Affiliates must operate their sites in compliance with the General Data Protection Regulation2016/679 (GDPR), as well as any local regulation governing electronic communications.
Affiliates must comply with local advertising rules and guidelines defined by Advertising authorities (e.g. ASA for United Kingdom residents).
The following types of sites or site contents are prohibited from entering the Affiliate Program. Sites may be removed from the program after initial approval if their content is found to be in violation of those guidelines:
Sites containing sexual content, banners, or advertisements:
- Pornographic sites, adult goods, excessive swimsuit or underwear models, dating sites, webcam sites.
- Shock sites or sites that express or depict actions that go against public morals
- Spoofing sites or sites that impersonate other corporate sites or public institutions
- Websites that contain illegal content
- Sites where files or other items that are subject to intellectual property rights are downloadable or sold without the permission of the rights holder
- Sites that violate copyright and/or intellectual property rights or laws
- Sites that bring harm to minors in any form
- Sites that impersonate third parties
- Any site that we determine to not fit within social norms at our own discretion
- Sites containing links to other sites that contain any of the following content.
- Discrimination (race, ethnicity, gender, religion, sexual orientation, age, disability, etcetera)
- Slander, harassment, blackmail, hate mongers, illegal acts or illegal content
- Obscenity, pornography (visual, audio, written descriptions, et cetera)
- Sale, import, export or use of illegal substances
- Illegal raffles, illegal lotteries, illegal contests
- Illegal business activities such as pyramid schemes, multilevel marketing, or other scams
Notes for Existing Participants
You are responsible for the maintained eligibility of your sites' contents even after their initial approval in the Affiliate Program.
The following are examples of prohibited items.
- Placing the Affiliate link on a different site than the one reviewed and approved by bitFlyer
- Modifying the link or the affiliate ID for any reason
- Distributing the link to users who have not visited the affiliate site or given consent to receive it (spam)
- Using the affiliate link as a redirect for paid search campaigns (Google Adwords, Microsoft Bing)or social media advertisement
- Using bitFlyer’s corporate name, brand names in the domain or URL of the affiliate site
- Requesting or incentivizing fraudulent clicks, including but not limited to giving back a share of the affiliate's own commissions in exchange for any activity on the bitFlyer site
- Simulating visits to the bitFlyer site by manipulating redirects and/or cookie information
- Creating alternate accounts using one's own Affiliate link
- Engaging in fraud or illegal activities
- Making illegal orders or applications through the Affiliate link
- bitFlyer may declare any actions worthy of disqualification for our Affiliate Program at our own discretion
bitFlyer EU Affiliate Agreement
This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between us, bitFlyer EUROPE S.A (“bitFlyer”, “us”, or “we”) and you, regarding your application to and participation in, the bitFlyer Affiliate Program (the “Affiliate Program”) as an affiliate of bitFlyer (an“Affiliate”), and the establishment of affiliation links to our website, https://bitflyer.com/en-eu
A. The purpose of these bitFlyer affiliate programme terms (these “Terms”) is to set out the terms on which Affiliates may refer new customers to bitFlyer and receive payment for the same by properly advertising the Site through legitimate methods.
B. By signing up via the Signup Page you, as the Affiliate, agree to abide by these Terms and will be automatically accepted onto the Programme. bitFlyer reserves the right to withdraw Affiliate status at anytime after you have been accepted onto the Programme for any reason that bitFlyer deems relevant and your automatic enrolment as an Affiliate into the Programme does not mean that bitFlyer has specifically approved you as an Affiliate or any website used to promote bitFlyer.
C. These Terms contain the complete terms and conditions that apply to the Affiliate’s participation as a member of the bitFlyer Affiliate Programme and constitute the entire agreement between bitFlyer and the Affiliate. Any pre-existing agreement or arrangement between bitFlyer and the Affiliate shall be terminated forthwith upon entering into these Terms.
