Terms & Conditions

This is an agreement (“The Affiliate Agreement”) between you (“you” or “Affiliate”) and whales.partners (“Company”, “us”, “we” or "Affiliate Program").

By registering for the Affiliate Program, and by accessing and using any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood and agreed to the Affiliate Agreement.

We may periodically make modifications to this Agreement. While we will do our best to notify you of such changes, we recommend that you revisit this page regularly. Your continued use of the Affiliate Program will constitute your consent to the updated Agreement.

Client’s Website Registration and Account

For the purpose of proper use of the Website, You may be required to register on the Website and create an account with Your respective login and password (hereinafter referred to as “Account”). You are given access to an Account following Your provision of all information required by whales.partners and upon Your successful creation of an Account. You warrant that any and all information provided for the purpose of Your Account creation and/or any other Website use is valid, current, complete and accurate. Registration data and other information about You is subject to the Privacy Policy available on the Website.
You hereby expressly consent that You are solely responsible for the use of Your login and password for the Account, for any registration data provided for Account creation, and for any actions done during any use of Your Account. You agree to keep Your login information and password private and to immediately notify whales.partners of any unauthorized Account activity. You are solely responsible for any loss or damage You or whales.partners may suffer as a result of Your failure to do so. You may not transfer or sell your Account to any third party.
You may close Your Account with the Website at any time by sending respective request to whales.partners.
By creating an Account, You also consent to receive electronic communications from whales.partners (e.g., via email). These communications may include notices about Your Account (e.g., password changes and other transactional information) and are part of Your relationship with whales.partners. You agree that any notices, agreements, disclosures or other communications that whales.partners sends to You electronically will satisfy any legal communication requirements, including, but not limited to, that such communications shall be deemed in writing. whales.partners may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information whales.partners thinks will be of interest to You. You may opt out of receiving such promotional emails at any time by following the respective unsubscribe instructions.

Eligible Clients

By registering as a Client You covenant, represent, and warrant that:
1. You have accepted and agree to be abide by these Terms;
2. You are at least 18 years of age in case You are a natural person;
3. You meet all the eligibility criteria and residency requirements, and are fully able and legally competent to use the Website, enter into agreement with whales.partners and in doing so will not violate any other agreement to which You are a party;
4. You are the legal owner of the funds you pay for whales.partners services and that the same funds derive from a legitimate and legal source;
5. using the Website and/or services does not constitute a breach of your home jurisdictions’ laws;
6. You will not be involved in any illegal activities in the course of using the Website, under the threat of blocking your Account in any case of identifying such violations;
7. You will provide correct, genuine and up-to-date information or documents and You will pass any requested verifications if we require any KYC-procedure (in particular to protect your Account) or if it is required for proper using of the Website and/or services provided by whales.partners through the Website;
8. any personal details You provide are correct, genuine and up-to-date;
9. You are not located in, or a citizen or resident of any state, country or other jurisdiction that is under US and/or EU sanctions; a jurisdiction where it would be illegal according to local law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Website; a jurisdiction where the publication or availability of the Website is prohibited or contrary to local law or regulation, or could subject whales.partners to any local registration or licensing requirements (together, the «Prohibited Jurisdictions»). We may, in our sole discretion, implement controls to restrict access to the Website in any of the Prohibited Jurisdictions. If we determine that you are accessing the Website from any Prohibited Jurisdiction, or have given false representations as to your location of citizenship or place of residence, we reserve the right to close your Account immediately.
When accessing and using the Website, You must:
1. not attempt to undermine the security or integrity of whales.partners computing systems or networks;
2. not use, or misuse, the Website in any way which may impair or alter the functionality of the Website or impair or alter the ability of any other user to use the Website;
3. not attempt to gain unauthorized access to the computer system and servers on which the Website is hosted or to any materials other than those to which you have been given permission to access;
4. not transmit or input into the Website any files that may damage any other person’s computing devices or software; content that may be offensive; or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to to operate the Website except as is strictly necessary to use either of them for normal operation.
It is your responsibility entirely to provide us with correct personal details. We accept no liability resulting in You not receiving the services due to You providing incorrect or out-of-date details. whales.partners in such a case excludes all liability for any incorrect transactions, or any other such mistakes.
whales.partners reserves the right at any time to verify Your identity for the purposes of complying with the any KYC («Know Your Customer»)/AML («Anti-Money Laundering») requirements. You agree to cooperate fully with us throughout the verification process and that You will provide all documentation/information that we may require in order to verify Your identity.

