Terms & Conditions
Referral Program Terms and Conditions
1. Terms and Conditions
The Optimus Flow Referral Program (“Program”) has been created to reward you, (“you,” “Member”, “Partner,” “Referrer,” “Participant”) for recommending us to other users who sign on to be Optimus Flow subscribers (“Referred,” “Referral”, “Participant”).
Optimus Flow reserves the right to modify these Program Terms and Conditions at any time, at its sole discretion, and without notice to you. Optimus Flow may also, in its sole discretion, change, cancel, suspend, or modify any aspect of the Program without notice. Optimus Flow also reserves the right to disqualify any customers or prospective customers at any time from participation in the Program.
2. How the Program Works
License Sales. Optimus Flow sells Software Licenses for the use of its Optimus Flow Futures Trading Platform. The License fee is as displayed on the Pricing page on the Optimus Flow web site. Optimus Flow reserves the right to change its pricing and the License fee applicable to this agreement can be found on this page: https://optimusfutures.com/OptimusFlow.php
Qualified Referrals. A Qualified Referral occurs when:
- The Referrer shares an Optimus Flow Partner URL through e.g. email, Facebook, or any other communication means with a person, the Referred;
- The Referred then signs up for an Optimus Flow account when they arrive at the Optimus Flow website by opening the Optimus Flow Partner URL shared by the Referrer in a web browser; and
- When the Referred customer subscribes to an Annual OR Lifetime License for one user account on the Optimus Flow web site the Referrer will receive a Referral Fee. When the Referred customer has received Optimus Flow’s services for two months, the Referred will receive a Referral Reward.
Brokerage Services. If you mention any brokerage services associated with Optimus Flow, it MUST accompany the following text disclaimer, either written or via audio:
There is a substantial risk of loss in futures trading. You should use ONLY risk capital and keep in mind that you can lose more than your initial deposit due to the high leverage that futures commodities contain. Past performance is not indicative of future results.
Eligibility. To be eligible for participation in the Program, both the Referrer and the Referred must be at least 18 years of age. The Referred customer must remain signed up for Optimus Flow’s services for at least two months. Optimus Flow reserves the right to find ineligible any Participant in the Program at its sole discretion.
Conduct. Participants in the Program must comply with all up-to-date “SPAM” laws. Any distribution of your referral Partner URL that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Optimus Flow’s Referral Program. Optimus Flow reserves the right, at its sole discretion, to prohibit any Partner from participating in any aspect of the Program if Optimus Flow deems or suspects that such Partner has engaged in or has attempted to engage in any of the following: a) acting in violation of these Program Terms and Conditions; b) damaging, tampering with or corrupting the operation of the Program or Site; c) activity deemed in the sole discretion of Optimus Flow to be generally inconsistent with the intended operation of the Program. Optimus Flow shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Program Terms and Conditions or intent of these Program Terms and Conditions.
3. Referral Fee
Amount of Fee. The Referrer will receive 10% of the Annual or Lifetime License fee paid to Optimus Flow by the Referred customer, for each User account created in the Customer’s Optimus Flow database and for the first year of License. Example: if the Optimus Flow All-in-One Annual License fee is $480, and a Referred customer creates one user account and purchases one Annual License, the Referrer will receive $480*0.10 = $48 in Referral Fee. If the Referred customer renews the Annual License for a second year, the Referrer will receive no further Referral Fee. The affiliate payment does not constitute a payment as a transactional commission on a trade. The compensation is solely a one-time fee for the sale of the software.
Payment Conditions. Optimus Flow will pay the Referrer the total amount of referral fees due, based on the number of Annual and Lifetime Licenses paid by Referred Customers in the previous month. Referral Fees are paid via PayPal. The Referrer must have a valid PayPal account to receive referral fees, as Optimus Flow does not offer payment via check, credit card or cash.
Binding Effects. By participating in the Program, you agree to and are bound by the Program Terms and Conditions. If you do not wish to agree to and abide by the Program Terms and Conditions in their entirety, you are not authorized to participate in the Program.
Release. By participating in the Program, Participants release Optimus Flow, its parent company, subsidiaries, affiliates, suppliers, advertising, and promotions agencies and their respective directors, officers, employees, and agents from any and all liability for any loss, harm, damages, cost, or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Program rewards.
Indemnification. Participants agree to indemnify, defend, and hold Optimus Flow and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the participant of any of these Program Terms and Conditions or any violation by Participant of applicable law.
Computer System. Optimus Flow disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in Optimus Flow’s sole discretion, to cancel, modify, or suspend the Program should a virus, bug, computer problem, unauthorized intervention, or other causes beyond Optimus Flow’s control, corrupt the administration, security, or proper play of the Program.
Reserved Right. Optimus Flow reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security, or fairness of the Program has been compromised in any way. Disclaimer of Warranties: PARTICIPANTS AND PROSPECTIVE PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS(COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE,COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTSOR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT; (B) Optimus Flow MAKES AND GIVES NO PROMISE THAT (i) THE PROGRAM WILLMEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE,(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALOBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THEDOWNLOAD OR USE OF ANY SUCH MATERIAL.
6. Other Terms
General Terms. These Program Terms and Conditions constitute the entire agreement between Participants and Optimus Flow concerning Participants’ use of the Program. The failure of Optimus Flow to exercise or enforce any right or provision of these Program Terms and Conditions shall not constitute a waiver of such right or provision. The terms and conditions applicable to Participants’ use of Optimus Flow’s services can be found at https://www.optimusfutures.com/OptimusFlow-Terms-And-Conditions.php.
Term. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement.
Please note that Optimus FLOW LLC is not an NFA Member or registered with the CFTC. Optimus Futures LLC is a member of the NFA and registered with CFTC.