APC Prime
IB PARTNER AGREEMENT
Introduction
APC Prime is a trademark of APC Prime Ltd, ((hereinafter the )“Company” or “we” or “us”) and its Affiliate Members (both the Company and its Affiliate Members hereinafter be referred jointly as “the Companies”), is registered in St. Lucia, under registration number 2024-00565.
THIS Partner Agreement (the “Agreement”) is made and entered into by and between the Company on the one part and the individual or entity which applies for the IB Partner Program (the “Partner”) on the other part. The Company and the Partner may herein collectively be referred to as the “Parties”.
The above expressions shall, where the context so permits, include receivers and managers and successors in title, and personal representatives in the case of legal persons.
WHEREAS this Agreement sets out the terms upon which Clients may be referred to the Company by the Partner
And
WHEREAS the Partner will provide such service to his Clients that improves the quality of service offered to his Clients.
Definitions of Terms
Account
The unique Trading Account that is created for each Client when he completes an account application via the Website and is approved by the Company.
Brand name
Means the brand name (“APC Prime”) used by the Company.
Client
Means any person that has been approved to open an account(s) with the Company, for the introduction of which the Partner actively mediated so as for this person to enter into a financial contract with the Company.
Confidential Information
Means any data or information of either party, including oral, written or electronic data or information including past, present or future research, development or business activities, and including without limitation, any information relating to developments, inventions, processes, plans, trading information and financial information. The Confidential Information shall not include information that is available in the public domain, not as a result of the actions of the receiving party, that was known to and/or developed by the receiving party prior to its receipt from the disclosing party, or that was lawfully received by the receiving party from a third party without obligation of confidence.
Intellectual Property Rights
Means without limitation patents, know-how, trademarks, rights to inventions, copyright and related rights, trade marks, business names and domain names, lists and information on any Clients, information on business or trading practices and remuneration, Client incentive and loyalty schemes, commission or other similar incentive schemes for affiliates and other business partners, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Main Website
Means the Company’s domain name or any other domains that the Company operates mainly for promotional and marketing purposes in languages other than English.
Marketing Material
Means any material prepared and/or approved by the Company for each Partner to promote the Company’s products and services.
Trademark
Means the Company’s and/or the Broker’s registered trademarks, including all other related trademarks as they are locally and internationally recognized and protected under international and local laws.
Trading Platform
Means the electronic trading facility offered by the Company (e.g. MetaTrader platform) through which a Client may send information including prices, orders, bids, offers and executions for the purposes of trading with or through the Company.
Partner Representation and Warranties
The Partner hereby represents, warrants, covenants and agreed to the Company as follows:
The Partner has all requisite authority to enter into this Agreement and to be fully bound hereby, and all necessary action has been taken by him in connection herewith. The Partner acknowledges and confirms that he can enter into this Agreement and isapproved and/or authorised and/or qualified under his local regulatory requirements to offer the services mentioned in this Agreement.
The Partner has fulfilled all registration, qualification and/or other requirements of all jurisdictions and regulatory bodies to the extent that such registration, qualification and/or other requirements are applicable to him during the term of the Agreement and will remain in strict compliance with all of the foregoing.
If the Partner is a company or other entity, the Partner is duly organised, validly existing and in good standing under the laws of its jurisdictions.
There is no action or proceedings pending against the Partner or any of its officers or directors in their capacities as officers and directors of the Partner before any Court, administrative agency or other tribunal which might have a material adverse effect on its or the Company’ s business or condition, financial or otherwise, or its operation. No director, officer, key employee or member of the Partner’s senior management has a criminal record or criminal prosecution and/or investigation pending.
The Partner will act as a mediator between the Company and his Clients for enhancing the quality of service offered to his Clients as well as introducing and/or explaining the services offered by the Company to his Clients. As a mediator, the Partner will do all that is necessary in order for the Company and his Clients to enter into a contract including but not limited to carrying out the preparatory work necessary for the conclusion of an agreement between the Company and the Client.
The Partner will carry on his operations and business as an independent contractor and not as an agent or employee or representative of the Company. The Partner cannot use the Company’s logos in any of his correspondence, on any business cards or on any electronic transmission, etc.
