nomo Trade Introducing Broker (IB) Agreement
This Introducing Broker Agreement (“Agreement”) constitutes a public offer by Nomo Trade Limited (“Company”, “nomo”).
Any individual or entity that accepts this Agreement via the Company’s website, partner registration form, or partner dashboard (the “IB”, “Partner”) agrees to be bound by its terms. The Agreement becomes effective on the date of electronic acceptance by the IB (“Effective Date”).
1. Appointment and Relationship
1.1. The Company appoints the IB on a non-exclusive basis to introduce prospective clients to the Company by promoting the Company’s services in accordance with this Agreement.
1.2. The IB is an independent contractor. Nothing in this Agreement creates employment, partnership, joint venture, fiduciary relationship, or agency. The IB has no authority to bind the Company.
1.3. The Company may accept or reject any client in its sole discretion, including for compliance, risk, or operational reasons.
1.4. Acceptance Mechanism. The IB agrees that acceptance of this Agreement via checkbox, button click, or similar electronic confirmation constitutes valid and binding acceptance of all terms.
2. Definitions
2.1. “Client” means a person/entity who opens an account with the Company.
2.2. “Introduced Client” means a Client attributed to the IB in the Tracking System.
2.3. “Tracking System” means the Company’s tracking and attribution system, including referral links, subIDs, click IDs, cookies, postbacks (S2S), and reporting rules.
2.4. “Rebate” means compensation payable to the IB based on Introduced Clients’ trading activity and calculated according to Schedule A.
2.5. “Validated ND” means validated net deposits attributed to the IB after the Company’s validation window, reversals, chargebacks, and internal risk/quality checks (as described in Schedule A).
2.6. “Quality Multiplier (QM)” means the Company’s quality status applied to the IB (1.00 / 0.50 / 0.00) as described in Schedule A.
2.7. “Confidential Information” means non-public information disclosed by one Party to the other, including commercial terms, partner/client metrics, reporting, systems, and operational processes.
2.8. “Restricted Jurisdictions” means jurisdictions where marketing/solicitation is prohibited or restricted by law or Company policy (as notified by the Company).
3. IB Obligations (Core)
3.1. The IB shall:- (a) promote the Company only in a lawful, fair, and compliant manner;
- (b) use only Company-approved marketing materials and claims where approval is required;
- (c) ensure all promotion complies with Schedule B;
- (d) cooperate with tracking QA requirements (subID logic, link testing, documentation);
- (e) provide accurate information requested for due diligence and compliance.
3.2. The IB shall not provide investment advice on behalf of the Company or represent itself as an employee/agent of the Company. The IB shall not represent itself as a regulated entity, licensed broker, or as acting on behalf of a regulated entity of the Company unless expressly authorized in writing.
4. Marketing & Claims Controls
4.1. The IB shall not:- (a) make misleading statements, guarantees, or "risk-free/profit guaranteed" claims;
- (b) misrepresent the Company’s licensing/regulatory status;
- (c) engage in brand impersonation, spam, cookie stuffing, forced clicks, or other prohibited methods;
- (d) target Restricted Jurisdictions;
- (e) use the Company’s trademarks for PPC/brand bidding without written approval.
4.2. The Company may require takedown or modification of content within 24 hours (or sooner if required by law/urgent risk).
5. Compliance, KYC/AML, and Client Acceptance
5.1. The IB acknowledges all Clients are subject to KYC/AML and the Company’s acceptance criteria.
5.2. The Company may reject, suspend, close, or restrict any account for compliance, fraud, or risk reasons. Such actions may affect eligibility for Rebates.
6. Tracking, Attribution, and Reporting
6.1. Attribution and calculations are determined by the Tracking System and the Company’s internal validation.
In the event of conflicting evidence, the Company’s internal tracking records shall prevail.
The Company reserves the right to determine final attribution.
The Company may modify tracking logic, attribution rules, and validation methodologies at its sole discretion at any time.
6.2. The IB must use tracking links and required parameters (including subIDs) as instructed. Failure to maintain tracking integrity may result in suspension of payouts and/or scaling.
6.3. The Company will provide periodic reporting as available (e.g., dashboard/export). The IB understands reporting may be delayed due to validation processes.
6.4. The Company may manually assign a Client to an IB in cases where automatic attribution through the Tracking System did not occur or where a correction is required.
Manual assignment may be performed if:
- (a) the IB provides reasonable evidence of introducing the Client;
- (b) the Client is not already attributed to another IB;
- (c) the request is submitted within the applicable dispute window.
