LEGAL

General Terms and Conditions

Updated September 2023

In these General Terms and Conditions, the following terms shall have the following meanings, unless stated otherwise

Account The Customer's account through which they can access and use the Products.
Agreement The contractual agreement between the Customer and MKX or a third party for the provision of Products.
Customer The individual or entity who has entered into the Agreement with MKX
Day Calendar day
Digital Information Data, including audio and video files, educational materials, applications, images, texts, and other creations that are delivered digitally.
Fees The price associated with the purchase or subscription of the Products, as specified on the Website.
Force Majeure Event An event or circumstance beyond the control of MKX or a third party, such as natural disasters, acts of God, wars, accidents, riots, terrorist acts, epidemic, pandemic, quarantine, civil commotion, power failure, malfunction or maintenance of internet, computer network or telecommunications facilities, breakdown of web host, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, labour difficulties, fire, explosion, generalized lack of availability of raw materials or energy, that prevents or delays the fulfillment of obligations under the Agreement.
General Terms and Conditions The present terms and conditions that govern the use of the Products and the relationship between the Customer and MKX
Intellectual Property Rights related to intellectual property, including but not limited to copyrights, trademarks, patents, database rights, domain names, trade names, design rights, neighbouring rights, software and any and all other forms of Intellectual Property, as well as rights to know-how, trade secrets, wheresoever and howsoever arising, whether registered or unregistered, anywhere in the world;
MKX The entity as detailed in section 19 below.
Privacy Policy MKX's policy that outlines how personal information is collected, used, and protected, as published on the Website.
Product(s) The services and/or products offered by MKX or a third party, including educational content, platforms, travel booking engines, applications, and other Digital Information.
Package Period The specified period during which the Customer has access to the Product through purchasing a Membership Package
Website The website of MKX, including subdomains, mobile applications, emails, the MKX Back Office, and any other online platforms provided by MKX for accessing the Products.

2.1 These General Terms and Conditions create an agreement between MKX and the Customer and/or the Customer and the third party providing the Product through the Website (“Agreement”). The applicability of any terms and conditions used by the Customer are expressly rejected.

2.2 The Customer's use of the Products is subject to the acceptance of this Agreement. Products may be offered by MKX or a third party. By using a Product or checking the acceptance box at the check-out page, the Customer acknowledges and agrees to be bound by all the terms and conditions of this Agreement, including any applicable third-party End User License Agreement ("Standard EULA") and additional terms specific to the purchased Products. If the Customer purchases a Product provided by MKX, the Customer acquires the Product directly from MKX Network B.V. If the Customer purchases a third-party Product, MKX is not a party to the sales contract or user agreement between the Customer and the third party. MKX acts as the merchant of record for payment facilitation to the respective third party. The Customer acknowledges that MKX is a third-party beneficiary of the applicable Standard EULA for each third-party Product and may enforce such agreement. MKX is not responsible for the content, warranties, or claims related to third-party Products, which are solely the responsibility of the respective third party, subject to local law

2.3 MKX will grant the Customer access to the purchased Products on the Website, subject to the terms and conditions of this Agreement. The Website provides descriptions of the Products available. MKX may also offer special promotional plans, memberships, or services, including third-party products and services. However, MKX is not responsible for the products and services provided by such third parties.

2.4 Some Products may be offered as a package ("Package"). The displayed price for a Package is the price charged upon purchasing it. The Package price may be adjusted based on any previously purchased or acquired Products, but it may include a minimum charge to complete the Package.

2.5 Customers are permitted to use the Product solely for personal, non-commercial purposes, unless otherwise specified by MKX and/or the third party.

2.6 Certain Products may not be suitable or available for use in specific locations. If the Customer chooses to use such Products, they are solely responsible for compliance with applicable laws.

2.7 MKX reserves the right to modify, enhance, change, suspend, remove, disable, impose access restrictions or limits, or supplement any Product at its discretion. However, these modifications should not materially and adversely affect the Customer's rights or obligations under this Agreement.

2.8 MKX reserves the right to modify this Agreement at any time and introduce new or additional terms or conditions regarding the Customer's use of the Products. Any such modifications and additional terms will be communicated to the Customer and, if accepted, will take immediate effect and become part of this Agreement. The Customer's continued use of the Products will be considered as acceptance of these changes. If the Customer refuses to accept the changes, MKX may terminate the Agreement.

3.1  To access any Product, the Customer must receive an invitation to create an account or register on the Website. MKX reserves the right to refuse or cancel any registration or activation request for any reason, and it is not obligated to provide any Product until the Customer's credit card has been charged for the applicable Fee. MKX's use of personal information provided during the registration process is subject to MKX's Privacy Policy.

3.2  In order to utilize the Products, Customer’s will require compatible hardware, software (it is advisable to use the latest version, and in some cases, it may be mandatory), and access to the Internet. It's important to note that the performance of the Products may be influenced by these elements.

3.3  The account allows the Customer to use the same login credentials for all participating third-party products, services, and applications ("Single Sign On Account"). Once the Customer is accessing third-party products, services, and applications, specific terms and privacy policies of the third-party will apply.

