manner.
You are responsible for ensuring that any product,
services or information available through this website meet your
specific needs and requirements.
This website may include links
to other third-party websites which are not controlled by
Deriv-Trades, which
Deriv-Trades and its officers cannot be
held liable in any manner for any consequential damages that you may
occur as a member or that may be incurred by the the entity that you
represent as a proxy.
Copyright
You acknowledge and agree
that the Deriv-Trades website contains confidential information that
is protected by COPYRIGHT ©️ and a range of intellectual property
laws in Switzerland and world-wide. Deriv-Trades reserves all
copyright rights worldwide.
Deriv-Trades Exclusive Rights
You are permitted to
use the Deriv-Trades website provided that you do not (and do not
allow any third party to):
Copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, meta-data, sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in this
website in any manner or form;
Use modified versions of this
website, including (without limitation) for the purpose of obtaining
unauthorized access to the website; or
Access the website by
any means, other than through the interface that is provided by
Deriv-Trades for use in accessing the website.
You authorize
Deriv-Trades to use your name, photograph, personal story and/or
likeness in advertising or promotional materials and waive all
claims for remuneration for such use. Should you wish to opt-out of
marketing-specific communications, you will be provided with a link
to exercise such option in the relevant communications.
You
permit Deriv-Trades to contact you via email or text messaging for
reasons including, but not limited to, Deriv-Trades announcements,
bonus programs and promotions, changes in policy, etc.
Deriv-Trades
reserves the right to manage the referral bonus of any account with
a balance of less than $1000 (one Thousand USD) worth of bitcoin in
value.
Deriv-Trades reserves the right, for security reasons
and for the protection of the website and its members, to block
withdrawals from a members account for a period of seven (7)
calendar days should any password, email address, 2FA or Bitcoin
Withdrawal Address be changed.
Deriv-Trades reserves the right
to withhold, deduct or collect from any portion of your or any
accomplices bitcoins any amounts received or qualified for through
the misuse or abuse of the Bonus Plan by means of schemes or
unethical behaviour conducted by yourself or with the
assistance or collusion of other parties..
Member and
customer lists and names are owned by Deriv-Trades and may never be
used for any commercial or business purpose without the prior
written consent of Deriv-Trades, its directors and officers.
Indemnity
You
indemnify and release Deriv-Trades from and against all claims,
suits, demands, actions, liabilities, costs and expenses (including
reasonable legal costs and expenses awarded by any competent court
or tribunal) resulting from your access to and/or use of this
website, or breach of any terms and conditions you agree to; prior
to accessing this website, in the proportion that represents the
extent to which the claim, suit, demand, action, liability, cost or
expense is caused by your negligent or wrongful acts or
omissions.
You understand that failure to comply with the above
Deriv-Trades terms and conditions and policies and procedures herein
may result in the termination of the agreement, which could result
in Deriv-Trades suspending your member status.
You understand
that any payments due to you may be delayed until final resolution
has been achieved.
You acknowledge that in the event of your
violation of this agreement and/or Deriv-Trades’s terms and
conditions and/or policies and procedures, your member rights may be
terminated without further bonuses or payments of any kind, which
will be forfeited to Deriv-Trades.
You agree that you indemnify
and hold Deriv-Trades, its directors, officers or employees harmless
from any and all claims, damages or expenses (including legal fees)
that may arise from your actions or conduct in violation or
contravention of this agreement.
You acknowledge Deriv-Trades’s
Bonus Program is based on current products and is subject to change
without prior notice, especially given fluctuating markets and
trades beyond the control of Deriv-Trades.
Regulatory and Policy
Deriv-Trades requires of all members that they will act in a
manner that is in line with and abides by all regulatory, policy and
legal requirements.
Should any member become aware of or
receive any form of regulatory or policy or legal communication in
any communication medium, the information should be forwarded
directly to the Deriv-Trades support and clearly marked for the
personal attention of the support team.
Should clause 8.2 above
occur, no member should circulate or send such information or
communications in their possesion to any other members other than to
the Deriv-Trades support team, as required by clause 8.2.
Transgression
of this term and condition of Deriv-Trades membership can result in
Deriv-Trades cancelling a members membership, after which
Deriv-Trades would zero the members Deriv-Trades account and send
the members Bitcoin to the member.
Should clause 8.4 occur and
a members membership be terminated, that person will not be able to
join Deriv-Trades again.
Limitation of liability
Neither
party is liable to the other for any consequential or indirect loss
including, but not limited to, loss of profit, loss of data, lost
opportunity cost, loss of enjoyment.
Transferring your Account
No account shall be ceded or assigned to any third party, due
to the risk of cybercrimes. Despite any other terms and conditions
contained herein, Deriv-Trades reserves the right, in exceptional
circumstances, to change the account holder detail.
Amendments and variations to terms and conditions
Deriv-Trades may amend these terms and conditions from time
to time, if and when necessary without prior notice and at
Deriv-Trades’s sole discretion.