The Company reserves the sole discretion to approve or reject manual assignment requests.
Manual assignment shall not create any entitlement to retroactive rebates unless explicitly approved by the Company
6.5. A Client may be transferred from one IB to another only upon approval by the Company.
Such transfer may occur in the following situations:- (a) written request from the Client;
- (b) written consent of the existing IB;
- (c) termination or suspension of the IB relationship;
- (d) compliance or operational decision by the Company.
Unless otherwise approved by the Company, rebates shall only apply from the date of transfer and shall not be applied retroactively
6.6. The Company may allow a multi-level IB structure where a Master IB introduces Sub-IBs.
In such cases:- (a) Sub-IBs must register using the referral mechanism provided by the Company;
- (b) the commission distribution between Master IB and Sub-IB shall be determined by the Company;
- (c) the total rebate paid within the structure shall not exceed the maximum payout rules defined in Schedule A.
The Company reserves the right to limit the number of levels or modify the structure at its discretion.
6.7. The Company reserves the right to investigate any activity that may indicate: - (a) fraudulent trading;
- (b) abuse of the rebate system;
- (c) artificial volume generation;
- (d) manipulation of tracking or attribution.
During such investigation, the Company may temporarily suspend rebates or payments until the investigation is completed.
6.8. No Obligation to Provide Data.The Company shall have no obligation to provide raw tracking data, logs, or internal methodologies to the IB.
7. Rebates, Caps, Holdback, and Payment
7.1. Rebate rates, instrument categories, tier levels (G6-G10), and upgrade rules are set out in Schedule A.
7.2. Feasibility Cap: Total monthly partner payouts (including rebates and any other remuneration) shall not exceed 35% x Validated ND, as described in Schedule A.
7.3. Holdback: Payouts are split 80% paid now / 20% held, released after 30 days if no unresolved issues, as described in Schedule A.
7.4. The Company may:- (a) apply QM adjustments (including reductions/freeze);
- (b) withhold or void amounts associated with fraud, abuse, prohibited marketing, or compliance risk;
- (c) offset, reduce, suspend, or permanently withhold payments in cases of suspected fraud, abuse, compliance risk, or breach of this Agreement, as determined by the Company.
7.5. Payment cycle, minimum payout thresholds, and payment methods shall be as stated in Schedule A (or in the IB onboarding form).
8. Disputes
8.1. Any dispute regarding attribution, volumes, tiering, or payouts must be submitted in writing within 30 days of the end of the relevant month, with supporting evidence.
8.2. The Company will review in reasonable time. The Company’s determination is final unless mandatory law requires otherwise.
8.3. Where multiple IBs claim attribution of the same Client, the Company shall review the case using:- (a) tracking logs;
- (b) referral data;
- (c) timestamps;
- (d) supporting evidence provided by the IB.
The Company’s internal tracking records shall have priority over external claims.
The Company’s final determination regarding attribution shall be binding
8.4. The Company shall use reasonable efforts to process:- (a) partner inquiries;
- (b) rebate calculations;
- (c) and dispute investigations;
- (d) within reasonable operational timeframes.
However, such timeframes are indicative only and do not constitute a legally binding obligation.
The Company shall not be liable for delays caused by compliance reviews, fraud investigations, system maintenance, or third-party dependencies.
8.5. The Company shall have the final authority regarding:- (a) attribution decisions;
- (b) rebate calculations;
- (c) dispute resolution;
- (d) partner status and level determination.
Such decisions shall be made in good faith based on internal data, compliance policies, and operational procedures.
9. Confidentiality and Data Protection
9.1. Each Party shall keep Confidential Information confidential and use it only to perform this Agreement.
9.2. The IB shall not request, store, or process personal data of Clients unless explicitly authorized in writing by the Company and compliant with applicable law.
10. Term and Termination
10.1. This Agreement starts on the Effective Date and continues until terminated.
10.2. Either Party may terminate for convenience with [7-30] days written notice.
10.3. The Company may terminate immediately for fraud, prohibited marketing, material breach, reputational harm, or regulatory risk.
10.4. Upon termination:- (a) the IB must stop marketing and remove Company branding/materials;
- (b) unpaid amounts remain subject to validation, holdback, offsets, disputes, and compliance review.
10.5. The following provisions shall survive termination of this Agreement:- Confidentiality;
- Indemnity;
- Limitation of Liability;
- Governing Law and Jurisdiction;
- Non-Solicitation of Clients;
- any outstanding payment adjustments or rebate validations.
11. Intellectual Property
11.1. The Company grants a limited, revocable, non-transferable license to use approved marketing materials solely for performance of this Agreement.