D. This Programme is separate to and distinct from bitFlyer internal referral programme.
E. These Terms are at all times subject to Impact’s Terms and Conditions, which can be found at HERE and as may be updated from time to time or replaced by Impact.
- “Administration Screen” shall refer to the bitFlyer website for the Affiliate Program which allows Affiliates to view their entitled compensation and other related Services
- “Affiliate” shall mean the business, individual, or entity applying to or participating in the Affiliate Program, or that displays bitFlyer’s Services and/or promotions on its website, or other means, using an Affiliate tracking link in exchange for receiving acommission from bitFlyer for customers or traders from such display andAdvertisements.
- “Affiliate Sites” shall refer to the Internet web pages or e-mail newsletters operated by registered Affiliates on the Affiliate Program.
- “Affiliate System” shall refer to the web servers, computer programs, software, andother related services or programs that collectively form the Program.
- “bitFlyer Entities” shall refer to bitFlyer Japan, bitFlyer Europe and bitFlyer U.S.A collectively.
- “Confidential Information” shall refer to any material non-public information obtainedby Affiliates in connection with this agreement and/or the Affiliate Program andincludes but is not limited to technical, sales, business, financial, organization, andother information of bitFlyer provided or disclosed to, or otherwise obtained by, Affiliates, whether in writing, orally, or through recorded media or other formats.
- “Dispute” shall refer to any dispute, claim, or controversy regarding any Service, whether based in contract, statute, regulation, ordinance, tort, including but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence, or any other legal or equitable theory, including the validity and enforceability of this Agreement.
- “Performance” shall refer to actions, including but not limited to user purchases, requests for literature, and banner clicks stipulated by the Company and registered on the Affiliate System.
- “Referred Customer” shall mean each new and unique customer referred from Affiliate through the tracking link that provides valid account information.
- “Services” shall refer to the bitFlyer trading platform and all services that are available from bitFlyer.
- “Third Party” shall refer to any person or entity not registered as an Affiliate on the Affiliate Program.
- To be eligible to register as an Affiliate for the Affiliate Program, individuals must beat least eighteen (18) years of age.
- The affiliate account must be created by the affiliate through the Impact registration link.
- By signing up via the Signup page the Affiliate acknowledges that they have read these Terms, understand them and agree to be bound by them.
- Bitflyer is entitled to vary, amend or cancel the programme and these Terms without giving notice to the Affiliate. Bitflyer may make any such change by publishing revised terms on the site in addition to or in place of these Terms
3. Refusal of Registration
1.bitFlyer reserves the right, at its sole discretion, to refuse registration without limitation, to anyone who is:
- Affiliated with and/or participating in criminal activities and/or with organizations who are engaged in criminal activities, and/or persons who had previously been affiliated with and/or participated in the same.
- Previously subject to forced withdrawal procedures on the basis of using fictitious credentials including, but not limited to, incorrect name, address, telephone number and/or bank details.
- Affiliated with other persons whom bitFlyer determines to be inappropriate to register.
2.bitFlyer reserves the right, at its sole discretion, to refuse the registration of Affiliate Sites for any reason without limitation, to:
- Sites containing content or expressions that are criminal in natureand/or a risk to the public
- Sites containing content or expressions that run the risk of infringing on copyright and/or other intellectual property rights.
- Sites containing content or expressions that run the risk of libeling other parties and/or infringing on rights that include but are not limited to rights to privacy and likeness.
- Sites engaging in pyramid schemes, multi-level marketing, network businesses, and/or other introduction-based methods.
- Sites intended for use only by friends, family, or specific parties with a relationship with the Affiliate
- Sites containing content or expressions in violation of applicable laws, statutes, and regulations
- Sites that are only accessible by specific users, such as using an ID number, password, et cetera.
- Sites containing content in violation of the bitFlyer EU Affiliate Guidelines.
- Sites containing links to any sites with content of the above.
- Affiliates may apply to withdraw from the Affiliate Program at any time by completing the withdrawal procedures specified by bitFlyer.