The Partner acknowledges and agrees that he is responsible for the payment of all relevant duties and/or charges and/or taxes arising from the course of his business.
The Partner acknowledges that he is not allowed to register a business that include the Trademarks of the Company as duly defined above. Furthermore, the Partner acknowledges that he is not allowed to register and/or operate a domain name that includes the Company’s name.
The Partner further acknowledges that he is not allowed to use and/or register a Trademark and/or domain name which is similar in appearance, designation and notion and/or which could reasonably provide a misleading association with the business and goodwill of the Company.
The Partner acknowledges that he is not allowed to use and/or register Trademarks and/or domain names which are in connection with the name of the Company and particularly if such marks consist of one word and are inseparably combined (in its entirety).
The Partner shall not provide any investment advice or portfolio management services to his/her Clients.
The Partner is obliged to inform his introduced Clients of any fees received as well as any additional fees involved with regards to the service provided under this Agreement.
Partner Relationships and Activities
In the event that the Partner deviates from the standard interpretation of this Agreement, it will be considered that he has breached the Agreement unless he has obtained written confirmation from the Company.
The Partner hereby undertakes to introduce prospective Clients with regards to the services offered by the Company. For the introduction of Clients the Partner will endeavor and will carry out all necessary actions so as for the Company to enter into an agreement with the referred client.
The Partner shall assist prospective Clients on completing account registration forms for opening an account with the Company.
The Partner shall translate documents, where needed, for the Company as well as explain to his Clients the services offered by the Company. If applicable, the Partner shall also act as a translator between the Client and the Company.
Without prejudice to the obligations of the Partner under this agreement and specifically the service of acting as a mediator between the Company and the prospective client, the Company is not responsible and has no liability for any advice or recommendation or decision provided by the Partner to the Client.
For the Partner to be eligible for any fees with regards to the introduced Client, has to meet all requirements set in this Agreement, including further Appendices, as well as the Partner must ensure that he has mediated so as for the Client and the Company to enter into an agreement with the prospective Client before the prospective Client opens an account with the Company without the Company utilizing the distinct act of mediation of the Partner OR the prospective Client came directly from the Partner’s website and opened an account with the Company. For the avoidance of doubt, the obligations of Partner under this Agreement and specifically the obligations in relation to carrying out all actions necessary in order for the Company to enter into an agreement with the client are not lifted in cases where the clients reach the Company through the website of the Partner.
In the case of the Partner maintaining a website for promoting his business then the following functionalities and information should be included:
A link should be available directing prospective Clients to the Company’s Main Website;
The Company’s information and/or logo and/or banners are provided to prospective clients.
The Partner and/or the Partner’s personnel is required to obtain the Company’s approval prior to uploading any information or functionalities (as per paragraph 4.7) relating to the Company and their services. In the case where the Partner intends to change the Company’s information and/or functionalities that were initially provided and approved by the Company, then the Partner needs to obtain a new approval by the Company before the Partner proceeds with such changes.
The Partner undertakes that its marketing activity and/or any content to be posted and/or published in the Partner’s Website shall not be directed toward minors and/or engage in any other practices which may affect adversely the high image, credibility or reputation of the Company, its services and/or its Trading Platforms, including without limitation of the generality of the foregoing, material that is in breach of and/or infringes any Intellectual Property Rights of any third party (including any material copied from third parties without their permission) and/or including any false, misleading or disparaging representations or statements with respect to the Trading Platform and/or the Company.