Updated terms will appear on
this website and it is your responsibility to ensure that you remain
abreast of any amended terms or conditions, as applicable.
Your
continued use of the web site shall be construed as an unequivocal
acceptance of the terms and conditions, as amended.
If you do
not agree to comply and be bound by the terms and conditions, as
amended from time to time, you must immediately cease using this
website, withdraw your bitcoin and proceeds and notify both
Deriv-Trades support and your referrer.
You will remain bound
by these terms and conditions for a period of 36 months after
cancellation of your membership and will refrain from any conduct
that will, may or could cause Deriv-Trades any reputational
damage.
Jurisdiction
This agreement and the relationship
between the member and Deriv-Trades shall be governed by the Federal
consumer/investor Act of USA and the member agrees to the
jurisdiction of the High judicial Court of USA (any division) in
terms of any legal actions actioned by either the member or
Deriv-Trades.
Waiver and Severability of Terms
Any failure on the part of Deriv-Trades to exercise or
enforce any rights or provisions of this agreement shall not
constitute a waiver of such rights or provisions.
Deriv-Trades
reserves the right to exercise such rights or provisions within 3
years from date of the contravention of the terms and conditions or
the time Deriv-Trades becomes aware of same, whichever occurred last
in time.
If any provision of this agreement is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavour to give effect to the parties’
intentions as reflected in the provision, alternatively such
provision shall be severed from the remainder of this agreement and
the remaining provisions of this agreement shall remain in full
force and effect and binding on the parties.
Survivorship
All rights in and to your account or information within your
account terminate upon your death or winding-up of your estate.
Deriv-Trades
will upon receipt of a request from your executor/liquidator/trustee
supported by a formal letter of authority and a copy of a death
certificate or notice of winding up, freeze your account and provide
your executor/liquidator/trustee with a statement of account.
Deriv-Trades will act on the instructions of your
executor/liquidator/trustee and either liquidate your funds and pay
same over to your executor/liquidator/trustee or replace you with
your nominated beneficiary after receiving his/her directions.
A
position can only be transferred to one beneficiary being a natural
person or a duly registered legal entity and Deriv-Trades will not
split the position amongst multiple beneficiaries.
Declaration
By accepting herein below, I confirm that I have carefully
read, understood, and I agree to comply with Deriv-Trades’s Terms
and Conditions and Policies and Procedures.
I further agree to
and understand that Deriv-Trades’s Policies and Procedures are
binding on myself or myself and the entity that I represent if I am
a proxy and form part of this agreement.
I understand that I
must be in good standing and must not be in violation of any of the
terms of the general policies and terms and conditions of
Deriv-Trades in order for myself or the entity that I represent as
proxy to be eligible and to receive to any bonuses or payments from
Deriv-Trades.
The continuation of my CIL membership, use of the
Deriv-Trades website services and my acceptance of bonuses or
payments shall constitute my acceptance of the general policies and
procedures and terms and conditions and any and all amendments
pertaining to both of the aforesaid.
It is required of you as a
member of Deriv-Trades to understand and to wholly abide by the laws
of your country in relation to whichever of your country’s laws may
have an effect on your membership and use of Deriv-Trades.
SECTION: 3
Deriv-Trades INVESTMENT LTD (Deriv-Trades)
GENERAL
POLICIES
Throughout these policies and procedures,
when the term “agreement” is used, it collectively refers to the
Deriv-Trades Referral Application, the Deriv-Trades Policies and
Procedures, the Deriv-Trades Bonuses, together with the terms and
conditions in part A hereof.
Notwithstanding anything stated in
the aforementioned, it remains the responsibility of each member to
read, understand, adhere to, and ensure that he or she is aware of,
and operates under the most current version of these policies and
procedures. It also remains the sole responsibility of the member to
ensure that all their downline referrals are aware of any
amendments.
When enrolling a new Member, it is the
responsibility of the sponsor to provide the most current version of
these policies and procedures, the Deriv-Trades’s terms and
conditions and the Referral and Bonus Plan to the applicant, prior
to his or her execution of the Referral Agreement.
Ethics
Deriv-Trades conducts business in an
ethical and credible manner based on Deriv-Trades’s core value of
Integrity, which requires that every member deal ethically with
their customers, with each other and with Deriv-Trades.
Deriv-Trades
permits no unethical or illegal activity, nor shall it be held
liable for set actions or behaviour.
Deriv-Trades will
intercede when such behaviour is brought to the attention of
Deriv-Trades, as such Deriv-Trades reserves the right exercise its
best judgment in deciding whether certain member activities are
unethical. The decision of Deriv-Trades is final.
Furthermore,
Deriv-Trades may use its own discretion in determining the
appropriate course of action, unless the transgression requires
legal action.
If Deriv-Trades determines that unethical
activities may exist, it reserves the right to suspend or terminate
member status, including but not limited to, all bonuses and
payments of any kind.
Under no circumstances is a member, whose
membership is terminated for unethical or illegal activity, entitled
to sell or transfer their position.
