Partner Program Details

Taking Wall Street Partner Program

Payout Details: 50% of every sign-up partner brings onboard.

 

Default Payout                                $20.00 per monthly subscription payment.

 

Customer revenue is split 50/50 with partner for every member they bring on. All operating costs are paid for by TWS and TWS handles all operational and day-to-day tasks.

 

Payout Scheduling:                     Payouts are made at the end of the month by default, but can be bi-weekly upon approval by TWS.

 

 

This Partner Program ("Program") Terms and Conditions ("Terms & Conditions") govern your referral of Prospects (as herein defined) to Taking Wall Street, LLC (“TWS”) through your use of an affiliate URL link (the “Link”) provided by TWS and posted at one or more web sites approved by TWS in advance (each, a “Web Site”), which Link will direct Prospects to a TWS Landing Page (as herein defined) where such Prospects may open an Account (as herein defined). Your use of the Link is subject to your acceptance of these Terms & Conditions, completion of and submittal to TWS of the Referral Program application ("Application"), and TWS’s approval of your Application, in its sole discretion. Your acceptance of these Terms & Conditions shall be evidenced by your submittal of the Application to TWS. There is no valid agreement between the parties unless and until you have received notification from TWS that your Application has been approved. TWS may reject your Application for any reason, or for no reason, in its discretion. 

  1. Whenever used in these Terms & Conditions, the following capitalized terms will have the following specified meanings.

"Agreement" means these Terms & Conditions and the Application upon acceptance of that Application.

"Branding Guidelines" means the rules and guidelines governing use of the Marks as made available by TWS from time to time, either at its website or via alternative means. 

Brochure” means the most recent version of your written disclosure statement required by Securities and Exchange Commission (“SEC”) Rule 204-3 under the Investment Advisers Act of 1940, as amended (the “Act”), a copy of which TWS shall provide you in accordance with Section 4.3 of these Terms and Conditions.

"Customer" means each new Prospect that has not already opened an Account, that: (a) originates directly, and without interruption, from the Link and is accepted by TWS; (b) enters into a Customer Agreement.

"Customer Agreement" means the Program Agreement by and among TWS, certain affiliates of TWS, and its clients, which includes the Investment Advisory Agreement between TWS and its clients, which can be found at https://takingwallstreet.com/pages/partner-program-details.

 

"Customer Information" means any information gathered by you regarding a Prospect or Customer including, without limitation, names, addresses, e-mail addresses, telephone numbers, information regarding web site usage and purchasing habits, and other personally-identifying information about a Prospect or Customer, whether or not such information was gathered prior or subsequent to the commencement of the Agreement.  

Disclosure Document” means the separate written disclosure document required by SEC Rule 206(4)-3(b).

"Intellectual Property Rights" means all copyright, trademark, service mark, trade secret, patent, and other intellectual property rights (including all rights of registration or renewal thereof and all causes of action relating thereto). 

"Investment Account" means a Prospect who (i) enters into a Customer Agreement with TWS.

"Landing Page" means a web page or other portal that TWS develops, hosts and maintains specifically for purposes of Prospect intake pursuant to this Agreement. 

"Marks" means the word marks TWS, Taking Wall Street, and the TWS logo and such other trademarks that TWS may separately identify as licensed under these Terms and Conditions.

"Marks Rules" means the rules and guidelines governing use of the Marks as set forth herein and/or as otherwise made available by TWS at its website from time to time. 

"Program Term" refers to the applicable referral fee payout structure made available to you upon TWS‘s acceptance of your Application, which referral fees and/or amounts are subject to change at TWS’s discretion from time to time. The Program Term may be set forth on TWS’s web site or may be otherwise provided to you in writing or electronically by TWS. 

"Prospect" means a potential TWS customer who does not already have an Account with TWS and who expresses an interest in opening an TWS Account by completing the information required on the Landing Page accessed via the Link.

  1. In order to be considered for the Program, you must submit an Application. TWS will evaluate your Application within a reasonable time after submittal and provide you with notice of acceptance or rejection in its discretion. You have no right or authority to link your Web Site to any TWS web site or service unless and until you agree to these Terms & Conditions, and you have received notification from TWS that your Application has been approved.

 

  1. If TWS approves your Application, the term of the Agreement between you and TWS shall commence as of the date of the approval notification from TWS, and shall continue until terminated by either party in accordance with these Terms & Conditions.