5. Advertisements and Promotion of Our Affiliate Relationship
- The Affiliate may place bitFlyer advertisements on a location of their choosing and/or on their Affiliate Sites, so long as they adhere to the terms within paragraph3.2. above.
- As an Affiliate, bitFlyer will make available to you a tracking link (“Link”). The Link will serve to identify your website and/or your membership to the Affiliate Program and will establish a link from your website, email, or otherwise, to the bitFlyer website.
- The Affiliate agrees to cooperate fully with bitFlyer to establish and maintain the Link.
- Any use of the Link must follow this Agreement at all times.
- bitFlyer reserves the right, at its sole discretion, to modify the Link from time to time, where it is deemed necessary to do so.
- All Affiliate Sites shall display the Link prominently in relevant sections of their website.
- All Affiliate Sites shall not use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer’s knowledge.
- Except as permitted herein, Affiliates shall not and are not authorized to use the bitFlyer trademark, name, or any of bitFlyer’s other intellectual property, including without limitation:
- The Links and all licensed materials, including any variations or misspellings thereof or other term or terms confusingly similar to any ofthe foregoing.
- The bitFlyer IP in a domain or website name, in any bids for keywords or google adwords and metatags, or similar programs with other search engines, or in any search engine advertising, paid or otherwise, keywords, advertising, search terms, code or otherwise.
6. Approval of Deliverables
- Prior to the receipt of Affiliate compensation in line with Article 7 below, any and all Affiliate Performance shall be approved by bitFlyer who has sole discretion to determine whether the Performance shall qualify as Deliverables approved for compensation.
7. Compensation and Payment
- Compensation and its amount shall be determined by bitFlyer and can be confirmed on a menu after logging in to the Administration Screen.
- Compensation shall be paid in EUROs.
- All commission shall be paid by impact, in accordance with Impact’s Terms and Conditions, into the bank details provided by the affiliate on Impact.
- Where the Affiliate withdraws from the Affiliate Program, bitFlyer shall pay directlyinto the Affiliate’s provided account the total outstanding unpaid and undisputed compensation amounts the fifteenth (15th) business day of the following month.
- In the event bitFlyer closes the Affiliate’s account form bitflyer affiliate programme, any outstanding compensation shall be terminated at the time of closure.
- In the event that a Referred User initiates a chargeback, all Commission payments outstanding will be void.
8. Personal Information
- Affiliates shall use Confidential Information solely for the purposes of the Affiliate Program and shall not disclose, provide, or leak any Confidential Information to Third Parties without prior written consent from bitFlyer.
- Notwithstanding the terms of paragraph 9.1. above, Affiliates may disclose Confidential Information where ordered to do so and/or required to do so by law, a court, or an administrative authority. Where there is an order or request, the Affiliates hall immediately notify bitFlyer of such.
- Where requested by bitFlyer, Affiliates shall follow instructions without delay to return and/or dispose of Confidential Information, documents containing or listing Confidential Information, and all other recording media containing Confidential Information.
- The Affiliate agrees that any notification sent by bitFlyer to the Affiliate are deemed to have been received by the Affiliate at the time the notification was sent to the Affiliate’s registered e-mail address.
11. Transfer of Rights and Obligations
- The Affiliate shall not assign the Agreement, or any of its rights or obligations hereunder, without bitFlyer’s prior written consent. Any attempted assignment or transfer in violation of this Article will be null and void. Subject to the foregoing restrictions, the Agreement will insure to the benefit of the successors and permitted assigns of the parties.
12. Use of the Affiliate Program by Third Parties
- Where a Third Party attempts to use the Affiliate Program using a registered Affiliate’s information, bitFlyer shall treat this as activity undertaken by the Affiliate.
- bitFlyer waives all liability for damages sustained by the Affiliate from such Third-party activity. The Affiliate is responsible for the protection of their credentials from the unauthorized use by Third Party.
