Terms and Conditions of the Referral Program

Terms and Conditions of the Referral Program

Stableton Financial AG (hereinafter referred to as “We”’, the “Company”, “Us” or “Our”), a Swiss private company headquartered in Poststrasse 24, 6300 Zug, Switzerland, hereto publishes the following terms and conditions ("Terms) governing its Referral Program.

1.    Definitions

1.1 “Site” means https://marketplace.stableton.com/

1.2 “User” means a person who has registered on the Site as a Swiss resident and professional or institutional investor, as defined by the Swiss Financial Services Act (FINSA) and has been accepted by the Company; the Company reserves the right to refuse in its discretion any registration request.

1.3 "Referral" means a valid registration and investment made in accordance with paragraphs 3.4 and 3.5 below.

1.4 “Referrer” means a User who agrees to refer the Site to personal contacts in accordance with these Terms.

1.5 “Referral Code” means a unique personal referral code, which is available in the User’s profile section after they log in to the Site.

1.6 “Referred User” means any new User who has been referred by the Referrer in accordance with these Terms and has entered the Referral Code in the relevant field in the registration form but has not yet made the First Investment.

1.7 “Referred Investor” means the Referred User who has made the First Investment.

1.8 “First Investment” means the first investment made by a Referred Investor into products listed on the Site.

1.9 “Trade Confirmation” means a confirmation by a bank or a broker which executed the trade order for the First Investment for the Referred Investor and serves to verify that the First Investment has taken place.

1.10 “Referral Program” means the promotional campaign, governed by the terms of this document, and sponsored by the Company.

1.11 “Beneficiary” means either a Referred Investor or a Referrer, who has completed all the requirements laid out in these Terms and is awaiting the delivery of the reward.

2.    General Terms

2.1 These Terms are published by the Company. These Terms form a binding agreement between the Company and Users (both Referrers and Referred Users) of the Site.

2.2 This Referral Program allows the Referrer to invite their friends, family members, and other personal acquaintances to participate in the Referral Program.

2.3 For each valid Referral, both the Referrer and Referred Investor are eligible to receive a reward from the Company.

2.4 The Company reserves the right to terminate or change the terms of the Referral Program in its sole discretion. The current Terms are published on the Company’s website (https://www.stableton.com/terms-and-conditions-referral/).

3 How the Referral Program Works 

3.1 The Company operates the Site on which certain information is accessible only to professional and institutional investors resident (as defined by FINSA) in Switzerland after a successful registration process.

3.2 Each User of the Site has a unique personal Referral Code (the “Referral Code”), which is available in their profile section after they log in.

3.3 Each User is free to share their Referral Code (subject to the restrictions set out in section 7) and benefit from rewards associated with the Referral Program. All Referred Users must be new and first-time Users. Existing Users cannot participate in, and can benefit neither directly or indirectly from, the Referral Program.

3.4 For a Referral to be valid, a participant must

i) insert the Referral Code in the relevant field on the Site signup page,

ii) successfully complete the registration process on the Site,

iii) make a First Investment of USD 20’000 or more

iv) share a Trade Confirmation with the Company (if the reward is to be paid in cash in accordance with para. 5.3), thus becoming a Referred Investor

3.5 Once the steps described in para. 3.4 are completed, the Company reviews the validity of the Referral within 30 days. A Referral is valid only if all the steps described in para. 3.4 have been completed and the Referral was made in accordance with these Terms.

3.6 Upon validation of the Referral, the Company sends the associated reward (see section 5 below) to both the Referrer and the Referred Investor.

4.    Verified Channels

4.1 The Company shall promote and share relevant information on its Referral Program only through its officially managed channels, including, but not limited to Site, email, and mobile app.

4.2 All communication on behalf of the Company shall be undertaken by its employee and the Company’s corporate email address from the ‘@stableton.com’ domain.

5.    Reward

5.1 Upon validation of the Referral in accordance with section 3, the Company shall distribute the following rewards:

i) If the Referred Investor invests CHF 10’000 or more, both the Referrer and the Referred Investor will receive a reward worth CHF 200.

ii) If the Referred Investor invests between CHF 5’000 and CHF 9’999, both the Referrer and the Referred Investor will receive a reward worth CHF 100.

iii) In addition, for the 10^th valid Referral in which each Referred Investor invests CHF 10’000 or more, the Referrer will receive a one-time reward worth CHF 1’000. 

