Referral Agreement
These Terms of Use are effective as of October 25, 2018.
3Commas team (the “3Commas”) manages online software as a service including website located at https://3commas.io, 3Commas mobile application(s), application program interface(s), all together or each separately are referred to as the "Software", and provides online services and technical support.
3Commas team is represented by 3Commas Technologies OÜ – a limited liability company incorporated under the laws of the Republic of Estonia with registration code 14125515 and registered office at Telliskivi 60a/8, Tallinn, Estonia, 10412. 3Commas is also referred to as “we” (“us”, “our”).
WHEREAS that you have registered an account on the Software and expressed your interest and intention to promote the proliferation of Software within the circle of undetermined as well as acquainted persons, 3Commas kindly invites you to conclude this this Referral Agreement (“Agreement”) on the terms and conditions provided below.
BY ACCESSING YOUR REFERRER ACCOUNT AND BY CREATING REFERRAL LINK YOU UNCONDITIONALLY ACCEPT ALL THE PROVISIONS OF THIS AGREEMENT.
1. DEFINITIONS
“Referrer” in definition of the Terms is a natural person, the existing registered and active Client of 3Commas, not banned, blocked or subjected to any sanctions or limitations, who have accepted this Agreement and thus hereby have expressed the intention to participate in referral program of 3Commas by attracting new Clients using Referral Link, also referred to as “you” (“your”).
“Referral Link” is automatically generated hyperlink to the Software registration scenario, personalized exclusively for Referrer for attracting new Qualified Clients.
“Personal account” means prepaid account in the Software that is used for accounting and displaying operations on incoming credit payments for further debits for Software services.
“Referrer account” means special account which becomes available to the Referrer upon acceptance of this Agreement and since it becomes activated by 3Commas. Funds on the Referrer Account are accounted in the equivalent of the US Dollar and accrued in accordance with section 3 of this Agreement.
The “Client” definition corresponds to the “Client Terms of Use” conditions at https://3commas.io/terms-and-conditions (You are kindly asked to read it carefully).
“Qualified Client” mean a natural person who have (a) successfully registered on the Software using Referral Link, and (b) purchased and paid for subscription for the Software in acceptable cryptocurrency (USDT, ETH or other listed).
2. OBLIGATIONS
a. To become a Referrer you are obligated to:
i. be a registered Client of the Software. Your profile on the Software shall be completely filled and contain all the requested data including contact details;
ii. proceed verification procedure (AML/KYC compliance if applicable);
iii. solicit and obtain Referral Link in the special section of the Software named “Invite Friends”.
b. Referrer may involve any person from the circle of acquainted persons to become a Qualified Users of the Software, in any way possible and in any manner not contrary by the law, making sure that such persons:
i. are of sufficient legal age to use the Software;
ii. are not under the control of jurisdiction that explicitly prohibits the use of similar software;
iii. are aware that usage of the Software is going at their own discretion and under their own responsibility.
c. The Referrer shall have no authority and shall not to:
i. enter into negotiations with or obtain orders from on behalf of 3Commas;
ii. enter into or conclude any agreements (including preliminary or verbal agreements) with any persons on behalf of 3Commas;
iii. introduce yourself as an employee or partner of 3Commas;
iv. enter into any collusion with other existing or potential Clients of the Software in order to gain any illegal benefit from this Agreement;
v. make any statement or give any warranty or guarantee in respect of the Software;
vi. reduce, harm or diminish the reputation, image and prestige of 3Commas and/or the Software;
vii. place or publish any ads with branded keywords (“3Commas”, “3Commas.io”, “three commas” etc).
d. Any new Client attracted by the Referrer to the Software is considered to be a Qualified Client of Software only if he had followed the Referral Link provided by the Referrer when performed registration procedure.
e. 3Commas shall have right on its sole discretion to:
i. add or remove any part or feature of the Software;
ii. change the price or specification of any constituent of the Software;
iii. enter or not to enter into an arrangement with any potential Client (incl. Qualified Client) without explaining the reason;
iv. temporarily suspend or permanently cancel this Agreement, Referral Account and stop all related settlements, if there is a reasonable suspicion of a breach of the agreement by Referrer.
f. Other rights and obligations of 3Commas, as well as the Referrer (being a priori the Client), are set forth in Client Terms of Use at https://3commas.io/terms-and-conditions.
3. PAYMENT TERMS
a. 3Commas will pay the Referrer a fee that is calculated as a % of the amount of any successful and subsequently not refunded or reversed payment (‘origin payment’) made by the subsequent lower up to 3rd level Qualified Client, who is committed by 3Commas for using the Software:
i. Level 1 Referral means Qualified Client attracted by the Referrer and is subjected to 25% fee;
ii. Level 2 Referral means Qualified Client attracted by the Referrer's Referral and is subjected to 15% fee;
iii. Level 3 Referral means Qualified Client attracted by the Referral of the Referrer's Referral and is subjected to 10% fee;
b. 3Commas will pay the Referrer a fee for the origin payment made only in acceptable cryptocurrency – USDT, ETH or other listed on the Software.
c. The Referrer’s fee is credited by 3Commas to Referrer Account in the amount converted from original cryptocurrency to US Dollars equivalent at the rate of 3Commas and at the moment of such credit transaction processing.
d. 3Commas is not obliged to:
i. deposit to the Referrer Account any fee for any origin payment that was made in whatever currency that is not subjected to conditions above;
ii. transfer to Referrer the funds accumulated on Referrer Account in whatever currency, except acceptable cryptocurrency on request of Referrer but on final approve of 3Commas.
e. Funds on Referrer Account may be credited to Personal Account at the Clients’s request. Fees credited to Referrer’s Personal Account may be used to pay exclusively for Software services and shall not be withdrawn afterwards in full accordance with 3Commas Refund Policy at https://3commas.io/refund.
f. Referrer shall be responsible for the reporting, collection, remittance and payment of any or all taxes, charges, levies, assessments and other fees of any kind imposed by governmental or other authority in respect of fees credited to his Referrer Account as well as Personal Account.
4. MISCELLANEOUS
a. 3Commas may impose additional requirements and conditions, modify the payment amounts, or otherwise modify this Agreement by posting an update on the Software at any time by its sole discretion.
b. This Agreement shall exclusively be governed by and construed in accordance with the laws of the Republic of Estonia. Unless regulating law compels differently, all disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of Tallinn, Estonia, unless the dispute can be settled by negotiation.
c. The invalidity or unenforceability of any provision of these Agreement shall not affect the validity or enforceability of any other provision of these Agreement. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
d. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement, in which case the terms “you” and “your” shall refer to such entity and its affiliates and not to you personally. If you do not have such authority you must not accept this Agreement.