- bitFlyer makes no warranties to Affiliates for the entitlement to receive a set or fixed amount of compensation. The Affiliate Program is provided as-is and bitFlyer makes no warranties as to its suitability for specific purposes, commercial viability, completeness, continuity, and otherwise.
- In the event an Affiliate and/or Third Party obtains information from bitFlyer, whether directly or indirectly, including but not limited to, information about the Affiliate Program, the bitFlyer website, and/or other Affiliates, bitFlyer makes no warranty beyond those expressly provided for in this Agreement.
- Affiliates shall bear full responsibility and expense to ensure full compliance with applicable laws, regulations, statutes and internal industry regulations as well as other restrictions regarding the use of the Affiliate Program. bitFlyer makes no warranties as to the legality or legal compliance of the use of the Affiliate Program.
- The Affiliate shall be held as solely responsible for any damages to bitFlyer from any Third Party claims, including but not limited to, direct and normal damages, loss of business opportunities and any other indirect damages, and/or special, ancillary, or consequential damages.
15. Changes to Affiliate Data
- The Affiliate shall always maintain their registered information with bitFlyer affiliate programme as up-to-date and accurate.
- bitFlyer shall not be responsible for any delayed compensation as a result of the Affiliate’s failure to maintain their registered information in line with paragraph 15.1.above.
The Affiliate shall not engage in any of the following activities:
- Altering, either by the Affiliate themselves or by a Third Party, advertisement display programs distributed by bitFlyer, or changing the code used to display content including but not limited to, banner advertisements provided by bitFlyer without prior written consent to do so.
- Displaying text on an Affiliate Site that obligates or misleads users.
- Promoting sites other than a registered Company’s site or distributing and/or inconveniencing other parties.
- Violating any and all applicable laws and regulations, and the terms of this Agreement.
- Posting advertisements to Non-Affiliate Sites registered on the Affiliate Program.
- Providing, disclosing, or leaking any information pertaining to bitFlyer,the Services or the Affiliate Program for purposes other than thosepermitted under this Agreement.
- Displaying expressions requesting, soliciting, forcing clicks solely for the purposes of obtaining compensation, advertisements soliciting membership to the Affiliate Program, and listing the details of compensation awarded by bitFlyer.
- Registering or ordering on behalf of a Third Party to obtaincompensation.
- Engaging in any unauthorized conduct in line with Article 17, including without limitation, attempting to falsify the terms required to meet eligibility for compensation, causing clicks, orders, or registrations for advertising purposes or purposes other than those intended by the Affiliate Program, and other means of obtaining unauthorised compensation.
- Positioning themselves as partners, employees, agents or otherwise of any and all of the bitFlyer Entities.
- bitFlyer, at its sole discretion, reserves the right to determine whether the Affiliate engaged in any activity in violation of this Article. bitFlyer has no obligation to provide the Affiliate with any explanation or the details relating to such determination.
- bitFlyer reserves the right, at its sole discretion to end all relationships under the Affiliate Program with any Affiliate who has referred customers that are frequently blocked for concerns of violations of Anti-Money Laundering and Crime and Terrorist Financing laws and regulations.
17. Unauthorized Conduct
- The following shall be considered as unauthorized conduct, where such unauthorized conduct is undertaken for the purposes of increasing the generation of approved deliverables and Performance on the Affiliate Program:
- Acts inciting unauthorized clicking of advertisements.
- Repeated or mass clicks made on an advertisement for which click-based compensation is set.
- Incitement of false registration through advertisement links posted by the Affiliate.
- Registration on behalf of Third Parties through advertisement links posted by the Affiliate.
2. In the event the Affiliate engages in any unauthorized conduct, bitFlyer shall notify the Affiliate with a request to cease and desist or forcibly withdraw the Affiliate from the Affiliate Program without notice.
18. Suspension and Termination of Service
- bitFlyer reserves the right to temporarily or permanently halt the Affiliate Program, in whole or in part, for the purposes of intended or unintended maintenance, inspection, or otherwise.