Examples of unethical
behaviour include, but are not limited to, the following:
making
any false or misleading remarks, statements, innuendos or spreading
rumours that may disparage Deriv-Trades, its products or services,
its bonus plan, its employees, its founders or other Deriv-Trades
Members or business partners.
making any claim regarding
Deriv-Trades’s products that are not found on Deriv-Trades’s current
websites or official referral material.
making unapproved
income claims or revealing the amount of income you are or have
received through Deriv-Trades without prior consent from the
Deriv-Trades Governing Body.
using any of the information in
your back office or activity report in a manner to influence another
Deriv-Trades member to alter their relationship with Deriv-Trades in
any manner whatsoever.
using the information in your back
office or activity report to compete with Deriv-Trades in any manner
whatsoever, either directly or indirectly, personally or through an
agent or third party.
providing, selling or revealing any
customer lists and/or their contact information that appears in your
activity report or downline report to a third party. This
includes the customer lists and/or their contact information that
belongs to Deriv-Trades or appears in any other member’s activity
report or downline report.
directly or indirectly disclosing
the password or other access code to your back office or activity
report.
forging any signature, including electronic signatures
on any document.
making any unauthorized use of the
Deriv-Trades ’s name, logos, photos, videos, trademarks or
copyrighted material in any way or fashion OR deviating from the
content thereof in any form or manner.
violation of any
government laws or regulations.
competing with the
Deriv-Trades’s products or services directly or indirectly through
association with another business or through your own personal
efforts which includes efforts to try and recruit Deriv-Trades
members to other platforms in competition with Deriv-Trades whether
directly or indirectly.
behaving aggressively or using abusive
language, mistreatment, or any other inappropriate behaviour toward
any Deriv-Trades employee, founder or another Deriv-Trades
member.
publishing of any confidential information, including
personal account statements, growth margins or profit guarantees on
any social media platform or any other public platform.
engaging,
promote or encourage any activity, behaviour, scheme, abuse or
conduct in order to obtain an undue financial benefit through the
compensation plan or the bonus plan.
Key Words, Phrases,
Expressions and Acronyms not permitted by Deriv-Trades
Members
may under no circumstances use any of the following or similar words
Key Words, Phrases, Expressions and Acronyms when communicating in
any manner, on any topic, through any communication medium including
verbal with any other person about Deriv-Trades:
Print Money
Printing
Money
Pyramid
Pyramid-Scheme
Get Rich making
system
Get Rich Quickly
Fast Money
Money Machine
Use
of such Key Words, Phrases, Expressions and Acronyms Members is seen
in a serious light by Deriv-Trades and can result in a member being
suspended and the member’s account being closed.
Recruiting
Crossline
recruiting is not permitted. Crossline Recruiting definition: the
"recruiting/approaching of a “Deriv-Trades” member who is not your
own “Deriv-Trades” personal direct" into/for another opportunity.
A
member may not solicit an individual or entity that has previously
been sponsored by another Deriv-Trades member (or who is considering
joining Deriv-Trades and being sponsored by another member) to join
their Deriv-Trades business in such member’s bonus line.
A
member may not register and fund a potential new member without
their consent/authorisation in an attempt to lock them in their
organization.
Territorial Rights/Conducting business across
International Borders
Members may refer and sponsor new members
in any country where Deriv-Trades conducts business, without
exclusivity.
Members conducting business in foreign countries
must adhere to the Deriv-Trades terms and conditions and policies
and procedures governing activities in such countries.
Members
are responsible for knowing and adhering to all laws and accepted
business practices within the countries in which they choose to
refer. This includes, but is not limited to, customs and immigration
laws and accepted marketing practices and competition laws.
Qualification Requirements for Payment
Deriv-Trades offers a variety of different options which
enable the member to earn income through its Bonus Plan.
Some
of these payment plans require that the Member must be qualified.
Qualification
requirements are defined in the Bonus Plan.
it is the
responsibility of the member to continually check and to ensure that
they are qualified for each individual bonus plan which may require
qualifications.
Deriv-Trades will not be obligated, nor held
liable, to pay for any bonus plan where a member may fall out of
qualification.
Referral commission payments are paid to
referrers within seven (7) days from a referee depositing his/her
bitcoin in Deriv-Trades and the payment has been confirmed.
Deriv-Trades
reserves the right to void and recover the referral bonus in full or
part thereof should any irregularities occur within an eight (8)
week period; this measure is implemented to protect the integrity of
the Compensation Plan, The Bonus Plan and the administration of
Deriv-Trades.
General Rules
Always
introduce and refer to yourself as an Deriv-Trades member.
You
should never give the impression that you represent Deriv-Trades in
any way as an employee or an official agent.
The use of
Deriv-Trades’s logos, trademarks, trade names or service marks are
strictly prohibited without prior, written approval from the
Deriv-Trades Governing body.
Make sure that when you design any
marketing or communication material, that it clearly shows that it
is coming from you as a member and is not produced by Deriv-Trades
in any way, shape or form.
