Affilate Program【bitFlyer】

bitFlyer USA, Inc. Affiliate Agreement

This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between us, bitFlyer USA, Inc. (“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 (n “Affiliate”), and the establishment of affiliation links to our website, https://bitflyer.com/en-US. By joining the Affiliate Program you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement, as well as our Terms of Use and Privacy Policy.

Definitions
1. “Administration Screen” shall refer to the bitFlyer website for the Affiliate Program which allows Affiliates to view their entitled compensation and other related Services.
2. “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 a commission from bitFlyer for customers or traders from such display and Advertisements.
3. “Affiliate Sites” shall refer to the Internet web pages or e-mail newsletters operated by registered Affiliates on the Affiliate Program.
4. “Affiliate System” shall refer to the web servers, computer programs, software, and other related services or programs that collectively form the Program.
5. “bitFlyer Entities” shall refer to bitFlyer Japan, bitFlyer Europe and bitFlyer U.S.A. collectively.
6. “Confidential Information” shall refer to any material non-public information obtained by Affiliates in connection with this agreement and/or the Affiliate Program and includes but is not limited to technical, sales, business, financial, organization, and other information of bitFlyer provided or disclosed to, or otherwise obtained by, Affiliates, whether in writing, orally, or through recorded media or other formats.
7. “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.
8. “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.
9. “Privacy Policy” shall refer to the Privacy Policy available on the bitFlyer website.
10. “Referred Customer” shall mean each new and unique customer referred from Affiliate through the tracking link that provides valid account information.
11. “Services” shall refer to the bitFlyer trading platform and all services that are available from bitFlyer.
12. “Third Party” shall refer to any person or entity not registered as an Affiliate on the Affiliate Program.
Registration
1. To be eligible to register as an Affiliate for the the Affiliate Program, individuals must be at least eighteen (18) years of age.
2. All individuals must have a valid bitFlyer USA account to be eligible to register as an Affiliate for the Affiliate Program.
3. All individuals must be residing within the United States.
Refusal of Registration
1. bitFlyer reserves the right, at its sole discretion, to refuse registration without limitation, to anyone who is:
  1. Affiliated with and/or participating in criminal activities and/or with organisations who are engaged in criminal activities, and/or persons who had previously been affiliated with and/or participated in the same.
  2. 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.
  3. 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:
  1. Sites containing content or expressions that are criminal in nature and/or a risk to the public.
  2. Sites containing content or expressions that run the risk of infringing on copyright and/or other intellectual property rights.
  3. Sites containing content or expressions that run the risk of libelling other parties and/or infringing on rights that include but are not limited to rights to privacy and likeness.
  4. Sites engaging in pyramid schemes, multi-level marketing, network businesses, and/or other introduction-based methods.
  5. Sites intended for use only by friends, family, or specific parties with a relationship with the Affiliate.
  6. Sites containing content or expressions in violation of applicable laws, statutes, and regulations.
  7. Sites that are only accessible by specific users, such as using an ID number, password, et cetera.
  8. Sites containing content in violation of the bitFlyer USA Affiliate Guidelines.
  9. Sites containing links to any sites with content of the above.
Withdrawal
1. Affiliates may apply to withdraw from the Affiliate Program at any time by completing the withdrawal procedures specified by bitFlyer.
Advertisements and Promotion of Our Affiliate Relationship
1. 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 paragraph 3.2. above.
2. 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.
3. The Affiliate agrees to cooperate fully with bitFlyer to establish and maintain the Link.
4. Any use of the Link must follow this Agreement at all times.
5. bitFlyer reserves the right, at its sole discretion, to modify the Link from time to time, where it is deemed necessary to do so.
6. All Affiliate Sites shall display the Link prominently in relevant sections of their website.
7. All Affiliate Sites shall not use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer’s knowledge.
8. Except as permitted herein, Affiliates shall not and are not authorised to use the bitFlyer trademark, name, or any of bitFlyer’s other intellectual property, including without limitation:
  1. The Links and all licenced materials, including any variations or misspellings thereof or other term or terms confusingly similar to any of the foregoing.
  2. 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.
Approval of Deliverables
1. 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.
2. All milestones must be completed and confirmed within 180 days of account creation in order to constitute Deliverables eligible for compensation.
Compensation and Payment
1. Compensation and its amount shall be determined by bitFlyer and can be confirmed on a menu after logging in to the Administration Screen.
2. Compensation shall be paid in USD.
3. Compensation is subject to additional terms and is paid directly into the Affiliate’s bitFlyer USA account.
4. Where the Affiliate withdraws from the Affiliate Program, bitFlyer shall pay directly into the Affiliate’s bitFlyer USA account the total outstanding unpaid and undisputed compensation amounts the fifteenth (15th) business day of the following month.
5. In the event bitFlyer closes the Affiliate’s account, any outstanding compensation shall be terminated at the time of closure.
Personal Information
1. bitFlyer shall use the Affiliate’s personal information subject to the bitFlyer USA’s Privacy Policy.
Confidentiality
1. 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.
2. 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 Affiliate shall immediately notify bitFlyer of such.
3. 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.
Notification
1. 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.
Transfer of Rights and Obligations
1. 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 inure to the benefit of the successors and permitted assigns of the parties.
Use of the Affiliate Program by Third Parties
1. 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.
2. 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.
Exemptions
1. 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.
2. 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.
3. 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.
Damages
1. 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.
