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QuantumScale Munich Partner Agreement

 

Table of Contents

  1. General Provisions
  2. Definitions
  3. Registration and Acceptance
  4. Partner Rights and Responsibilities
  5. QuantumScale Rights and Responsibilities
  6. Commission Structure and Payment Terms
  7. Marketing and Promotional Activities
  8. Compliance and Ethical Guidelines
  9. Confidentiality
  10. Intellectual Property
  11. Data Protection and Privacy
  12. Term and Termination
  13. Representations and Warranties
  14. Indemnification
  15. Limitation of Liability
  16. Governing Law and Jurisdiction
  17. Dispute Resolution
  18. Miscellaneous Provisions
  19. Notices
  20. Entire Agreement
  21. Additional Provisions

 

 

  1. General Provisions

1.1. This Partner Agreement (“Agreement”) is made between QuantumScale Munich UG (haftungsbeschränkt, hereinafter referred to as “QuantumScale” or “Company,” and the Partner, an individual or legal entity participating in the QuantumScale Affiliate Program.

1.2. The Agreement governs the relationship between QuantumScale and the Partner in promoting QuantumScale’s products and services under the Affiliate Program.

1.3. By registering as a Partner, you agree to comply with all terms and conditions set forth in this Agreement.

1.4. The official language of this Agreement is English. Translations into other languages are provided for convenience only.

  1. Definitions
  • “Affiliate Program”: The QuantumScale Affiliate Program operated by QuantumScale for Partners to promote its products and services.
  • “Partner”: An individual or legal entity participating in the Affiliate Program.
  • “Products and Services”: Automated trading software (Expert Advisors or EAs), portfolios, and any other offerings provided by QuantumScale.
  • “Commission”: Fees payable to the Partner for successful referrals and qualifying activities as outlined in this Agreement.
  • “Referral”: A new client introduced to QuantumScale by the Partner.
  • “Sub-Partner”: An affiliate recruited by the Partner.
  • “Confidential Information”: All non-public information disclosed by one party to the other.
  1. Registration and Acceptance

3.1. To become a Partner, an individual or legal entity must complete the registration process available on QuantumScale’s website.

3.2. QuantumScale reserves the right to approve or reject any Partner application at its sole discretion without providing reasons.

3.3. Upon successful registration and acceptance, the Partner will receive a unique Partner ID and access to the Affiliate Dashboard.

3.4. By registering, the Partner agrees to the terms and conditions of this Agreement and any amendments thereto.

  1. Partner Rights and Responsibilities

4.1. Rights

4.1.1. The Partner has the right to promote QuantumScale’s Products and Services in accordance with this Agreement.

4.1.2. Access to marketing materials and support provided by QuantumScale.

4.1.3. Earn commissions based on the agreed commission structure.

4.2. Responsibilities

4.2.1. Promotion

  • Actively promote QuantumScale’s Products and Services to potential clients using ethical and lawful means.

4.2.2. Compliance

  • Adhere to all applicable laws, regulations, and guidelines, including but not limited to financial promotion regulations and anti-money laundering laws.
  • Comply with QuantumScale’s Compliance and Ethical Guidelines (Section 8).

4.2.3. Accurate Representation

  • Provide accurate information about QuantumScale’s Products and Services.
  • Avoid making misleading or false statements, including guarantees of income or investment returns.

4.2.4. Use of Marketing Materials

  • Use only approved marketing and promotional materials provided by QuantumScale.
  • Obtain prior written consent for any custom materials.

4.2.5. Confidentiality

  • Maintain the confidentiality of Confidential Information as per Section 9.

4.2.6. Record-Keeping

  • Keep accurate records of promotional activities and referrals.
  • Provide reports to QuantumScale upon request.

4.2.7. Sub-Partner Management (if applicable)

  • Ensure that Sub-Partners comply with the terms of this Agreement.
  • Provide support and guidance to Sub-Partners.

4.2.8. Disclosure

  • Clearly disclose the affiliate relationship with QuantumScale in all communications as required by law.

