Effective Date: February 15, 2024
IMPORTANT NOTICE: THESE REFERRAL PROGRAM TERMS AND CONDITIONS (THE "TERMS") ARE LOCATED AT HTTPS://BLACKFORT.EXCHANGE/TERMS-OF-SERVICE/ AND MAY BE MODIFIED OR AMENDED BY THE COMPANY AT ANY TIME AND FROM TIME TO TIME AT THE COMPANY’S SOLE DISCRETION. ANY MODIFICATIONS OR AMENDMENTS TO THESE TERMS WILL BE EFFECTIVE FIFTEEN (15) DAYS AFTER POSTING AT THE ABOVE URL. THE COMPANY WILL PROVIDE AFFILIATES WITH NOT LESS THAN THIRTY (30) DAYS' NOTICE OF THE EFFECTIVE DATE OF ANY SUCH MODIFICATIONS OR AMENDMENTS THAT WOULD CHANGE THE TERMS OF AFFILIATES’ PARTICIPATION IN THE REFERRAL PROGRAM FROM THE TIME A MODIFICATION OR AMENDMENT IS APPLICABLE.
1. Introduction
These Terms govern the Blackfort referral program whereby users can be referred to Blackfort by Affiliates (as defined below) and, in exchange, the Affiliates may receive referral fees.
By using any of the services, you agree that you have read, understood, and accept all of these Terms (including, without limitation, provisions on limitation of our liability), as well as all of the terms and conditions of our Anti-Money Laundering Policy and Privacy Policy, which are hereby incorporated by reference and form part of these Terms.
Anti-Money Laundering (AML) Policy: https://blackfort.exchange/aml-kyc/
Privacy Policy: https://blackfort.exchange/privacy-policy/
Unless otherwise stated herein, references to "Blackfort," "Company," "we," "us," or "our" in these Terms will refer collectively to Blackfort Technologies LLC, a limited liability company incorporated under the laws of Georgia, with identification number 400373118 and registered address at:
Georgia, Tbilisi, Gldani District, Omar Khizanishvili Street, N 264 (Free Industrial Zone of Tbilisi Technology Park)
If we need to contact you, we will do so by writing to you at the email address or postal address you provided in your Account. References to "writing" or "written" in these Terms include emails.
2. No Partnership or Agency
No partnership, joint venture, employee-employer, agency, or franchiser-franchisee relationship is intended or created by these Terms.
We do not endorse or recommend any particular virtual currency, digital asset, or transaction.
You acknowledge and agree that the decision to use our services and all transaction decisions are made solely by you, and we bear no responsibility or liability for the outcome of your decisions.
Affiliates shall not:
Represent themselves as agents of the Company for any purpose.
Give any condition or warranty on the Company’s behalf.
Make any representation on the Company’s behalf.
Commit the Company to any contracts.
Incur any liability for or on behalf of the Company.
3. Eligibility
The network is not available to:
Persons under the age of 18.
Persons who are suspended or removed from using the network.
Persons who do not agree to or are not in compliance with these Terms, the AML Policy, or the Privacy Policy.
Persons who are not lawfully permitted to use our services or cannot enter into legally binding contracts.
To use the Blackfort network, you must:
Register for an Account.
Accept these Terms, the AML Policy, and our Privacy Policy.
We may, at our sole discretion, refuse to open an Account for you or limit the number of Accounts you may hold.
Affiliate Requirements:
Must be an active user of the Platform.
Must have purchased Blackfort Node NFTs of at least EUR 100 (or equivalent in another currency).
4. Definitions
Account: Your virtual interface within the Blackfort network, accessible by your registration email and password.
Affiliate: A user who engages in marketing activities to advertise BlackFort services to third parties in exchange for a bonus from the referral program or any other commission.
Advertising Content: Any copy, artwork, data, photographs, slides, video clips, information, and/or other material provided or selected by the Company for inclusion in an advertisement.
Advertising Guidelines and Requirements: Company's guidelines and requirements for publishing the Advertising Content.
AML: Anti-Money Laundering.
AML Policy: The document that sets out the main principles and guidelines towards the Company’s AML approach.
Blackfort Network (also Platform): Platform where users can discover Node NFTs available on the blockchain, buy them, and experience blockchain technology by holding Node NFTs.
Business Day: A day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business.
Communications: As defined in Section 14.1.
Confidential Information: Information relating to the business, customers, products, affairs, and finances of the Company or any Group Company that is confidential.
Group Company: The Company, its subsidiaries, or holding companies from time to time.
Intellectual Property Rights: All intellectual property rights worldwide, whether registered or unregistered.