Changes to Affiliate Data
1. The Affiliate shall always maintain their registered information with bitFlyer as up-to-date and accurate.
2. 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.
Prohibitions
1. The Affiliate shall not engage in any of the following activities:
  1. 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.
  2. Displaying text on an Affiliate Site that obligates or misleads users.
  3. Promoting sites other than a registered Company’s site or distributing and/or inconveniencing other parties.
  4. Violating any and all applicable laws and regulations, and the terms of this Agreement.
  5. Posting advertisements to Non-Affiliate Sites registered on the Affiliate Program.
  6. Providing, disclosing, or leaking any information pertaining to bitFlyer, the Services or the Affiliate Program for purposes other than those permitted under this Agreement.
  7. 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.
  8. Registering or ordering on behalf of a Third Party to obtain compensation.
  9. Engaging in any unauthorised 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.
  10. Positioning themselves as partners, employees, agents or otherwise of any and all of the bitFlyer Entities.
2. 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.
3. 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 all of Anti-Money Laundering and Crime and Terrorist Financing laws and regulations.
Unauthorized Conduct
1. The following shall be considered as unauthorised conduct, where such unauthorised conduct is undertaken for the purposes of increasing the generation of approved deliverables and Performance on the Affiliate Program:
  1. Acts inciting unauthorised clicking of advertisements.
  2. Repeated or mass clicks made on an advertisement for which click-based compensation is set.
  3. Incitement of false registration through advertisement links posted by the Affiliate.
  4. Registration on behalf of Third Parties through advertisement links posted by the Affiliate.
2. In the event the Affiliate engages in any unauthorised conduct, bitFlyer shall notify the Affiliate with a request to cease and desist or forcibly withdraw the Affiliate from the Affiliate Program without notice.
Suspension and Termination of Service
1. 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.
2. 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.
3. bitFlyer reserves the right to suspend the Affiliate Program where required for major business purposes.
4. 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.
Revisions
1. 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.
2. Any new Agreement shall come into effect at the time of publishing.
3. 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 does not consent to the revised agreement, the Affiliate must withdraw from the Affiliate Program immediately, in line with Article 4.
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.
Severance
1. 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; Article 8 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.
  1. 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.
  2. Articles 6, 9, and 11 through to 19, shall survive the expiration of and/or the termination of this Agreement.
Governing Law and Venue
1. These terms and the Affiliate’s access to and use of the services will be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties arising out or relating to these terms that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in San Francisco County, California.
Dispute Resolution
1. Please read the following section carefully because it requires bitFlyer Affiliates to arbitrate certain disputes and claims with bitflyer and limits the manner in which you can seek relief from us.
2. “Dispute” shall be given the broadest possible meaning.
3. Binding arbitration. Except as specified, for any disputes, claims, suits, actions, causes of action, demands or proceedings arising out of relating to the services or these terms (collectively, "disputes"), you and bitFlyer agree to (a) waive your and bitFlyer's respective rights to have any and all disputes arising from or related to these terms or the services resolved in a court, and (b) waive your and bitFlyer's respective rights to a jury trial. Instead, you and bitflyer will arbitrate disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court).
4. No class arbitrations, class actions or representative actions. Any dispute arising out of or related to terms of the Affiliate Program is personal to the Affiliate and bitFlyer and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other Affiliate or group of Affiliates.
5. Federal Arbitration Act. These terms may affect interstate commerce and the enforceability of this section will be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), to the maximum extent permitted by applicable law.
6. Notice; informal dispute resolution. Each party will notify the other party in writing of any arbitrable or small claims dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the dispute informally. Notice to bitflyer will be sent by e-mail to bitFlyer at info.us@bitflyer.com. Notice to you will be sent by email to the then-current email address in your account profile. Your notice must include (a) your name, postal address, email address and telephone number, (b) a description in reasonable detail of the nature or basis of the dispute, and (c) the specific relief that you are seeking. If you and bitFlyer cannot agree how to resolve the dispute within thirty (30) days after the date notice is received by the applicable party, then either you or bitFlyer may, as appropriate and in accordance with this section, commence an arbitration proceeding or, to the extent specifically provided for in section 21, file a claim in court.
7. Process. Any arbitration will occur in San Francisco, California. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services ("JAMS"), which are hereby incorporated by reference. The state and federal courts located in San francisco, California will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. The Affiliate may also litigate a dispute in the small claims court located in the county where you reside if the dispute meets the requirements to be heard in small claims court.
8. Authority of arbitrator. As limited by the FAA, these terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a dispute, including the determination of whether a dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these terms. The arbitrator may only conduct an individual Affiliate arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
9. Rules of JAMS. The rules of JAMS and additional information about jams are available on the JAMS website. By agreeing to be bound by these terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of jams and any claim that the rules of JAMS are unfair or should not apply for any reason.

【Revised November 7, 2018】

bitFlyer Affiliate Guidelines

Websites containing any of the following are prohibited from being Affiliates. Websites which add this content may lose their Affiliate rewards.

Notes for Existing Participants

bitFlyer USA, Inc. Affiliate Agreement