API PARTNER TERMS OF SERVICE

This API Partner Program Terms of Service (the "Partner API Terms") is entered into by and between BAM Trading Services Inc., a Delaware corporation located at 252 NW 29th Street, 9th Floor, Suite 905, Miami, FL 33127 ("BAM Trading" or "Binance.US") and the person or entity registering and onboarding with BAM Trading to participate as a partner ( "Partner" or "You" or "Your" ) on the Binance.US digital asset trading mobile web-based application and website available at https://www.binance.us (together, the "Platform").
By agreeing to onboard as a new institutional customer (or continue as an existing institutional client) and register as a Partner on the Platform, You agree to be bound these terms and the BAM Trading Terms of Use at https://www.binance.us/terms-of-use ("BAM Trading Terms"), the BAM Trading website, and Privacy Policy, as they may be amended from time to time (the Partner API Terms, BAM Trading Terms and Privacy Policy shall be referred to together as the "Agreement"). If You do not agree to be bound by this Agreement, please do not participate as a Partner on the Platform. Capitalized terms not defined in these Partner API Terms shall have the meaning given to them in the BAM Trading Terms.
In the event of any inconsistency between the provisions of these Partner API Terms and any provisions of the BAM Trading Terms and the Privacy Policy, the terms and provisions of these Partner API Terms shall govern and control, but only with respect to Partner activities and services as specified hereunder.
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND BINANCE.US CAN BE BROUGHT (SEE SECTION 7 AND 8 BELOW). THESE PROVISIONS MAY REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BINANCE.US TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING

RECITALS AND TERMS

1. Partner Qualifications and Obligations

  1. Partner. Partner is in the business of transacting on the Platform on behalf of Binance.US's end user customers ("End Users”) and referring new customers to Binance.US in order to transact on the BAM Trading Platform. Partner will introduce customers to transact on the BAM Trading Platform and will receive a proportionate percentage rate in return in accordance with the Rebates Tier in Schedule A (hereinafter "Rebates”).
  2. Partner Onboarding Procedures. Partner must receive approval from BAM Trading to trade and conduct activity on the Platform on behalf of End Users by completing BAM Trading's registration form and corporate onboarding procedures, including passing required Know-Your-Customer ( "KYC") checks and providing bank statements or other financial documentation (Corporate Account Verification Process available at https://support.binance.us/hc/en-us/articles/360047428333-Corporate-Account-Verification-Process). Partner agrees to provide complete and accurate information in registering to become an institutional client and onboard as a Partner and completing KYC and corporation verification requests.
    1. Existing Partners. For those Partners who are pre-existing institutional clients, BAM Trading in its sole discretion may request from time to time information which may require the Partner to reverify their KYC status and provide information requests in relation to that.

2. BAM Trading Obligations.

  1. Provision of Rebates. BAM Trading will provide periodic Rebates and Performance Reports to Partners based on certain qualifying criteria and eligibility in accordance with the Rebate Tier in Schedule A, which may be modified from time to time as provided in Section 4.
  2. Provision of a BAM Trading Account. BAM Trading shall establish and maintain an institutional trading account for Partner on the Platform (the "Trading Account”). BAM Trading shall provide Partner access to the Trading Account, including but not limited to access to Trading Account API keys and trade-execution history and other Trading Account trade data. Partner is responsible for keeping all access credentials to the Trading Account confidential and secure and shall immediately notify BAM Trading of any unauthorized access or use of Partner's Trading Account. Partner is responsible for activities on the Partner's Trading Account, whether authorized or not. Partner is responsible at all times for the safeguarding of the API Keys provided by BAM Trading to Partner.
  3. Scope of API Partner Services and Partner Obligations. : Subject to the requirements set out in this Agreement and the Additional Rebate Terms in Schedule A, Partner shall exercise commercially reasonable efforts to engage with End Users and transact on behalf of End Users. Partner shall comply with the requirements set forth in Schedule A of this Agreement ("Rebates Plan and Additional Rebates Terms”) as such Schedule A may be modified from time to time as provided in Section 3.
  4. Non-Exclusive Designation. You acknowledge and agree that Your designation as a Partner is not exclusive and BAM Trading has the right, in its discretion, to increase or decrease the number of Partners from time to time.

