INTRODUCTION
By using the Trillant Affiliate service, you agree to be bound by these supplemental “Trillant Affiliate Terms of Service” and you acknowledge and agree that you have carefully and thoroughly read, understood, and accepted all of the terms and conditions contained herein, which is in addition to the Trillant Value Token Terms (the “Agreement”). Any capitalized terms used but not defined below have the meaning prescribed in the Agreement. Should any conflict arise between the Agreement and the Trillant Affiliate Terms of Service during or related to your use of the Trillant Affiliate service, the latter shall control.
A. About Trillant Affiliate
The Trillant Affiliate service is a referral mechanism that allows you, a qualifying Trillant user, to recommend a referral recipient to stake Trillant (the “Direct Partner”), where you can earn a fee from company’s earnings.
B. Referral Mechanism
The Trillant Affiliate service is a limited purpose referral mechanism available through the Trillant platform. The additional conditions of the referral mechanism are available at the Trillant back office.
The fees earned by Users is determined by, and subject to the rules of, the Trillant and may be changed or modified by the Trillant at its sole discretion. By entering into a transaction with the Trillant you agree to be bound by the Trillant’s Terms of Service. The Trillant Terms of Service are valid in all cases except when they contradict or violate the Agreement, these Trillant Affiliate Terms of Service, are illegal, are unreasonable or otherwise difficult to comply with (as determined in Trillant’s sole and absolute discretion), or if you and the Trillant consent to alter the Direct Partner Terms. IT IS YOUR RESPONSIBILITY TO CAREFULLY READ THE TRILLANT TERMS AND FOLLOW THEM EXACTLY. IF YOU DO NOT FOLLOW THE TRILLANT TERMS, YOUR TRANSACTION MAY BE DENIED. NEVER ENTER INTO A TRILLANT AFFILIATE SERVICE TRANSACTION UNLESS YOU HAVE FOLLOWED ALL TERMS AND CONDITIONS LISTED. IF YOU FAIL TO FOLLOW THE TERMS AND CONDITIONS, TRILLANT MAY NOT BE ABLE TO ASSIST YOU IN A DISPUTE PROCESS TO RECOVER YOUR FUNDS.
C. Fees
Trillant will always be transparent about fees. Fees will apply to your use of Trillant’s service. For more information and updates on fees, please refer to Trillant back office.
D. Qualifying Accounts and Restricted Jurisdictions
The Trillant Affiliate service has been made available only to those users that qualify for the service. Trillant reserves the right to prohibit or modify the Trillant Affiliate service for any Trillant user.
NO WARRANTY, LIMITATION OF LIABILITY & ASSUMPTION OF RISK
THE TRILLANT AFFILIATE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRILLANT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. TRILLANT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. TRILLANT IS NOT LIABLE FOR ANY FAILURES OF THIRD-PARTY SOFTWARE OR TECHNOLOGIES, ANY DISRUPTION OR ANY LOSS A USER MAY SUFFER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES AND WEBSITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE VARIOUS RISKS INHERENT TO USING DIGITAL CURRENCY INCLUDING BUT NOT LIMITED TO REGULATORY RISK, HARDWARE FAILURE, SOFTWARE ISSUES, INTERNET CONNECTION FAILURE, MALICIOUS SOFTWARE, THIRD PARTY INTERFERENCE LEADING TO LOSS OR LACK OF ACCESS TO YOUR ACCOUNT OR WALLET AND OTHER USER DATA, SERVER FAILURE OR DATA LOSS. YOU ACCEPT AND ACKNOWLEDGE THAT TRILLANT WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS YOU MAY EXPERIENCE WHEN USING THE SERVICES, HOWEVER CAUSED.
IN NO EVENT SHALL TRILLANT, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVISORS, CONSULTANTS OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF TOTAL FEES PAID BY YOU FOR THE SERVICE THAT IS SUBJECT OF THE CAUSE OF ACTION IN THE TWELVE (12) MONTHS PRIOR TO THE LOSS ARISING OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TRILLANT HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF TRILLANT’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You acknowledge and agree that Trillant is acting as an interface provider for this Trillant Affiliate service. You further acknowledge that Trillant has no control over, nor shall Trillant be liable for the underlying profit-generating programs provided by the Trillant Affiliate. Trillant shall not be responsible for any losses incurred as a result of smart contract vulnerabilities, hacking incidents, or suspension, discontinues, or termination of business, bankruptcy, abnormal suspension or cessation of trading of Trillant Affiliate or other potential risks. You agree to bear all the relevant risks associated with the Trillant Affiliate platform and all the losses you may incur as a result of the abovementioned risks. If you incur any loss as a result of the occurrence of the abovementioned risks, you agree that the corresponding part of frozen funds you lost in your account shall be forfeited to the extent of the damage or loss so caused.
You agree and accept that if any part of the Trillant Affiliate service provided by Trillant are not accessible or are interrupted due to the following circumstances, Trillant shall not be liable for any of your or any third parties’ losses (including but not limited to any direct, indirect, or possible loss of profits) as a result therefrom:
Direct Partner’s suspension, discontinuity, closedown or termination of its business;
Service suspension for maintenance as announced by Trillant;
System failure in transmitting data;
Force majeure or other accidents caused by unforeseeable, unavoidable, and unsolvable circumstances, such as typhoon, earthquake, tsunami, flooding, plague, power outage, war, turmoil, government actions, terrorist attacks, etc., that lead to the suspension of Trillant platform;
Service failure, interruption or delay arising from hacking, computer virus, technical adjustment or failure, website upgrade, banking issues, or temporary closure arising from government regulations;
Service failure, interruption, delay, no system response, or delayed system response caused by the computer system of the Trillant platform being damaged, defective or otherwise unable to perform normally;
Abnormal technical problems that cannot be predicted or solved by existing technical forces in the industry;
The fault or delay of any third parties; or
Changes in any applicable laws, regulations, or government orders.
You further agree and accept that the occurrence of the above circumstances may lead to abnormal transactions, market interruptions, and other possible abnormal circumstances, and Trillant reserves the right to refuse to execute your transaction at its sole discretion.
Effective date: August 24, 2022