4.2.9. Prohibition on Unauthorized Use and Distribution of Expert Advisors

  • 4.2.9.1. Non-Distribution
    • The Partner shall not distribute, share, sell, sublicense, or otherwise make available QuantumScale’s Expert Advisors (EAs) or any part thereof to any third party without prior written consent from QuantumScale.
  • 4.2.9.2. Prohibition of Copy Trading
    • The Partner is strictly prohibited from using QuantumScale’s EAs for the purpose of copy trading, mirror trading, or any similar activities that replicate trading signals for third parties.
  • 4.2.9.3. Compliance with Usage Terms
    • The Partner agrees to use the EAs solely for personal trading activities on approved platforms and in accordance with this Agreement.
  • 4.2.9.4. Monitoring and Enforcement
    • The Partner acknowledges and agrees that QuantumScale actively monitors copy trading platforms and trading profiles to detect unauthorized use of its EAs. QuantumScale reserves the right to identify and investigate trades that correspond to its proprietary algorithms.
  • 4.2.9.5. Consequences of Unauthorized Use
    • In the event QuantumScale identifies unauthorized use or distribution of its EAs by the Partner:
      • Immediate Termination: QuantumScale will immediately terminate the Partner’s access to the EAs and related services.
      • Blocking of Software: The Partner’s license to use the EAs will be revoked, and the software will be blocked.
      • Legal Action: QuantumScale will initiate legal proceedings against the Partner, seeking damages amounting to a multiple of the income generated from such unauthorized use, including but not limited to profits from copy trading activities.
  1. QuantumScale Rights and Responsibilities

5.1. Rights

5.1.1. Approval of Partner Activities

  • Monitor and approve the Partner’s promotional activities and materials.

5.1.2. Modification of Program

  • Modify or terminate the Affiliate Program or any part thereof with prior notice to the Partner.

5.1.3. Termination

  • Terminate this Agreement in accordance with Section 12.

5.1.4. Withholding Commissions

  • Withhold or adjust Commissions in cases of fraudulent activities, breaches of this Agreement, or regulatory requirements.

5.2. Responsibilities

5.2.1. Support

  • Provide the Partner with necessary marketing materials and support.

5.2.2. Commission Payment

  • Pay Commissions to the Partner in accordance with the Commission Structure and Payment Terms (Section 6).

5.2.3. Communication

  • Notify the Partner of any significant changes to Products and Services, policies, or this Agreement.

5.2.4. Compliance

  • Comply with all applicable laws and regulations in relation to the Affiliate Program.

6. Commission Structure and Payment Terms

6.1. Commission Structure

  • Subscription-Based Commissions: Receive 20% of the monthly subscription fees paid by directly referred clients.
  • Bonuses and Incentives: Additional bonuses may be awarded based on performance milestones as determined by QuantumScale.

6.2. Payment Terms

6.2.1. Payment Schedule

  • Commissions are calculated monthly and paid out within 30 business days of the following month.

6.2.2. Minimum Payout Threshold

  • The minimum payout amount is €100. Balances below this amount will roll over to the next month.

6.2.3. Payment Methods

  • Commissions are paid via bank transfer or PayPal, as specified by the Partner.

6.2.4. Currency

  • All payments are made in Euros (€) unless otherwise agreed.

6.2.5. Tax Obligations

  • The Partner is responsible for any taxes or charges related to Commission payments.

6.2.6. Adjustments

  • QuantumScale reserves the right to adjust Commissions in cases of refunds, chargebacks, or fraudulent activities.
  1. Marketing and Promotional Activities

7.1. Use of Marketing Materials

  • Partners must use marketing materials provided or approved by QuantumScale.

7.2. Restrictions

  • Prohibited from using unauthorized marketing channels, including but not limited to spam, unsolicited emails, and unauthorized telemarketing.

7.3. Brand Guidelines

  • Partners must adhere to QuantumScale’s brand guidelines when using trademarks, logos, or any other intellectual property.