 

  1. REFERRALS AND OBLIGATIONS.

 4.1 Referral Services. Subject to the terms and conditions of this Agreement, TWS hereby grants you the right to promote and refer Prospects to TWS on a nonexclusive basis, including, without limitation, engaging in the activities specified in Section 4.2 below (“Referral Services”). TWS shall use the same criteria and efforts to enter into Customer Agreements with Prospects as TWS uses with respect to other similarly situated potential customers of TWS’s Products (it being understood that TWS shall be entitled to elect not to enter into Customer Agreements with any Prospect in accordance with any of TWS’s policies, procedures, internal controls, compliance practices, fraud prevention efforts, sanctions screening, anti-money laundering processes or other good faith efforts to comply with any applicable law or regulation).

4.2 Marketing Activities. In connection with the Referral Services, you may, (i) present TWS’s Services to Customers, and (ii) engage in such other promotional services as you and TWS otherwise mutually agree in writing. Notwithstanding anything to the contrary, you covenant that you shall conduct activities pursuant to this Agreement, including without limitation this Section 4.2, solely in a manner consistent with the instructions of TWS and the provisions of the Act and the rules thereunder.

4.3 TWS Materials. TWS will provide you, at no cost to you, with a reasonable quantity of materials that sufficiently describe the Services and other materials for you to use in connection with the Referral Services (“TWS Materials”). Notwithstanding anything to the contrary, you covenant that you shall at the time of any referral activities for which compensation is paid or to be paid to you by TWS, provide each Customer with a current copy of TWS’s Brochure and the Disclosure Document. TWS shall provide Partner with a copy of the current version of the Brochure after execution of this Referral Agreement and promptly after each subsequent amendment of the Brochure. The Disclosure Document shall contain: (i) TWS’s full legal name; (ii) your full legal name; (iii) the nature of the relationship, including any affiliation, between you and TWS; (iv) a statement that TWS will compensate you for your solicitation services pursuant to this Referral Agreement; (v) the terms of the compensation arrangement, including a description of the amount paid or to be paid to you; and (vi) a description of any discount or special offer and, if applicable, any other differential treatment among TWS’s clients with respect to the amount or level of advisory fees charged by TWS if such differential treatment is attributable to the existence of any arrangement under this Agreement.

4.4 Your Representations. You represent, warrant, and agree that (i) you have the full power, capacity and authority to enter into and perform under this Agreement, (ii) your performance of this Agreement does not violate or conflict with any other agreement to which you is a party, (iii) you will actively and diligently seek to identify appropriate Prospects that meet TWS’s guidelines as expressed to you from time to time, (iv) you will comply with all applicable laws, rules, regulations and industry guidelines in performing services hereunder, and (v) you will refrain from making any representations or warranties regarding TWS’s business, or making use of any marketing material, without TWS’s prior, written approval in each instance. You further represent and warrant (a) that you are and will remain duly licensed, authorized and certified by all applicable governmental regulatory authorities to operate your business and you are in full compliance with all applicable federal, state, and local laws and regulations, and (b) that neither you, nor any individual or entity associated with you that participates or will participate in any way in the marketing activities described in Section 4.2 above or any other activities with respect to Prospects pursuant to this Agreement, is or at any time has been: (A) subject to an SEC order issued under section 203(f) of the Act; (B) convicted within the previous ten years of any felony or misdemeanor involving conduct described in section 203(e)(2)(A) through (D) of the Act; (C) found by the SEC to have engaged, or has been convicted of engaging, in any of the conduct specified in paragraphs (1), (5) or (6) of section 203(e) of the Act; or (D) subject to an order, judgment or decree described in section 203(e)(4) of the Act.

4.5 Non-exclusivity. Nothing contained in this Agreement shall be construed as limiting in any manner TWS’s ability to work with other partners, referral sources, resellers or other third parties to provide services identical or similar to those being provided by you hereunder.

 4.6 Other Acknowledgements. TWS and you acknowledge that neither party shall have the authority, nor shall either hold itself out to any third party as having any authority, to bind the other in any manner. Without limiting the generality of the foregoing, you shall have no right, power or authority to make any representations or warranties regarding any Services except as expressly directed in writing by TWS in its sole discretion. You acknowledge that you have no right to offer or sell Services through the Web Site or otherwise to Prospects or Customers or to any other person or entity. You acknowledge that you independently have evaluated the desirability of participating in the Program and of agreeing to these Terms & Conditions and are not relying on any representation, guarantee, warranty or statement by TWS or any other entity or person, other than as specifically set forth in these Terms & Conditions. You and TWS are independent contractors, and nothing in these Terms & Conditions creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and TWS.

