Last modified: 2020-05-09
This agreement is between you (hereinafter referred to as "you" or "your") and BingX. You access and use the BingX platform or any of its websites (https://www.bingX.com, https://bingX.pro), any service provided by the mobile application, or as described further in point 4 below, other related services (hereinafter collectively referred to as "the Service") provided by the website of BingX or any of its affiliates. It means that you confirm that you have read, understood and accepted all the terms and conditions stipulated in this Terms of Use Agreement (hereinafter referred to as the "Terms of Use"), as well as our privacy policy published on the platform. In addition, when using some features of this service, you may also need to comply with the additional terms and conditions applicable to these features.
This service agreement stipulates that users can introduce third-party users to the platform. It also explains the platform's obligation for you to refer users and your obligations to us under the referral plan provided by the platform.
1. Commitment and Electronic Signature
a. You hereby acknowledge and agree to: continue to refer to or use the main website of the platform by using and/or sharing the unique user referral code and referral registration link or address specified on the platform's main website. Analyze and provide the information about platform and/or financial products by referring potential new users to the platform's main website. Fully agree to abide by and be bound by the terms and conditions set by all platforms to supplement the applicable service terms in this service agreement.
b. To the extent permitted by applicable mandatory law, you hereby waive any rights or requirements under the laws or regulations of any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records.
2. User Referral Terms and Written Guarantee
a. You and the referee have all the necessary rights to sign this service agreement and are fully bound by it, and he/she has taken all necessary measures in this regard. The user confirms that he/she/it can sign this service agreement and obtain the approval and/or authorization and/or qualification required by local regulations, and can provide the services mentioned in this service agreement.
b. As a referrer, you must always provide the true and complete information to the platform, including but not limited to contact information, the nature of user intermediary activities carried out to introduce, explain and/or promote the financial services provided by the platform to potential users, and any other information that may be requested by the platform.
c. You or the user you refer have no right to authorize activities on behalf of BingX, nor may you impersonate BingX in any way to provide any investment advice on behalf of the platform to the users introduced.
d. The user is obliged to notify the referee of any commissions received and any other commissions related to services provided under this service agreement when necessary.
e. You may not use the platform logo in any communication, including but not limited to any business card or any electronic transmission method, unless legally authorized by the platform.
f. You and the user you refer promised that he/she shall not register a platform containing the word "BingX", and shall not register or operate a domain name whose name contains "BingX".
g. You and the user you refer declare and warrant that he/she will not place promotional materials related to the platform on any website, nor use any media or medium containing materials, including but not limited to websites that meet the following conditions: (1) Promote (including links to) pornographic materials, violent or illegal activities. (2) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. (3) Manipulate keywords to conduct searches on portals and/or search engines that conflict with platform websites. (4) Infringe the intellectual property rights of the platform by choosing the visual "appearance" or text of the main website of the platform and distorting itself as the main website of the platform, including but not limited to banner advertisements and/or text links managed from the main website or platform and the "crawled" text or images in search marketing or all other online and offline events. (5) Include "BingX" or its variants or misspellings in the user's domain name. (6) Does not explicitly provide online privacy policies to visitors of its website. (7) The platform decides whether it is offensive or inappropriate.
User must not authorize or encourage any third party: (1) Through any automatic, deceptive, fraudulent, or other invalid means (including but not limited to by repeating), directly or indirectly using online services provided by the platform to manually click, use robots or other automated tools and/or computer-generated queries, and/or unauthorized use of other search engine optimization services and/or software. (2) Edit, modify, filter, truncate, or change the order of the information contained in any part of the main website of the platform, or delete, obscure or minimize any part of the main website of the platform without authorization from the platform. (3) After clicking on any part of the main website of the platform, obscure, minimize, or prevent the complete display of any webpage accessed by the user. (4) Redirect any user outside of the platform's main website. (5) Provide any version of the webpage on the main website of the platform that is different from the pages accessed by end users directly accessing the main website of the platform. (6) Through or from any software application, website or recommendation, directly or indirectly access, initiate and/or activate access to online services provided by the platform, or combine access or referrals to online services provided by the platform. Other than its website, and only within the scope expressly permitted by this service agreement. (7) "Crawling", "Crawler", indexing or storing or caching in any non-transitory way from or has been solicited from the main website of the platform, identified as and/or referred to and/or recommended to any user of the main website of the platform or the information related to it. (8) Acting in any way that violates the various policies posted on the platform's main website; the policy may be revised from time to time, or included in any other agreement between the associated platform and the platform (including but not limited to this service agreement). (9) Spread malware. (10) After the platform terminates the service agreement with the user because the user violates the service agreement, create a new account to register the platform's user plan. (11) Engage in any actions or practices that have a poor impact on the platform or detract from or depreciate the reputation and/or goodwill of the platform.
i. Unless otherwise clearly stipulated in this service agreement, then only within the stipulated scope, users are prohibited from sending emails, SMS, MMS, or groups to promote the platform, the main website of the platform, the user plan of the platform, and/or online services provided by the platform.
j. In addition, you clearly acknowledge and agree that the platform will not participate in supporting or condoning a large number of unsolicited emails (eg, spam, desktop scrapbook) to promote the platform, the platform's main website, the platform's user program and/or online services provided by the platform. You and the user you refer also clearly acknowledge and agree that he/she will also abide by this policy.