3. Modifications

  • Partner acknowledges and agrees that BAM Trading may from time to time modify this Agreement, including Schedule A, to comply with Applicable Law (as defined herein) or otherwise as it determines appropriate. BAM Trading will not provide prior notice to you in the event it determines to modify this Agreement. Such modification become effective on posting of the modifications to the BAM Trading website. Your continued use of the Platform after posting of such modifications constitutes Your acceptance of them.

4. Definition

  • "Applicable Law” shall mean any foreign, federal, state, local or other laws, rules, regulations or guidance to which BAM Trading or the Platform are subject, including without limitation the rules, regulations and interpretations of the U.S. Securities and Exchange Commission or the U.S. Commodity Futures Trading Commission and any applicable data privacy and data security laws.

5. Representations, Warranties, and Covenants

  1. Mutual Representations, Warranties, and Covenants. Each Party represents, warrants, and covenants that:
    1. it is an entity validly existing pursuant to the laws of the state or country in which it is organized;
    2. it has the power and authority to execute, deliver and perform this Agreement;
    3. upon due execution and delivery, this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms;
    4. its execution, delivery and performance of this Agreement will not violate any Applicable Law, or any agreement by which it is bound or by which any of its assets are affected; and
    5. it will reasonably cooperate with the other Party and with relevant authorities to address any litigation, administrative proceeding, or governmental or regulatory inquiry regarding this Agreement or related activities.
  2. Partner Representations, Warranties, and Covenants. You represent and warrant that:
    1. You are eligible to facilitate transactions and effect trades on behalf of End Users and to introduce customers on the Platform pursuant to the BAM Trading Terms;
    2. You have and will maintain any licenses, registrations, or approvals required by foreign, federal, state, or local authorities for You to trade cryptocurrencies or other digital assets in the United States and meet its obligations under this Agreement, and You will immediately notify BAM Trading of any loss of such licenses, registrations, or approvals;
    3. You are permitted under Applicable Law to trade cryptocurrencies and digital assets with "U.S. Persons", as defined in the BAM Trading Terms of Use;
    4. You meet the qualifications to perform as a Partner as set forth in this Agreement, as may be modified from time to time as provided in Section 4, and agree to (a) use Your best efforts to continue to meet such qualifications throughout the term of Your role as a Partner and (b) immediately notify BAM Trading if You no longer meet such qualifications;
    5. You meet the qualifications to perform as a Partner as set forth in this Agreement, as may be modified from time to time as provided in Section 4, and agree to (a) use Your best efforts to continue to meet such qualifications throughout the term of Your role as a Partner and (b) immediately notify BAM Trading if You no longer meet such qualifications;
    6. You will notify BAM Trading of an Incident (as defined in Section 6,c) as soon as practicable and will fully cooperate at Your sole cost with any internal investigation subsequently conducted by BAM Trading (including, without limitation, by providing BAM with all requested books and records, as well as reasonable access to Partner personnel to discuss the Incident) and take all steps to remediate the Incident and provide any required notifications under Applicable Law as directed by BAM Trading;
    7. You will promptly notify BAM Trading, unless disclosure is otherwise prohibited by Applicable Law, of (A) any material violations of Applicable Law and (B) any claim, threat of a claim, litigation, administrative proceeding, or governmental/regulatory inquiry that could adversely affect Partner's performance under this Agreement or cause BAM to be in violation of any Applicable Law.
    8. You will not engage in any fraudulent, deceptive, coercive, or manipulative trading activity or engage in other such malicious conduct on the Platform.
  3. Partner Responsibilities. In performing its obligations hereunder, Partner shall use diligent efforts (in accordance with all applicable industry standards) to prevent any Incident. " Incident” shall mean any technical or operational incident that Partner experiences, such as a trading algorithm code failure, bug, software glitch, data integrity failure, or system breach, that (i) interferes or could reasonably interfere with its trading activity on the Platform (ii) causes Partner to temporarily halt or materially limit its services under this Agreement, (iii) introduces any harmful code that causes defects or issues to the Platform (iv) conducts activity on the Platform or engages in other acts, or omissions which causes loss or damages to End Users or (v) fails to keep End User's data safe, including API keys, API key leakage, transaction records, balance data, personal information.