  1. MARKS; LINK; LICENSE. Effective upon approval of your Application by TWS, TWS grants a limited, personal, non-exclusive, non-transferable, non-sublicenseable, revocable license during the term of the Agreement to use and reproduce the Link, and to use and reproduce the Marks as part or immediately next to the Link, solely in connection with the performance of your obligations under the Agreement. You may not modify the Marks or the Link. You shall not use the Marks and Link in any way that causes, or is likely to cause, damage to the reputation, business or goodwill of TWS, and will not use the Marks and/or Link in any manner that could infringe, violate, tarnish, dilute, cause a loss of distinctiveness, harm, disparage, misuse or bring into disrepute the Marks or TWS, including without limitation any uses in connection with or on web sites that are, in whole or in part, sexually explicit, obscene, violent, discriminatory, illegal, offensive, threatening, profane, or harassing. You shall only promote, market and advertise other services and products on the Web Site which would not be injurious to the reputation, good will or image of TWS. If TWS determines in its sole discretion that such other services or products may be injurious to its reputation, TWS has the right to immediately revoke all licenses granted herein and/or terminate the Agreement upon written or electronic notice to you. You shall comply with all Marks Rules and Branding Guidelines in your use and reproduction of the Marks, and you shall use the Marks for no other purpose than serving as an affiliate as described herein. You shall not alter any banners, images or other creative (“Creative”) made available by TWS; to the extent you need additional sizes of Creative, such requests may be made to TWS and granted in TWS’ sole discretion. Any unauthorized use of the Marks, Creative, or Link, any use not in compliance with these Terms & Conditions, Branding Guidelines, or the Marks Rules, or any action which, in TWS’s sole discretion, constitutes an infringement of the Marks by you, shall constitute a breach of the Agreement. You acknowledge that you have no rights in or to the Marks, Creative, and/or Link except as provided herein, and that all goodwill arising out of any use of the Marks, Creative, and/or Link by you shall inure solely to the benefit of TWS and/or its affiliates. You agree that you have no right to and will not during the term of this Agreement or thereafter challenge the right, title, or interest of TWS or any of its affiliates in or to their Marks, claim any right, title, or interest in or to the TWS, or assert any interest in, or attempt to register or apply for registration of, any Marks or any confusingly similar variation of the Marks. You will not use any Marks as or incorporate any Marks into any (i) company names or trade names, logos or other third-party marks, (ii) email addresses, (iii) domain names or URL strings, (iv) telephone numbers, listings or the like, (v) keywords or adwords for purposes of keyword or adword advertising, or (vi) social networking names, identifiers or “handles”. You will transfer ownership of any items, or expressly abandon such items, under (i)-(vi) upon demand. Following the termination of the Agreement, you shall immediately discontinue use of any Marks. TWS and/or its affiliates, as applicable, shall retain all right, title and interest therein, and no title to or ownership of any Intellectual Property Rights associated with any Service or the Marks is transferred to you or any Prospect or Customer pursuant to this Agreement. You may not create, publish or distribute any items that reference TWS, the Marks or the Link without obtaining the prior written approval of TWS, in its sole discretion.

 

