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Introducing Broker Agreement

Introducing Broker Agreement (henceforth referred to as “the Agreement”) is made between GAINSY.COM. (henceforth referred to as “the Company”) and Introducing Broker (henceforth referred to as “the IB partner”).

  • The terms and conditions of this Agreement shall become binding for each Company IB partner.
  • This Agreement contains all the terms and conditions that shall regulate the relations between the Company and the IB Partner.
  • The Agreement shall enter into force from the moment the IB partner completes the registration and shall remain valid until the termination of the Client Agreement.
  • Please note that the Company reserves the right at its sole discretion to revise, modify, change or remove clauses of this Agreement at any time. Please check periodically the terms and conditions of this Agreement on Company website.
  • The Company reserves the right under its sole and absolute discretion to reject the registration of any entity or person to GAINSY IB Program, including the case if such entity is a person under the age of 18, a citizen of a country subject to United Nations Sanctions or is suspected of fraudulent activities.
  • The Company may provide a client with this Agreement and/or any other documentation and information in various languages.

1. General Terms

1.1. The Company and the IB partner undertake obligations to adhere to the terms and conditions of the Agreement.

1.2. The IB partner undertakes rights and obligations hereinafter set forth. The IB partner agrees to acquire clients to the Company acting in his name.

1.3. The IB partner acknowledges that all clients acquired to the Company are the clients of the Company.

1.4. The Agreement is written in English. The Company may provide the client with the translation of the present Agreement into the language needed on demand. English version of this Agreement is to be of prior importance, the translation may be provided only for the convenience of the client.

1.5. To become an IB partner a client must:

   1.5.1. Register on the Company website GAINSY.COM

   1.5.2. After registration the IB partner receives a personal referral link, which is available in User Profile on GAINSY.COM

1.6. In order to complete the registration the IB partner shall provide the following documents:

   1.6.1. High-quality scanned copy of ID documents confirming identity and citizenship, as well as VAT identification number in case if the IB partner is an individual.

   1.6.2. High-quality scanned copy of company registration documents and statements in case if the IB partner is a corporate entity.

1.7. The Company has a right to request confirmation of any information provided by the IB partner during the registration.

   1.7.1. In case if any information provided by the IB partner during the registration changes, the IB partner should inform the Company about these changes and request the Company to update the information.

   1.7.2. The IB partner shall be responsible for the authenticity of the ID documents provided. In case if the ID document appears to be a forgery, the Company shall be entitled to bring the IB partner to justice pursuant to the current legislation of the country where the ID document was issued.

1.8. From the moment the terms and conditions of the Agreement are accepted, the IB partner has a right to:

   1.8.1. Carry out advertising campaigns in the interest of the Company.

   1.8.2. Implement marketing and advertising campaigns directed towards the acquisition of new clients to the Company, provided that such events are legal in the country where they are held.

   1.8.3. Provide the clients with all the necessary information about the Company, including the Company address and contact information, as well as general conditions of services provided.

   1.8.4. The IB partner has a right to use promotional materials provided by the Company such as banners, text links, landing pages etc. The IB partner may use the banners with the Company logo provided on the top website menu "Partners" and/or his personal referral link. The Referral Link may be encrypted.

2. Rights and obligations of the IB partner

2.1. By executing the registration on GAINSY.COM the IB partner confirms that he accepts all the terms and conditions set out in the Agreement. The IB partner acknowledges the fact that the Company has a right to modify the terms and conditions of the Agreement unilaterally.

2.2. The IB partner agrees to acquire new clients to the Company under terms and conditions set by the Company.

2.3. The IB partner accepts terms and conditions regarding funds withdrawal and commissions charged that are specified in the Client Agreement.

2.4. The IB partner is prohibited from using any fraudulent methods, such as threatening, blackmailing etc. to acquire new clients to the Company.

2.5. The IB partner is obliged to get acquainted with the services provided by the Company on his own and inform clients about important changes in time.

2.6. The IB partner is obliged to warn a client on risks related to currency trading on foreign exchange market.

2.7. The IB partner is obliged to solve those problems that clients may face while trading on foreign exchange market. In case if the IB partner does not manage to solve the above mentioned problems on his own, the IB partner is obliged to contact the Company and provide all the necessary details.

2.8. The IB partner shall not give any recommendations or advice to a client regarding conducting trading operations. Otherwise, the Company shall not be responsible for the consequences of such recommendations and advice.

2.9. The IB partner is not permitted to conduct trading operations on his own account.

2.10. It is prohibited for the IB partner to get IB commissions from his own accounts and those owned by his close relatives in case if the partner is an individual; as well as from private accounts of founders or accounts of their close relatives in case if the partner is a legal entity.

2.11. In case it is detected that IB partner uses documents of the third parties with the purpose of getting IB commissions, then the Company has the right to block all such accounts including personal account of this IB partner without any right of further renewal.