3.4  The login details are strictly personal and should not be shared with third parties. Customers are responsible for their login details and any activity that occurs under their account if they fail to keep this information secure and confidential, even if done without their knowledge. Customers must immediately notify MKX of any unauthorized use of their account or password, or any other security breach. Customers may be held liable for losses incurred by MKX or other users or visitors to the Website due to unauthorized use of their account. MKX is not liable for any loss or damage resulting from the Customer's failure to comply with these obligations. the account creation request or cancelled the registration.

3.4  If there is a breach of these General Terms and Conditions or MKX suspects misuse of login details or the Single Sign On Account, MKX has the right to terminate the Single Sign On Account and deny access to the Website or the Products. MKX also reserves the right to hold the Customer responsible for any consequences of such misuse.

3.5  It is important to note that if MKX does not exercise its rights against the Customer or if there is a delay in doing so, it does not imply a waiver of MKX's rights or relieve the Customer of their obligations, whether in the current situation or in the future.

3.6  MKX has the right to immediately terminate any Single Sign On Account if it stops providing the single sign-on service for any reason

4.1  The Customer agrees to pay the specified Fees for the selected Product. By purchasing the Product, the Customer authorizes MKX to charge the provided payment method for the applicable Fees and taxes. The Customer consents to MKX storing and utilizing those payment methods for the purpose of processing and charging the Fees. Charges will be applied either as one-time payments or at recurring intervals, granting access to the Products for the specified Package Period(s), unless otherwise indicated.

4.2  If payment cannot be processed due to expired or insufficient funds, and the Customer has not cancelled the Product, the Customer remains responsible for unpaid amounts. MKX will attempt to charge the payment method or request the Customer to update their information. MKX reserves the right to cancel the Products if payment cannot be successfully processed on the designated billing date.

4.3  Upgrades or downgrades may be available for certain Products, subject to additional Fees or charges as described.

4.4  Trial periods may be offered for certain Products at a reduced Fee. Cancelling the Product before the trial ends prevents activation of the full Fee. Reactivation of the trial is not possible after cancellation during the trial period.

4.5  Failure to pay amounts due is considered a material breach. Without limiting any other remedies available to MKX, the Customer agrees to fully reimburse MKX for any costs and expenses incurred in collecting unpaid amounts.

4.6  MKX may block or suspend access to the Products for unpaid or overdue Fees, partially or in full. MKX may resume access upon payment of overdue invoices.

4.7  Deducting or setting off amounts owed by MKX is prohibited.

4.8  The Customer must promptly report any payment detail inaccuracies.

4.9  Special offers, promotional deals, and money-off vouchers ("Discounts") are only valid during their specified period of validity and subject to the conditions of each offer. Discounts cannot be converted into cash or refunded to the Customer. Discounts are applied to the purchase value of the Customer's order, excluding any applicable tax. Unless stated otherwise, multiple Discounts cannot be used together for a single purchase.

4.10  Product prices may change at any time.

5.1  MKX offers Gift Cards for purchase and redemption through the Website only. A valid MKX account is required to buy Gift Cards.

5.2  Gift Cards are available in electronic form only, provided through a Gift Card Code.

5.3  After Gift Card payment processing, an email will be sent to the Customer, who can then choose how to share the Gift Card. Gift Cards are valid for 24 months from purchase, unless stated otherwise.

5.4  Conversion to cash or reimbursement is not possible, except as expressly provided in Section 7 “Right of Withdrawal”.

6.1  The Customer has the option to cancel a Product at any time by accessing the payments/billing pages or contacting the relevant payment processor. Upon cancellation, the Customer will retain access to the Product until the end of the current billing period.

6.2  MKX and/or the third party providing the Product reserve the right to immediately cancel any individual Product without prior notice in the event of a breach of this Agreement or any other applicable terms.

6.3  Customer’s' dissatisfaction with any Product or its components can be resolved by cancelling their account or the specific Product in accordance with this Agreement.

6.4  Refunds are not available for Product cancellations, and MKX does not provide refunds or credits for any remaining or partial periods, except as expressly provided in Section 7 “Right of Withdrawal”.

7.1  Customers residing in the European Union have a right of withdrawal from this Agreement within a period of fourteen (14) days (“Reflection Period”) without providing any reasons. The withdrawal period commences on the day when the Customer or a third party, other than the postal service carrier, takes physical possession of the goods. In the case of partial deliveries, the withdrawal period starts on the day the last batch of goods is received. Customer must inform MKX through a clear statement, such as a letter sent by mail or email, of their decision to cancel this Agreement. The Customer may use the Standard Form for Withdrawal as set out in the Appendix, although this is not obligatory. To meet the cancellation deadline, it is sufficient for the Customer to send their notice of cancellation before the end of the Reflection Period.

7.2  Excluded from the right of withdrawal are package travel, reservations for hotels, cultural and other events where capacity is reserved for the Customer and in which MKX or the third party may subsequently find difficult to fill if the Customer would cancel.

