ELEV8 Affiliate Agreement v4.0
Current commercial agreement for ELEV8 Affiliates, preserving valid historical Sub-IB and Affiliate evidence while aligning the program with ELEV8 Central's current multi-broker model.
1. Parties, purpose and successor agreement
Jan Adriel Caguingin, sole proprietor carrying on business as ELEV8 GROUP, Ontario BIN 1001728203, enters this Agreement with the individual or entity electronically accepting it (the "Affiliate"). The Agreement governs participation in ELEV8's current multi-broker ecosystem, Business Central, referral systems and partner program. For an Affiliate who previously accepted ELEV8 Sub-Introducing Broker Agreement v2.0 dated August 11, 2026, this v3.0 Agreement supersedes v2.0 prospectively only from the UTC time of valid v3.0 acceptance. It does not rescind, waive, release, replace retroactively or extinguish any accrued right, obligation, payment, evidence, declaration, protected or pre-existing relationship, confidentiality or data duty, intellectual-property protection, non-circumvention obligation, claim, prior breach, remedy, dispute term or provision intended to survive under v2.0, including its schedules and acceptance evidence, to the extent enforceable by law.
2. Definitions and relationship status
An "Active Affiliate" is an Affiliate whose ELEV8 commercial participation has not been formally ended, resigned, terminated or designated inactive in ELEV8's records. "ELEV8 Member Relationship" includes a person onboarded into ELEV8, approved for ELEV8 services or recorded as a member, client, partner or participant. "ELEV8-Generated Relationship" means a relationship acquired through ELEV8 branding, domains, channels, campaigns, referrals, events, advertising, platform, staff or shared resources. "Protected Relationship" includes identifiable ELEV8 Member Relationships, ELEV8-Generated Relationships, ELEV8-introduced brokers/providers/staff/contractors and properly documented pre-existing relationships of either party. "Confidential Information" includes non-public member data, broker and provider arrangements, referral structures, commission information, platform credentials, internal systems, commercial terms and internal communications.
3. Independent operator; no authority to bind ELEV8
The Affiliate is an independent business participant and is not an employee, agent, legal partner, franchisee, fiduciary, broker-dealer, investment adviser or representative authorized to bind ELEV8. The Affiliate is responsible for taxes, licences, registrations, disclosures, marketing rules and lawful business conduct in every jurisdiction where the Affiliate operates. ELEV8 does not guarantee commissions, profits, client volume, broker approval, provider availability or any income level.
4. Verified pre-existing relationships
An Affiliate retains attribution to properly verified clients, teams, communities and partner relationships that genuinely existed before the applicable original ELEV8 partner effective date. ELEV8 will not intentionally use this Agreement to absorb or divert properly verified pre-existing relationships. ELEV8 may request credible dated evidence such as broker, CRM, referral, email, messaging, payment or event records. For a partner who already accepted v2.0, the original 30-day declaration window and 60-day correction framework, including declarations, corrections, expiries and evidence already made or omitted, remain governed by that historical acceptance. v4.0 does not restart, extend or reopen either window.
5. New relationships and ELEV8 member protection
After a person becomes an Active Affiliate, new trading-related clients or partner relationships that are referred for ELEV8-related education, brokerage support, signals, live trading, automation, technology, platform access or other ELEV8 benefits should be onboarded through ELEV8-approved flows. Once onboarded, they are ELEV8 Member Relationships. The Affiliate may receive applicable referral attribution or commission credit, but such credit does not create ownership of a person. A member always remains free to make the member's own lawful choices.
6. Separate classifications and genealogies
ELEV8 membership, education and signal access, product entitlements, broker attribution, commission attribution and Affiliate status are separate classifications. ELEV8 sponsor and organization relationships exist within ELEV8 and are separate from each broker's client, IB or affiliate structure. A member may legitimately maintain different broker relationships without changing the member's ELEV8 sponsor. The Affiliate must not represent that joining ELEV8 requires transfer of an existing broker account or affiliate line. ELEV8 may preserve legitimate historical ELEV8 attribution when a member later uses a different supported broker or product.
7. Personalized referral codes and anti-manipulation
ELEV8 may issue a public referral code or permit a personalized referral slug and may retain prior codes as aliases to preserve historical attribution. The Affiliate must not manipulate cookies or referral parameters, create duplicate member accounts, induce re-registration to overwrite another legitimate sponsor, make false introduction claims, buy or sell referral identities, or use technical or third-party methods to defeat ELEV8 attribution controls.
8. No unauthorized resale, white-labeling or collection
Unless ELEV8 gives prior written approval, the Affiliate shall not sell, resell, package, repackage, white-label, sublicense, charge subscription fees for, collect payment for, or independently offer ELEV8 signals, live sessions, education, mentorship, automation, technology, platform access, provider services or other ELEV8 benefits. Pricing, access terms, branding and payment collection for ELEV8 Services remain subject to ELEV8-approved arrangements.
