Terms of Referral
These Terms of Referral are effective as of 13 October 2023.
3Commas team 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 address at Laeva tn 2, Kesklinna linnaosa, Tallinn, Harju maakond, 10111 (“ 3Commas ”, “we”, “us” or “ our”).
These Terms of Referral (“Referral Terms”) govern your, (“you” or the “Client”), actions in promoting the proliferation of the Software within the circle of undetermined as well as acquainted persons.
In matters not regulated in the Referral Terms, the provisions of the Client Terms of Use shall apply. In the event of a conflict between the Referral Terms and the Client Terms of Use, the provisions of the Referral Terms shall apply. 3Commas is entitled to change the Referral Terms in accordance with Section 20 of the Client Terms of Use.
BY CREATING AND / OR SHARING THE REFERRAL LINK YOU ACCEPT THE PROVISIONS OF AND ACKNOWLEDGE BEING BOUND BY THE REFERRAL TERMS.
1. DEFINITIONS
Any capitalised terms used and not defined in the Referral Terms shall have the meaning given to them in the Client Terms of Use.
1.1 “Referrer” is a natural person or legal entity with the Client Account of the Software, that is not banned, blocked or subjected to any sanctions or limitations and who has accepted the Referral Terms and thus has expressed the intention to participate in referral program of 3Commas by attracting new clients using the Referral Link or Promo Code. In case of a legal entity, a manual approval by 3Commas is required prior to becoming the Referrer.
1.2 “Referral Link” is an automatically generated hyperlink to the Software registration scenario, personalized exclusively for the Referrer to share with potential clients for attracting new Qualified Clients.
1.3 “Promo Code” is an automatically generated code personalized exclusively for the Referrer to share with potential clients for attracting new Qualified Clients.
1.4 “Referrer Account” means a separately displayed account which becomes available to the Referrer upon acceptance of the Referral Terms and receiving funds related to your Referral Link. Funds on the Referrer Account are accounted in the equivalent of the US Dollar and accrued in accordance with Section 3 of the Referral Terms.
1.5 “Qualified Client” means a natural person and or a legal entity who has (a) successfully registered on the Software using the Referral Link or Promo Code under the Client Account settings, (b) purchased and paid for the Subscription for the Software in acceptable cryptocurrency (USDT, ETH or other listed) or in fiat currency (the latter is applicable only in case the Referrer is a legal entity), and (c) is not the Referrer herself.
2. OBLIGATIONS of the Referrer
2.1. To become the Referrer you are obligated to:
2.1.1. be a registered Client of the Software with the Client Account. Your profile on the Software shall be completely filled and contain all the requested data including contact details;
2.1.2. proceed verification procedure (AML/KYC compliance if applicable);
2.1.3. in case you are acting on behalf of a legal entity, apply to become the Referrer by contacting 3Commas and receiving the respective approval from 3Commas;
2.1.4. solicit and obtain the Referral Link in the special section of the Software named “Invite Friends”.
2.2. The Referrer may involve any person from the circle of acquainted persons to become the Qualified Client of the Software, in any way possible and in any manner not contrary by the law, making sure that such persons:
2.2.1. are of sufficient legal age to use the Software;
2.2.2. are not under the control of, or reside in, a jurisdiction that explicitly prohibits the use of similar software as the Software;
2.2.3. are aware that usage of the Software is up to their own discretion and under their own responsibility.
2.3. The Referrer shall have no authority and shall not:
2.3.1. enter into or conclude any agreements (including preliminary or verbal agreements) with any persons on behalf of 3Commas;
2.3.2. introduce yourself as an employee or partner of 3Commas;
2.3.3. enter into any collusion with other existing or potential Clients of the Software in order to gain any illegal benefit from the Referral Terms or benefits offered hereunder;
2.3.4. make any statement or give any warranty or guarantee in respect of the Software;
2.3.5. reduce, harm or diminish the reputation, image and prestige of 3Commas and/or the Software;
2.3.6. use any intellectual property of 3Commas in contrary to the licence provided under Section 9 of the Client Terms of Use.
2.4. Any new client attracted by the Referrer to the Software is considered to be the Qualified Client of the Software only if he/she had followed the Referral Link provided by the Referrer for registering the Client Account, and purchased and paid for the Subscription for the Software in acceptable cryptocurrency (USDT, ETH or other listed) or in fiat currency (the latter is applicable only in case the Referrer is a legal entity).
2.5. Other rights and obligations of 3Commas, the Referrer and the Qualified Client, are set forth in the Client Terms of Use at https://3commas.io/current-version-terms-and-conditions.