7.3  Please be aware that in case MKX’s Products consist of digital access rights and/or Digital Information not provided on a physical form, they may not fit under the classification of goods or services. Consequently, there is no Reflection Period as typically associated with other purchases. When Customers purchase any Product that provides them with digital access to an electronic environment and/or Digital Information not delivered on a physical form they explicitly acknowledge and consent to the immediate execution of the Agreement. This results in the withdrawal right of Customers becoming void, and Customers hereby expressly waive any statutory entitlement to a refund. This waiver is irrevocable.

7.4  If technical issues hinder or significantly delay the delivery of a Product, Customer’s exclusive and sole recourse is either the replacement of the Product or a refund of the amount paid, as determined by MKX. Occasionally, MKX may suspend or cancel payment, or reject a refund request if evidence of fraud, misuse, unlawful activities, or any other form of deceptive behaviour is found, which entitles MKX to a corresponding counterclaim.

8.1  The Customer acknowledges and agrees that all Intellectual Property rights in the Products and the Website are owned or licensed by MKX and/or a third party.

8.2  If the Product includes applications made available through the Website, the Customer's use of such applications is subject to the acceptance of the Standard End User License Agreement (“EULA”), or a custom end user license agreement provided by the third party.

8.3  The Customer agrees to use the proprietary information and materials solely for personal, non-commercial use in compliance with this Agreement. Except for the rights expressly granted in this Agreement, no rights, title, or interest in MKX's or any third party's Intellectual Property Rights are granted to the Customer.

8.4  The Customer agrees not to modify, rent, sell, share, or distribute the Product in any manner not expressly authorized in this Agreement.

8.5  The Customer shall not copy, alter, reverse-engineer, or create derivative works of the Products or the Website, or allow any third party to do so.

8.6  The trademarks, service marks, graphics, and logos of MKX, including the MKX name and logo, are owned by MKX throughout the world. The Customer is not granted any right or license with respect to these trademarks, unless otherwise provided in writing.

9.1  Certain Products may include access to digital platforms, dashboards and applications (“App(s)”). App licenses are granted to the Customer either by MKX or by a third-party. If the Customer purchases a Product provided by a third party, MKX serves as an intermediary for such third party and is not a direct party to the sales contract or user agreement between the Customer and the third party. This means the Customer acquires the App license from MKX, but the actual App is licensed by the third party. Each App the Customer purchases is subject to the terms of the App End User License Agreement ("Standard EULA") as detailed in Section 10, unless a superseding custom license agreement (“Custom EULA”) is provided by MKX or the third party. It’s important to understand that the third party of any third-party App is exclusively responsible for its content, warranties, and any claims the Customer may have regarding the third-party App, in accordance with local laws. The Customer also acknowledges and agrees that MKX holds the status of being a third-party beneficiary of the Standard EULA or Custom EULA associated with each third-party App and, as such, has the right to enforce these agreements.

10.1  Apps available through the Website are provided to the Customer under a license, they are not sold to the Customer. The Customer’s acceptance of either this App End User License Agreement (“Standard EULA”) or a customized end user license agreement (“Custom EULA”) with the third-party, if provided, is required before Customer can use each App. If applicable, Customer’s license for any MKX App is granted by MKX, and Customer’s license for any third-party App is granted by the third-party of that third-party App. The Licensor, which can be either the third-party or MKX, as applicable, retains all rights to the App not expressly granted to Customer under this Standard EULA.

A.  Licensor grants Customer a non-exclusive, non-transferable and revocable license to use the App on any devices that Customer owns or controls in accordance with this Standard EULA. This Standard EULA covers any content, materials, or services accessible from or purchased within the App, as well as upgrades provided by Licensor that replace or supplement the original App unless such App or upgrades are accompanied by a Custom EULA.

B.  Customer cannot transfer, redistribute, or sublicense the App, except as expressly permitted in this Agreement. The Customer may not copy, reverseengineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, its updates, or any part thereof, except to the extent that such restrictions are prohibited by applicable law or the licensing terms governing any open-sourced components included with the App.

C.  The Customer agrees that Licensor may collect and utilize technical data and related information, including but not limited to technical information about Customer’s device, system and application software, and peripherals. This information may be gathered periodically to facilitate the provision of software updates, product support, and other services (if any) related to the App. Licensor may use this information, as long as it remains in a form that does not personally identify Customer, for product improvement or the provision of services or technologies.

D.  This Standard EULA remains in effect until terminated by Customer or Licensor. Failure to comply with any of its terms will result in automatic termination of Customer’s rights under this Standard EULA.

E.  The App may provide access to Licensor's and/or third-party services and websites ("External Services"). The Customer agrees to use External Services at Customer’s own risk. Licensor is not responsible for evaluating the content or accuracy of any third-party External Services and shall not be held liable for them. Any data displayed by the App or External Services, including financial and location information, is provided for general informational purposes and is not guaranteed by Licensor. The Customer must not use External Services in a manner inconsistent with this Standard EULA or that infringes on the intellectual property rights of Licensor or any third party. It is strictly prohibited to use any External Services for purposes relating to harassment, abuse, stalking, threats, or defamation of any person or entity. Licensor is not responsible for such actions. External Services may not be available in all languages or regions, and their appropriateness for use may vary by location. When Customer choose to use External Services, Customer are solely responsible for complying with applicable laws. Licensor reserves the right to change, suspend, remove, disable, or restrict access to External Services at any time without notice or liability to Customer.