  1. YOUR OBLIGATIONS. You shall at your sole cost, establish and continuously maintain your Web Site and whatever organization and resources are necessary for performance under the Agreement. You agree to comply with the Web Site Terms & Conditions contained below. You agree to indemnify, defend, and hold TWS and its affiliates, agents, directors, officers, and employees harmless from all damages, claims, fees (including attorneys' fees) and expenses relating to the development, operation or maintenance of your Web Site and/or the operation of your business. You shall at all times comply with all applicable laws, regulations and orders of any governmental authority of competent jurisdiction in performing your obligations hereunder. You represent, warrant and agree that (i) you will perform all services hereunder in a professional manner consistent with best industry practices, (ii) for the duration of the term (as defined in Section 3), and until 12 months after the termination or expiration of the term, you will refrain from soliciting any TWS employee or independent contractor to terminate his or her relationship with TWS, (iii) you will refrain from making any representations or warranties regarding TWS’s business, or making use of any marketing materials, without TWS’s prior, written approval, (iv) you shall not use any automated mechanism, or engage in any illegal or abusive marketing practices, to draw online traffic to the Link or Landing Page, and (v) you shall not perform any search engine marketing, including the purchasing of key words, which does not comply with the applicable search engine’s rules, terms and/or conditions. You hereby agree and acknowledge that TWS shall remain the principal and sole contact, and "owner", of each Customer relationship.
  2. REFERRAL LINK AND FEES FOR SERVICES. You shall refer Prospects through the Web Site by posting the Link. TWS reserves the right to amend its offerings, and to add, delete, suspend or modify any terms and conditions for any Service at any time, in its sole discretion. All Prospects originating from the Link are subject to acceptance or rejection by TWS in its sole discretion, and TWS shall not be required to provide any Service to any person or entity unless and until it has approved the applicable registration. TWS shall be solely responsible for assessing and collecting from Customers all fees for Services, and all remittances resulting from such fees shall be made directly to TWS and shall be the property of TWS. You shall not collect payments for Services or deposits for any reason. All Customers shall be customers of TWS and shall not be considered your customers. You acknowledge that TWS may enter into affiliate agreements, reseller agreements or other similar arrangements with other parties and that you shall have no rights under such agreements or to any Referral Fees (as defined herein) for customers referred to TWS by others (including customers referred to TWS by Prospects or Customers).
  3. Your only compensation under this Agreement shall be referral fees paid in the amount specified in the Program Term for each new Customer (“Referral Fees”). You shall have no right to compensation other than as earned in strict compliance with these Terms & Conditions and the Program Term. TWS may amend the compensation stated herein upon written or electronic notice to you. Your continued performance under the Agreement following such amendment shall act as your acceptance of the amendment. You shall be paid monthly Referral Fees within thirty (30) calendar days after the end of each month in which you have earned the underlying amounts. TWS shall have sole discretion in determining the number of new Customers in a given month, and all decisions rendered by the TWS in respect thereof shall be binding and final. You shall only be paid once on any single Customer. TWS shall, subject to its separate agreements with each Customer, have the right in its sole discretion at any time to close Investment Accounts or otherwise terminate its relationship with any Customer.
  4. During the term of the Agreement, you may have access to certain non-public information of TWS (the "Confidential Information"). Confidential Information does not include information that is generally known and available, or in the public domain, through no fault of your own. You agree (i) not to disclose any Confidential Information to any third parties, (ii) not to use any Confidential Information for any purposes except carrying out your rights and responsibilities under the Agreement, and (iii) to keep the Confidential Information confidential using at least the same degree of care you use to protect your own confidential information, but in no event less than a reasonable degree of care. These obligations survive for 3 years after termination of the Agreement. In addition, (i) you agree not to use any Confidential Information or Customer Information to market any product or service to any Prospect or Customer or to share any such information with any third party for marketing purposes without the express prior written consent of TWS, and (ii) you represent and warrant that you have in place and covenant that you shall maintain throughout the term of this Agreement systems and/or processes reasonably designed to safeguard all Customer Information that constitutes “nonpublic personal information” under Title V of the Gramm-Leach-Bliley Act from theft, intrusion, unauthorized disclosure, misappropriation or loss.
  5. Either party may terminate the Agreement at any time, for any reason or no reason, by giving the other party written or electronic notice of termination. Immediately upon termination, you shall remove the Link from each Web Site and cease use of the Link and/or any Marks. Each party shall fully perform any and all obligations under the Agreement incurred prior to the effective date of termination or expiration. Any provisions in these Terms & Conditions that may reasonably be construed as surviving, and the rights and obligations of the parties thereunder, shall survive any termination or expiration of the Agreement.
  6. INDEMNITY; CONSEQUENTIAL DAMAGES. You hereby agree to indemnify, defend, protect and hold TWS and its subsidiaries and affiliates, and each of their officers, directors, employees, agents and insurers, harmless from and against any and all claims, costs, suits, liabilities, damages, losses, demands, and expenses of every kind, including, but not limited to, attorneys' fees and disbursements, arising out of advertisements or promotional materials developed or used by you (except advertisements or promotional materials developed or provided by TWS), any negligent act or omission or willful misconduct of, or breach of the Agreement by, you or your employees, agents or contractors. IN NO EVENT SHALL TWS BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST REVENUE OR PROFITS, IN