7.4. Approval of Custom Materials

  • Any custom marketing materials must be submitted to QuantumScale for approval prior to use.
  1. Compliance and Ethical Guidelines

8.1. Regulatory Compliance

  • Partners must comply with all applicable laws and regulations in their jurisdiction and the jurisdictions of their referrals, including financial promotion regulations and data protection laws.

8.2. Ethical Conduct

  • Partners must conduct themselves with integrity and honesty, avoiding any deceptive or unethical practices.

8.3. Prohibited Activities

  • Misleading Claims: No guarantees of income or investment returns.
  • Aggressive Sales Tactics: Avoid high-pressure sales techniques.
  • Unauthorized Advice: Do not provide investment advice or portfolio management services unless properly licensed.
  • Partners are prohibited from:
  • Distributing, sharing, selling, sublicensing, or otherwise making QuantumScale’s EAs available to any third party without express written permission from QuantumScale.
  • Using the EAs to offer copy trading, mirror trading, or signal services to others.
  • Engaging in any activity that infringes upon QuantumScale’s intellectual property rights in the EAs.

8.4. Jurisdictional Restrictions

  • Partners must not promote QuantumScale’s Products and Services in jurisdictions where such promotion is prohibited.

8.5. Disclosure Requirements

  • Partners must clearly disclose their affiliate relationship with QuantumScale in all communications as required by law.
  1. Confidentiality

9.1. Confidential Information

  • Both parties agree to keep Confidential Information confidential and not disclose it to any third party without prior written consent.

9.2. Exceptions

  • Confidential Information does not include information that is publicly available or already in possession of the receiving party without obligation of confidentiality.

9.3. Duration

  • The confidentiality obligations survive the termination of this Agreement for a period of five (5) years.
  1. Intellectual Property

10.1. Ownership

  • QuantumScale retains all rights, title, and interest in its intellectual property, including trademarks, logos, and proprietary information.

10.2. License

  • QuantumScale grants the Partner a limited, non-exclusive, revocable license to use its intellectual property solely for the purpose of fulfilling the Partner’s obligations under this Agreement.

10.3. Restrictions

  • Partners may not modify, alter, or create derivative works of QuantumScale’s intellectual property without prior written consent.

10.4. Termination of License

  • Upon termination of this Agreement, the Partner must cease all use of QuantumScale’s intellectual property.
    10.4.1. Ownership of EAs
    • The Partner acknowledges that the Expert Advisors (EAs) are proprietary software owned exclusively by QuantumScale and are protected under intellectual property laws.

10.4.2. Limited License

    • QuantumScale grants the Partner a non-exclusive, non-transferable, revocable license to use the EAs solely for personal trading purposes as outlined in this Agreement.

10.4.3. Restrictions on Use

    • The Partner shall not:
      • 10.4.3.1. Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the EAs.
      • 10.4.3.2. Create derivative works based on the EAs.
      • 10.4.3.3. Use the EAs to develop any software or services that compete with QuantumScale.
  1. Data Protection and Privacy

11.1. Compliance with Data Protection Laws

  • Both parties agree to comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR).

11.2. Use of Personal Data

  • Partners must obtain proper consent before collecting personal data from referrals and ensure appropriate safeguards are in place.

11.3. Data Breach Notification

  • In the event of a data breach involving personal data related to this Agreement, the Partner must notify QuantumScale without undue delay.

11.4. Data Processing Agreement

  • If required, the parties shall enter into a separate Data Processing Agreement to address specific data protection obligations.
  1. Term and Termination

12.1. Term

  • This Agreement commences upon acceptance by QuantumScale and continues until terminated by either party.

12.2. Termination by Notice

  • Either party may terminate this Agreement with 30 days written notice to the other party.

12.3. Immediate Termination

  • QuantumScale may terminate this Agreement immediately upon:
    • Breach of this Agreement by the Partner.
    • Regulatory or legal requirements.
    • Involvement of the Partner in fraudulent or unethical activities.
    • Breach of this Agreement by the Partner.
    • Unauthorized use or distribution of QuantumScale’s Expert Advisors, including involvement in copy trading activities using the EAs.
    • Regulatory or legal requirements.
    • Involvement of the Partner in fraudulent or unethical activities.