F.  The Customer acknowledges and agrees that their use of the App is at their own risk. To the maximum extent permitted by applicable law, the App and any services performed or provided by the App are provided "as is" and “as available.” Licensor disclaims all warranties and conditions, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and noninfringement of third-party rights. No oral or written information or advice given by Licensor, or its authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a Customer, so the above exclusion and limitations may not apply.

G.  Licensor shall not be liable for any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption, or any other commercial damages or losses arising out of or related to the Customer’s use of or inability to use the App, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Licensor has been advised of the possibility of such damages. In no event shall Licensor’s total liability to the Customer for all damages exceed the amount of the total value of the fees paid by the Customer under the Licensor General Terms and Conditions up to the date the claim is made, and all damage or expense over and above such amount shall be the responsibility of the Customer. This limitation will apply even if the above stated remedy fails of its essential purpose.

H.  The Customer may not use or export the App except as authorized by local laws and regulations. By using the App, Customer represents and warrants that Customer is not located in a country subject to trade restrictions or sanctions, or on any list of individuals or entities prohibited from engaging in trade by local authorities. The Customer also agrees that Customer will not use the App for any purposes prohibited by local laws and regulations.

I.  This Standard EULA and the relationship between Customer and Licensor shall be governed by the laws of the Netherlands without regard to choice or conflicts of law principles. Disputes involving a Customer residing in the Netherlands shall be exclusively resolved by the courts of Amsterdam.

J.  For Customers residing in countries outside the Netherlands, all disputes, claims, demands, counts, causes of action, or controversies arising in connection with the present Standard EULA, or further agreements resulting therefrom, shall be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The arbitral tribunal shall be composed of one arbitrator. The arbitration will take place in Amsterdam, the Netherlands, and the proceedings will be conducted in English. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing Party shall be entitled to any and all arbitration costs, including reasonable attorney’s fees, incurred in enforcing this Standard EULA, bringing a lawsuit for breach of this Standard EULA or defending a lawsuit arising out of this Standard EULA. This agreement to arbitrate shall survive any termination or expiration of the Standard EULA.

K.  If (i) the Customer is a citizen of a country within the European Union, the United Kingdom, Switzerland, Norway or Iceland, (ii) the Customer resides in the European Union, the United Kingdom, Switzerland, Norway or Iceland, (iii) the Customer is accessing the App from the European Union, the United Kingdom, Switzerland, Norway or Iceland, except to the extent required by applicable law, this Agreement and the relationship between the Customer and Licensor, and all Products purchased on the Website shall be governed by the laws of the Customer’s usual place of residence. The Customer hereby irrevocably submit to the jurisdiction of the courts located in the state, province, or country of their usual place of residence.

L.  If (i) the Customer is a U.S. citizen; (ii) the Customer resides in the U.S.; (iii) the Customer is accessing the Website from the U.S., except to the extent required by applicable law, this Standard EULA and the relationship between the Customer and the Licensor, and all Products purchased on the Website shall be governed by the laws of the State of Georgia, excluding its conflicts of law provisions. The Customer and Licensor agree to submit to the personal and exclusive jurisdiction of the Superior Court of Fulton County, Georgia to resolve any dispute or claim arising from this Standard EULA.

M.  However, notwithstanding anything to the contrary, Licensor retains the right to initiate legal proceedings, including equitable, injunctive relief, and to enforce an arbitration award in any court of competent jurisdiction.

N.  The Parties agree to resolve any disputes on an individual basis and waive their rights to file or participate in class actions or seek relief on a class or representative basis.

O.  If Customers have any questions about this Standard EULA or need further assistance, please contact MKX support team.

11.1  The Customer acknowledges that they are solely responsible for determining if the Products meet their needs and agrees to use the Products and the Website at their own risk.

11.2 Educational Disclaimer
MKX is not a certified or recognized educational institute, and the educational content offered through MKX’s platform should not be considered a substitute for formal education or professional training. MKX strongly recommends consulting with qualified professionals or experts in the relevant field before making any decisions based on the information provided by MKX. Furthermore, the views and opinions expressed by individuals in articles, publications, and during discussions do not necessarily reflect the views of MKX. MKX does not endorse or take responsibility for any third-party content linked or referenced from its platforms.