6.Termination and Remedies

  1. Termination by BAM Trading. BAM Trading may, in its sole discretion, suspend or terminate Your access to the Platform or its offering of the API Partner program to You and any associated Rebates if (i) You fail to maintain the Rebate qualifications required under this Agreement and do not promptly remedy any such deficiencies (especially if You have received an email or other written notification from BAM Trading alerting You to such deficiencies), (ii) You otherwise breach this Agreement, (iii) You engage in any activities prohibited by this Agreement or Applicable Laws or (iv) for any other reason within BAM Trading's sole discretion. BAM Trading shall, in addition to any other right or remedy it may possess, be entitled to terminate this Agreement effective on the date specified in a written notice of termination.
  2. Effect of Termination. Upon termination of this Agreement for any reason, Partner shall cease use of the Platform for provision of its services to Binance.US's End Users and BAM Trading will cease providing Rebates to Partner. Under no circumstances will the termination of this Agreement in accordance with the provisions of this Section 7 entitle Partner to any kind of compensation, damages, loss of profits, or otherwise. Notwithstanding the foregoing, the termination of this Agreement will be without prejudice to the accrued or antecedent rights and obligations of BAM Trading as of the date of termination.

7. Governing Law; Dispute Resolution

This Agreement, its subject matter and the Parties' respective rights and obligations hereunder shall be governed by and construed in accordance with the laws of the state of California, without giving effect to principles regarding conflicts of law. Any dispute, claim or cause of action arising out of relating to this Agreement (a "Dispute") shall be resolved in accordance with this Section 8. Prior to initiating a Dispute in court or arbitration, the Parties shall submit their claim in writing to the other Party under the notice provisions in Section 21 below. After receipt of such notice, the Parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). Except for Disputes submitted to arbitration at BAM Trading's request, the exclusive venue and jurisdiction for Disputes shall be a court of competent jurisdiction located in San Francisco, California. But at BAM's request, any Dispute shall be submitted to final and binding arbitration in accordance with the rules and procedures of JAMS (using the JAMS Streamlined Arbitration Rules and Procedures if available) to take place in San Francisco, California. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the Parties from seeking injunctive relief or provisional remedies in aid of arbitration from a court of competent jurisdiction located in San Francisco, California.

8. Class Action and Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTNER AND BAM TRADING AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. BY AGREEING TO THESE TERMS, PARTNER ACKNOWLEDGES THAT PARTNER AND BAM TRADING EACH WAIVE THE RIGHT TO: (1) A JURY TRIAL; AND (2) PARTICIPATE IN A CLASS ACTION. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH'S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT. THIS CLASS ACTION WAIVER IS SUBJECT TO AND DOES NOT IMPAIR OR IMPEDE BAM'S RIGHT TO CONSOLIDATE ARBITRATION CLAIMS IN ITS SOLE DISCRETION.

9. Assignment

This Agreement is not assignable by either Party, whether by operation of law (including by merger or consolidation) or otherwise, without the prior written consent of the other. Notwithstanding the forgoing, BAM Trading may assign this Agreement to any affiliate or to a successor.

10. Severability

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, which shall remain in full force and effect.

11. Confidentiality

In the event a Party discloses information to the other receiving Party, which said disclosing Party considers to be secret, proprietary or non-public (collectively "Confidential Information") and so notifies the receiving Party prior to such disclosure, the receiving Party agrees to hold such Confidential Information in confidence. This Agreement is the Confidential Information of BAM Trading. Confidential Information shall be used by the receiving Party only in connection with its performance of, or exercise of its rights under, this Agreement and shall not be disseminated without disclosing Party's written approval, which shall be within disclosing Party's sole discretion. Confidential Information shall not be deemed to include information which: a) is in or becomes generally available to the public without violation of this Agreement by the receiving Party; or b) was known to the receiving Party prior to disclosure by the disclosing Party as evidenced by the receiving Party; or c) is rightfully received from a third entity having no obligation to the disclosing Party to keep such information confidential and without violation of this Agreement. If required to be disclosed by law, the receiving Party will immediately notify the disclosing Party and use its best efforts to limit the disclosure. The receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the receiving Party the disclosing Party shall be entitled to appropriate equitable relief (without the posting of a bond or similar instrument) in addition to whatever other remedies it might have at law.

12. License

BAM Trading grants You a non-exclusive, non-transferable, non-sublicensable, and revocable license to use the BAM API in the United States in accordance with the terms and conditions set forth herein. All rights not expressly granted to you are reserved by BAM.

