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OCTAVE™ Elite Partner Program - Terms & Conditions

Last Updated: May 13, 2025

Welcome to the OCTAVE™ Elite Partner Program (the "Program") operated by Forex Alert System and The Octave Trading system ("Company," "we," "us," or "our"). These Terms & Conditions (the "Agreement") govern your participation as an affiliate in the Program ("Affiliate," "you," or "your").

By applying for and participating in the Program, you signify your assent to and acceptance of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not apply for or participate in the Program.

We reserve the right to update or modify this Agreement at any time. Your continued participation in the Program following any such changes constitutes your acceptance of the new terms. We will endeavor to notify active Affiliates of significant changes, typically via email or a notice in the Affiliate Dashboard. It is your responsibility to review this Agreement periodically for changes.

1. DEFINITIONS

"Affiliate": An individual or entity that has successfully applied and been accepted into the Program.
"Company": Forex Alert System and The Octave Trading system, the owner and operator of the OCTAVE™ trading intelligence system and the Program.
"OCTAVE™ Platform": The proprietary AI trading intelligence system, including all its features, indicators (such as Quant Flow™ (QF/Trend), Bankflow™ (BF/Polarized Flow), HALO Surge™), Flow-Based Charting technology, "weaponized math" algorithms, software, website (www.ForexAlertSystem.com), and associated services.
"Program": The OCTAVE™ Elite Partner Program as described in this Agreement and on forexalertsystem.com/Affiliate/Program.html.
"Affiliate Link": A unique tracking link provided by the Company to the Affiliate for promoting the OCTAVE™ Platform.
"Referral": A new, unique customer who signs up for a paid subscription to the OCTAVE™ Platform directly through an Affiliate's valid Affiliate Link and whose transaction is successfully tracked and validated by the Company.
"Commission": The percentage of Net Revenue from a Qualified Sale payable to the Affiliate as specified in Section 5.
"Net Revenue": Gross revenue received by the Company from a Qualified Sale, less any taxes, duties, payment processing fees, chargebacks, or discounts.
"Qualified Sale": A sale of an OCTAVE™ Pro or Elite Pro subscription (or other designated products/services) to a Referral that meets all criteria set forth by the Company, including but not limited to, successful payment processing, completion of any trial period, and adherence to this Agreement. Given the Company's policy of no direct refunds (as trials serve evaluation purposes), a sale is primarily qualified after the successful processing of payment and after the Company's internal clearing period for potential chargebacks or payment disputes.
"Promotional Materials": Any marketing or promotional materials provided by the Company for use by Affiliates, including but not limited to banners, logos, text links, email swipes, and product descriptions.
"Intellectual Property": All trademarks, service marks, logos, trade names, copyrights, patents, trade secrets, proprietary software (including the algorithms and "weaponized math" powering the OCTAVE™ Platform), content, graphics, website designs, Promotional Materials, training materials, and other proprietary information owned or licensed by the Company.
"Confidential Information": Any non-public information disclosed by the Company to the Affiliate, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This includes, but is not limited to, unreleased product information, advanced marketing strategies, specific performance data not publicly available, customer lists, and the terms of this Agreement.
2. ENROLLMENT IN THE PROGRAM

2.1. Application: To enroll in the Program, you must submit a complete and accurate application through the Company's affiliate sign-up page (forexalertsystem.com/Members/aff/signup).
2.2. Acceptance: We reserve the right to accept or reject any affiliate application in our sole discretion, without obligation to provide a reason. We may reject applications if we determine that your website, promotional methods, or content are unsuitable for the Program, including but not limited to those that:
* Promote sexually explicit materials.
* Promote violence or hate speech.
* Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
* Promote illegal activities or substances.
* Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.
* Contain false, misleading, or unsubstantiated claims about OCTAVE™ or any third party.
* Are otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
2.3. Accurate Information: You agree to provide and maintain accurate and complete information about yourself and your promotional methods as requested by the Company.