The Partner and/or the Partner’s personnel as regards the information and/or any promotional and marketing material addressed to potential clients shall ensure that such material:
Is not likely to deceive the public; and/or
Does not contain any material misstatement of fact or a statement that a person knowingly omits a fact, if such omission makes the promotional material misleading; and/or
Does not include false, misleading information such as promised returns/guarantee profits; and/or
Does not include statements that mislead the prospective Clients to consider that trading in CFDs carries little or no risk; and/or
Does not include references that do not reflect the real opinion of Clients; and/or
Does not include information and/or advertising the provision of investment services that the Company has not been granted a suitable authorization ; and/or
Does not mention the possibility of profit, unless accompanied by an equally prominent statement of the risk of loss; and/or
Does not include any reference to actual past trading profits without mentioning that past results are not necessarily indicative of future results; and/or
Does not include any specific numerical or statistic information about the past performance of any actual accounts (including the rate of return) unless such information is and can be demonstrated to be representative of the actual performance for the same time period of all reasonably comparable accounts; and/or
Does not use any types of improper advertising for promotion, such as:
Active promotion systems;
Immoral (including pornographic) sites advertising; and/or advertising with deliberate misrepresentation of the offered services;
Deception, as well as deliberate non-disclosure of risks to Clients and information on services to be offered; and/or
All other types of improper advertising.
The Partner and/or the Partner’s personnel is not allowed to:
Enter into monetary relations with the clients (including but not limited to cash assets, cash cards and bank cards receiving, etc.)
Offer advice to Clients concerning deals under the Client Agreement.
Cause or enable any transactions to be made that are not in good faith, including among others by means of any device, program, robot, hidden frames and redirects, and ‘fake’ traffic (in each case without derogating from other remedies the Company in law, equity or otherwise).
Cause to enable to be established, without the prior written approval by the Company, any promotion that provides any rewards, points or compensation for and any other activity that the Company deems at its sole and absolute discretion to be of similar nature, or that allows third parties to place links to the Company’s Website.
Offer any referral, whether directly or indirectly, any kind of deal, arrangement for payment or portion of the Program, or any other incentive which may be considered to be a ‘commission sharing arrangement’.
Attract Clients with the help of inadmissible means and methods, such as fraud, deception, provision of insufficient information about risks involved in investments into financial instruments, and other illegal actions.
In the event of any disparity between the claim(s) made by the Partner and the Company with regards to the introduced Client, the Company shall have the sole discretion in accepting or rejecting the claim(s) of the Partner.
Any prospective Client, who is introduced by the Partner and opens an account with the Company, will also be considered the Company’s Client, and needs to follow the same procedure as any other person who opens an account with the Company.
The Company may at its sole discretion accept or decline any Client introduced by the Partner.
Without prejudice to the obligations of the Partner under clause 3.1.5. of the present Agreement, whereby the Partner undertakes to act as a mediator between the Company and the prospective client for the conclusion of an agreement and for presenting, to prospective clients, the financial products of the Company the Partner shall not direct or influence any Client with regards to his trading or funding facilities unless the Client has given written consent to the Partner to do so and in the form acceptable by the Company.
The Company is not liable or responsible for any marketing or promotions initiated by the Partner and for any costs or charges for such activity. The costs will be met by the Partner.
Company’s Undertakings & Payments
The Company will exclude from the calculation any volume resulting from equity generated from Bonus.
The Company will count for the calculation of fees every round turn lot traded, meaning open and first close trade; in case of following partial closings will be excluded from the calculations. The Company will also exclude from its fee calculations any position with a lifetime equal or less than 60 seconds
In the event of any dispute, or complaint from a Client, the Company has the right to hold back any fees due to the Partner until such issues are resolved.
In the event that the Company will identify any abuse on the trading activity of the Partner’s clients, such as open and close trades instantly for the purpose of generating commissions, the Company reserves the right to place time limitation on the Partner’s profile.
Method of Payment: Any commission/fees will be credited to the Partner’s account opened with the Company in accordance with the Company’s terms of business.
The Partner will be able to request a withdrawal from his/her account to be executed via bank wire transfer or other alternative payment methods as agreed with the Company from time to time (applicable fees may apply).
Notwithstanding any other provision in this Agreement, the Company may, in its sole and absolute discretion, withhold, delay or deny payment of the IB Partner Program in any of the following events:
The Company has reason to suspect that the Partner’s and/or the Partner’s employees’ activity is not in compliance with any applicable laws or regulations regarding digital advertising;
The Company has reason to suspect that the Partner’s activity is in breach of this Agreement;
The Partner has failed to complete any form as may be required by the Company or has entered misleading or incorrect information in a form provided by the Partner to the Company;
The Partner has failed to provide any document as may be demanded by the Company; and/or
The Company has been notified by any third party of the alleged infringement of property or rights (e.g. intellectual property rights) by the Partner or by the Partner’s activity.