11.3 Travel Disclaimer
MKX is not a travel agency and uses online booking engines to enable the Customer to book hotel accommodations, transportation and other privileges, or services for the Customer’s benefit, operated by a variety of online travel service providers, affiliates and partners (“OTA’s”). It's important to note that MKX does not operate, control, or directly deliver the services provided by these independent OTA’s. MKX shall not be liable for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection there with. Travel to certain destinations may carry higher risks compared to others. Customers are strongly advised to review the latest travel advisories, warnings, and restrictions issued by relevant governments before making any travel bookings. Additionally, it is the passengers' responsibility to ascertain and acquire the necessary documentation for international travel. MKX does not assert or guarantee that such travel is entirely safe, advisable, or devoid of risks. MKX, along with our affiliates, partners, and all travel suppliers, disclaim liability for any damages or losses that may arise from travel to such destinations. Additional terms may come into effect when hotel accommodations are booked through the Website. For instance, hotels have their cancellation policies that are applicable to any reservations. Any supplementary terms imposed by a travel supplier can be found in the respective section of the Website where a booking is made. It is the Customer’s responsibility to ensure that their bookings comply with the terms and conditions set by any supplier the Customer choose to engage with, including the terms outlined in an air carrier's fare rules or contract of carriage.

11.4 Earnings DisclaimerThe Customer understands and agrees that MKX is not licensed to provide financial advice or services. The Customer warrants that they have obtained their own independent professional and financial advice, separate from the use of the Products, or have decided not to do so. They acknowledge that they are using the Products freely and voluntarily and will not rely on the Products as a substitute for specific financial or other advice. MKX does not guarantee any financial success merely upon access or purchase of the products and or services or related material(s).

11.4  MKX is not responsible for any decision the Customer may make regarding any information presented on the Website or any of the services and/or products presented on the Website. The Customer releases and discharges MKX, its officers, employees, agents, and assigns from any liability arising from any advice provided in the Products.

12.1  If the Customer requires any permits or approvals from a government agency or third party for the intended use of the Products, it is the Customer’s responsibility to obtain such permits or authorizations. The Customer assures MKX that they possess all the necessary permits and permissions required for the intended use of the Products.

12.2  When using or accessing the Products, the Customer must adhere to the end-user obligations specified in any applicable third-party terms and conditions or Custom EULA. By using the Products, the Customer signifies their agreement to be bound by these terms and commits to using the Products in accordance with the referenced end-user obligations.

12.3  The Customer commits to safeguarding their account username and password and will not disclose their password to any third party. The Customer acknowledges full responsibility for any harm or liability arising from their actions or any third party accessing their account or any Products using their username and password.

12.4  The Customer shall not copy, sell, redistribute, license, sublicense, or transfer their account or any materials provided in connection with the Products to any third party without the written consent of MKX. The Customer will adhere to all federal laws and regulations governing their actions under this Agreement, and the Customer affirms that they have the necessary authority to enter into this Agreement and fulfill their obligations.

12.5  Without limiting its other remedies, MKX reserves the right to refuse or cancel the Customer's account or Products at any time due to any violation of the aforementioned commitments. MKX shall not be held liable for any loss or damage incurred by the Customer as a result of MKX exercising its rights under this Section. MKX's rights and entitlements under this agreement are in addition to any rights it may possess under applicable law or equity.

13.1  To the maximum extent permitted by law, the Consumer agrees to indemnify, hold harmless, and, at MKX's request, defend MKX and its officers, directors, members, shareholders, and representatives against any and all liability, damages, losses, costs, or expenses (including but not limited to reasonable attorneys' fees and expenses) incurred in connection with any claim arising from:

(a)  The Customer's violation of any term, condition, representation, warranty, or covenant in this Agreement.

(b)  Any unlawful, negligent, fraudulent, or indictable act or omission by the Customer or any of its officers, employees, or agents.

(c)  The Customer's use or misuse of any Products.

(d)  The information provided by the Customer to MKX or made available to any third party, including their registration data, except to the extent of any contributory negligence by MKX.
This indemnity shall remain in effect even after the termination of the Customer's relationship with MKX.

14.1  To the extent permitted by law, MKX does not accept any liability for loss, theft, destruction, or improper use of the Products, unless this is the result of gross negligence on the part of MKX.

14.2  MKX cannot be held liable for loss of turnover, use, profit, expected profit, contracts, income, goodwill or expected savings; loss of details or of use of details; or consequential loss, extraordinary loss or indirect loss or other economic loss, including if it has been informed of the possibility of such loss.

14.3  Without prejudice to the conditions of this Agreement, MKX’s liability towards the Customer is limited to the amount of the total value of the Fees paid by the Customer under these General Terms and Conditions up to the date the claim is made, and all damage or expense over and above such amount shall be the responsibility of the Customer.

14.4  Nothing in this agreement serves to exclude or limit liability for death or personal injury due to wilful and gross negligence or any other form of liability that cannot legally be excluded or limited.

14.5  MKX may decline any claim which does not comply with these General Terms and Conditions, or which is not covered by these General Terms and Conditions, in which case MKX may give notice to the Customer that the claim is declined, and the Customer shall be responsible for MKX’s reasonable costs of receiving, processing, assessing, and declining the Customer’s claim. MKX may invoice the Customer any such costs incurred by it and the Customer shall promptly pay the invoice within seven (7) days of the date of the invoice

15.1  MKX will not be liable for any loss, whether direct or consequential, and shall not be considered in default under these Terms and Conditions if it fails to fulfill its obligations related to the Products due to a Force Majeure Event, to the extent permitted by law.

16.1  For any questions, complaints, or comments, the Customer can contact MKX by sending a message to support@mkxnetwork.com or through the Zendesk chat function.