3. AFFILIATE RESPONSIBILITIES & CONDUCT

3.1. Ethical Promotion: You agree to promote the OCTAVE™ Platform in a positive, ethical, truthful, and professional manner at all times.
3.2. Compliance with Laws: You are solely responsible for ensuring that your promotional activities comply with all applicable federal, state, local, and international laws, regulations, and guidelines, including but not limited to those related to advertising, email marketing (e.g., CAN-SPAM Act), data privacy (e.g., GDPR, CCPA), and disclosure requirements for endorsements (e.g., FTC guidelines).
3.3. Disclosure: You must clearly and conspicuously disclose your affiliate relationship with the Company in all promotions in accordance with applicable laws (e.g., using #ad, #sponsored, "Affiliate Link," or similar).
3.4. No Misleading Claims: You shall not make any false, misleading, exaggerated, or unsubstantiated claims about the OCTAVE™ Platform, its potential results, or the income potential from the Program. All claims must be consistent with information provided by the Company.
3.5. Spam Prohibited: You shall not engage in any form of spamming or sending unsolicited commercial emails. All email marketing must comply with the CAN-SPAM Act and other relevant anti-spam laws.
3.6. Prohibited Promotional Methods: Unless expressly authorized in writing by the Company, you shall not:
* Use or bid on Company's trademarks (e.g., "OCTAVE™", "Quant Flow", "Bankflow", "HALO Surge") or variations/misspellings thereof in any paid search advertising (e.g., Google Ads).
* Engage in cookie stuffing or other fraudulent tracking methods.
* Use adware, spyware, or malware in connection with your promotions.
* Promote the OCTAVE™ Platform on websites that promote illegal activities, discrimination, or offensive content.
* Make any offers, warranties, or representations on behalf of the Company.
* Create websites, domain names, social media profiles, or online identities that could cause confusion with the Company's official branding or imply an official endorsement beyond that of an affiliate.
* Engage in self-referrals (signing up for OCTAVE™ through your own affiliate link) for the purpose of earning commissions, unless explicitly permitted by the program rules.
3.7. Responsibility for Promotional Content: You are solely responsible for all content, materials, and methods used in your promotional activities.

4. AFFILIATE LINKS & TRACKING

4.1. Use of Affiliate Links: The Company will provide you with unique Affiliate Links to track Referrals. You must use these links as provided to ensure proper tracking and commission attribution.
4.2. Responsibility for Links: You are responsible for ensuring your Affiliate Links are correctly implemented and functioning. The Company is not responsible for commissions lost due to improperly formatted or broken links.
4.3. Cookie Duration: Referrals will be tracked via a cookie placed on the user's browser. The standard cookie duration for the Program is three hundred sixty-five (365) days. A Qualified Sale must occur within this period for the commission to be attributed to you, subject to the "last click" or other attribution model determined by the Company.
4.4. Tracking Integrity: The Company's tracking system will be the definitive source for determining commission eligibility. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

5. COMMISSIONS & PAYMENT

5.1. Commission Rate: Affiliates will earn a commission of thirty percent (30%) of the Net Revenue from Qualified Sales of OCTAVE™ Pro and Elite Pro subscriptions (or other designated commissionable products/services) made by Referrals. This commission is recurring for the lifetime of the referred customer's active paid subscription, unless otherwise specified for particular promotions or product tiers.
5.2. Qualified Sale Definition: A Qualified Sale is a transaction that:
* Is made by a new customer to OCTAVE™.
* Is made directly through the Affiliate's valid Affiliate Link.
* Has been fully paid by the customer and not subject to any holds or flags by payment processors.
* Has passed the Company's forty-five (45) day locking period, which accounts for potential chargebacks or payment disputes (the "Locking Period"). Given the Company's policy of no direct refunds as trials serve evaluation purposes, this Locking Period is primarily for payment finalization and chargeback mitigation.
* Is not the result of a self-referral (unless permitted), fraud, or violation of this Agreement.
5.3. Payment Schedule: Commissions that have successfully passed the Locking Period are typically paid on a monthly basis, at the end of the month following the month in which the Locking Period for the commission concluded.
5.4. Payment Threshold: A minimum commission balance of $200.00 USD must be reached before payment is issued. Unpaid commissions will roll over to the next payment period until the threshold is met.
5.5. Payment Method: Payments will be made via PayPal or Zelle. Affiliates are responsible for providing and maintaining accurate payment information for their chosen method. Any fees associated with the payment method may be deducted from the commission.
5.6. Chargebacks & Fraud: If a transaction attributed to a Referral results in a chargeback, or if a transaction is determined to be fraudulent or in violation of these terms after a commission has been paid, the amount of that commission will be deducted from the Affiliate's future payments or, if no future payments are due, the Affiliate will be invoiced for the amount.
5.7. Currency: All commissions will be calculated and paid in US Dollars (USD).
5.8. Taxes: You are solely responsible for the payment of all taxes applicable to the commissions you earn under this Agreement. You may be required to provide necessary tax documentation (e.g., W-9 for US residents, W-8BEN for non-US residents).

6. INTELLECTUAL PROPERTY RIGHTS

6.1. Company Ownership: All Intellectual Property related to the OCTAVE™ Platform, the Program, and the Promotional Materials is and will remain the sole and exclusive property of the Company or its licensors. This Agreement does not grant you any ownership rights in or to our Intellectual Property.
6.2. Limited License to Use Promotional Materials: The Company grants you a non-exclusive, non-transferable, revocable, limited license to use the Promotional Materials provided by us through the Affiliate Dashboard solely for the purpose of promoting the OCTAVE™ Platform in accordance with this Agreement.
6.3. Restrictions on Use of IP: You shall not:
* Modify, alter, adapt, or create derivative works from our Intellectual Property or Promotional Materials without our prior written consent.
* Use our Intellectual Property in any way that could be construed as an endorsement by the Company of your website, content, or services, beyond your participation in the Program.
* Use our Intellectual Property in a manner that is disparaging, defamatory, obscene, or otherwise portrays the Company or the OCTAVE™ Platform in a negative light.
* Register or use any domain names, social media handles, or other identifiers that are confusingly similar to our trademarks or brand names.
* Challenge the validity or ownership of our Intellectual Property.
6.4. Cessation of Use: Upon termination of this Agreement, your license to use our Intellectual Property and Promotional Materials will immediately cease, and you must promptly remove all such materials from your promotional channels.