CONNECTION WITH THE AGREEMENT OR ITS BREACH, OR ARISING FROM THE RELATIONSHIP OF THE PARTIES OR THE CONDUCT OF BUSINESS BETWEEN THEM, EVEN IF TWS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   

  1. TWS makes no express or implied warranties with respect to the subject matter of the Agreement, or the Program or any Services, and TWS hereby disclaims all implied warranties, including but not limited to implied warranties or merchantability and fitness for a particular purpose. You understand that the operation of the TWS web site(s) and/or any Services may not be uninterrupted or error free, and that the Link is provided on an "AS IS" and "AS AVAILABLE" basis. You agree that TWS will not be liable for any interruptions or errors in using the Link or any portion of the Services. The provisions of this Section survive termination or expiration of the Agreement.
  2. FORCE MAJEURE. The parties' performance under the Agreement shall be excused if such non-performance is due to: labor difficulties; riots; strikes; governmental orders; equipment failure; epidemics; acts of civil or military authority; war; compliance with laws, rules, and regulations and codes adopted after the date of this Agreement; inability or delay in securing equipment; acts of God; civil commotion; acts of nature; or unusually severe weather.
  3. GOVERNING LAW, JURISDICTION AND VENUE. The Agreement and the rights and obligations of the parties hereunder shall be construed in accordance with and shall be governed by the laws of the State of California, without regard to the conflict of laws or choice of law provisions thereof. The parties hereby submit to the jurisdiction and venue of any state court sitting in Los Angeles, California or any federal district court for the district in which said county is located.
  4. All notices and other communications hereunder shall be given in writing and shall be deemed to have been duly given and effective (i) upon receipt, if delivered in person, or via electronic mail, (ii) one day after deposit prepaid with a national overnight express delivery service, or (iii) three business days after deposit in the United States mail. Such notices must be properly addressed as set forth below, unless a different address for notices is later provided:

If to TWS:  

Taking Wall Street, LLC
1480 Colorado Blvd., Suite 250 Los Angeles, CA 90041

Attn: Chief Compliance Officer

 If to you:  

Applicant's physical address/e-mail address set forth in your Application, which is incorporated by reference herein. 

  1. ENTIRE AGREEMENT. These Terms & Conditions and the Application represent the entire, complete, final and exclusive agreement between the parties hereto with respect to the matters addressed in the Agreement, and supersedes all offers, negotiations and other agreements concerning the subject matter set forth in the Agreement. Except as set forth herein, you are not relying on any representations or warranties from TWS, including, but not limited to, any representation or warranty as to the nature of competition or the results or effect of any advertising. TWS reserves the right to modify these Terms & Conditions in its sole discretion upon written or electronic notice to you. If any modification is unacceptable to you, your sole recourse is to terminate this Agreement by expiring the relationship and rejecting the new Agreement offered. Your continued participation in the Program by accepting the newly offered Program Term with new Terms and Conditions constitutes your binding acceptance to the change(s). You represent and warrant to TWS that the execution and performance of the Agreement does not and will not violate any other contract or obligation to which you are a party, including terms relating to covenants not to compete and confidentiality covenants. You will not disclose to TWS, or use or induce TWS to use, any proprietary information or trade secrets of any other person, association, or entity.

 

  1. You acknowledge that TWS may, in its sole discretion, assign any or all of its rights and delegate any or all of its obligations hereunder without your prior approval. You shall not assign the Agreement or any or all of your rights hereunder, or delegate any or all of its obligations hereunder, whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of TWS. To the extent not prohibited hereby, the Agreement shall be binding upon and inure to the benefit of TWS and you and our respective successors and assigns.

 

  1. If any provision of the Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provisions of the Agreement that can be given effect without the invalid provision. Further, all terms and conditions of this Agreement shall be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary, the court is requested to reform any and all terms or conditions to give them such effect.

