Regal Securities Affiliate Agreement

Affiliate Terms and Conditions

GENERAL:

These Terms and Conditions (the "Affiliate Agreement" or “Agreement”) govern the Affiliate Program (“Affiliate Program” or “Program”) that is made available by Regal Securities, Inc. (the “Company” or “Regal”).

This Affiliate Agreement constitutes the entire understanding between Regal and the Affiliate (“Affiliate”, “Referral Partner”, or “You”).  This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.

Please read this Agreement carefully as it represents a legally binding agreement between you and Regal. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Agreement.

REFERRAL TRACKING/LINKS:

Regal will provide the Affiliate with specific Referral Links via email to link advertisements and/or other marketing content to Regal Websites (“Referral Links”). The “Regal Websites” include www.eOption.com and www.Investrade.com.  Regal will track users who have visited these Referral Links using cookies which expire after 365 days. Only users who have used a Referral Link within this period will be considered eligible referrals of the Affiliate.

The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Regal is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.

PAYMENT OF REFERRAL FEES:

The amount of the Affiliate Referral Fee (“Referral Fee”) for each Completed Referral (as defined below) will be determined by Regal and set forth in Schedule One after the acceptance and commencement of this Agreement by Regal.  Referral Fees are paid monthly (see ‘Monthly Payments’ section below).

For a user that has used a Referral Link and opens a Regal Account (“Referee”), the Affiliate will be eligible for the Referral Fee upon the completion of the following three (3) conditions below.  Once the three conditions are satisfied, the Referee becomes a “Completed Referral:”

1. A relationship between the Referee and Regal does not already exist, including, but not limited to, a household relationship. A household relationship exists when the Referee has the same address as an existing customer;

2. The amount of the Referee’s cleared funds in their Regal Account is greater than or equal to $1,000. The deposit date of $1,000 or greater is the “Initial Funding Date;” and
3. The Referee maintains a balance of $1,000 or greater for 45 days in their Regal Account after the Initial Funding Date.

MONTHLY PAYMENTS:

Regal is responsible for issuing payment of Referral Fees to You for Completed Referrals within thirty (30) days from the end of the previous calendar month on a trailing basis

All Referral Fees for Completed Referrals will be payable in USD only.  Payment will be made by ACH to a U.S. bank account or mailed check to a U.S. address.  You will also need to provide Regal with a completed Form W-9 before You can receive payment.  You are solely responsible for any and all taxes for any Referral Fees that You receive.

OTHER REFERRAL FEE TERMS:

Only one Affiliate will be entitled to a Referral Fee for any Completed Referral and only one Referral Fee will be paid per Completed Referral. If the Completed Referral opens more than one Regal Account, the Affiliate will receive only one Referral Fee.  The Affiliate will not be eligible for a Referral Fee as to any Referee who has prevented cookies from being saved, or deletes them, or who otherwise cannot be tracked by our tracking system for any reason.

Payment Reversal: An Affiliate is charged a payment reversal when the Completed Referral’s balance in their Regal Account drops below $1,000 within the first 6 months from the Initial Funding Date.  Reversals will be netted out of the current month's payment to the Affiliate.

Referrals will become void, and any unpaid Referral Fees will be forfeited, if a user who has used a Referral Link does not become a Completed Referral after 365 days.

In the event of any activity deemed suspicious, Regal may delay the payment of any Referral Fee by up to six (6) calendar months to verify the validity of and compliance to program terms of relevant transactions. Regal reserves the right to recalculate, disqualify, or void any referrals or Referral Fees in the event of any fraudulent, deceptive or otherwise illegal activity.

ADVERTISEMENTS:

Approved Affiliates are permitted to use Regal brand and marketing resources for eOption and Investrade, without modification, that are made available to You from Regal.  Affiliate does not gain any trademark, copyright or any other rights to these materials.

The Affiliate may only display advertisements that contain Regal, eOption, or Investrade logos or service marks in good taste, in Regal’s sole decision.  The Affiliate may not use these marks, name, or services that portrays Regal in a false or negative light.

The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable rules, terms & conditions, and laws.

Regal may, without prior notice, require the Affiliate to remove or modify any advertisements at Regal’s sole discretion.

TERMINATION:

Either party has the right to terminate this Agreement immediately without prior notice.

The Affiliate may stop participating in the Referral Program by giving Regal a written notice of termination.

Regal reserves the right to terminate the Affiliate's participation in the Referral Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct or reasons that Regal, in its sole discretion, deems to be harmful to Company’s business, Company’s reputation or any other reason.

Upon termination, the Affiliate’s permission to use Regal brand and marketing resources will end, and the Affiliate forfeits all potential, pending or unpaid program commissions, fees, or payouts.

MODIFICATION:

Regal may, in its sole discretion, change or modify this Agreement at any time, with or without notice.  Referral Fees are subject to change at any time in Regal’s sole discretion without notice.

Such changes or modifications shall be made effective for Affiliates upon emailing You a copy of the revised Agreement.

It is the Affiliate’s responsibility to stay in compliance with the Agreement’s terms and conditions, andfor reading this document from time to time to ensure that it is doing so.

If any modification is unacceptable to the Affiliate, Affiliate’s sole recourse shall be to terminate its participation in this Affiliate Agreement. The Affiliate's continued participation in the Program constitutes binding acceptance of any and all such modifications.

LIMITATION OF LIABILITY:

The Affiliate Program is provided on an "as-is" and "as available" basis and the use of the Affiliate Program is at your own risk. Regal makes no representations or warranties, either expressed or implied, with respect to the Program, or any service or information provided through the Program.

Affiliate grants Company release from any and all liability resulting from errors, omissions, or functional outages of its program and related tracking software.

Regal is not responsible for any damages, injury or economic loss arising from the use of the Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.

The Affiliate will indemnify and hold harmless Regal, its directors, officers, employees, agents, affiliates, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your use of the Affiliate Program.

RELATIONSHIP OF THE PARTIES:

Regal and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on Regal’s behalf.

GOVERNING LAW:

This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules, and the parties consent to the jurisdiction and venue of the state or federal courts in Cook County, Illinois.

MISCELLANEOUS:

The Affiliate warrants and represents that it is over the age of 18 and is qualified and authorized to enter into this Agreement.

The Affiliate warrants and represents that its actions and its participation in the Affiliate Program are in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Regal reserves the right to terminate the Affiliate's participation in the Affiliate Program if Regal determines, in its sole discretion, that the Affiliate's actions or its participation in the Affiliate Program are in violation of any laws, rules, regulations, or any requirements of governmental authority.

This Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.