KYC Documents: As defined in Section 7.3.
Party or Parties: Individually refers to any of the Dealer or the Company; together refers to both.
Privacy Policy: The document that outlines how, when, and under what conditions we process your personal data.
Referral: Each time a User signs up on the Platform using the referral link based on the Affiliate’s unique ID.
Referral Fee: The fee payable by the Company to the Affiliate for each Referral, pursuant to Section 8.
Restricted Customer: Any firm, company, or person who was a customer or prospective customer of the Company or any Group Company within the 12 months before termination of these Terms.
Taxes: As defined in Section 15.1.
Terms: These Terms and all annexes thereof under which the Parties agree on the general terms and conditions of the referral program.
User: An individual using the Platform and the dashboard to sign up for a wallet and utilize Blackfort’s services.
5. Affiliate Services
Promotion of Platform:
You agree to promote the Platform through approved channels such as your website, social media platforms, or email marketing.
Use of Advertising Content:
You may only use the Advertising Content prepared, reviewed, and approved by the Company.
The Advertising Content must be distributed in line with the Advertising Guidelines and Regulations.
6. General Obligations
6.1 Your Obligations
You are obliged under these Terms:
To act in good faith and adhere to these Terms and other provisions governing the use of the Platform.
To properly fulfill your obligations to us in a timely manner.
To provide us with accurate, correct, up-to-date, and non-misleading information, documents, and data.
To comply with all applicable laws and regulations at all times, including AML/CTF regulations.
Not to use any incorrect or misleading information or statements with respect to the Advertising Content.
To treat Users with respect and professionalism.
To comply with all privacy laws and regulations.
6.2 Our Obligations
Our obligations to you:
To strive to enable the intended use of the Platform and take timely measures to correct any operational faults.
To fulfill our obligations to you in respect of these Terms.
6.3 Confidentiality and Non-Compete
Confidentiality:
You shall not disclose any Confidential Information.
Exceptions include authorized use or disclosures required by law.
Non-Compete:
You agree not to engage in the sale or promotion of any products or services that directly compete with the Company's offerings, including:
Selling products offered by direct sales companies or engaging in network marketing activities.
Participating in any form of affiliate marketing where commission-based services are promoted through affiliate links.
Breach of this clause may result in injunctive relief and other legal remedies, including immediate termination and withholding of commissions or bonuses.
7. Eligibility
You are eligible to use our services if you comply with all of the following criteria:
You have the capacity to enter into and be bound by these Terms.
You have attained the legal age of majority and reside in a country where our services are legally accessible.
You have provided accurate and complete information and documents requested by us to verify your identity.
You consent to us carrying out the required AML/CTF checks.
We are satisfied with the outcome of any identity, fraud, and background checks.
You create an Account in accordance with these Terms.
You do not use or intend to use the Blackfort network for unlawful activities.
You comply with all applicable laws and regulations, including AML/CTF regulations.
8. Representations and Warranties
By accepting these Terms, you:
Confirm that you are eligible to use our services.
Confirm that you have read and commit to be bound by these Terms.
Acknowledge that any actions performed using your Account are valid and legally binding.
Confirm that you have sufficient knowledge relating to the use of our services.
Acknowledge that we have not advised or individually recommended you to use our services.
Agree to notify us immediately of any changes to information you have provided.
Confirm compliance with all local regulations and laws.
Confirm that your use of our services does not violate any applicable laws or regulations.
Represent and warrant that all representations and warranties given are true and accurate.
9. Verification and AML/CTF Checks
KYC Requirements:
You must provide information and documents for us to comply with legal obligations.
Verification is conducted through our third-party processor.
Information Requests:
We may request additional KYC Documents.
Failure to provide requested information may result in suspension or termination of services.
Consent:
You consent to the collection and retention of your information.
You authorize us to make necessary inquiries to verify your identity.
Compliance:
We have a duty to report suspicious activity.
We may terminate the business relationship if we determine unacceptable risk.
Right to Inspect and Defer:
We may request to inspect your location or documentation.
We may delay settlement or restrict access to funds if necessary.
10. Referral Fee and Payments
10.1 Referral Fee
Commission:
Every time a User buys BXN nodes, you will earn a Referral Fee of 10% of the purchase amount in the cryptocurrency used.
Additional indirect airdrops and bonuses may be provided at the Company's discretion.
10.2 Payments
Automatic Payments:
Referral Fees are paid automatically through our system.
Deductions:
We may deduct applicable charges or Taxes.
10.3 Transactions
Withdrawals:
May take up to 24 hours to process.
