In this Agreement, the following words shall have the following meanings:
‘Foreign Currency Transaction(s)’ shall mean any foreign exchange transaction entered into on behalf of a client.
‘Active’ means partner has referred a qualifying customer within the last 365 days;
‘margin’ means the profit made by Foremost Currency Group on any completed currency transactions, net of costs.
‘effective introduction(s)’ means any introduction of a new, qualified customer by the Partner to Foremost Currency Group that Foremost Currency Group does not already have on its Database.
‘Profit’ means the sterling equivalent of (i) the Group’s revenue (amount of currency purchased by the Qualifying Customer under a Qualifying Trade less the cost of that currency to Foremost Currency Group), less (ii) any costs, expenses and fees incurred by Foremost Currency Group (as determined by Foremost Currency Group in its absolute discretion and without being required to produce evidence thereof) in acquiring and delivering the currency together with any associated services; provided however that where the Profit yields a number less than zero, the Profit will be deemed to be zero;
‘The Company’ means The Foremost Currency Group Limited, Sutton Court, Church Yard, Tring, Hertfordshire, HP23 5BB, United Kingdom. Registered in England & Wales, No.: 5544575. The Foremost Currency Group Limited is authorised by the Financial Conduct Authority for the issuing of electronic money under the Electronic Money Regulations 2011. Our FCA Firm Reference number is 900204.
- You, the partner, have conducted a thorough search in the money transfer marketplace and have chosen Foremost Currency Group not only for commission payments, but instead/also for the value we add to your clients’ experiences.
- Foremost Currency Group will pay a percentage of turnover, ‘profit’ or a combination of both to the introducing ‘active’ partner, as per this agreement. Any payments made by Foremost Currency Group to the Introducer pursuant to this Agreement shall be inclusive of all applicable taxes (including, without limitation, value added tax). The Introducer acknowledges that it shall be responsible for paying all associated taxes and national insurance contributions and making any other necessary deductions in relation to payments received from Foremost Currency Group under this Agreement for itself and its personnel.
- Foremost Currency Group will pay to the introducing partner the agreed amount on all effective introductions received by Foremost Currency Group from the partner, as per this agreement. Any payments made are Gross. The recipient is responsible for accounting for and paying any taxes to the relevant authorities, including (but not limited to) income tax, VAT and other local taxes, and by signing this agreement you confirm that these obligations have been met and will be met in respect of all payments made to you by Foremost Currency Group. For the avoidance of doubt, Foremost Currency Group does not condone tax evasion and has a zero tolerance policy in relation to the facilitation of tax evasion.
- Where the introducing partner introduces a second tier introducing partner at a lesser commission rate they will receive the differential between the two rates on the second tier customers’ trading. This payment will also be paid inclusive of applicable taxes, as per point 2 above.
- Foremost Currency Group agrees to keep true and accurate records and books of accounts containing all data necessary for the determination of the initial and ongoing commissions.
- It is a general duty on Foremost Currency Group to act at all times in good faith towards the partner.
- The parties expressly agree that should any provision contained in this Agreement be held to be invalid under any applicable rule of law it shall to that extent be deemed omitted but the remainder of this Agreement shall continue in full force and effect.
- This Agreement shall be governed in every particular including formation and interpretation in accordance with the Laws of England and Wales and will be subject to the jurisdiction of the Courts of England in respect of any proceedings arising out of or in connection with this Agreement.
- The partner has read, understood and agrees to be bound by the Foremost Currency Group Partner Content Terms in their entirety at all times. Failure to adhere to the terms will result in termination of this partner agreement. On the termination of this agreement for any reason the introducing partner agrees to return, remove, or delete all information and or content referring to, supplied by or on behalf of Foremost Currency Group.
- Foremost Currency Group reserves the right to change the terms of this agreement in which event the partner will be notified in writing.
FOREMOST CURRENCY GROUP PARTNER CONTENT TERMS
The following terms must be followed by all partners of Foremost Currency Group as confirmed in the Foremost Currency Group partner agreement.
You must respect the property rights of Foremost Currency Group. These rights include trademarks and service marks, copyright and related rights, trade names and domain names, rights to goodwill or to use in passing off and rights in confidential information.