In addition, the Company may in its sole and absolute discretion, withhold, delay or deny payment of the Program in relation to any Clients where:
The Client has created a duplicate profile;
The Client has any chargebacks to his/her account;
The Client traded only the minimum trades/lots needed for the Partner to qualify under the Program, with no trading activity over the following 5 (five) business days;
The Client traded only the minimum trades/lots needed for the Partner to qualify under the Program, and then withdrew more than 50% of the original deposit within 3 (three) business days.
The Company reserves the right to alter the Program at any time. The Partner should always refer to their IB Partner Portal for their current Program. For more details, please contact [email protected].
Confidentiality
The Partner shall keep all information confidential and shall not disclose to any third party any of the terms of this Agreement or any information incidental or related thereto the business of the Company (other than such terms or information which comes into the public domain), unless it is required under any applicable law or by any regulatory or governmental body or obtained by the Company’s written consent. Notwithstanding anything to the contrary in this Agreement or the termination of this Agreement, this clause shall continue to have effect and be binding to the Partner without any time limit.
Notices and Communications
Unless otherwise specified, the Partner has to send any notice, instruction, request or other communication to the Company by email to [email protected].
Information may be provided by the Company to the Partner in paper format or by email to the Partner’s email address provided during his registration.
Unless otherwise specified by the company, All notices/information provided by the Company or received from the Partner should be in the English language.
Amendments and Termination
This Agreement may be amended from time to time. Any changes to the Agreement will not apply to transactions performed prior to the date on which the changes become effective unless specifically agreed otherwise. The Company shall notify the Partner of any changes in the Agreement at least five (5) business days prior to the amendments coming into force. Should the Partner disagree with the changes, he may terminate the Agreement in accordance with paragraph 8.2 below.
Either party (Company or Partner) can terminate the Agreement by giving five (5) business days written notice to the other party.
The Company shall reserve the right to terminate or suspend without notice, this Agreement or any rights of the Partner that may fall under the provisions of this Agreement and/or its Appendices hereto attached or related, due to any malpractice, breach, failure or other significant event, including liquidation or insolvency, on the part of the Partner. Such termination will be at the sole discretion of the Company.
The Company shall further reserve the right to impose up to a 5 minute trading restriction, retroactively within a given period, and/or terminate or suspend the Agreement and/or any rights of the Partner, without prior notice and/or consent, should it come to the Company’s attention or suspicion that the Partner (or any of its third-party affiliates) abused or manipulated any of the Company’s Terms and Conditions and/or abuses the terms of this Agreement.
The Company has the right to terminate this Agreement if the Partner involves less than three (3) Clients within ninety (90) day period from the date of concluding this Agreement, or has not introduced any new Clients for 1 month period.
The Company has the right to exclude a Client from an Partner’s group in the case where the Client has not funded within thirty (30) days his account approval, or the Client is not active (funding his account) for 3 months.
Upon termination of the Agreement, the Partner is obliged to return to the Company any Company materials used to promote his business (e.g. newsletters, banners, text, etc.). In the case where the Partner maintains a website and is using any Company’s and/or its affiliated entities marks, material, banners etc. he is obliged to immediately withdraw such materials within two (2) business days from the notice of termination of the said Agreement.
Upon termination of this Agreement, the Company warrants to pay the Partner all fees as set out on this Agreement provided that any such amount has been generated as a result of the proper fulfilment of the terms of this Agreement.
Governing Language
This Agreement as well as any additional agreement hereto (both present and future) are made in English. Any other language translations are provided as a convenience only. In the case of any inconsistency or discrepancy between the original English texts and their translation into any other language, the original versions in English shall prevail.
Applicable Law and Place of Jurisdiction
This Agreement and all transactional relations between the Client and the Company are governed by the laws of Saint Lucia and the competent court for the settlement of any dispute which may arise between them under or in relation to this Agreement shall be the Courts of Saint Lucia.
-End of The Agreement-
August 2026 – version 1.1
Copyright © 2026 APC PRIME LTD. All Rights Reserved