- In the event of unforeseen and/or sudden malfunction to the Affiliate System, bitFlyer reserves the right to immediately halt the Affiliate Program without prior notification to Affiliates.
- bitFlyer reserves the right to suspend the Affiliate Program where required for major business purposes.
- In the case of suspension under paragraph 18.3., bitFlyer waives all liability for damages sustained by Affiliates in connection with the halt or suspension of the Affiliate Program, whatever the reason.
- bitFlyer reserves the right to change the terms of this Agreement without prior consent from Affiliates. Where this is the case, bitFlyer shall publish the terms of the new Agreement on its website.
- Any new Agreement shall come into effect at the time of publishing.
- Where the Affiliate continues to use the Services after any revision, this shall constitute the Affiliate’s acceptance of the revised Agreement. If the Affiliate doesn't consent to the revised agreement, the Affiliate must withdraw from the Affiliate Program immediately, in line with Article 4.
- In the event of a conflict between this Agreement and other Terms of Service, this Agreement shall succeed unless the other Terms of Service in question explicitly states that it shall succeed.
- The terms of this Agreement remain in effect from the time the Affiliate completes registration on the Affiliate Program until the Affiliate withdraws or is forced to withdraw from the Affiliate Program. and binds the Company and Affiliate in covenant for the terms herein. However, the terms of Article 5, Paragraph 2; Article8 through Article 11, Paragraph 4; Article 13, Article 14; Article 15, Paragraph 2; and Article 17 through 19 remain in effect even after this agreement expires.
- The terms of this Agreement shall come into effect from the time the Affiliate completes registration on the Affiliate Program, and shall bind bitFlyer and the Affiliate to the terms herein and shall remain in effect until the Affiliate withdraws or is forced to withdraw from the Affiliate Program.
- Articles 6, 9, and 11 through to 19, shall survive the expiration of and/or the termination of this Agreement.
21. Nullity - Governing Law - Jurisdiction
- In the event of the invalidity or inapplicability of one or several clauses of this Agreement, it shall not in any case render the validity of the other clauses as invalid or inapplicable and shall be fully enforceable.
- The terms of this Agreement shall be governed by and construed in accordance with the laws and regulations of the Grand Duchy of Luxembourg.
- Any Dispute as to the existence, interpretation, performance or expiration of this Agreement shall be exclusively settled by the Arbitration Centre, Chambre de Commerce, of the Grand Duchy of Luxembourg, without prejudice to the provisions of the Council regulation (EU) n°1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
22. Dispute Resolution
- “Dispute” shall be given the broadest possible meaning.
- Where the Affiliate has a Dispute with bitFlyer, and/or any of bitFlyer’s officers, directors, employees and/or agents that cannot be resolved through negotiation within a reasonable time, the Affiliate shall seek resolution of the Dispute only through arbitration, unless otherwise determined by law.
- In the event the Affiliate wishes to present a Dispute to bitFlyer, the Affiliate must send written notice to bitFlyer EU, Compliance DPT, 121 Rue de Hollerich, L-1741,Luxembourg: “ATTN: Dispute Resolution”, to give bitFlyer the opportunity to resolve the Dispute informally through negotiation.
- The Affiliate agrees to negotiate resolution of the Dispute in good faith for no less than sixty (60) days following bitFlyer’s receipt of the written notice. Where bitFlyer fails to resolve the Dispute within sixty (60) days from receipt, the Affiliate or bitFlyer may pursue the claim through Arbitration.
- In the event the Affiliate wishes to pursue arbitration, a written notice must be mailed to bitFlyer EU, Compliance DPT, 121 Rue de Hollerich, L-1741,Luxembourg, and must include:
- Affiliate registered name
- Affiliate registered address
- Affiliate registered account details
- A clear statement that the Affiliate wishes to resolve a Dispute through arbitration.
【Revised August 04th 2020】