You may use Deriv-Trades’s written
information that is commonly found in current referral materials;
you may not do so word for word (“ad verbatim”), without prior,
written approval from the Deriv-Trades Governing body, noting that
Deriv-Trades’s materials are protected by copyright laws and
trademarks.
You may never make any promises of income, or
forecasts of any nature of set growth percentages.
Deriv-Trades
will not and cannot be held liable for any losses of whatsoever
nature due to unfulfilled promises to prospective members or third
parties by any other existing members.
Trademarks and
Copyrights Deriv-Trades will not allow the use of its trade names,
trademarks, designs, photos, videos, audio recordings or symbols by
any person, including any Deriv-Trades member, without its prior,
written permission of the Deriv-Trades Governing Body.
Members
may not produce, for sale or distribution, any recorded Deriv-Trades
events and speeches without written permission from the Deriv-Trades
Governing Body, nor may members reproduce, for sale or for personal
use, any recording of Deriv-Trades-produced audio or videotape
presentations.
Events
Deriv-Trades supports the practice
of Regional and Local Training Events, "Personal Business
Opportunity Meetings” and Private Business Receptions, as they are
valuable educational platforms when conducted properly with both
professionalism and integrity.
Remuneration of Fees for Action
taken by Deriv-Trades
Deriv-Trades reserves the right to pursue
the remuneration of any legal or operational fees or the recovery
for any damages as a result of any policy violation by any
Deriv-Trades member.
Deriv-Trades further reserves the right to
recoup such costs from future bonuses or other payments of such
defaulting member.
Privacy of Personal Information
Deriv-Trades has a strong commitment to protecting the
privacy of its customers and members and their personal
information.
Unauthorized disclosure or access of personal
information by any member or proxy, including but not limited to,
account information or personal identification number, is a
violation of Deriv-Trades privacy policy, and is strictly
prohibited.
Further Limitations
Deriv-Trades reserves the
right to limit or disallow any marketing activities that cast
negative aspersions on the integrity, truthfulness, and/or
reputation of Deriv-Trades or its members.
Members will adhere
to the advertising and representative guideline set forth by the
Deriv-Trades Governing Body.
Members may not interfere with the
trading activities or decisions of Deriv-Trades under any
circumstances and will direct any query relating to trading, to the
Deriv-Trades Support Team.
If any query is related to a
financial or accounting nature, the Deriv-Trades Member will be able
to communicate and interact with the Tier2 and Tier3 Support in
respect thereof.
Members may not place any trading orders nor
instruct Deriv-Trades or the Governing Body in respect of the
trading activities or otherwise interfere with the trading pool
activities.
Conclusion
The rules and regulations outlined
in this document are intended to protect the Deriv-Trades
opportunity for and the interests of all involved which includes the
owners, directors, officers and employees and every member of
Deriv-Trades and members are implored to adhere to the terms and
conditions, as well as the policies and procedures, as set forth
herein to ensure that you are in compliance.
Please note that
any infraction of these rules and regulations may result in
suspension or immediate deactivation/termination of your
membership.
Declaration
By accepting herein below, I
confirm that I have carefully read, understood, and I agree to
comply with Deriv-Trades’s Terms and Conditions and Policies and
Procedures.
I further agree and understand that Deriv-Trades’s
Policies and Procedures are binding and form part of this
agreement.
I understand that I must be in good standing and not
in violation of any of the terms of this agreement in order to be
eligible to receive any bonuses or payments from Deriv-Trades.
The
continuation of my Deriv-Trades membership or my acceptance of
bonuses or payments shall constitute my acceptance of the terms and
conditions, the policies and procedures and any and all amendments
pertaining to both of the aforesaid.
SECTION: 4
Deriv-Trades INVESTMENT LTD (Deriv-Trades)
CORE VALUES
(ALSO KNOWN AS BRAND VALUES)
Introduction
Deriv-Trades takes great pride in its Core / Brand Values and
expects its leadership, staff and members to abide by these values
in their dealings with one another and others not part of the
Deriv-Trades family.
Deriv-Trades Core / Brand Values
Family
– "The love of family and the admiration of friends is much more
important than wealth and privilege." ~ Charles Kuralt
Passion
– we take pride in everything we do.
Fairness – we are
objective and impartial in all our dealings.
Caring – we
communicate honestly and respectfully.
Integrity – we are
honest, transparent and committed to doing what is best for our
members and our company.
Excellence – we strive to be the best
in all we do.
Partnership and Collaboration – we rely on each
other to learn and grow.
Compassion – "Compassion is the
greatest form of love humans have to offer." ~ Rachael Joy Scott
SECTION: 5
Deriv-Trades INVESTMENT LIMITED
CODE OF CONDUCT
Your
Conduct - What you cannot do:
You agree not to:
Use
the Deriv-Trades website or cause it to be used for any unlawful
purposes.
Use any information obtained from this website to
transmit or authorize the transmission of junk mail, chain letters,
or unsolicited emails or social media publications.