12.4. Effects of Termination

  • Upon termination:
    • The Partner must cease all promotional activities related to QuantumScale.
    • Commissions due up to the date of termination will be paid in accordance with Section 6.
    • The Partner must return or destroy all Confidential Information and cease use of QuantumScale’s intellectual property.
  1. Representations and Warranties

13.1. Authority

  • Each party represents that it has the authority to enter into this Agreement.

13.2. Compliance

  • The Partner warrants that they will comply with all applicable laws and regulations.

13.3. No Conflicts

  • The Partner represents that entering into this Agreement does not violate any other agreements or obligations.

13.4. Disclaimer of Warranties

  • QuantumScale provides the Affiliate Program on an “as is” basis and makes no warranties regarding its functionality or availability.
  1. Indemnification
  • The Partner agrees to indemnify and hold harmless QuantumScale, its directors, employees, and agents from any claims, damages, or expenses arising out of:
    • The Partner’s breach of this Agreement.
    • Violations of law or regulations.
    • Unauthorized representations or warranties made by the Partner.
    • Unauthorized use, distribution, or reproduction of QuantumScale’s Expert Advisors.
    • Any third-party claims resulting from the Partner’s actions, including but not limited to profits made from unauthorized copy trading activities.
  1. Limitation of Liability

15.1. Exclusion of Damages

  • Neither party shall be liable for indirect, incidental, special, or consequential damages arising out of this Agreement.

15.2. Cap on Liability

  • QuantumScale’s total liability under this Agreement shall not exceed the total Commissions paid to the Partner in the preceding twelve (12) months.

15.3. Damages for Unauthorized Use

  • The Partner acknowledges that unauthorized use or distribution of QuantumScale’s Expert Advisors will cause significant harm to QuantumScale.
  • In the event of such unauthorized use, the Partner agrees that QuantumScale is entitled to seek compensation for damages amounting to a multiple of the income generated by the Partner from such activities, including but not limited to profits from copy trading.
  1. Governing Law and Jurisdiction

16.1. Governing Law

  • This Agreement shall be governed by and construed in accordance with the laws of Germany.

16.2. Jurisdiction

  • Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Munich, Germany.
  1. Dispute Resolution

17.1. Negotiation

  • The parties agree to attempt to resolve disputes amicably through good faith negotiations.

17.2. Mediation

  • If negotiation fails, the parties may seek to resolve the dispute through mediation in accordance with the rules of the German Institution of Arbitration (DIS).

17.3. Litigation

  • If mediation is unsuccessful, either party may initiate legal proceedings in the competent courts as per Section 16.2.
  1. Miscellaneous Provisions

18.1. Independent Contractors

  • The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, or employment relationship.

18.2. Assignment

  • The Partner may not assign or transfer any rights or obligations under this Agreement without QuantumScale’s prior written consent.

18.3. Amendments

  • QuantumScale may amend this Agreement by providing 30 days notice to the Partner. Continued participation in the Affiliate Program constitutes acceptance of the amendments.

18.4. Force Majeure

  • Neither party shall be liable for failure to perform due to events beyond their reasonable control, including natural disasters, war, or governmental actions.

18.5. Severability

  • If any provision of this Agreement is held invalid, the remaining provisions shall remain in full force and effect.

18.6. Waiver

  • Failure to enforce any provision of this Agreement shall not constitute a waiver of that provision.
  1. Notices

19.1. Method of Notice

  • Notices under this Agreement shall be in writing and may be delivered via email, registered mail, or courier.

19.2. Contact Information

  • QuantumScale Munich GmbH
    • Address: Gaßnerstraße 20, 80639 Munich, Germany
    • Email: hello@quantumscalemunich.de
  • Partner
    • Address: As provided during registration.
    • Email: As provided during registration.
    • Phone: As provided during registration.
  1. Entire Agreement

20.1. This Agreement constitutes the entire understanding between the parties regarding the Affiliate Program and supersedes all prior agreements or understandings.