13. Promotion and Use of Name

BAM Trading has the non-exclusive right to use the name and logo of the other Party only for purposes relating to this Partner API Terms investor presentations and other forms of communication upon execution of this Agreement. You may request approval from BAM Trading prior to any use of BAM Trading or Binance.US name and logos including for use in promotional materials, provided such approval shall not be unreasonably withheld. Any use of a Party's name and logo shall inure to that Party's benefit and shall be in accordance with the written guidelines of that Party, including having all required trademark and other notices.

14. Disclaimers/Limitations on Liability

BAM Trading disclaims any warranties regarding the Rebate program, including any amounts that Partner may earn. Partner will be liable to BAM Trading for Partner's breach of Section 6(b), Partner's indemnity obligations, Partner's negligence or intentional misconduct, Incidents or breaches of data privacy, confidentiality, or other security breaches, and for any indirect, incidental, special or consequential losses suffered or incurred by BAM Trading. BAM Trading will not be liable to Partner for any indirect, incidental, special or consequential losses suffered or incurred by Partner arising out of or related to this Agreement or for any other damages in excess of $10,000.

15. Indemnification

Partner hereby indemnifies BAM Trading and its parent, subsidiary and affiliated entities, and each of their successors, assigns, agents, nominees, employees, officers and directors, and agrees to hold each of them harmless from and against all claims, actions, demands, suits, proceedings, damages, losses, liabilities, penalties, fines, taxes and other governmental assessments, costs and expenses (including attorneys' fees), incurred or assessed against any of them in connection with Partner's negligence or misconduct, its breach of this Agreement, or its performance of this Agreement, including but not limited to 1.) any and all claims by BAM Trading's End Users made against BAM Trading relating to or arising out of this Agreement or the acts or omissions of Partner, 2.) Partner's obligations and responsibilities to End Users through the performance of this Agreement or otherwise, 3.) Any Incident, or 4.) Partner's failure to safeguard API keys, misplace API keys, provide unauthorized access to API Keys, and any claims brought by End Users resulting from such activity.

16. Relationship Between the Parties; Third Parties.

This Agreement is not intended to create and does not create any joint venture, partnership, agency or fiduciary relationship between the Parties. This Agreement does not create and shall not be construed to create any right for the benefit of any third party.

17. Further Assurances

At any time after the date of this Agreement, each Party shall, and shall use all reasonable efforts to cause any appropriate third party to, execute such documents and do such acts or things as the other Party may reasonably require for the purpose of providing the other Party the full benefit of all provisions of this Agreement.

18. References and Headings

Unless specifically stated otherwise, references to sections are to sections of this Agreement and references to rules are to the Rules. The headings in this Agreement are intended for convenience of reference only and shall not affect its interpretation or meaning.

19. Waiver of Compliance

A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

20. Privacy

Please review BAM Trading's Privacy Policy at https://www.binance.us/privacy-policy for a summary of our guidelines regarding the collection and use of personally identifiable personal information. You agree to comply with BAM Trading's Privacy Policy. By providing services on the Platform, Partner agrees that BAM Trading may collect and use Partner's personal information, and acknowledge that Partner has read, understand and accepted the terms and conditions of BAM Trading's Privacy Policy. Among other things, the information that Partner provides may be used for sending company updates and announcements to Partner by email about BAM Trading and its products and/or services. Partner will have the right to opt-out of such email communications by utilizing the unsubscribe mechanism on the email, except for transactional communications or communications about Partner Trading Account. You will provide and adhere to a privacy policy for your users that clearly and accurately describes to users of your API users what user information you collect and how you use and share such information.

21. Notices

  • Except as otherwise expressly set forth in this Agreement, any notice, request, consent, claim, demand, waiver, or other communications under this Agreement have legal effect only if in writing and addressed to a Party at the address set forth in this Agreement. Notices to Partner shall be sent to the contact information set forth in the registration form. Notices to BAM Trading shall be sent to Attn: Binance.US Legal Department, Address: BAM Trading Services Inc., 252 NW 29th Street, 9th Floor, Suite 905, Miami, FL 33127, Email: legal@binance.us. Notices sent will be deemed effectively given: (a) when received, if delivered by hand, with signed confirmation of receipt; (b) when received, if sent by a nationally recognized overnight courier, signature required; (c) when sent, if by or email, (in each case, with confirmation of transmission), if sent during the addressee's normal business hours, and on the next business day, if sent after the addressee's normal business hours; and (d) on the day after the date mailed by certified or registered mail, return receipt requested, postage prepaid.