Intellectual Property

The Website, the copyright in all software on the Website, all trademarks on the Website and all text, graphics, images and any other materials on the Website are entirely owned by whales.partners or by their respective owners. Materials on this Website may only be used for personal use and non-commercial purposes.
You may digitally display or print extracts from the Website for the above-stated purpose, only under the condition that You retain any copyright and other proprietary notices or any trademarks or logos, as shown on the initial printout or download without digital or physical alteration, addition or deletion. Except as expressly stated herein, You may not without whales.partners prior written permission alter, modify, reproduce, distribute or use in any commercial context any materials from the Website.
You acknowledge that the whales.partners logos are trademarks. You may only use and/or reproduce such trademarks without physical or digital alteration on material downloaded from this Website to the extent authorized above, but You may not otherwise use, copy, adapt, change, or erase them.
You shall not under any circumstances obtain any rights over or in respect of the Website (other than rights to use the Website pursuant to these Terms and any other terms and conditions governing a particular section of the Website) or hold yourself out as having any such rights over or in respect to the Website.
By submitting any content to the Website (including both private and public sections, blogs, message boards, and forums) you grant whales.partners (including without limitation, its licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sub-license, communicate to the public, perform and display the content (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You agree that you will not claim and/or receive any compensation of any kind for your content or its use thereof. You also permit any third party to access, display, view, store and reproduce such content as indicated above. whales.partners may, but has no obligation to, monitor, edit or remove content that is determined in whales.partners sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any third party’s intellectual property or these Terms.
By submitting any content to the Website You warrant that You are entitled to and have all necessary intellectual property rights over that content. Furthermore, You acknowledge that your content will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further acknowledge that your content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any content. You are solely responsible for any content you submit and its accuracy. whales.partners takes no responsibility and assumes no liability for any content submitted by you or any third party.

Third Party Websites

The Website may contain links to third-party websites that are not affiliated or associated with whales.partners (although whales.partners branding, advertisements or links may appear on such websites) and whales.partners may send e-mail messages to You containing advertisements or promotions including links to third-parties websites. whales.partners makes no representation as to the quality, suitability, functionality or legality of the material on such third-party websites, or to any goods and services available from such websites. Such links are only provided for your interest and convenience. whales.partners does not monitor or investigate such third-party websites and accepts no responsibility or liability for any loss arising from the content or accuracy of the content of such third-party websites, and any opinion expressed in the content of such third-party websites should not be taken as an endorsement, recommendation or opinion of Cwhales.partners.
Under no circumstances are you to create a hyperlink to any of the pages on the Website, without obtaining prior consent to do so from whales.partners . If You do create a link to any of the pages on the Website, You acknowledge that You are responsible for all direct or indirect consequences of the link, and you indemnify whales.partners for all loss, liability, costs, damages, or expense arising from or in connection with the link.

Warranties and Representations

You acknowledge that:
1. You are authorized to access and use the Website;
2. You agree that the access to the Website is provided on an “as is” and “as available” basis and Your use of the Website is at Your own risk. You agree that to the maximum extent permitted by law whales.partners is not liable for any damages or harms arising out of Your use of the Website;
3. whales.partners does not warrant that the use of the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Website. whales.partners is not in any way responsible for any such interference that prevents Your access or use of the Website. whales.partners is not responsible for any losses, expenses, costs, or damages resulting from such interruptions, errors, or interferences.
4. whales.partners gives no warranty about the Website. Without limiting the foregoing, whales.partners does not warrant that the Website will meet Your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded insofar as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.
5. You do not intend to hinder, delay or defraud whales.partners (as well as any other person related to the Website) or engage in any illegal conduct and or unlawful activity in relation to money laundering, spending the proceeds of drug trafficking or terrorist activities, spending the proceeds of criminal activities or proceeds originating from such countries as might from time to time be subject to any sanctions imposed by US and/or EU.
6. whales.partners denies all liability for the operation and reliability of the Website when used within an Internet environment, where you or a third party are providing the computer equipment and/or internet services upon which any part of the Website functionality is dependent.
7. By using the Website, You confirm that You understand that the timely operation of the Internet and the World Wide Web is governed by constraints beyond the control of whales.partners . You accept that whales.partners is not liable for any perceived slow operation or unavailability of the Website, or any damages or losses that could result from slow operation or unavailability of the Website.
8. It is our responsibility to maintain the Website and as such we may at our own discretion limit access to the Website due to maintenance operations or any other relevant events. We exclude all liability for any claimed losses or profits lost as a result of such our actions.