  1. Additional Provisions

21.1. Active Monitoring

  • QuantumScale actively monitors common copy trading platforms and trading profiles to detect unauthorized use of its Products.

21.2. Identification of Proprietary Algorithms

  • QuantumScale has proprietary methods to identify trades that correspond to its algorithms. The Partner acknowledges and accepts that such monitoring is conducted to protect QuantumScale’s intellectual property rights.

21.3. Cooperation

  • The Partner agrees to cooperate with QuantumScale in any investigation related to unauthorized use or distribution of the Software.

Appendices

Appendix A: Marketing Guidelines and Brand Standards

Appendix B: Data Processing Agreement

Appendix C: Prohibited Use of Expert Advisors

Appendix A: Marketing Guidelines and Brand Standards

  1. Brand Identity Guidelines

1.1 Logo Usage

  • Approved Logos:
    • Use only the official QuantumScale logos provided in the Affiliate Resource Center.
  • Alterations:
    • Do not alter the logo’s colors, proportions, or design elements.
  • Clear Space:
    • Maintain a clear space around the logo equivalent to the height of the ‘Q’ in QuantumScale.
  • Minimum Size:
    • Ensure the logo is legible and not used below a minimum width of 100 pixels for digital media.

1.2 Brand Colors

  • Primary Colors:
    • Quantum Black: HEX #1C1C1C
    • Scale Gray: HEX #A9A9A9
    • Trust White: HEX #F6F6F6
  • Usage:
    • Use primary colors predominantly in all marketing materials.
  1. Typography
  • Primary Font:
    • Roboto for headlines and body text.
  • Alternative Font:
    • Calibri, Aptos or Arial when Roboto is not available.
  • Guidelines:
    • Maintain consistent font usage across all materials.
  1. Marketing Material Guidelines

3.1 Approved Channels

  • Online Platforms:
    • Personal websites, blogs, social media accounts, and email newsletters.
  • Prohibited Channels:
    • Unauthorized third-party websites, spam emails, and platforms violating any laws or regulations.

3.2 Content Standards

  • Accuracy:
    • All statements about QuantumScale’s Products and Services must be accurate and verifiable.
  • Prohibited Content:
    • Do not include misleading information, guarantees of income, or investment returns.
  • Language:
    • Use clear and professional language appropriate for your audience.

3.3 Advertising Guidelines

  • Pay-Per-Click (PPC) Advertising:
    • Allowed:
      • Bidding on generic keywords related to automated trading.
    • Prohibited:
      • Bidding on QuantumScale trademarked terms, including “QuantumScale,” or any variations.
  • Search Engine Optimization (SEO):
    • Do not use QuantumScale trademarks in meta tags or hidden text.
  1. Social Media Guidelines
  • Profiles and Pages:
    • Do not create social media profiles or pages that appear to be official QuantumScale accounts.
  • Content Sharing:
    • Share content from QuantumScale’s official social media accounts or use approved content from the Affiliate Resource Center.
  • Conduct:
    • Engage respectfully with audiences and avoid controversial topics unrelated to QuantumScale’s business.
  1. Email Marketing
  • Compliance:
    • Adhere to all applicable laws, including GDPR and CAN-SPAM Act.
  • Consent:
    • Ensure recipients have opted in to receive communications.
  • Unsubscribe Mechanism:
    • Include a clear and functional unsubscribe option in all emails.
  1. Prohibited Activities
  • Spamming:
    • Sending unsolicited bulk communications is strictly prohibited.
  • Misrepresentation:
    • Do not impersonate QuantumScale employees or misrepresent your relationship with the company.
  • Inappropriate Content:
    • Avoid content that is offensive, discriminatory, or illegal.
  1. Approval Process
  • Custom Materials:
    • Submit any custom-created marketing materials to hello@quantumscalemunich.de for approval before use.
  • Response Time:
    • QuantumScale will review submitted materials within 5 business days.