7. CONFIDENTIALITY & NON-DISCLOSURE

7.1. Obligation of Confidentiality: You agree to hold all Confidential Information in strict confidence and not to disclose it to any third party without the prior written consent of the Company, both during the term of this Agreement and indefinitely thereafter.
7.2. Permitted Use: You may use Confidential Information solely to the extent necessary to perform your obligations or exercise your rights under this Agreement.
7.3. Standard of Care: You agree to use the same degree of care to protect Confidential Information as you use to protect your own confidential information of a similar nature, but in no event less than reasonable care.
7.4. Exclusions: The obligations of confidentiality shall not apply to information that: (a) is or becomes publicly known through no wrongful act by you; (b) is rightfully received by you from a third party without restriction and without breach of this Agreement; or (c) is independently developed by you without reliance on or use of any Confidential Information.
7.5. Required Disclosure: If you are required by law or court order to disclose Confidential Information, you shall provide the Company with prompt written notice of such requirement to allow the Company to seek a protective order or other appropriate remedy.
7.6. Return or Destruction: Upon termination of this Agreement or at the Company's request, you shall promptly return or destroy all Confidential Information in your possession or control.

8. TERM & TERMINATION

8.1. Term: This Agreement shall commence upon our acceptance of your Program application and shall continue until terminated by either party.
8.2. Termination by Affiliate: You may terminate this Agreement at any time, with or without cause, by providing written notice to the Company at AdvancedForexCoding@Gmail.com.
8.3. Termination by Company: The Company may terminate this Agreement and/or your participation in the Program at any time, with or without cause, by providing written notice to you. The Company may also terminate this Agreement immediately, without notice, if you breach any material term of this Agreement, including but not limited to violations of ethical promotion standards, intellectual property misuse, or breach of confidentiality.
8.4. Effect of Termination: Upon termination:
* Your rights to participate in the Program and use our Affiliate Links and Promotional Materials will immediately cease.
* You must promptly remove all Affiliate Links and Promotional Materials from your websites and other promotional channels.
* Commissions earned on Qualified Sales prior to the effective date of termination will be paid in accordance with Section 5, provided such commissions were not earned in violation of this Agreement. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
* Your obligations under Sections 6 (Intellectual Property), 7 (Confidentiality), 10 (Limitation of Liability), 11 (Indemnification), and 12 (Governing Law) shall survive termination.

9. RELATIONSHIP OF PARTIES

You and the Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

10. DISCLAIMERS & LIMITATION OF LIABILITY

10.1. Disclaimer of Warranties: THE PROGRAM, THE OCTAVE™ PLATFORM, AND THE PROMOTIONAL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO GUARANTEE THAT THE PROGRAM OR THE OCTAVE™ PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO GUARANTEE REGARDING THE LEVEL OF COMMISSIONS YOU MAY EARN.
10.2. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PROGRAM, OR THE OCTAVE™ PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE six (6) months IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of any term of this Agreement; (b) your promotional activities or the content of your website(s) or marketing materials; or (c) any claim that your content or promotional methods infringe upon the intellectual property or other rights of any third party.

12. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States Of America, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by arbitration in Miami, Florida before one arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

13. MISCELLANEOUS

13.1. Entire Agreement: This Agreement constitutes the entire agreement between you and the Company with respect to the Program and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
13.2. Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
13.3. Waiver: No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
13.4. Assignment: You may not assign this Agreement or any of your rights or obligations hereunder without our prior written consent. The Company may assign this Agreement without your consent.
13.5. Notices: All notices or other communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by reputable overnight courier, or sent by certified or registered mail, return receipt requested, postage prepaid, or by email (with confirmation of receipt) to the addresses specified by the parties or as updated from time to time.
* To Company: Forex Alert System and The Octave Trading system, Attn: Affiliate Program, United States Of America, Email: AdvancedForexCoding@Gmail.com
* To Affiliate: At the email address provided in your affiliate application.
13.6. Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within the party's possession or reasonable control, and denial of service attacks.

By applying for the OCTAVE™ Elite Partner Program, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.

Forex Alert System and The Octave Trading system
www.ForexAlertSystem.com
AdvancedForexCoding@Gmail.com