Interfere
with, disrupt, or create an undue burden on Deriv-Trades’s operation
of its website or administration in general.
Use any robot,
spider, or other device or process to retrieve, index, or in any
other way reproduce, modify or circumvent the navigational
structure, security or presentation of this website, or cause it to
happen.
Make any false, misleading or disparaging statements
about Deriv-Trades, its employees or Founders, the Deriv-Trades
Bonus Plan, or any registered members, previous and/or current or
their positions or the Deriv-Trades mission and vision.
Display
of any trading results or bonuses without prior consent from the
Deriv-Trades governing body and affected member/s,
The making
of income projections and use of income testimonials to the public,
which is strictly prohibited.
Your Conduct – What you can and
are encouraged to do
You will conduct yourself as a member in a
courteous, fair and ethical manner. In the case of juristic, legal
or entities other than individuals, these terms and conditions shall
apply mutatis mutandis to all persons involved in and representative
of such entities.
You are responsible for supervising and
supporting the members you refer to Deriv-Trades and in your
commissionable downline; this responsibility lies with you to ensure
that the referred members have acquainted themselves with the terms
and conditions of Deriv-Trades. You acknowledge that you are not a
Financial Advisor (if not registered as one by the competent
authority) and that you are not entitled, qualified or allowed to
provide financial or investment advice to any person or entity.
You
agree and undertake to maintain monthly communication and support to
these members in your commissionable downline by way of any of the
following or combination thereof: Personal contact, telephone
communication, written communication and attendance at member
meetings.
You will not promote, take part or assist any other
person/s in any activity to destabilize the binary system or Bonus
Plan or to obtain any undue financial gain through activities such
as rolling deposits and/or other similar types of unethical
financial behaviour.
You undertake to keep any and all
Deriv-Trades statements private and confidential. You agree that you
will not publish any statements, profits and the like on social
media or any other platform, web site or search engine which is
subject to public consumption. You further agree that you shall not
produce, or cause to be produced, any form of other media for public
consumption, relating to statements, Deriv-Trades returns or
profits, be it print or digital.
Non Compliance –
Consequence
You understand that if you fail to comply with the
terms of this agreement or policies and procedures of Deriv-Trades,
or any part of this agreement, Deriv-Trades, at its discretion, may
terminate your membership or impose upon you other disciplinary
action, including, but not limited to the forfeiture of bonuses,
loss of all or part of your downline referral organization,
irrespective of the pending or allocated status of such bonuses.
If
you are in breach, default or violation of the agreement at
termination, you will not be entitled to receive any further
bonuses.
If this agreement is terminated for any reason, you
will forever lose your rights as a member, including rights to your
downline referral organization, and rights to Bonus pursuant to
Deriv-Trades’s Bonus Plan.
Deriv-Trades also offers
members an opportunity to earn an OPTIONAL and additional income.
The undermentioned income streams are subject to the qualification
requirements as set out herein and must be read together with the
Terms and Conditions published on the Deriv-Trades Website.
SECTION: 6
Deriv-Trades INVESTMENT LIMITED (Deriv-Trades)
SPONSOR
Any
club member can become a Sponsoring member on the condition that:
The
member accepted the Terms and Conditions as set out in this
Deriv-Trades agreement, the qualification criteria for the 5%
Referral Bonus Plan,
In case the Sponsor member do not click
the acceptance of the terms and conditions in the back office, the
member will not be able to send referral links or invite new members
to Deriv-Trades. This member will then only be qualified to partake
in the daily trading activities of Deriv-Trades.
The sponsoring
must be active and compliant member in order retain Sponsor status
and qualify for all the bonus plans.
Should a member be
investigated due to any misconduct will Deriv-Trades suspend/disable
the sponsoring member’s access to the back office and will the
sponsoring member not be able to refer any new members until
finalization of the investigation by Deriv-Trades.
Deriv-Trades
reserves the right, to reject a Sponsor application without stating
reasons.
In case of breach of the obligations listed in the
General Terms and Conditions or this Agreement shall Deriv-Trades be
entitled to terminate the Sponsor Agreement without prior
notification and with immediate effect.
Furthermore, in case of
immediate termination, Deriv-Trades expressly reserves the right to
claim compensation from the default member my means of legal action
or by setting off any loss Deriv-Trades may have suffered by:
Deducting
the amount from any bonus due and pending to the member, or;
Should
the debt not be satisfied in full through the implementation of
paragraph 3 (V) a. then Deriv-Trades reserves the right to seize and
freeze the member’s capital amount pending legal action.
STATUS OF THE SPONSOR MEMBER AS AN ENTREPRENEUR AND OBLIGATIONS
OF THE SPONSOR MEMBER
The sponsor member acts independent from Deriv-Trades.
The
sponsor member is not an employee, commercial representative or
agent of Deriv-Trades.
The sponsor member bears all risks
connected to their business activity, including bearing all business
costs in relation to their referral activities and has now claim
against Deriv-Trades for any such costs.