2.12. The IB partner shall not disclose information received from the Company during the collaboration period and data the present Agreement contains to any third parties.

2.13. It is forbidden for the IB partner to use the following types of advertisement:

   2.13.1. Advertisement on websites that contradict the laws of the country where the IB partner is located.

   2.13.2. Advertisement on websites content of which is contrary to current legislation, morality, public order, good faith or is defamatory, aggressive, obscene, offensive, violent or incites violence, racist or xenophobic, or in general which is illegal or violates a person's rights and/or physical and/or moral integrity.

   2.13.3. Spam.

   2.13.4. Advertisement containing false information.

   2.13.5. Any other advertisement that may affect adversely the high image, credibility or reputation of the Company or any other dishonest advertising methods.

2.14. The IB partner is prohibited from organizing monetary relations with clients (including receiving money, payment or banking cards, etc.).

2.15. The IB partner certifies and agrees that he shall act in accordance with all applicable Anti-Money Laundering laws.

2.16. The IB partner is obligated to inform the client of the need to protect the security and confidentiality of account and login information and of the necessity of not disclosing such information to any third parties. The Company shall not be responsible for the unauthorized use of clients account information by any third parties.

2.17. The IB partner shall be responsible for the accuracy of the client registration form and the authenticity of the data provided by the client.

2.18. The IB partner allows the Company to use contact information provided during the registration, such as email address and other information specified in order to send the letters and proposals.

2.19. The IB partner agrees that the Company may unilaterally terminate and change terms and conditions of the Agreement without explanation.

2.20. The IB partner is not entitled to do the following: publish any negative comments (essays, letters) concerning the Company in any newspapers, magazines or other periodicals, blogs, Internet forums or other web-resources that may affect adversely the high image, credibility or reputation of the Company. In case if the IB partner uses his own web-resource so that to acquire clients, the content of the web-resource regarding the Company shall be approved by the Company.

2.21. In case if the Company detects that the IB partner has been involved in activities described in clause 2.20 of the Agreement, the Company is entitled to reject the IB partner request for funds withdrawal and to block his account, as well as inform the regulatory authorities of the country where the IB partner is located.

2.22. The IB partner is prohibited from using GAINSY Brands in any way or manner whatsoever, including but not limited to the words “GAINSY” spelled in any possible way (including with typos, spaces, signs, symbols or in any other way). Such forbidden use of the GAINSY Brands includes the use of such words/trademarks in the affiliate advertisements or in any part therewith, in the displayed URL and/or in the destination URL.

2.23. The IB partner shall only deal with third parties as a client of the Company. The IB partner shall not use the Company name, Company logo, etc. anywhere, including promotional materials, letterhead and business cards, advertisements and publications without the Company’s prior consent, with the exception of the case described in clause 1.8.4. of the Agreement.

2.24. The IB partner shall respect the confidentiality of the Company business and is prohibited from disclosing any confidential information or any information related to the Company business for five years after termination or cancellation of the Agreement.

2.25. The IB partner guarantees the precise performance of the above mentioned obligations.

3. Acquired Clients

3.1. A client is registered and referred to those clients that the IB partner has acquired in case if the client clicks on the personal referral link of the IB partner leading to the Company’s official website and fills in the registration form to open an account.

3.2. A client shall be considered as the acquired by the IB partner under the condition that the client has not previously registered as the client of the Company.

3.3. The IB partner shall not be entitled to refer his close relatives in case if the IB partner is an individual, or close relatives of the founders in case if the IB partner is a legal entity. The IB partner shall not be entitled to refer his own accounts.

3.4. Account owned by the IB partner and those owned by his close relatives if the partner is an individual, as well as private accounts of founders or accounts of their close relatives if the partner is a legal entity shall not be considered as those that the IB partner has acquired.

3.5. Accounts detected to be registered by the IB partner himself in order to get money through dishonest means shall not be considered as those that the IB partner has acquired. In case if such violation of the terms and conditions is detected the Company is entitled to terminate the Agreement and to block the IB partner account.

3.6. The IB partner himself, his relatives or any other affiliated parties shall not be considered as the clients acquired by the IB partner. In case if any data of the IB partner coincides with the data provided by any acquired client (such as ID data, address, telephone number, email address, IP address, etc.), such client shall not be considered as the acquired one and shall be removed from the IB client list. In such a case affiliate commission credited for this client will not be paid.

3.7. In case if trading is led from the same IP address, then the accounts using this IP address shall be considered as one active account. Should the IP address of a client be the same as that of the IB partner, then they shall be considered affiliated and the commission credited for this client will not be paid.

4. Rights and obligations of the Company

4.1. In case if the IB partner fails to perform any obligations under the Agreement, the Company is entitled to terminate this Agreement.

4.2. The Company reserves the right to take legal actions against the IB partner in the event the IB partner shall attempt to manipulate the Company and/or the Trading Platform and/or abuse the IB Program. The Company reserves the right to withhold and/or deduct from any payment to the IB partner in the event of such manipulation and/or abuse.

