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Terms & conditions

MARKETING AGENT AGREEMENT
    This Agreement is made the 30th day of April 2008
    BETWEEN:
    (1)		Finocorp Limited whose principal trading address is Lawford House, Albert Place, London N3 1RL, United Kingdom
    (2) 		Affiliate Partner  (?the Marketing Agent?)
    1. INTRODUCTION
    The Marketing Agent intends to introduce other Marketing Agent Originated Customers to Finocorp?s *Foreign Exchange dealing division (?Real Stream Trading or Real Forex?)
    2.  REPRESENTATIONS AND WARRANTIES.
    Finocorp and Marketing Agent each represent and warrant to the other that:
    (a)		Each is duly recognised and validated to act under the applicable laws of the jurisdiction of their organisation or domicile including but not limited to also each complying with any financial regulations that may be applicable from time to time;
    (b)		Execution and delivery of this Agreement and all contracts and other transactions contemplated hereunder and performance of all obligations contemplated under this Agreement and all contracts and other transactions contemplated hereunder have been duly authorised by their respective organisations;
    (c)	All persons executing and delivering this Agreement and all contracts and other transactions and obligations contemplated hereunder for or on behalf of Finocorp and the Marketing Agent have been duly authorised by their respective organisations to do so.
    (d)	Execution and delivery by Marketing Agent and Finocorp of this Agreement and all   contracts and other transactions contemplated hereunder, performance of all of Marketing Agent?s and Finocorp?s obligations contemplated under this Agreement, and any contract or other transaction contemplated hereunder, will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to said organizations.
    3. ORIGINATED CUSTOMERS.
    For purposes of this Agreement the term ?Marketing Agent Originated Customer? will be limited to include only those clients identified and confirmed in writing by Finocorp as introduced by the Marketing Agent or subsequently introduced by another client that has been introduced by the Marketing Agent.
    4. SERVICES TO BE PROVIDED.
    (a) 	By Finocorp to the Marketing Agent Originated Customer
    Access to and use of Finocorp?s Real Stream trading facilities.
    Reporting
    (ii)         Monthly Reporting
    Finocorp will provide the Marketing Agent a monthly report, electronically or otherwise, detailing the total number of the Marketing Agent Originated Customers, total transaction volume per customer, and total, if any, earned payments for the reporting period.
    For ib that work under mt4 they will get a daily repot by e-mail from the clients account.
    5. TERM AND TERMINATION.
    5.1	This agreement shall commence from the date of this agreement and continue thereafter unless or until terminated on not less than 3 months written notice by one party to the other or otherwise as terminated below. Where Finocorp terminates this agreement, commission due for all Marketing Agent Originated Customers introduced up to the date of termination will continue to be paid for 18 months under the terms of this agreement.
    5.2	Finocorp may, in its sole discretion, terminate this Agreement by giving not less than 3 months written notice to the Marketing Agent.
    5.3		Either party may terminate this agreement by notice in writing with immediate effect if the other party is in material breach of any of the terms of this agreement and such breach, where it is remediable, remains unremedied fourteen days after receipt of notice from the terminating party that the other party is in breach or if liquidation, bankruptcy or similar proceedings relating to insolvency are filed or initiated by or against the other party.
    5.4	In the event of termination for any reason, the Marketing Agent shall promptly destroy all of the information and materials supplied by Finocorp in respect of or consequent upon the entering into of this Agreement, or any parts thereof, that may then be in his possession in any form and in any medium.
    5.5	If any part of this agreement is terminated this does not affect Finocorp?s obligation to pay the Marketing Agent the monies due under the terms of this agreement. Pursuant to paragraph 4 above on trades placed and executed prior to the date of termination but no further profits shall be payable.
    6. TAXES AND OTHER COSTS.
    (a) 	Neither party shall be liable to the other for taxes of any kind, nature or description levied or assessed against the other resulting from any of the provisions of or payments made in accordance with this Agreement.
    (b)	Each of the parties shall pay the costs and expenses incurred by it in connection with negotiating and entering into this agreement.
    7. NON EXCLUSIVITY
    This agreement does not constitute an exclusive agreement
    8. OBLIGATION OF THE MARKETING AGENT
    The Marketing Agent agrees to comply with all local compliance rules, including, but not limited to, solicitation and sales practices, trading performance statements, risk disclosure, communications with the public, and the use of promotional materials, and shall pass such promotional literature to Finocorp for approval should Finocorp be mentioned in any such material.