16.2  MKX will make every effort to handle messages promptly and provide a substantive reply within 14 working days from the date of receipt. If a message requires more time to be handled, MKX will acknowledge the receipt and provide an estimated timeline for a detailed response.

16.3  If the Customer is a natural person and remains dissatisfied with MKX's handling of a complaint, the Customer may also submit the complaint to a designated arbitration board. The European ODR platform is available for this purpose and can be accessed at https://ec.europa.eu/consumers/odr/.

17.1  MKX values and respects the privacy of its Customers. All personal data transmitted to MKX is treated and processed in accordance with the applicable legislation, including the General Data Protection Regulation (GDPR). MKX takes appropriate security measures to protect the Customer's personal data. For more detailed information about how MKX handles personal data, please refer to the Privacy Policy.

18.1  If the Customer is a natural person, the rights under this Agreement are in addition to and do not affect the statutory rights and remedies under applicable consumer protection law. In the event of a conflict between this Agreement and applicable consumer protection law, the statutory rights under applicable consumer protection law shall prevail.

18.2  These General Terms and Conditions, unless amended in writing, constitute the entire agreement between the Customer and MKX regarding the Products. Any deviations from these General Terms and Conditions must be agreed upon in writing. The administration of MKX serves as proof of the Customer's purchase orders and requests, unless proven otherwise by the Customer. The Customer acknowledges that electronic communication can serve as evidence. No warranties, representations, guarantees, or other terms or conditions of any kind, not contained and recorded in these General Terms and Conditions, shall have any force or effect.

18.3  MKX reserves the right to transfer or assign its rights and obligations under this Agreement to a third party without the Customer's consent. MKX may also license or subcontract all or part of its rights and obligations without the Customer's consent. The Customer shall not transfer or assign its rights and obligations under this Agreement.

18.4  If any provisions of these General Terms and Conditions are cancelled, declared invalid, or unenforceable, the remaining provisions shall remain valid and enforceable. In such a case, the nullified provision shall be severed from these General Terms and Conditions, and a new provision shall be drafted by MKX to replace the nullified provision, taking into consideration the object and purpose of the annulled provision.

18.5  The failure by MKX to enforce any provision of these General Terms and Conditions shall not be considered a waiver of that provision, nor shall it affect MKX's right to enforce that provision in the future.

18.6  Any party signing, executing, or accepting these General Terms and Conditions on behalf of the Customer, as the Customer's director, officer, attorney, or representative, warrants and represents in their personal capacity that they are duly authorized and permitted to do so by the Customer and by law.

19.1  Depending on the Customer’s location, the following aspects may apply to such Customer:

A.  The Customer’s physical address will be used to establish (i) the MKX entity responsible for this Agreement, (ii) the address to which the Customer should direct notices as per this Agreement, (iii) the governing law in any dispute or lawsuit related to this Agreement, and (iv) the courts with jurisdiction over such disputes or lawsuits, as detailed below. For the purposes of this Agreement, 'Customer Location' refers to the Customer’s physical address.

B.  If the Customer Location is in North America, South America or Latin America, then the Customer is contracting with MKX Network USA LLC. with Address for Notices as follows: 1100, 6365 Town Square Alpharetta, Georgia, 30005, United States of America.

The below provisions apply and are included as part of the Agreement. In the event of a conflict between the below provisions and the terms otherwise set forth in this Agreement, the below provisions will control.

i.  This Agreement is subject to the laws of the States of New York, NY, without reference to conflicts of law provisions. Disputes arising under or related to this shall be resolved exclusively by Arbitration, under the Rules of the American Arbitration Association ("AAA"). The arbitral tribunal shall be composed of one arbitrator. The arbitration will take place in New York, NY, USA, and the proceedings will be conducted in English. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing Party shall be entitled to any and all arbitration costs, including reasonable attorney’s fees, incurred in enforcing this Agreement, bringing a lawsuit for breach of this Agreement or defending a lawsuit arising out of this Agreement. This agreement to arbitrate shall survive any termination or expiration of the Agreement.

ii.  Section 7.1-7.3 “Right of Withdrawal” shall not apply.

iii.  References to “except as expressly provided in Section 7 “Right of Withdrawal” under Section 6.4 shall not apply.

iv.  Section 14.4 and 16.3 shall not apply.

v.  The Standard Form for Withdrawal under the Appendix as attached hereto shall not apply.

vi.  Section 14 shall be replaced by the following Section 14: Liability and Disclaimers

14.1 Entire Liability and Exclusive Remedy.  THIS SECTION OUTLINES THE COMPLETE EXTENT OF MKX’S LIABILITY AND CUSTOMER’S SOLE REMEDY CONCERNING ANY CLAIMS COVERED UNDER THIS SECTION.