The Foremost Currency Group logo may only be used with prior express permission from a Foremost Currency Group representative. Any unauthorised alteration to the Foremost Currency Group logo is strictly prohibited.
Partners must not use third party logos to promote Foremost Currency Group without express permission from a Foremost Currency Group representative.
Financial Conduct Authority (FCA) – The use of the FCA logo is permitted by the FCA in strictly defined circumstances only. Partners are strictly not permitted to promote Foremost Currency Group with the use of the FCA logo under any circumstances. However, partners may refer to Foremost Currency Group’s regulatory status using the following wording only: “The Foremost Currency Group Limited is authorised by the Financial Conduct Authority for the issuing of electronic money under the Electronic Money Regulations 2011. Our FCA Firm Reference number is 900204.”
All advertising or editorial design released by a partner which incorporates information regarding Foremost Currency Group must have written approval from a Director of Foremost Currency Group prior to publication.
If you wish, you may, with the prior written consent of Foremost Currency Group, send direct marketing emails promoting the Foremost Currency Group business to an opt-in subscription email list, but only where the customer has provided a valid consent for you to specifically market Foremost Currency Group products and services to them. This consent would need to meet the same criteria as ‘Consent to Contact’ below. Prior to sending any such promotional email, a copy of such email must be sent to Foremost Currency Group for approval by a Foremost Currency Group representative. It must be clear that any such email promotion has been sent by the partner and does not state or imply that the email is from Foremost Currency Group.
CONSENT TO CONTACT (REFERRALS)
New EU data privacy regulations (the GDPR) mean that we are allowed to accept a referral from you only if the person you are referring (‘the referee’) has given their consent, either verbally or in writing, for you to pass their details to us.
If you pass to us (or anyone else) details of people who have not given their consent, then you are breaking EU law and we are not permitted to contact the referee.
When you identify someone you would like to refer to us, you must ask them the following question, either verbally, in writing or by email:
‘Would it be okay for me to share your name and contact details with Foremost Currency Group so they can contact you about their money transfer service?’
We will ask the client to confirm this consent whenever we contact a client referred by you. Only if the referee confirms they gave consent will we be able to continue the conversation.
From time-to-time we may ask you to provide tangible evidence that referees have provided consent. Note that the standard for recording verbal consent is for you to keep a log of meetings where consent was captured, including the names of those present, the date, time and place.
Repeated referee rejections may indicate that referrals are unsafe and result in suspension or termination of the affiliate relationship.
Foremost Currency Group operate a strict policy for online content.
Your website should not:
- a) Promote illegal activities, violence, discrimination based on race, sex, sexual orientation, age, religion, nationality or disability or display any information or material which harasses, annoys or disrupts any third party, is unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent or infringes the rights of any other person.
- b) Under any circumstances duplicate content from the Foremost Currency Group news site (https://www.foremostcurrencygroup.co.uk/currency-news/). This includes the duplication of page titles, blog post titles and imagery.
- c) Foremost Currency Group Partners are not permitted to use the brand name as part of a domain or in a website URL, this includes misspellings and variations. Example: www.foremostcurrencygroupnews.com.
- d) Operate so as to transmit or send viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation to any person.
- e) Use or in any way duplicate any content obtained directly from the Foremost Currency Group Website. Partners are encouraged to create their own unique content to improve SEO and customer experience.
- f) Copy or resemble the “look and feel” or layout of the Foremost Currency Group Website or otherwise represent to users that your Website is representing the Company and/or the Foremost Currency Group Business.
- g) Misrepresent or embellish the relationship between themselves and the company Foremost Currency Group.
You should ensure that your website complies with all terms and conditions, and guidelines issued by Foremost Currency Group including those contained in this document.
You shall be solely responsible for the development, operation, and maintenance of your Website and for all materials and links that appear on your Website.
Any content used to promote Foremost Currency Group must first be approved by a Foremost Currency Group representative prior to publication in any form. Under no circumstances can the content appear online without approval from Foremost Currency Group.
Unauthorised copying or re-wording of the content from any Foremost Currency Group owned website is strictly prohibited. The copyright of this content is owned by The Foremost Currency Group Limited. Any unauthorised copying or re-wording will constitute an infringement of copyright and may result in termination of the partner agreement as described below.