3. PAYMENT TERMS
3.1. Payment terms for a natural person as the Referrer.3Commas will pay the Referrer a fee that is calculated as a percentage of the net amount (meaning, sum without VAT) of any successful and subsequently not refunded or reversed cryptocurrency payment (for the purposes of this Section 3.1 “original payment”) for the Subscription made by the subsequent lower up to 3rd level Qualified Client, who is accepted by 3Commas to use the Software:
3.1.1. Level 1 Qualified Client means the Qualified Client attracted by the Referrer and is subjected to 25% fee;
3.1.2. Level 2 Qualified Client means the Qualified Client attracted by the Referrer's Qualified Client and is subjected to 15% fee;
3.1.3. Level 3 Qualified Client means the Qualified Client attracted by the Qualified Client of the Referrer's Qualified Client and is subjected to 10% fee;
3.2. Payment terms for a legal entity as the Referrer. 3Commas will pay the Referrer a fee that is calculated as a percentage of the net amount (meaning, sum without VAT) of any successful and subsequently not refunded or reversed cryptocurrency or fiat payment (for the purposes of this Section 3.2 “original payment”) for the Subscription made by the Qualified Client. The percentage is agreed between the Referrer and 3Commas upon 3Commas approves the legal person’s application to become the Referrer.
3.3. General payment terms.3Commas shall pay the Referrer a fee for the original payment in cryptocurrency – USDT. 3Commas may require that the Referrer sends 3Commas an invoice for the fee, in which case the Referrer shall not be entitled to the fee, unless it has sent 3Commas an invoice for the fee.
3.4. The Referrer’s fee is credited by 3Commas to the Referrer Account each month in proportion to the payments made by the Qualified Client (meaning that if the Qualified Client paid for one year’s subscription, the Referrer’s fee payments shall be made in proportion each month, taking into account the success of the payment) 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.
3.5. 3Commas is not obliged to:
3.5.1. transfer to the Referrer Account any fee for any original payment that was made in whatever currency that is not subjected to conditions of the Referral Terms;
3.5.2. transfer to the Referrer the funds accumulated on the Referrer Account in whatever currency, except acceptable cryptocurrency on request of the Referrer but on final approval of 3Commas.
3.6. With the funds on the Referrer Account, you may choose either to:
3.6.1. credit the funds to the Client Account at your request. Fees credited to the Referrer’s Client Account may be used to pay exclusively for 3Commas Subscriptions and cannot be withdrawn afterwards in full as described in the Refund Policy at https://3commas.io/refund ; or
3.6.2. withdraw the funds at your request to your external wallet. The withdrawal may be subject to limitations presented to you within the Software prior to withdrawal (for example, we may apply a minimal withdrawal amount and limit the types of external wallets the withdrawal can be subjected to).
3.7. The 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 to the fees credited to the Referrer Account as well as the Client Account and/or transferred to your external wallet.
4. Sanctions compliance
4.1.By accessing and using 3Commas’ services, you represent and warrant that you:
4.1.1. have not been included in any trade embargos or economic sanctions lists, including but not limited to:
(a) Restrictive measures of the European Union
(b) Sanctions of the United Nations
(c) Sanctions of the Government of Estonia
(d) the list of specially designated nationals maintained by Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury
(e) the denied persons or entity list of the U.S. Department of Commerce
(f) Lists of subjects to Financial Sanctions maintained by the UK Office of Financial Sanctions Implementation (OFSI),
4.1.2. your use and access of 3Commas services does not violate or circumvent international sanctions and restrictive measures established by the European Union, United Nations, United States of America, United Kingdom or other international sanctions applicable in the Republic of Estonia, and
4.1.3. are not from any countries or geographical regions currently under sanctions imposed by the European Union, United Nations, United States of America, United Kingdom, and/or any other international sanctions applicable in the Republic of Estonia.
4.2. We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in our sole discretion, the provision of 3Commas services in certain countries or regions, including those not mentioned herein.
4.3 If you become subject to international sanctions, you are obliged to immediately stop using our services and notify us.
4.4. Without prejudice to other grounds for such actions available to us, we have the right to terminate, suspend or restrict the provision of 3Commas’ services to you as well as to terminate this Agreement in case:
4.4.1. you become a subject of international sanctions,
4.4.2. providing services to you is considered a violation or circumvention of international sanctions,
4.4.3. you are according to our assessment related to a territory, area of activity, transaction or person subject to international sanctions, or
4.4.4. we apply our right referred to in Section 4.2.