14.2 Disclaimer of Warranties.  NEITHER MKX, THE THIRD PARTY PROVIDING THE PRODUCTS, NOR THEIR AFFILIATES AND AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY, OR COMPLETENESS OF THE PRODUCTS, THE WEBSITE OR CONTENT, FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, PRODUCTS, THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MKX DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

14.3 No Indirect Damages.  TO THE EXTENT ALLOWED BY LAW, NEITHER MKX, THE THIRD PARTY PROVIDING THE PRODUCTS, NOR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT, AND REGARDLESS OF THE THEORY OF LIABILITY

14.4 Limitation of Liability.  WITH THE EXCEPTION OF THE CUSTOMER’S LIABILITY FOR PAYMENT OF FEES, THE CUSTOMER’S LIABILITY ARISING FROM THEIR OBLIGATIONS UNDER THE 'INDEMNIFICATION' SECTION, AND THEIR LIABILITY FOR VIOLATION OF MKX INTELLECTUAL PROPERTY RIGHTS, IF, DESPITE THE OTHER TERMS OF THIS AGREEMENT, EITHER MKX, THE THIRD PARTY PROVIDING THE PRODUCTS OR THEIR AFFILIATES ARE FOUND TO HAVE ANY LIABILITY TO THE CUSTOMER OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE TOTAL LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.

14.5 Third-Party Products.  WE AND OUR AFFILIATES DISCLAIM ALL LIABILITY REGARDING THIRD-PARTY PRODUCTS THAT THE CUSTOMER USES. OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.

14.6 Agreement to Liability Limit.  THE CUSTOMER UNDERSTANDS AND AGREES THAT WITHOUT THE CUSTOMER’S ACCEPTANCE OF THIS LIMITATION OF LIABILITY, MKX WOULD NOT PROVIDE THE PRODUCT TO THE CUSTOMER.

C.  If the Customer Location is in the European Union, then the Customer is contracting with MKX Network B.V. with Address for Notices as follows: Piet Heinkade 55, 1019 GM, Amsterdam, the Netherlands.

The below provisions apply and are included as part of the Agreement. In the event of a conflict between the below provisions and the terms otherwise set forth in this Agreement, the below provisions will control.

i.  This Agreement is subject to the laws of the Netherlands, without reference to conflicts of law provisions. All disputes, claims, demands, counts, causes of action, or controversies arising in connection with the present Agreement, or further agreements resulting therefrom, shall be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The arbitral tribunal shall be composed of one arbitrator. The arbitration will take place in Amsterdam, the Netherlands, and the proceedings will be conducted in English. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing Party shall be entitled to any and all arbitration costs, including reasonable attorney’s fees, incurred in enforcing this Agreement, bringing a lawsuit for breach of this Agreement or defending a lawsuit arising out of this Agreement. This agreement to arbitrate shall survive any termination or expiration of the Agreement.

ii.  Subject to mandatory (consumer) law, this Agreement is subject to the laws of the Customer’s usual place of residence in the state, province, or country of their usual place of residence.

D.  If the Customer is located in a geographic region that does not fall into one of the countries described in B and C above, then the Customer is contracting with MKX Network USA LLC.

19.2  However, notwithstanding anything to the contrary, MKX retains the right to initiate legal proceedings, including equitable, injunctive relief, and to enforce an arbitration award in any court of competent jurisdiction.

19.3  The Parties agree to resolve any disputes on an individual basis and waive their rights to file or participate in class actions or seek relief on a class or representative basis.

20.1  The Website and these General Terms and Conditions may be available in other languages ("other language versions") for convenience only. However, these versions are not specifically intended to target citizens of particular countries using those languages. In case of any inconsistency between the other language versions and the English version of the Website or these Terms, the English version will take precedence.

Standard Form for Withdrawal

To: MKX Network B.V., Piet Heinkade 55, 1019 GM, in Amsterdam.
Email address: support@mkxnetwork.com
I hereby inform that I wish to revoke our agreement on the following order: 
Order number: 
Ordered/received on (dd-mm-yyyy): 
Fill in the date on which you received your order or the date of your order. 
First name and surname: 
Street name + house number:
ZIP code:
Place of domicile:
Email address:
Date:
 
Signature Name: 

Sign this form only if you will not send this form by e-mail or ordinary post.

Welcome to www.mkxnetwork.com. We at MKX (“we”, “us”, “our” or “MKX“) are delighted to offer you access to our website, including any subdomains, emails, mobile applications, or application programming interfaces (the 'Website'). Our goal is to provide you with information about our company, products, services, and opportunities.

Kindly read carefully to understand these terms.

Your access to and use of the Website are subject to the following terms of use (the “Terms of Use“). By visiting the Website and viewing its contents, you agree to these Terms of Use.

Please be aware that MKX may offer products and/or services to you under separate agreements, including the General Terms and Conditions detailed on the Website, and to specific portions or features of the Website, including promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. In the event of any inconsistency between the provisions of such separate agreements and these Terms of Use, the provisions of the separate agreements posted for or applicable to a specific portion of the Website or for any service and/or product offered on or through the Website shall prevail. We reserve the right to modify, update, or change these Terms of Use at any time without prior notice. Your continued use of the Website after any such changes signifies your acceptance of the revised Terms of Use.