During its activity
the sponsor member may not harm third parties’ rights, may not
bother third parties and may not violate effective laws applicable
in its country.
In case of sending electronic marketing
materials, no unwanted electronic advertisements may be sent,
marketing faxes, text messages or marketing phone calls can be made
(even using automated call centres).
No irregular or illegal
activity may be performed, e.g. unauthorized or incorrect marketing
activity. Especially, the sponsor member may not communicate false
or deceiving data with regard to Deriv-Trades and its services.
Sponsor
members is not entitled to sell the products and services of other
companies to other members of Deriv-Trades by using the Deriv-Trades
members list as a source of prospecting.
The sponsor member is
obliged to keep the business secrets and structure of Deriv-Trades
confidential.
Deriv-Trades provides marketing and
sale-documentation controlled from all aspects for all countries
that are located in the website of the Deriv-Trades back office. It
is forbidden to use, produce and market own brochures, own product
brochures or other individually created press and marketing
materials, without the prior written approval of Deriv-Trades. This
approval may be withdrawn at any time. The services of Deriv-Trades
through the Internet may only be marketed with the use of the
marketing devices and marketing communication material provided. The
sponsor member may not publish data regarding this. In case the
sponsor member advertises the services of Deriv-Trades on other
Internet media.
The sponsor member may not sell or otherwise
propagate their own marketing and/or written documentation or
multimedia productions to other Deriv-Trades members, furthermore
they may not publish those in any way.
During its business
activity the sponsor member may not convey an impression that he is
acting as an agent or representative of Deriv-Trades and may not
convey an impression, that he depends on Deriv-Trades and follows
its orders.
The sponsor member may not take money representing
Deriv-Trades, furthermore is not entitled to make any declaration or
undertake any obligations as if representing Deriv-Trades.
During
the marketing activity, the sponsor member has to abstain from
fraudulent commercial practices. The sponsor member is expressly
obliged to introduce himself as an independent and individual
commercial member of Deriv-Trades.
The Internet sites,
letter-papers, business cards, furthermore advertisements, marketing
material and such shall indicate the sponsor member as individually
liable, and these materials have to contain the “individual business
member of Deriv-Trades” text.
The sponsor member is not allowed
to take up a loan, pay costs, undertake obligations, open a bank
account, conclude other contracts or make a declaration containing
obligations using the name of Deriv-Trades.
During its business
activity the sponsor member may not mention negatively, detractingly
or otherwise illegally the brand names of the competition, may not
evaluate other companies negatively or detractingly, furthermore may
not apply negative, despising or other illegal evaluation in order
to recruit members of other companies.
All presentations,
marketing, educational and film material provided in the back office
(including photos) is under the intellectual property protection of
Deriv-Trades. These materials may not be either partly or totally
multiplied, spread or published without the express written consent
of Deriv-Trades.
The use of the name, trade name, titles and
business names (hereinafter referred to as: ’distinguishing marks’)
is also only allowed with the prior written approval of
Deriv-Trades. The same is applicable to the registration of such
domain names and e-mail addresses that contain a characteristic of
Deriv-Trades in any form. Deriv-Trades may request, that those
Internet domain names or e-mail addresses, that contain some kind of
Deriv-Trades characteristic, and the use of which were not approved
by Deriv-Trades in writing, should be deleted, furthermore in case
of Internet domain these should be transferred to Deriv-Trades. In
case of transfer, Deriv-Trades undertakes to compensate the costs of
the transfer of the Internet domain.
Bonus manipulations are
forbidden including but not limited to rolling deposits. It is
forbidden among others to sponsor new members, who actually does not
perform business activity connected to Deriv-Trades (so-called
strawman), furthermore either open or hidden multiplied
registrations. It is forbidden to use the name of spouses,
relatives, business names, legal entities and third parties, in
order to evade this provision.
Any sponsor member who wishes to
continue their sponsor member activity on another sponsor line can
request the deletion of their position in Deriv-Trades in writing.
This request must clearly state the reason why you want to move to
another line, confirmation that your sponsor is aware of the request
and reasons for the request. Deriv-Trades will then consider the
request and provide the member with the outcome.
The sponsor
member cannot answer questions of the press in connection with
Deriv-Trades, its services, the Compensation Plan of Deriv-Trades or
other services offered by Deriv-Trades. The sponsor member is
obliged to forward all questions from the press immediately to
Deriv-Trades.
The sponsor member shall be obliged to support
and train its downline members. For example the sponsor is obliged –
including but not limited to – provide training to its personally
sponsored and spill-over members regarding the terms and conditions,
the compensation plan, security of their passwords and emails, 2FA
registration, and the use of back office. The sponsor receives no
compensation for this activity, since they receive bonuses on the
volume of their down line.