k. You and the user you refer acknowledge and agree that any attempt to participate in or violate any of the above acts constitutes a significant violation of this service agreement, and the platform can decide to seek any and all applicable laws and fair remedies for you and the users you refer. This includes immediately suspending associated user accounts on the platform and/or immediately terminating this service agreement without prior notice, and/or seeking all available civil or criminal relief.
i. The affiliated platform further declares and guarantees its website and any materials displayed on it: (1) Comply with all applicable laws and regulations, decrees, regulations and other applicable rules. (2) Do not violate, nor violate any obligations or rights to any individual or entity, including but not limited to intellectual property rights, right of publicity or privacy, or rights or obligations under consumer protection, product liability, infringement or contract. (3) Content does not involve pornography, hatred or other acts of violence.
m. You and the user you refer acknowledge and confirm that he/she has an existing user base or influence on the audience/KOL. According to the BingX user commission table, each commission level requires active trading users. Registering as a user to generate commissions for self-service trading accounts and/or using multiple accounts as active users would violate BingX user terms and be subject to the user account ban. BingX reserves the right to make adjustments and/or delete commissions at its discretion.
n. Strictly prohibit the use of search engine marketing technology (For example, bid for the BingX brand name in any search engine), BingX reserves the right to terminate user accounts without prior notice.
o. Strictly observe and guarantee: (1) Clearly inform users of transaction risks, and refer users to register without using illegal means such as promised income and trading. (2) No false promotion, such as fictitious income charts, fictitious profit users and other illegal methods to attract users. (3) Do not use harassment promotion such as group bombing, telemarketing, traffic advertising, or Weibo private messages to maintain the platform image. (4) The platform only accepts the transfer of digital tokens (such as USDT, BTC, ETH), and cannot charge any fiat currency from users, or exchange fiat currency and digital tokens. (5) Strictly prohibit providing trading advice to users, including any form of publicity, guidance and advice. (6) Do not use referral rebates to carry out illegal arbitrage, including but not limited to self-invitation, multi-account arbitrage, brush trading users, etc. (7) Do not attract users to register through defamation, exaggeration of friends and business scandals, and create a fair and good market environment.
p. If a user has deposited without binding any referral code (including Buy Crypto) after registration, the feature of binding a referral code will not work anymore. Note: Please use the link or poster with your referral code when referring users to register.
3. User Rights and Obligations
a. Without affecting the obligations of you and the user you refer under this service agreement, the platform shall not be responsible or liable for any suggestions or decisions provided by you and the user you refer to the introduced users.
b. In order for a user to be eligible for any commission related to the referred user, all requirements specified in this service agreement must be met, and the user must ensure that the referred user uses the unique user referral link/code for the user to open an account on the platform.
c. If you and the user you refer have set up a website to promote their business development, in order to identify and determine suitable opportunities, the following features and information should be included: (1) There should be a link that directs potential users to the platform's main website. (2) Platform information and/or logos and/or slogans should be visible to potential users. (3) An accurate description of the platform products should be provided in order to provide users with specific information about the platform's financial products and services so that users can sign agreements with the platform.
d. Users must obtain approval from the platform before uploading any information or features related to the platform and its services.
e. The platform has the sole discretion to accept or reject any user introduced by you and the user you refer, and has the right to terminate the business relationship with any user at any time. All data relating to the user's account opening on the platform will be retained as the platform's exclusive proprietary property, unless the agreement clearly states that the affiliated platform has no right to obtain such information through the signing of this service agreement.
f. Subject to the terms and conditions of this service agreement, you and the user you refer agree that all referral activities to the platform for potential users must be professional, appropriate and legal in accordance with applicable rules or laws.
4. Platform Rights and Obligations
a. The platform guarantees timely payment to you for the referral commissions in accordance with the provisions of this service agreement.
b. The platform is responsible for the calculation and payment of the user's commission.
c. In the event of any disputes or user complaints, the platform reserves the right to withhold any commissions relating to the user until such issues are resolved.
d. If the platform finds that the trading activities of any user you introduce are abused, the platform reserves all rights, including but not limited to the immediate suspension or termination of the account of the associated platform, at the platform's discretion.
5. Trading Fee
a. The platform will track and report users' trading activities that are conducted through approved accounts after referral.
b. Commissions payable under this service agreement will be based on a floating percentage of the fees paid by the referred users. This fee can be viewed on the platform page at any time and increases with the total trading volume of the referred account.
c. If the platform deems any trading activity of users introduced by the user as suspicious, it may defer the payment of commissions until the relevant transactions are verified.If the platform determines the activities that constitute fraudulent traffic at its own discretion, the platform has the right to terminate this service agreement and/or recalculate or withhold commissions of the associated platform accordingly.
d. Commissions will be paid in different cryptocurrencies as stated on the platform based on the referred transactions made by the introduced users.If the transaction is made in BTC, the platform will pay the commission in BTC. If the transaction is made in ETH, the platform will pay the commission in ETH, and so on.The payment will be credited to the user's account, which was already registered when registering the user plan. The platform reserves the right to use other payment methods at its discretion.
e. No commissions will be granted to users who fail to strictly comply with this service agreement or its incorporated guidelines (if applicable), including possible subsequent modifications and amendments. It is the user's sole and absolute responsibility to strictly abide by this service agreement and the guidelines contained therein at all times.