Minimum withdrawal amount is EUR 50 or equivalent.
Top-Up Transactions:
Exact amount must be received; ensure all transaction costs are covered.
Transaction Fees:
Orders over EUR 150:
Non-Smart-chain cryptocurrencies: 10% plus transaction fee.
Smart-chain native tokens: 10% plus transaction fee.
Smart-chain non-native tokens: 10% plus additional fees (vary by token).
Orders under EUR 150:
Automated email from the payment processor.
Finality:
All transactions are final once executed.
Third-Party Services:
Buy/sell function utilizes Transak (transak.com), a licensed third-party service provider.
11. No Partnership or Agency
Affiliate Status:
Affiliates operate as independent sole proprietors in a business-to-business (B2B) relationship.
Affiliates do not have a principal-agent relationship with the Company.
Liability:
Affiliates are solely responsible for their actions or omissions.
Affiliates agree not to seek recourse through consumer protection measures against the Company.
Affiliates must indemnify and hold the Company harmless from any claims arising from their conduct.
12. Closing, Suspension, and Termination
Account Closure:
You may close your Account at any time.
Closure cannot be used to evade investigations.
Company's Right to Terminate:
We may terminate services with 30 days' written notice.
Immediate termination may occur for reasons including:
Providing incorrect or misleading information.
Failure to comply with obligations.
Engaging in activities that pose a risk or violate laws.
Effects of Termination:
All rights granted terminate immediately.
Parties must return or destroy Confidential Information.
Outstanding payments must be settled.
Certain provisions survive termination.
13. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates from any claims, costs, losses, liabilities, damages, expenses, and judgments arising out of:
Your wrongful or improper use of the services.
Violation of any term or condition of these Terms.
Access or use of the services with your account information by another party.
Violation of any third-party rights.
Violation of any applicable law.
Fraudulent behavior, willful misconduct, or gross negligence.
14. No Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
We make no warranties of any kind, express or implied.
We do not warrant that:
The services will operate error-free or uninterrupted.
The services will meet your requirements.
The services are free from viruses or harmful content.
We do not endorse or assume responsibility for any third-party products or services advertised through our services.
15. Limitation of Liability
No Liability for Indirect Damages:
We will not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages.
Liability Cap:
Our liability will not exceed the fees earned by us in connection with your use of the services during the six-month period preceding the event giving rise to the claim.
Full Extent:
Limitations apply to the fullest extent permitted by law.
16. Communications
Consent to Electronic Communications:
You agree to receive all communications electronically.
Communications may be posted on our website, emailed, or sent via other electronic means.
Withdrawal of Consent:
You may withdraw consent by following unsubscribe instructions or contacting us.
Service-Related Communications:
Even if you unsubscribe from marketing, we may continue to send service-related updates.
17. Taxes
Your Responsibility:
You are responsible for determining and paying all applicable Taxes.
You must collect, withhold, report, and remit correct Taxes to the appropriate authority.
Company's Position:
We are not responsible for determining whether Taxes apply or collecting, reporting, or remitting any Taxes.
18. Data Protection
Compliance:
We agree to comply with our obligations under data protection laws.
Privacy Policy:
Details on data collection and processing are outlined in our Privacy Policy.
Security Measures:
We implement appropriate technical and organizational measures to protect personal data.
Accuracy:
You are obliged to inform us if any information we hold about you is inaccurate or outdated.
19. Information Storage
Retention:
We will store essential information related to orders for at least ten years.
Security:
We undertake to safeguard information but cannot guarantee total security.
20. Miscellaneous
Assignment:
We may assign our rights and obligations; you may not assign yours without prior written consent.
Entire Agreement:
These Terms constitute the entire agreement relating to your use of the services.
Severability:
If any provision is deemed invalid or unenforceable, it will be severable and not affect remaining provisions.
Force Majeure:
We are not liable for delays or failures due to causes beyond our reasonable control.
No Waiver:
Failure to assert any right or provision does not constitute a waiver.
Amendment:
We may update or change these Terms by posting amended Terms on our Platform.
Governing Law and Jurisdiction:
These Terms are governed by the laws of Georgia.
Disputes shall be submitted to the Georgian International Arbitration Centre in Tbilisi, Georgia.
The arbitration language shall be English.
Sections that Survive Termination:
Section 6 (Representations and Warranties)
Section 11 (Indemnification)
Section 12 (No Warranties)
Section 13 (Limitation of Liability)
Section 14 (Communications)
Section 20.7 (Governing Law and Jurisdiction)
Contact Information:
For any questions or concerns regarding these Terms, please contact us at:
Email: support@blackfort.exchange