4.3. The Company reserves the right under its sole discretion to reject the registration of any entity or person to the IB Program, including the case if such entity is involved in fraudulent activities or a citizen of a country subject to United Nations Sanctions, including Afghanistan, Cote d'Ivoire, Democratic Republic of the Congo, Democratic People's Republic of Korea, Eritrea, Iran, Iraq, Lebanon, Liberia, Libya, Somalia, Sudan.

4.4. In case if the IB partner appears to belong to one of the categories described in clause 4.3 the Company is entitled to terminate the Agreement and to block the IB partner account.

4.5. In case if any activities conducted by the IB partner are contrary to international law, morality, public order, good faith etc., the Company has a right to terminate the Agreement and to block the IB partner account.

4.6. The Company shall pay the affiliate commissions from all trades made by the clients acquired by the IB partner, regardless of the fact whether the clients gained any profit or not.

4.7. The Company shall open accounts for clients acquired by the IB partner.

4.8. The Company shall enable clients to conduct trading operations providing them with logins and passwords.

4.9. The Company shall maintain a record of all trading operations made by the clients.

4.10. In case if the IB partner fails to perform any obligations under the present Agreement, the Company has a right to exclude clients from his client list.

4.11. The Company is responsible for calculations of the affiliate commissions. In case if the IB partner wishes to check the calculations, the IB partner may request his clients to provide the necessary statements. The Company shall not provide such statements on client transactions at its sole discretion.

4.12. The Company agrees to pay affiliate commissions to the IB partner in accordance with Appendix 1 of the present Agreement.

4.13. The Company determines the method of commission calculation at its sole discretion.

4.14. In case if orders on the account of a referred client are detected violating GAINSY general regulations, the rules of the bonus system; if commissions are charged from allegedly fraudulent accounts; or if clients are found using strategies aimed at deriving profit from affiliate commissions and rebates to the detriment of the main trading (including but not limited to cases when this strategy is a part of the common strategy of a client account and an affiliate account), the Company reserves the right to cancel the commissions from such accounts and exclude such IB partners from the affiliate group.

4.15. Neither Party hereof shall be held liable for the complete or partial failure to fulfill its obligations in case if this failure results from a force majeure event or circumstance (including but not limited to fire, earthquake and other natural disasters, war or other military operations, blockades, government regulations and other extraordinary and unavoidable circumstances beyond either Party’s control).

4.16. Under the above mentioned circumstances the Party that fails to fulfill its obligations is obligated to inform the other Party through written notification within five business days from the moment of their onset and cessation.

Appendix 1. Affiliate commission calculation

    1. The Company shall pay the IB partner 1% equal to deposit amount of each client that was acquired by the IB partner to the Company.
    2. The above mentioned amount of funds shall be credited to the IB partner account immediately as soon as the acquired client deposits his account. This amount shall be displayed in User Profile on GAINSY.COM
    3. The Company shall pay the IB partner a certain percentage from 40% to 75% from commission. This percentage is determined by the amount of funds that the IB partner has acquired to the Company. The round-turn commission is $4 per lot. The percentage is calculated according to the table attached below.
    4. The calculation and crediting of the commissions shall be made on a monthly basis and shall be calculated within the first 5 days of each calendar month.
    5. Any other payments are possible only in case if the Company and the IB Partner agreed it in an additional arrangement.

  Amount of funds acquired, $  

 Percentage on commission, % 

to 10,000 40
10,001 – 25,000 45
25,001 – 50,000 50
50,001 – 100,000 55
100,001 – 250,000 60
250,001 – 500,000 65
500,001 – 1,000,000 70
1,000,001 and more 75
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リスクについて:FX取引には高いリスクが伴います。高いレバレッジ、低いマージン、そしてFX市場の変化により相当な損失につながる可能性があります。GAINSY社のお客様は、市場でのポジションを高めたり、制御するための全ての初期資産、追加資金を全て失う可能性があります。あなたもFX取引を通じて投資資金全額、またはそれ以上の額を失う可能性があります。従いまして、損失の許容範囲を超える投資は行わないで下さい。通貨取引は、関連する経済的、法的、および他のリスクを理解、許容し金銭的損失に耐えることのできる方にのみに適しています。FX取引に関連する損失のリスクは無視できません。FX取引を開始する前にくれぐれも取引に関する財政状況についてご検討ください。

Funds investing in PAMM Accounts and their further usage do not guarantee profitability. The Company provides its clients with PAMM Account service, but is not involved in the Offer and does not manage clients' funds. Through PAMM Accounts the Company regulates interactions between Manager and Investors, which includes funds acceptance and return, PAMM Accounts monitoring, distribution of Manager’s and Investors' funds.

Please, pay attention, the Company does not provide its services to the citizens of the U.S. and some other jurisdictions. Please, see Client Agreement for more information.

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