11.2. All Company IP remains the exclusive property of the Company.
11.3. The IB shall not, during the term of this Agreement and for a period of twelve (12) months after termination, directly or indirectly:
- (a) solicit, encourage, or induce any Client of the Company to cease trading with the Company;
- (b) transfer or attempt to transfer Clients to another broker or financial service provider;
- (c) assist any third party in acquiring Clients of the Company.
Any breach of this clause may result in immediate termination of this Agreement and forfeiture of unpaid rebates.
12. Indemnity and Limitation of Liability
12.1. The IB indemnifies the Company against losses, claims, fines, costs, and damages arising from the IB’s breach, unlawful marketing, fraud, or misrepresentation.
12.2. To the maximum extent permitted by law:- (a) the Company is not liable for indirect/incidental/consequential damages;
- (b) the Company’s aggregate liability is limited to rebates paid to the IB in the prior three (3) months.
12.3. The Company shall not be liable for any trading losses incurred by Clients introduced by the IB.
Clients remain solely responsible for their own trading decisions and financial outcomes.
12.4. No Guarantee. The IB acknowledges that participation in the IB program does not guarantee any level of income, client acquisition, trading activity, or rebate payments.
The Company makes no representations or warranties regarding performance or profitability.
13. Governing Law and Dispute Resolution
13.1. Governing Law. This Agreement, the IB program, and all services provided by the Company shall be governed by and construed in accordance with the laws of Saint Lucia, without regard to its conflict of laws principles.
13.2. Amicable Resolution. Before initiating any formal legal proceedings, the IB and the Company agree to make reasonable efforts to resolve any dispute, claim, or disagreement arising out of or in connection with this Agreement through good faith negotiations. Such negotiations shall be conducted via written communication and/or direct discussions between the Parties.
13.3. Exclusive Jurisdiction. If a dispute cannot be resolved through amicable negotiations within a reasonable period, such dispute shall be submitted to and finally resolved by the competent courts of Saint Lucia.
The IB irrevocably agrees that:
- (a) the courts of Saint Lucia shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement;
- (b) it submits to the jurisdiction of such courts; and
- (c) it waives any objection to venue, forum non conveniens, or similar doctrines
13.4. Company Protection Clause. Nothing in this Section shall limit the Company’s right to:- (a) initiate proceedings in any other jurisdiction where the IB is located or where assets are held; or
- (b) seek injunctive relief, interim measures, or enforcement actions in any competent jurisdiction.
13.5. Binding Effect. By accepting this Agreement electronically, the IB expressly acknowledges and agrees to this Governing Law and Dispute Resolution clause.
14. Miscellaneous
14.1. Entire Agreement: This Agreement and its Schedules constitute the entire agreement between the Parties on this subject matter
14.2. Amendments: The Company may update Schedule A and Schedule B with written notice. Updates apply prospectively from the effective date stated in the notice.
14.3. Severability: If any provision is unenforceable, the remainder remains in effect.
14.4. Prevailing Version. The latest version of this Agreement published on the Company’s website shall prevail over any prior versions.
14.5. Language. This Agreement is drafted in English. In the event of any discrepancy between translated versions, the English version shall prevail.
15. Force Majeure
Neither Party shall be liable for failure or delay in performing its obligations under this Agreement if such failure or delay results from events beyond its reasonable control, including but
not limited to:- (a) natural disasters;
- (b) war or civil unrest;
- (c) regulatory actions;
- (d) cyber incidents;
- (e) internet outages;
- (f) system failures.
The affected Party shall notify the other Party as soon as reasonably practicable
If such circumstances continue for more than ninety (90) days, either Party may terminate this Agreement with written notice.
16. Electronic Acceptance and Execution
16.1. This Agreement may be accepted electronically by the IB via:
- (a) registration on the Company’s website;
- (b) acceptance checkbox in the partner dashboard; or
- (c) any other electronic confirmation mechanism provided by the Company.
16.2. By completing such electronic acceptance, the IB confirms that it has read, understood, and agrees to be bound by this Agreement, including all Schedules and policies referenced herein.
16.3. Electronic acceptance shall constitute a legally binding agreement between the Parties equivalent to a handwritten signature.
16.4. The Company may rely on electronic records, including timestamps, IP addresses, account identifiers, and system logs, as conclusive evidence of acceptance of this Agreement.
16.5. Continued use of the Company’s services, participation in the IB program, or receipt of any benefits under this Agreement shall constitute ongoing acceptance of this Agreement and any updates made to it.