5.1. The IB is prohibited from doing the following:
5.1.1. using any deceptive or fraudulent advertising to promote the Company's services. Such may include (but not limited to):
5.1.1.1. APS (Active Promotion Systems)
5.1.1.2. advertising on indecent (including pornographic) websites
5.1.1.3. advertising on the websites that do not comply with the IB's country legislation
5.1.1.4. spam and spamdexing
5.1.1.5. advertising with misleading or distorted services description, or failure to explain the risks and services to the customers
5.1.1.6. any other activities that might harm the Company's positive image
5.1.1.7. any other ways of fraudulent advertising
5.1.1.8. registering and/or using domains containing the Company's name or branding or other objects of intellectual property.
5.1.2. incorporating and/or using a legal entity containing the Company's name or branding or other objects of intellectual property
5.1.3. acting as the Company's representative
5.1.4. using the Company's direct URL in any PPC systems (Google, Yahoo!, Live, or similar) as well as the IB's referral link. It is also prohibited to redirect or attract customers to the Company's website by any other forced (fraudulent) way
5.1.5. assuming any responsibility on behalf of the Company or placing the Company under any obligations
5.1.6. opening real or demo accounts or register with the Company's services on behalf of the Client, as well as save, store, or disclose the Client's access credentials or any Client's personal information
5.1.7. providing any advice to the Client regarding trading strategies, or in any other way, influence the Client's decisions. The Company shall not be liable for the consequences of such advice
5.1.8. publishing or participating, or cooperating in publishing any materials in mass media; issue any newsletters or assist in issuing or creating any content in newspapers, magazines, or other mass media, blogs, internet forums, social networks, or similar, which may expressly or implicitly harm the positive image of the Company
5.1.9. undertaking any commitments in the name of the Company, or binding the Company with any commitments
5.1.10. providing any guarantees and/or promises, as well as making any statements regarding any payouts or any agreements set forth by the Company.
5.1.11. engaging in fraudulent activities, including but not limited to cookie-stuffing, misleading advertising, or falsifying information to attract Clients.
5.1.12. The IB is strictly prohibited from providing Investment Advice to Clients or potential Clients. Investment Advice refers to personal recommendations regarding the purchase, sale, or holding of financial instruments, tailored to the specific circumstances of the Client. Any breach of this provision will result in immediate termination of this Agreement and may expose the IB to further legal action.
5.2. If the IB's violation of this Agreement (including unauthorized actions or statements made by the IB) entails legal action(s) filed against the Company, the IB shall be held liable for all losses incurred by the Company. Losses shall be understood as expenses the Company has incurred or will incur while restoring its rights and interests (real losses), as well as the revenue the Company would have earned under normal business conditions (lost profit), damage of property interests or the Company's business reputation as a result of IB's failure to fulfil its obligations. The IB has no right to dispute the amount the Company claims for damages.
5.3. If the IB violates the terms and conditions of the Agreement (fully or partially), the Company reserves the right to block the IB's trading accounts and the Wallet and exclude Clients from the IB's Client list until the IB compensates the losses that the Company has suffered from the breach of the Agreement. The Company is entitled to cover losses inflicted by the IB with money payable to the IB under the IB Agreement and also under the Customer Agreement and its corresponding regulations.
5.4. The IB, the IB's relatives, or any other affiliated parties cannot act as the Clients of the IB. Should any data of the IB match the data of any Client (such as passport details, address, birth date, telephone number, email address, IP addresses, or similar), the Client's login shall be removed from the IB's Client list, and the IB Commission payout based on this Client's performance shall not be paid. User profiles that share the same IP address may be considered as one active profile. Should the IP address of the Client be the same as the one of the IB, they may be considered affiliated, and the IB Commission payout for such Client profile's performance shall not be paid. Such behaviour shall be deemed 'Auto-referral activity.
5.5. Misrepresentation and Liability:
5.5.1. The IB shall not make any false, misleading, or deceptive representations about the Company's products, services, or its regulatory status. Any such misrepresentation will be considered a breach of this Agreement and shall hold the IB liable for any damages arising therefrom. The Company reserves the right to immediately terminate this Agreement without notice if the IB is found to be in breach of any obligations, under this Agreement. Additionally, any violations related to marketing practices, fraudulent activities, or misrepresentations will lead to immediate termination and may result in further legal action.
5.5.2. The Company shall not be liable for any actions, representations, or omissions made by the IB that are not expressly authorized in writing by the Company. The IB shall indemnify and hold the Company harmless against any claims, damages, or liabilities arising from the IB's unauthorized actions or misrepresentations.
5.5.3. If the Client(s) file any complaints against the activities of the IB, the IB shall independently address all such complaints and shall indemnify and hold the Company harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with such complaints.