22. Entire Agreement

  • This Agreement constitutes the entire understanding between the Parties with respect to the matters addressed herein and supersedes all prior understandings, written or oral, relating to such subject matter. For the avoidance of doubt, if the terms of these Partner API Terms and the BAM Trading Terms conflict, the Partner API Terms shall apply.

23. Survival

  • Sections 7, 8, 11, 13, 14, 15, 20, 21, and 22 shall survive termination of this Agreement.

SCHEDULE A: REBATE PLAN AND ADDITIONAL REBATE TERMS

Table A: Rebates Tier

Rebate LevelBronzeSilverGold
Rebate Rate30%35%40%
Qualifying CriteriaAverage Monthly Trading Volume1≥ $1,000,000≥ $3,000,000≥ $6,000,000
Average # of Monthly Active2 Trading Users≥ 5 users≥ 10 users≥ 20 users
1 The average monthly trading volume for a quarter is calculated by adding the total trading volume in a whole quarter and dividing that by three.
2 An Active User which defines the Rebate Tier is defined as an End User who places at least one filled Order/Trade for a cryptocurrency on or through the Binance.US Platform. A filled Order is an order which is fully executed and fulfilled through the Binance.US Platform.

1. Additional Rebate Terms

This Rebate Plan and Additional Rebate Terms ("Additional Rebate Terms”) govern the details surrounding the provision of Rebates by Binance.US to Partner and Partner's obligations arising from your provision of services in connection with receiving such Rebates. For the avoidance of doubt, these Additional Rebate Terms are hereby fully incorporated into the Agreement. Binance.US may from time to time and its sole discretion modify the Additional Rebate Terms in accordance with Section 4 of the Agreement.

2. Partner Integration and Program Use

  1. New Partners. Partner is required to create an account with Binance.US Platform and onboard and pass KYC checks. Partner is thereafter assigned a trading account and User ID.
  2. Existing Partners. Partners who are existing institutional clients may be asked to reverify their KYC data by providing additional documentation to Binance.US. Binance.US reserves the right to ask for additional documentation from Partners who are existing institutional customers of Binance.US.
As either a new and existing Partner, You will be provided with a unique corresponding Partner ID associated with Your account. As Partner, You are solely responsible for tracking the performance of Your transaction activity on the Binance.US platform. It is Your responsibility alone to affix Your Partner ID to the order flow associated with the trading activity by the End Users on the Binance.US platform.

3. Rebate Qualifications

As a newly onboarded Partner, Your participation in the Program will begin at the Bronze level Rewards Tier. Your Rewards Tier is calculated on a quarterly3 basis based on Your average monthly trading volume and average monthly number of traders/default rate will be at the Bronze level. The performance review cycle will not begin until You have completed a full quarterly review period. If You do not meet the Bronze level Rebate Tier requirements for a full quarterly review period, Your Rebates Tier rate will be reduced down to a 20% share of trading revenue. BAM Trading will conduct a periodic review of Partner's performance and qualifying criteria on a full quarterly period, at which time a new rebate structure may be considered.
  1. Rebate Eligibility Criteria. Your qualifying trades are based on the following eligibility criteria:
    1. A user of Your platform or service must:
      1. not already be an existing Binance.US End User;
      2. open an account with Binance.US after You sign up for our program, thereby becoming a Binance.US End User; and
      3. maintain an average 30-day trading volume corresponding to a Binance.US VIP Level between 0-4, which can be found at https://www.binance.us/fees.
Please note that users on Your platform who open a Binance.US account with an existing referral code will be ineligible for the program. For the avoidance of doubt, Rebates are only awarded to Partner who onboard new eligible end users on the Binance.US Platform, based on the Rebate Eligibility Criteria, defined above.
3 Quarterly is determined on a conventional quarterly basis standard of Q1-Q-4, with Q1 indicated by January 1 - March 31, Q2 indicated by April 1 to June 30, Q3 indicated by July 1 through September 30, and Q4 denoted by October 1 to December 31 of every given calendar year.