 

Appendix B: Data Processing Agreement

  1. Introduction

This Data Processing Agreement (“DPA”) forms part of the Partner Agreement between QuantumScale Munich UG (haftungsbeschränkt) (“QuantumScale”) and the Partner, and governs the processing of personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

  1. Definitions
  • “Controller”: The entity that determines the purposes and means of processing personal data.
  • “Processor”: The entity that processes personal data on behalf of the Controller.
  • “Data Subject”: An identified or identifiable natural person.
  • “Personal Data”: Any information relating to a Data Subject.
  1. Roles and Responsibilities
  • QuantumScale acts as a Controller of personal data provided to the Partner.
  • The Partner acts as a Processor when processing personal data on behalf of QuantumScale.
  1. Subject Matter and Duration
  • Subject Matter: Processing of personal data necessary for the Partner to fulfill obligations under the Partner Agreement.
  • Duration: This DPA is effective for the term of the Partner Agreement.
  1. Obligations of the Partner (Processor)

5.1 Processing Instructions

  • Process personal data only on documented instructions from QuantumScale, including with regard to transfers of personal data to a third country.

5.2 Confidentiality

  • Ensure that persons authorized to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation.

5.3 Security Measures

  • Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:
    • Pseudonymization and encryption of personal data.
    • Ability to ensure ongoing confidentiality, integrity, availability, and resilience of processing systems.

5.4 Sub-Processing

  • Do not engage another processor without prior specific or general written authorization from QuantumScale.
  • Remain fully liable for the actions of any sub-processor.

5.5 Data Subject Rights

  • Assist QuantumScale in responding to requests from Data Subjects exercising their rights under GDPR, including access, rectification, erasure, and data portability.

5.6 Data Breach Notification

  • Notify QuantumScale without undue delay after becoming aware of a personal data breach.

5.7 Deletion or Return of Data

  • At the choice of QuantumScale, delete or return all personal data upon termination of the Partner Agreement, unless otherwise required by law.
  1. Obligations of QuantumScale (Controller)
  • Ensure that the processing of personal data has a legal basis.
  • Provide necessary information to Data Subjects regarding the processing of their personal data.
  • Respond to Data Subject requests when exercising their rights under GDPR.
  1. International Data Transfers
  • Personal data shall not be transferred outside the European Economic Area (EEA) without prior written consent from QuantumScale and ensuring appropriate safeguards are in place.
  1. Audit Rights
  • QuantumScale has the right to audit the Partner’s compliance with this DPA upon reasonable notice and during regular business hours.
  1. Liability and Indemnity
  • The Partner shall be liable for damages arising from the breach of this DPA and shall indemnify QuantumScale against any claims or fines resulting from such breach.
  1. Governing Law and Jurisdiction
  • This DPA is governed by the laws of Germany, and any disputes shall be resolved in the courts of Munich, Germany.

Appendix C: Prohibited Use of Expert Advisors

 1. Introduction

This Appendix outlines the specific prohibitions and restrictions related to the use, distribution, and reproduction of QuantumScale’s Expert Advisors (EAs). It is intended to protect QuantumScale’s intellectual property rights and ensure that Partners use the EAs in compliance with the terms of the Partner Agreement.

2. Prohibited Activities

2.1. Unauthorized Distribution

  • 2.1.1. Sharing with Third Parties
    • Partners are prohibited from sharing, distributing, selling, sublicensing, or otherwise making the EAs available to any third parties without the prior written consent of QuantumScale.
  • 2.1.2. Public Posting
    • Uploading or posting the EAs, in whole or in part, on any public platform, website, forum, peer-to-peer network, or any other medium accessible by others is strictly forbidden.

2.2. Copy Trading and Signal Services

  • 2.2.1. Offering Copy Trading Services
    • Using the EAs to offer copy trading, mirror trading, signal services, or any similar services that replicate trading signals to third parties, whether for compensation or free of charge, is prohibited.
  • 2.2.2. Subscription Services
    • Establishing or participating in any subscription-based services that provide access to trading signals or strategies derived from the EAs is not allowed.