In the course of their activities,
the sponsor member cannot communicate via any means, may not
propagate in any way any content regarding their own or others’
gender, racial identity, colour, nationality, belonging to a
national or ethnic minority, mother tongue, disability, health
status, religious or world views, political or other opinion, family
status, sexual preferences, gender identity, age, social origin,
economic status, belonging to any trade associations, this includes
audio and video recordings, images, texts, computer files and codes,
websites, social media sites, hidden implications etc.
The
sponsor member must conduct business in an ethical and credible
manner and requires its downline members to deal ethically with
their customers, with each other and with Deriv-Trades.
If
Deriv-Trades determines that unethical activities may exist on the
part of the referring/sponsor member, it reserves the right to warn,
suspend or terminate the member status, including but not limited
to, all bonuses and payments of any kind.
Under no
circumstances is a sponsor member, whose membership is terminated
for unethical or illegal activity, entitled to sell or transfer
their position.
Not take part in the planning, executing,
forming, or creating a group of self-owned causally linked positions
for the purpose of gaining additional profits, commonly known as
“Stacking”. This formation is strictly prohibited.
Examples of
unethical behaviour include, but are not limited to, the following:
-
Making unapproved income claims or revealing the amount of
income you are or have received through Deriv-Trades without prior
consent from the Deriv-Trades Governing Body.
Use any of the
information in your back office or activity report in a manner to
influence another Deriv-Trades member to alter their relationship
with Deriv-Trades in any manner whatsoever.
Use the information
in your back office or activity report to compete with Deriv-Trades
in any manner whatsoever, either directly or indirectly, personally
or through an agent or third party.
Providing, selling or
revealing any customer lists and/or their contact information that
appears in your activity report or downline report to a third party.
This includes the customer lists and/or their contact information
that belongs to Deriv-Trades or appears in any other member’s
activity report or downline report.
Directly or indirectly
disclose the password or other access code to your or your referrals
back office or activity reports.
Forging any signature,
including electronic signatures on any document.
Competing with
the Deriv-Trades’s services directly or indirectly through
association with another business or through your own personal
efforts.
Aggressive or abusive language, behaviour or treatment
or any inappropriate behaviour toward any Deriv-Trades employee,
founder or another Deriv-Trades member.
Engage, promote or
encourage any activity, behaviour, scheme, abuse or conduct in order
to obtain an undue financial benefit through the compensation plan
or the bonus plan.
Sponsor members will in the course of
recruiting not make themselves guilty of:
Crossline recruiting
is not permitted. Crossline Recruiting is the recruiting/approaching
of any current Deriv-Trades member/s who is already referred and
signed up in the Deriv-Trades structure.
A member may not
solicit an individual or entity that has previously been sponsored
by another Deriv-Trades member (or who is considering joining
Deriv-Trades and being sponsored by another member) to join their
Deriv-Trades business in such member’s bonus line.
A member may
not register and fund a potential new member without their
consent/authorisation in an attempt to lock them in their
organization.
PROTECTION OF THE SPONSOR, EXCLUSION OF
TERRITORIAL PROTECTION, SPECIAL RIGHTS
A newly referred member
will be linked to the organization of the sponsor who referred that
person for the first time to Deriv-Trades (sponsor protection). The
funding of the account BY the new member shall be the indicating
factor of determining the sponsor. In case two sponsor member,
intend to indicate the same new member as sponsored, then
Deriv-Trades will only take the sponsor indicated at the first
account deposit.
The observance of the sponsor lines is the
basic principle of Deriv-Trades that is necessary for the protection
of all sponsor members.
In case a member tries to register
himself several times through a strawman, spouse, other relative/s,
trade name, or legal entity at Deriv-Trades in order to change
binary legs, or by giving false data create such a new sponsor
member relationship, it may cause the immediate termination of the
member status without warning.
Deriv-Trades is entitled to
delete the name and addresses of the sponsor member from the system,
in case mails are sent back with the following signs: ’invalid e
mail address’, or similar and the member does not correct the false
data within a 7 working days period.
Members may refer and
sponsor new members in any country where Deriv-Trades conducts
business, without exclusivity.
Members conducting business in
foreign countries must adhere to the Deriv-Trades terms and
conditions and policies and procedures governing activities in such
countries.
Members and sponsors are responsible for knowing and
adhering to all laws and accepted business practices within the
countries in which they choose to refer. This includes marketing
practices and competition laws.
PAYMENT CONDITIONS, PAYMENT
METHODS OF THE BONUSSES, TRANSFER PROHIBITION
Deriv-Trades
offers a variety of different options which allows the member to
earn income through its Bonus Plan.
Some of these payment plans
require the member and sponsor to be qualified. Qualification
requirements are defined in the Bonus Plan. It is the responsibility
of the member and sponsor to continually check and to ensure that
they are qualified for each individual bonus plan which may require
qualifications. Deriv-Trades will not be obligated compensate a
member who may fall out of qualification.
Referral bonus
payments are paid to referrers from a referee depositing his/her
bitcoin in Deriv-Trades if his/her payment has been confirmed.