4. Partner Obligations

  1. General. You acknowledge that Your performance under this Agreement is subject to the review of Binance.US. You acknowledge that You will receive Rebates only upon meeting certain Eligibility Criteria, as identified above. You understand that the Rebates You will receive will depend on your qualifying Trade and Active User Criteria as noted by Table A. For the avoidance of doubt, You acknowledge that Rebates are distributed to Your associated institutional account, but that all orders placed and trades executed on behalf of End Users will be distributed directly to the individual End User's individual account. You acknowledge that in order to meet the Eligibility Criteria, you must abide by the terms of this Agreement.
  2. Use and Safeguarding of API Keys; Safeguarding of End User Data. You acknowledge that, as a Partner in the Program, You will receive API keys from Binance.US's End Users in order to conduct or facilitate transactions on the Platform on their behalf. You acknowledge that your performance related to this Agreement requires that you collect certain API keys from End Users. You acknowledge that it is Your responsibility alone to safeguard these API keys at all times and to prevent unauthorized access and use of the API keys. You will notify Binance.US immediately of any loss or unauthorized access to the API keys. As a Partner in the Program, You acknowledge that you will keep End Users' data safe at all times, You will not share End User data with any third party, and You will prevent unauthorized access to End User data. In the event of a breach of End User data or API Keys, You will notify Binance.US immediately and take immediate corrective action to remedy such breach.

5. Reporting

Binance.US will provide You with Daily Rebates and Quarterly performance reports outlining its performance details and its qualifying rebate levels. Binance.US does not confirm the accuracy of the reports and reserves the right to supplement or provide new information in its reports. You acknowledge that Your reliance on these reports is only for informational and non-commercial purposes only. Binance.US reserves the right to cease providing reports to You at any time without prior notice to You. Binance.US is not responsible for any loss, liability or damages to You from the submission of late reports or its failure to provide reports to You.

6. Payment of Rebates

BAM Trading will provide daily Rebates to Partner on a T+1 basis based on the daily rebate calculated from qualifying trades from the previous day. Rebates will be distributed to You directly into Your BAM Trading account at 8 a.m. UTC. Rebates will be provided in the same asset type as which the trading fee is charged from the End Users.
Binance.US does not ensure its ability to provide Rebates to Partner on a timely basis and Partner acknowledges that it may not receive Rebates on a timely basis. Binance.US disclaims any liability for failure to make timely Rebate payments, for non-payment of Rebates or for any missed payments of Rebates.
Partner shall promptly provide notice to BAM Trading in the event that it receives erroneously made or overpaid Rebates from BAM Trading; Partner will notify BAM Trading of such payment of Rebates within 14 days notice of receiving the Rebates. For the avoidance of doubt, BAM Trading may collect any erroneously made or overpaid Rebates from Partner at any time.
Partner acknowledges that BAM Trading has the right to reclaim the erroneous or overpaid payment of Rebates to Partner at any time. Partner acknowledges that any unclaimed overpaid Rebates by Binance.US remain the property and assets of BAM Trading.
BAM Trading reserves the right to suspend making Rebates to Partner if it believes Partner has engaged in any deceptive trading conduct to falsely generate Rebates or other means of effecting ill gotten Rebates. Binance.US may suspend the provision of Rebates to Partner at any time within its sole discretion.

7. Disqualification and Offboarding

Partners who fail to meet eligibility criteria (as updated from time to time) or fail to meet the requirements of the Bronze Tier for two consecutive quarterly reviews (i.e. over the course of 6 months) may be disqualified from participating in the Partner API Program at BAM Trading's sole discretion. In the event of a disqualification leading to offboarding, Binance.US will provide Partner with instructions for such offboarding. Following an offboarding, Partner will no longer be entitled to receive Rebates and Binance.US will revoke your Partner ID. Binance.US may, but is not required to, consider re-onboarding the Partner onto the Platform following an offboarding.

8. Changes to Rebate Structure; Termination of Rebates; Limited Warranties around Rebates

Binance.US in its sole discretion reserves the right to change the Rebate Tier in Table A, the Rebates qualifications, eligibility criteria or any other changes to its Rebate Structure to the Partner.
Binance.US makes no representations or warranties around the Rebates it provides to Partner or any guarantees that the Partner will receive any Rebates. REBATES ARE PROVIDED AS IS.