2.3. Reverse Engineering and Derivative Works

  • 2.3.1. Reverse Engineering
    • Partners shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the EAs.
  • 2.3.2. Creation of Derivative Works
    • Creating derivative works based on the EAs, including modifications, adaptations, translations, or any alterations, is prohibited.

2.4. Unauthorized Use

  • 2.4.1. Multiple Installations
    • Installing and using the EAs on more trading accounts or platforms than authorized by QuantumScale is not permitted.
  • 2.4.2. Circumvention of Security Measures
    • Attempting to bypass, disable, or otherwise interfere with security features or license enforcement mechanisms embedded in the EAs is prohibited.

2.5. Transfer of Rights

  • 2.5.1. Assignment
    • The rights granted to the Partner regarding the use of the EAs are personal and non-transferable. Any attempt to assign, transfer, or delegate these rights without QuantumScale’s prior written consent is void.

2.6. Collaboration with Unauthorized Parties

  • 2.6.1. Joint Ventures
    • Collaborating with third parties to use the EAs in a manner that violates this Agreement, including forming joint ventures or partnerships for unauthorized purposes, is prohibited.
  • 2.6.2. Sharing Credentials
    • Sharing login credentials, license keys, or any access information related to the EAs with others is strictly forbidden.

3. Monitoring and Enforcement

3.1. Active Monitoring

  • QuantumScale actively monitors trading platforms, copy trading services, social media, and other channels to detect unauthorized use or distribution of its EAs.

3.2. Identification Techniques

  • QuantumScale utilizes proprietary methods and algorithms to identify trading patterns and signals that correspond to its EAs, enabling the detection of unauthorized usage.

3.3. Data Collection

  • In the course of monitoring, QuantumScale may collect data necessary to identify and verify unauthorized activities, in compliance with applicable data protection laws.

4. Consequences of Violations

4.1. Immediate Termination

  • Upon detection of any prohibited activities outlined in this Appendix, QuantumScale reserves the right to immediately terminate the Partner’s access to the EAs and related services without prior notice.

4.2. Blocking of Software

  • The Partner’s license to use the EAs will be revoked, and QuantumScale will take technical measures to disable the EAs on the Partner’s devices and accounts.

4.3. Legal Action

  • QuantumScale will initiate legal proceedings against the Partner, seeking remedies that may include:
    • 4.3.1. Injunctive Relief
      • Court orders to cease unauthorized activities.
    • 4.3.2. Damages
      • Compensation amounting to a multiple of the income generated from the unauthorized use, including profits from copy trading or signal services.
    • 4.3.3. Recovery of Costs
      • Reimbursement of all legal fees, court costs, and expenses incurred in enforcing QuantumScale’s rights.

4.4. Reporting to Authorities

  • QuantumScale may report the Partner’s actions to relevant regulatory authorities, which could result in further legal consequences, including fines or criminal charges.

5. Reporting Mechanisms

5.1. Partner Responsibility

  • Partners are encouraged to remain vigilant and report any suspected unauthorized use or distribution of the EAs.

5.2. Reporting Channels

  • Email: Reports should be sent to hello@quantumscalemunich.de.
  • Required Information:
    • Description of the suspected violation.
    • Any evidence or supporting documentation.
    • Contact information for follow-up (optional but helpful).

5.3. Confidentiality

  • QuantumScale will treat all reports confidentially and will not disclose the identity of the reporting party without consent, except as required by law.

5.4. Non-Retaliation

  • Partners who report suspected violations in good faith will not face any adverse actions or retaliation from QuantumScale.

6. Compliance Acknowledgment

6.1. Agreement to Terms

  • By participating in the Affiliate Program and using the EAs, the Partner acknowledges and agrees to comply with all provisions outlined in this Appendix.

6.2. Updates and Amendments

  • QuantumScale reserves the right to update or amend this Appendix as necessary. Partners will be notified of significant changes, and continued use of the EAs constitutes acceptance of the updated terms.