Deriv-Trades reserves the right to void and recover the referral
bonus in full or part thereof should any irregularities occur within
an eight (8) week period. This measure protects the integrity of the
Compensation Plan, The Bonus Plan and the administration of
Deriv-Trades.
The payment of bonuses of the sponsor member
shall take place in the back office.
The possibilities and
qualifications for receiving bonuses are published in the
Compensation plan.
The sponsor member may not assign or offer
as security its rights resulting from the Compensation Plan.
The
Agreement may not be encumbered with the rights of third parties.
If
a members referrer withdraws his or her bitcoin deposit within
7(SEVEN) days from the date of deposit the sponsor will forfeit the
5% referral bonus.
Compliance on Early Stage Token Investing
All accredited and Unaccredited Investors are expected to do a KYC.
Both Accredited and Unaccredited Investors must notify if they are investing as an individual or Jointly.
If you are investing Jointly in the early stage Token you must clearly notify and you will be given a due process to follow. If for any reasons this option is violated and we notice, this will lead to a penalty on the defaulted account.
All Accredited Investors must provide Supporting documentation that you are an accredited investor with one of the three options below:
$1m net worth, not including primary residence, by providing brokerage statement AND full credit report
Written confirmation from lawyer, CPA, RIA or broker dealer attesting that you are an accredited investor
If you are FINRA licensed individual with Series 7, 65 or 82, please provide your CRD number
DISABLING/SUSPENSION OF SPONSOR MEMBER
Irrespective of the reasons for disabling/suspending
mentioned in the General Terms and Conditions and this Agreement
Deriv-Trades reserves the right to disable/suspend the sponsor
member due to serious reasons.
Deriv-Trades expressly reserves
the right to disable/suspend the online access of the sponsor member
to the system without deadline, in case the sponsor member breaches
the obligations mentioned in the terms and conditions and this
agreement or breaches other legal provisions or there is other
serious reason, and the sponsor member fails to terminate the breach
at the notification of Deriv-Trades within the deadline determined
by Deriv-Trades.
TERMINATION OF THE AGREEMENT, CONSEQUENCES OF TERMINATION, DEATH
OF THE SPONSOR MEMBER
This Sponsor member Agreement terminates due to the
following:
Upon the death, liquidation or sequestration of the
sponsor member, or
When the sponsor member is removed from the
system due to misconduct of any nature, or:
If the member
registration is terminated by either the member or Deriv-Trades.
The
agreement may be inherited by observing the legal conditions in the
General Terms and Conditions under Survivorship.
Following the
termination of the Agreement is it forbidden to use such Internet
domain or e-mail addresses that contain the Deriv-Trades name, or
any Deriv-Trades brand name, trade name or title.
In the case
of Internet domains the sponsor member has to hand these over to
Deriv-Trades, and Deriv-Trades pay the transfer costs should
Deriv-Trades have provided the sponsor with prior permission to use
same. If prior permission were not granted then the sponsor will be
liable for the transfer cost.
Following the termination of the
agreement by the sponsor member other than for misconduct, the
sponsor may only re-register with Deriv-Trades after the 1 month
have passed.
The sponsor member may send a request to the
e-mail address
[email protected]
deriv-trades.ltd to ask for permission re-register within one month
after termination with the indication of his future sponsor.
Deriv-Trades will inform the sponsor member via a message sent to
the sponsor member registered e-mail address about the acceptance or
denial of the request.
The sponsor member may conclude a new
registration without special written consent 6 months after the
termination of the first agreement.
Following the termination
of the agreement the sponsor member shall not be entitled to receive
bonuses from its downline structure and forfeits any right thereto
due to the cancellation of the agreement for any reason.
TRANSFER OF THE SPONSORED STRUCTURE TO THIRD PARTIES
No account shall be ceded or assigned to any third party, due
to the risk of cybercrimes. Despite any other terms and conditions
contained herein, Deriv-Trades reserves the right, in exceptional
circumstances, to change the account holder detail.
HANDLING OF WRITTEN QUERIES
The lead time of the investigation providing the basis for
the assessment of questions, requests or occurring complaints
received by Deriv-Trades in writing is 7 days.
The support
section of Deriv-Trades will deal with all queries related to the
back office and queries submitted to
[email protected]
CapitalsGLOBALFX.COM. This email address will also be the only forum
wherein queries and requests will be entertained.
Social media
requests to management of Deriv-Trades is not allowed or
permitted.
CLOSING PROVISIONS, ESCAPE CLAUSE
Deriv-Trades
shall be entitled to modify this General Terms and Conditions for
sponsor members from time to time. The modifications are published
by Deriv-Trades in the official Deriv-Trades website
www.Deriv-Trades
The modifications and amendments of this
Agreement are valid exclusively in writing.
In case any
provision of this Agreement for sponsors becomes invalid or is
incomplete, it does not result in the invalidity of the whole
Agreement, but the invalid or incomplete provision shall be
substituted with a provision that is closest to the invalid or
incomplete provision from an economic point of view. The same
applies to the termination of shortcomings demanding valid
regulation.