9. Brokers, providers and commercial relationships
ELEV8 may add, adjust, suspend, replace or remove broker partners, strategy providers, signal providers, technology platforms or education/services. An Affiliate may have relationships with only some supported brokers. Broker compensation and attribution are governed by the applicable broker/provider agreement and current schedule. Commissions may be delayed, corrected, withheld, reversed or clawed back when a provider reverses or adjusts a transaction, identifies fraud or duplicate attribution, applies a chargeback, corrects a calculation error, requires tax withholding, or when ELEV8 reasonably investigates a documented attribution or payment dispute. No commission is earned merely because a member registers; entitlement depends on valid attribution and the applicable provider/program rules. Where an ELEV8-introduced commercial relationship was introduced or materially developed through ELEV8, the Affiliate shall not bypass ELEV8 to negotiate or establish an independent competing commercial arrangement using that introduction without prior written approval, to the extent permitted by applicable law.
10. External trading communities and conflicting activity while active
While active with ELEV8, and to the extent permitted by applicable law, the Affiliate shall not use ELEV8 Confidential Information, member relationships, providers, staff, systems, brand or internal resources to establish, operate, finance, staff, materially support, promote or grow a competing trading-related community, signal operation, copy-trading community, Master IB network or substantially similar ecosystem without ELEV8's prior written approval. Independent activity that does not use ELEV8 resources, protected relationships or confidential information is not prohibited merely because it is trading-related, except where a separately agreed exclusivity obligation lawfully applies.
11. Mutual non-solicitation, member choice and diversion
Without prior written approval, the Affiliate shall not intentionally use ELEV8 access, member data, private introductions, internal systems or targeted communications to divert an ELEV8 Member Relationship or ELEV8-Generated Relationship to another trading community, competing service, broker attribution or affiliate structure for the Affiliate's own benefit or another person's benefit. ELEV8 likewise shall not intentionally use the Affiliate's Confidential Information or properly documented pre-existing Protected Relationships to divert those relationships away from the Affiliate, subject to a member's independent request, lawful choice, support needs, provider rules or compliance requirements. General public content that is not targeted using protected data is not by itself prohibited. Nothing in this Agreement owns or controls a person; the restrictions govern conduct, protected information, solicitation, diversion and contractual obligations.
12. Marketing, financial promotions and representations
The Affiliate must use accurate, balanced and lawful marketing and required risk disclosures. When the Affiliate may receive compensation from ELEV8, a broker or provider, that commercial relationship must be disclosed clearly and prominently as required by applicable law. The Affiliate must not promise guaranteed profits, risk-free trading, fixed or guaranteed returns, guaranteed VIP results, guaranteed partner income, fabricated or selectively misleading performance, false regulatory status, or present historical, backtested, demo or third-party results as assured future outcomes. The Affiliate must clearly distinguish ELEV8 from independent brokers/providers and must not present ELEV8 as a broker, dealer, investment fund, fund manager, portfolio manager or regulated investment adviser.
13. Confidentiality, privacy and data security
ELEV8 member data and non-public commercial information may be used only for authorized ELEV8 purposes. The Affiliate shall not scrape, export, sell, publish, license, upload to unauthorized databases, disclose credentials or use member data for unrelated marketing without a lawful basis and ELEV8 authorization where required. The Affiliate must use reasonable safeguards and promptly notify ELEV8 of suspected unauthorized access, loss, disclosure or misuse.
14. Brand and intellectual property
ELEV8 grants an approved Affiliate a limited, revocable, non-exclusive, non-transferable licence to use current approved ELEV8 branding only for authorized ELEV8 activity. The Affiliate may not register confusingly similar domains, impersonate ELEV8, alter official materials to create misleading legal or performance claims, resell or duplicate ELEV8 systems, or use ELEV8 branding to market a separate operation without written approval.
15. Anti-evasion
The Affiliate shall not knowingly use a spouse, relative, nominee, controlled company, alternate account, affiliate account, separate brand, contractor, Master IB structure or third party to avoid an obligation under this Agreement. Conduct may be attributed to the Affiliate where credible evidence shows direction, control, funding, material assistance, supply of ELEV8 relationships/resources or material benefit for the purpose of circumvention. Independent conduct of another person is not automatically attributed without such evidence.
16. Liquidated damages for designated breaches
The parties acknowledge that certain intentional commercial breaches may cause loss that is difficult to calculate precisely. To the extent enforceable under applicable law and only where the amount is a reasonable genuine pre-estimate rather than a penalty, the parties agree to the following liquidated damages: Minor — US$2,500 per violation for material unauthorized brand/system misuse after notice or another specifically designated lower-level breach causing identifiable business harm; Serious — US$5,000 per violation for unauthorized resale/white-labeling/commercial offering of ELEV8 Services or intentional unauthorized member redirection; Major — US$10,000 per violation for provider bypass, deliberate anti-evasion or material use of ELEV8 internal relationships/resources to build or support a competing operation; Critical — US$15,000 per violation for unauthorized extraction/use of member databases, organized diversion/migration of members or partner relationships, intentional misuse of highly confidential information or coordinated circumvention causing substantial commercial harm. ELEV8 may not obtain duplicative recovery for the same loss, and any amount recovered must be reduced by compensation already recovered for that same loss. Payment does not authorize prohibited conduct. If a liquidated-damages provision is unenforceable, only remedies otherwise available under applicable law remain available.