Foremost Currency Group may in its sole discretion monitor Partner Websites and shall notify you of any aspect of your Website that the Company reasonably considers to be unacceptable with respect to the partner agreement and the Foremost Currency Group Partner Content Terms. On notification of such an infringement you agree to change your Website to remove any such unacceptable content as soon as reasonably practicable and in any event, no later than 7 days after being notified by the Company. Failure to do so may result in termination of the partner agreement as described below.
Foremost Currency Group may provide the partner with content for publication on the partner’s website(s). Content may include (but will not be limited to) market commentary, editorial design and copy, promotional copy, images, tools, widgets and data feeds. All content provided by Foremost Currency Group to partners for publication on the partner’s website(s) remains the intellectual property of Foremost Currency Group and must be removed from the partner’s website(s) if requested by Foremost Currency Group in its sole discretion, or upon termination of the partner agreement by either party.
Foremost Currency Group employs Cookies to monitor each user’s activity on the Foremost Currency Group Website. Each Cookie shall be valid for a period of 30 Days.
Partners should not optimise to appear above https://www.foremostcurrencygroup.co.uk/ in natural search listings for brand keywords.
If you operate within social environments you must communicate under your partner name so there is clarity that you are not passing yourself off as Foremost Currency Group and so customers understand you operate separately to Foremost Currency Group.
PAY-PER-CLICK / PAID SEARCH (“PPC”) RESTRICTIONS
You shall not without the prior written consent from Foremost Currency Group:
- a) Engage in any PPC advertising where such advertisements include any trade mark owned by Foremost Currency Group or its Group or any brand terms, brand permutations and misspellings.
- b) Use Vanity URL’s which include any trade mark owned by Foremost Currency Group or its Group or any brand terms, brand permutations and misspellings.
- a) Use reasonable endeavours to ensure that your advertisement does not appear above any advertisement of Foremost Currency Group that appears in response to the same search term.
- b) Not copy any element of any PPC search-listing text used by Foremost Currency Group.
- c) Perform negative match checks on Foremost Currency Group brand terms unless otherwise given permission.
You shall display your own trade mark (word and/or logo) prominently on your Website and shall ensure that a customer browsing your Website is given enough information to convey the message that your Website is not operated by or on behalf of Foremost Currency Group, including and particularly any page where you capture details that you will send to us under the affiliate scheme.
You shall ensure that any written statement promoting Foremost Currency Group displayed on your Website is written from a third party perspective. By way of example only, you should not use terms such as “our services” in respect of Foremost Currency Group services.
Foremost Currency Group grants its partners a non-exclusive, royalty-free, revocable licence to use and display the Trade Marks and Foremost Currency Group Content on your Website solely for the purpose of promoting Foremost Currency Group and creating Links to the Foremost Currency Group Website provided that such promotion of Foremost Currency Group by you is in accordance with the terms and conditions of the Partner Agreement and the Foremost Currency Group Partner Content Terms.
Nothing in this document shall grant to you any right to use any of the Trade Marks as part of your corporate or trading name and you undertake not to do so or to otherwise to hold yourself out as being an agent of Foremost Currency Group.
You acknowledge that all content on the Foremost Currency Group Website is proprietary to or licensed by Foremost Currency Group and may not be reproduced, modified, transmitted, displayed, published or distributed without the prior written consent of Foremost Currency Group. You shall comply with these terms at all times.
THE WHOLE AGREEMENT
Foremost Currency Group shall be entitled to perform ad hoc checks from time to time of Partner Websites to ensure that they are complying with all the terms of this Agreement.
Infringement of any of these terms may result in suspension of the partner from the partner agreement in which case the partner will forfeit any outstanding commission that would otherwise be due to the partner at the date of termination and any future commissions otherwise accruing.
If for any reason the partner agreement is terminated by either party, the partner agrees to remove all content provided to the partner by Foremost Currency Group from its website(s) within 7 days of the notice to terminate the Partner Agreement being delivered by either party to the other.
For more information, or further clarification on whether your activity would contravene any of the above Terms and Conditions please contact firstname.lastname@example.org