5.2 The reward may be delivered in form of cash or gift card, depending on the Beneficiary’s preference.

5.3 In case the reward is requested to be paid in cash, the Beneficiary will be asked by email to complete and sign via DocuSign a confirmation form that will include their account details. Wire payments to bank accounts outside of Switzerland are subject to additional identity verification requirements in respect of the AML regulations. The payment will be processed within 30 days from the successful completion of the formalities described in this section.

5.4. The rewards are strictly personal to the Referrer and Referred Investor and can’t be transferred or assigned to any third party, nor can they be refunded or exchanged.

6.    Privacy and Information

6.1 Referrer and Referred User confirm that all personal information they provided is correct and up to date. The Company reserves the right to monitor their use of the Referral Program or verify their identity before issuing or sending rewards.

6.2 All personal information collected and processed as part of this Referral Program will be used in accordance with Stableton Financial AG’s Privacy Policy, available at https://www.stableton.com/privacy-policy/. Under the applicable laws and regulations, Stableton Financial AG shall be responsible for collecting and processing such personal information.

6.3 The Referrer undertakes to respect the privacy rights of the people they invite to our Referral Program.

6.4 By using the Referral Code in their registration process on the Site, the Referred Users confirm that they understand and consent that the Company may share with the Referrer:

i) Confirmation that they have registered on the Site;

ii) Whether or not they made the First Investment;

iii) Whether their First Investment was between CHF 5’000 and 10’000 or higher than CHF 10’000.

6.5 The Company will not share with the Referrer any other information about the investments made by the Referred Investor (including names of investment products or invested amounts).

6.6 If cash payment of the reward is selected, we will ask the Beneficiary for their bank account details. This information will be used only for the purposes of the Referral Program.

7.    Restrictions

7.1 Referrer may not act, nor appear to be acting, in the name of the Company towards any third party and must always recognizably and exclusively act in their own name. Referrers must not give the impression of being a representative, authorized agent or intermediary of the Company. The Referrer has neither a power of attorney to conclude any agreement on behalf of the Company, nor to make legally binding declarations for the Company.

7.2 Referrer may not create or reproduce any materials that contain branding, trademark, or corporate identity of the Company.

7.3 Referrer may not publicly refer to specific products available through the Site, and may neither publish nor otherwise disclose financial data related to products on the Site.

7.4 Referrers must not use referral methods that are bothersome to the recipients.

7.5 Referrers’ activities must not violate any, but comply with all applicable laws and regulations, including financial regulation or regulations concerning mass distribution of unsolicited messages. Referrer must refrain from violating the Company's or third-party rights, including any copyright, trademark, or other proprietary rights.

7.6 In principle, the Company does not enforce any maximum number of Referrals per Referrer. However, the Company reserves the right to limit Referrals in the event of fraud suspicions.

7.7 This Referral Program cannot be combined with other referral programs, discounts, vouchers, benefits, or incentives by the Company.

7.8 Referrers must not publish our Referral Program or the referral codes on any sites or platforms that house adult content, alcohol, tobacco, gambling, games and online casinos, political content, coupon or review sites, websites that offer the upload or download of illegal content, such as BitTorrent, or house any other form of illegal activities.

7.9 Referrers may only use our Referral Program for personal use and must not to use it for commercial or professional purposes.

7.10 If the Referrer is a current or former employee, contractor, or affiliate of the Company, their participation in the Referral Program may be restricted or canceled with immediate effect.

8.    No partnership or employment

Referrers acknowledge that by participating in the Referral Program, they are by no means legally considered an employee, agent, partner, or otherwise an affiliate of the Company.

9.    Liability for links

The Site may contain third-party content or links to third-party websites. The Company does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.

10. Copyright

The Company retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("Intellectual Property Rights"). All Intellectual Property Rights in the Site or any part of it remain vested in the Company.

11. Violations

11.1 In case of suspected violations of these Terms, fraud, or unreasonable use of the Referral Program, the Company may in its sole discretion cancel the distribution of any reward.

12. Indemnification

12.1 Referrers will defend, indemnify, and hold the Company harmless from and against all claims, damages, liabilities, losses, expenses, and costs (including reasonable attorney’s fees) arising out of their participation in the Referral Program.

13. Clause and Contract Integrity

13.1 In the event one or more clauses of these Terms is legally challenged and/or deemed invalid by a competent authority, that shall not render the remainder of the document invalid unless explicitly determined so by the competent authority.

14. Applicable Law and Jurisdiction

14.1 This document shall exclusively be governed by and construed in accordance with the substantive laws of Switzerland, as amended from time to time.

14.2 All disputes arising out of or in connection with the present document, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the ordinary courts in Zug, Switzerland.