 

  1. DISPUTE RESOLUTION. If any claim, controversy or dispute between the Parties, their agents, employees, officers, directors or affiliated agents ("Dispute") cannot be settled through negotiation, it shall be resolved by arbitration conducted by a single arbitrator mutually acceptable to both parties. Any controversy or claim arising out of or relating to this Agreement (including whether a particular dispute is arbitrable hereunder) shall be resolved by submission to binding arbitration. Such arbitration shall be held in Los Angeles, California before a single neutral arbitrator, or with such other arbitration service and in such other location as TWS, in its sole discretion, shall select. The Federal Arbitration Act, 9 U.S.C. Secs. 1-15, not state law, shall govern the arbitrability of all Disputes. The parties shall submit any documents requested by the arbitrator in advance of the hearing date specified by the arbitrator. The appointed arbitrator selected may grant discovery as required by the reasonable needs of the case and determine motions files, including motions for preliminary or ancillary relief but shall do so in accordance with the parties' desire to economically and quickly resolve the disputes between them. As soon as practicable after the hearing, the arbitrator shall issue a written decision specifying such relief as may be appropriate. The arbitrator's award shall be final and non-appealable. Any award rendered shall be limited to actual damages sustained by the party in whose favor the judgment is rendered, and no consequential, punitive, exemplary or special damages shall be awarded. The arbitrator may not award relief in excess of or inconsistent with the provisions of this Agreement, order consolidation or arbitration on a classwide basis or award punitive, incidental or consequential damages or any other damages other than the prevailing party's actual damages. The arbitrator's award shall be final and binding and may be enforced in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees, and shall share equally in the fees and expenses of the arbitrator.

 

  1. NO WAIVER. No failure by a party to take action on account of any default or breach of this Agreement by the other party shall constitute a waiver of any such default or breach, or of the performance required of the other party under this Agreement.

 

  1. WEB SITE TERMS & CONDITIONS.

You shall perform, without charge to TWS, such services as may be necessary to design, develop, host, and continuously maintain the Web Site. You shall provide access to all proposed pages pertaining to TWS for approval prior to posting. You will make best efforts to keep information on your Web Site current at all times. In the event that TWS at any time notifies you, in its sole discretion, that it deems the Web Site or any elements thereof to be unsuitable, you shall promptly revise and correct the applicable Web Site elements to TWS’s satisfaction, or TWS has the right to terminate the Agreement. 

TWS will be the owner of all information relating to any Prospect or Customer that may be collected by you

(including, without limitation, names, addresses, e-mail addresses, telephone numbers, information regarding Web Site usage and purchasing habits and other personally-identifying information) (collectively, "Information"), along with all associated Intellectual Property Rights, and you shall treat the same as Confidential Information. You shall adopt policies to protect such information with respect to Prospects and Customers as TWS may specify from time to time. To the extent that you at any time have or obtain any right, title or interest with respect to any Information, or any associated Intellectual Property Rights, you hereby assign and agree to assign the same to TWS. 

  1. You shall take such actions (including, without limitation, execution of affidavits and other documents) as

TWS may request to effect, perfect, or confirm TWS’s ownership interests as set forth in paragraph

(b) of this Section. Upon TWS’s request, and in any event upon the expiration or termination of the Agreement, you shall deliver to TWS all copies of any Information in your possession or control, upon such media as TWS may reasonably request, along with such supporting documentation and information as TWS may reasonably request in order to effectively make use of the same. 

  1. You represent, warrant, and covenant that: (a) you possess or will possess sufficient resources and rights in the Web Site in order to enter into the Agreement and comply with its terms, including those contained in this Section 21; (b) you will perform the services described in paragraph 1 above in a timely, professional and workmanlike manner; and (c) nothing on the Web Site shall violate, misappropriate or infringe any Intellectual Property Rights of any third party or contain any materials which are obscene, libelous or defamatory, as more fully described herein.

TWS may amend this Section 21 in its sole discretion upon written notice to you. 

  1. The person submitting the Application hereby represents, warrants and certifies that (1) he or she is has been lawfully authorized to bind you to these Terms & Conditions (and any Agreement formed by TWS’s acceptance of your Application as set forth herein), and (2) he or she has adequate legal capacity to agree to be bound by these Terms & Conditions (and any Agreement formed by TWS 's acceptance of your Application as set forth herein).

BY COMPLETING AND SUBMITTING THE APPLICATION, YOU REPRESENT AND WARRANT THAT YOU HAVE READ

AND UNDERSTAND THE PARTNER PROGRAM TERMS & CONDITIONS, AND AGREE TO BE BOUND SUCH TERMS & CONDITIONS AND ANY AGREEMENT FORMED BY TWS'S ACCEPTANCE OF YOUR APPLICATION AS SET FORTH HEREIN.