    9. RIGHT OF Finocorp
    If and where applicable, Finocorp  has the right to conduct an audit of the Marketing Agent?s website, sales practices and promotional materials to ensure compliance with local regulations, and Finocorp agrees to fulfill all requests from the Marketing Agent regarding such compliance matters.
    10. INTELLECTUAL PROPERTY
    All copyright, trademark, trade secret and other intellectual property rights in the Finocorp Real Stream Trading Systems (?Online Trading Systems?) shall remain at all times the sole and exclusive property of Finocorp and the Marketing Agent shall have no right or interest in the Trading Systems. The Marketing Agent acknowledges that the Online Trading Systems are confidential to Finocorp and have been developed through the expenditure of substantial skill, time, effort and money. The Marketing Agent will not publish, distribute, or otherwise make information available to third parties any information derived from or relating to the Trading Systems without the prior written approval of Finocorp. The Marketing Agent will not copy, modify, decompile, reverse engineer, or make derivative works of the Trading Systems or in the manner in which they operate.
    12. LIMITATION OF LIABILITY.
    12.1	Neither party shall be held liable or obliged under any section of this agreement or under contract, negligence, strict liability or other legal or equitable theory for any special, indirect, consequential, punitive or incidental damages arising from a breach or alleged breach of this Agreement, however caused and under any theory of liability (including without limitation negligence and damages for loss of profits and/or loss of data
    12.2 	Nothing in this agreement shall be so construed as to limit or exclude either party?s liabilities in respect of death or personal injury howsoever caused.
    13. NOTICES.
    Any notice required to be given under this Agreement shall be in writing, and may be delivered personally or sent by pre-paid first class post addressed to the party in question at such party?s address shown in this agreement or any subsequently notified address. Such notice shall be deemed to be served immediately upon delivery or upon expiry of 48 hours after posting (as the case may be).
    14. CONFIDENTIALITY.
    Each party agrees that it will treat as confidential the contents of this agreement and all and any information about the business of the other which is made available for the purpose of implementing (or otherwise pursuant to) this agreement and will not disclose the same to any third party unless and until the same shall become knowledge in the public domain or required to do so by a court of competent jurisdiction.
    15. WAIVER AND REMEDIES
    A waiver of a breach of any of the terms of this agreement or of a default under this agreement does not constitute a waiver of any other breach or default and shall not affect the other terms of this agreement. A waiver of a breach of any of the terms of this agreement or of a default under this agreement will not prevent a party from subsequently requiring compliance with the waived obligation.
    16. REPRESENTATIONS OR WARRANTIES
    Each party disclaims any representations or warranties, express or implied, regarding the subject matter of this agreement, including any implied warranties arising from course of dealing or course of performance.
    17. FORCE MAJEURE
    Neither party shall have any liability under or be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from circumstances beyond the reasonable control of that party. If such circumstances continue for a continuous period of more than 3 months, either party may terminate this agreement by written notice to the other party.
    18. UNENFORCEABILITY
    The enforceability or otherwise of any provisions of the terms and conditions of this agreement shall not affect the enforceability of the rest of these terms and conditions.
    19. GENERAL
    19.1	The Marketing Agent shall not assign or transfer any of its obligations or rights under this agreement without the prior consent in writing of Finocorp.
    19.2	Finocorp shall be permitted at any time without requiring the consent of the Marketing Agent to assign or transfer any of its obligations or rights under this agreement to any successors or purchasers of the whole or any part of Finocorp?s business.
    19.3	This agreement embodies the entire understanding and agreement between the parties in connection with the subject matter of this agreement and neither party is relying on any representations, promises, terms, conditions or obligations, oral or written, expressed or implied given before the signing of this agreement other than those contained herein. Neither party seeks to exclude liability for fraudulent or grossly negligent misrepresentation.
    19.4	Except where expressly provided in this agreement a person who is not a party to this agreement has no right under the Contracts to enforce any term of this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
    19.5	Save for the provisions contained in paragraph 5 this agreement shall not be modified or amended except by agreement in writing by an authorised representative of each of the parties.
    19.6	The parties are entering into this agreement as principals and it is not intended that there should be any partnership or joint venture created by this agreement.
    19.7	Neither party shall have the right or authority to bind or to make any representation or warranty on behalf of the other.
    19.8	The headings of this agreement shall not affect its interpretation.

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