17. What counts as one violation
A violation is a distinct prohibited act, arrangement, course of conduct or commercial engagement. A continuing course of substantially the same conduct involving the same third party will ordinarily be treated as one violation. If ELEV8 gives written notice requiring the conduct to stop and the Affiliate continues, restarts, renews, materially expands or enters a new substantially similar arrangement after notice, the continued or resumed conduct may constitute an additional violation, subject to applicable law.
18. Suspension, investigation and termination
Either party may end the active Affiliate relationship with 30 days' written notice unless immediate action is permitted by law or this Agreement. ELEV8 may immediately suspend or terminate partner access for fraud, security risk, provider bypass, deliberate circumvention, intentional member diversion, unauthorized resale, material data misuse, deceptive promotion, unlawful conduct or material breach. Suspension or termination is not the only available remedy and does not erase historical audit, attribution, acceptance, payment or legal records that ELEV8 may lawfully retain.
19. Twelve-month post-exit protection
For 12 consecutive months after the Affiliate's recorded inactive or termination date, and only to the extent enforceable under applicable law, the former Affiliate shall not use ELEV8 Confidential Information, member relationships, providers, internal introductions, staff, systems or other Protected Relationships to establish, operate, materially support or grow a competing trading-related community or to provide substantially similar services for the purpose of circumventing ELEV8. The former Affiliate shall not use nominees or third parties to evade this restriction. Completion of the period does not grant any right to ELEV8 member data, confidential information, provider relationships or internal introductions. This clause does not restrict a member's independent lawful choice and does not prohibit independently developed business activity that does not use ELEV8 protected resources or relationships, except where broader restrictions are separately enforceable under applicable law.
20. Liability, indemnity and no guarantees
To the fullest extent permitted by law, ELEV8 does not guarantee the Affiliate's commissions, member retention, broker compensation, profitability, provider availability or trading results. The Affiliate is responsible for unlawful marketing, unauthorized financial advice, privacy violations, fraud, deceptive claims and material breach and agrees to indemnify ELEV8 for third-party claims and reasonable costs arising from that conduct, except to the extent caused by ELEV8's own unlawful conduct. Nothing excludes or limits liability that applicable law does not permit a party to exclude or limit.
21. Dispute resolution, arbitration and urgent relief
Before ordinary proceedings, the parties should attempt in good faith to resolve a dispute through written notice and direct discussion for at least ten business days unless urgent relief is reasonably required. To the extent legally permissible for the parties and dispute involved, unresolved commercial disputes arising from this Agreement shall be finally resolved by binding arbitration before one arbitrator seated in Toronto, Ontario, Canada and conducted in English, under the Arbitration Act, 1991 (Ontario) or International Commercial Arbitration Act, 2017 (Ontario), as applicable. Either party may seek urgent interim, injunctive, preservation or protective relief from a court of competent jurisdiction to protect data, confidential information, intellectual property, member relationships, providers or systems.
22. Governing law and international enforcement
This Agreement is governed by Ontario law and applicable federal Canadian law, without regard to conflict-of-law principles, subject to mandatory law that cannot legally be excluded. An Affiliate outside Canada acknowledges that the Agreement is intended to create commercial obligations capable of recognition and enforcement through applicable arbitration, court and enforcement procedures, subject to the law of the relevant jurisdiction.
23. Written approvals, no waiver, severability and survival
Where prior written approval is required, it must come from an authorized ELEV8 representative through a verifiable written channel. Delay or failure to enforce does not automatically waive a right. If a provision is invalid or unenforceable, the remaining provisions continue to the extent permitted by law and an adjudicator may give the affected provision the maximum lawful effect where permitted. Confidentiality, data protection, protected relationship obligations, claims arising from pre-exit conduct, dispute provisions and other clauses intended by their nature to survive will continue after termination.
24. Electronic acceptance, evidence and complete agreement
Electronic acceptance and electronic signatures are binding to the extent permitted by law. ELEV8 may retain the exact agreement version, exact document hash, acceptance wording and method, typed signature, UTC timestamp, partner/member identifier, legal name, email, declared country, IP address, user agent and complete re-acceptance audit trail. Historical Sub-IB v2.0, Growth Partner v3.0 and other prior-version records remain immutable and are not overwritten by Affiliate v4.0. Material amendments require a new version or another legally valid written acceptance process. This Agreement, together with the Member Terms, Privacy Policy, applicable risk disclosures and any expressly incorporated written program terms, constitutes the agreement governing the Affiliate's current ELEV8 participation, subject to the historical-preservation terms above.