Disclaimer of Warranty and Limitation of Liability

To the fullest extent permitted by law:
1. In no event will whales.partners , its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, special, incidental, consequential or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the form of action, whether arising out of or relating to these Terms or based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if whales.partners has been advised of the possibility of such damages and regardless of whether such damages were foreseeable); and
2. In no event will aggregate liability of whales.partners or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these Terms, exceed the amount of payments received from You.
In case of the Client’s violation of these Terms, whales.partners reserves the right to:
1. demand full compensation from the Client for losses caused by every violation;
2. bring a case before a court if the compensation doesn’t cover whales.partners loss;
3. release the information relating to the Client identity and location to any authorized officer in accordance with applicable law.
To the fullest extent permitted by law, whales.partners warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited, to the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimed.

Termination & Remedies for Breach of these Terms by You

whales.partners reserves the right at its own discretion to close Your Account created with the Website with or without prior notice.
whales.partners may block any Account in the event that whales.partners suspects or has evidence that You are engaged in suspicious or illegal activity or have breached any of the above terms or warranties. whales.partners expressly excludes any losses or profits You would have made as a result of us blocking your Account and You agree to indemnify us completely against any third-party action resulting from Your conduct or us having to block your Account. While Your Account is blocked whales.partners will investigate and may require You to cooperate with our enquiries. At the end of the investigation we may, at our own discretion, decide to close Your Account for which we are not required to provide You with any reasons for the same.
You may choose to close your Account for any reason and at any time. If you choose to exercise this right, please inform whales.partners that you wish to close your Account by sending corresponding request. You understand that if you close your Account, you may no longer have access to information previously associated with your Account.

Applicable Law and Dispute Resolution

All questions concerning the construction, validity, enforcement and interpretation of these Terms shall be governed by and construed and enforced in accordance with the laws of Malta.
In case any issue arises out of or in relation to these Terms or the breach thereof, the parties agree first to negotiate such an issue in good faith for a period of not less than thirty (30) days following written notification of such controversy or claim to the other party.
If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all parties during such period, then the parties irrevocably and unconditionally submit to the respective claim to the competent court of Malta in accordance with the laws of Malta.

Miscellaneous

Absence of Waiver. Any whales.partners failure or delay to enforce any of the terms or to exercise any right under these Terms will not be construed as a waiver to any extent of our rights.
You agree to defend, indemnify, and hold harmless whales.partners , its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to the Website or your use of services provided by whales.partners through the Website.
Force-Majeure. You shall not have any claim of any nature whatsoever against whales.partners for any its failure to carry out any of its obligations under these Terms as a result of causes beyond its control, including but not limited to any strike, lockout, shortage of labor or materials, delays in transport, hacker attacks on the Website or any resources which have any relation to whales.partners , any economic instability, accidents of any kind, any default or delay by any sub-contractor or supplier of whales.partners , riot, any political or civil disturbances, the elements, by an act of state or government including regulatory action imposed, any delay in securing any permit, consent or approval required by whales.partners for fulfillment of these Terms or any other authority or any other cause whatsoever beyond whales.partners absolute and direct control.
If any term, provision, covenant or restriction of these Terms is held by a competent court to be invalid, illegal, void or unenforceable, the remainder of these Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of these Terms without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
Any communication concerning these Terms execution and/or violation should be conducted only via Your email and through whales.partners contact form on the Website. Your official email for communication shall be deemed the email specified by You during the Account registration process. The one and only language of the communication shall be English. whales.partners may provide any notice to You under these Terms by: (i) posting a notice on the Website; or (ii) sending an email to the email address then associated with Your Account. Notices whales.partners provides by posting on the Website will be effective upon posting, and notices whales.partners provides by email will be effective when such email is sent. It is Your responsibility to keep Your email address current. You will be deemed to have received any email sent to the email address then associated with Your Account when whales.partners sends such email, whether or not You actually receive or read the email.
Except as otherwise provided, these Terms and the rights and obligations of the parties hereunder will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives. whales.partners may assign any of its rights and obligations under these Terms. No other party to these Terms may assign, whether voluntarily or by operation of law, any of its rights and obligations under these Terms, except with the prior written consent of whales.partners.