While we have made every effort to provide accurate and up-to-date information on the Website, we cannot guarantee the completeness, accuracy, or currency of the content, products, and services offered on the Website. There may be occasional typographical errors, inaccuracies, or omissions in product descriptions, pricing, promotions, and availability, and we reserve the right to correct such errors without prior notice.

The information on the Website regarding products and services may become outdated, we do not undertake to update or clarify information on the Website unless required by law. Any reliance on the information provided on the Website is solely at your own risk.

We shall not be liable for any harm or damages, including but not limited to lost profits, business interruption, or computer viruses, resulting from access to or use of the Website and its contents. Additionally, we are not responsible for any Third-party websites, plug-ins and applications accessed through the Website.

We strive to keep the Website accessible at all times, but we cannot guarantee uninterrupted access. The Website may be temporarily or permanently taken offline without prior notice.

WE ARE NOT A CERTIFIED OR RECOGNIZED EDUCATIONAL INSTITUTE,  and the educational content offered through our Website should not be considered a substitute for formal education or professional training. We strongly recommend consulting with qualified professionals or experts in the relevant field before making any decisions based on the information provided by us. Furthermore, the views and opinions expressed by individuals in articles, publications, and during discussions do not necessarily reflect our views. We do not endorse or take responsibility for any third-party content linked or referenced from our platforms.

While we strive to accurately represent the services and products offered on the Website, we cannot guarantee any specific earnings or income results. Your individual outcomes may vary, and we make no assurance or promise regarding future earnings.

Any earnings or income statements provided are not indicative of typical results and should not be seen as guarantees. Every individual's situation is unique, and factors beyond our control, such as personal background, disposable income, motivation, and other variables, can influence results.

Prior success or past earnings are not necessarily indicative of future success. Engaging in an Internet marketing business and deriving income from it carries unknown risks and may not be suitable for everyone. There is a possibility of significant losses, including any money spent on purchasing MKX or third-party products, services, or opportunities, as well as expenses related to setup, operation, and marketing.

Please be aware that all our products and services are intended for educational and informational purposes only and should not be considered financial advice. WE ARE NOT LICENSED TO PROVIDE FINANCIAL ADVICE OR SERVICES. We encourage you to conduct your own due diligence and seek guidance from qualified professionals before making any decisions based on information presented on our Website.

Accessing or purchasing our products and services does not guarantee success. We are not responsible for any decisions you make concerning the information provided on the Website or any of the services and products offered. Your personal evaluation and the advice of qualified professionals should guide your decisions.

MKX is not a travel agency and uses online booking engines to enable the Customer to book hotel accommodations, transportation and other privileges, or services for the Customer’s benefit, operated by a variety of online travel service providers, affiliates and partners (“OTA’s”). It's important to note that MKX does not operate, control, or directly deliver the services provided by these independent OTA’s. MKX shall not be liable for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection there with. Travel to certain destinations may carry higher risks compared to others. Customers are strongly advised to review the latest travel advisories, warnings, and restrictions issued by relevant governments before making any travel bookings. Additionally, it is the passengers' responsibility to ascertain and acquire the necessary documentation for international travel. MKX does not assert or guarantee that such travel is entirely safe, advisable, or devoid of risks. MKX, along with our affiliates, partners, and all travel suppliers, disclaim liability for any damages or losses that may arise from travel to such destinations. Additional terms may come into effect when hotel accommodations are booked through the Website. For instance, hotels have their cancellation policies that are applicable to any reservations. Any supplementary terms imposed by a travel supplier can be found in the respective section of the Website where a booking is made. It is the Customer’s responsibility to ensure that their bookings comply with the terms and conditions set by any supplier the Customer choose to engage with, including the terms outlined in an air carrier's fare rules or contract of carriage.

This Website may include links to independent third-party websites ("Linked Sites") for the convenience of our visitors. These Linked Sites are not within our control, and we neither endorse nor assume responsibility for the content found on these Linked Sites, including any information or materials they may contain. Your use of Linked Sites is subject to your own discretion, and you should independently assess your interactions with these Linked Sites.

MKX reserves the right to terminate your access to the Website without prior notice if we determine a breach of these Terms of Use or any other agreements or guidelines linked to your utilization of the Website. You agree that such a breach would constitute an unlawful and unfair business practice and will cause irreparable harm to MKX for which monetary damages would be inadequate, and you consent to MKX seeking any injunctive or equitable relief necessary or appropriate, in addition to other available legal remedies.

Furthermore, MKX can terminate your access to the Website at its discretion for reasons including requests from law enforcement, your own request, changes to the Website, or technical issues. In the event of legal action due to your breach of these Terms of Use, you agree to cover MKX's reasonable legal fees and costs in addition to any other relief granted to MKX. MKX shall not be liable to you or any third party for such termination.

You shall indemnify and hold MKX, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, losses, liabilities, claims, or expenses (including attorneys’ fees) arising from or in connection with your use of the Website or any willful misconduct on your part that leads to claims by third parties against MKX.

Subject to applicable law, MKX will not be liable to you for any direct, indirect, consequential, exemplary, or incidental damages, including but not limited to lost profits or revenues, loss resulting from business interruption, or any other form of loss, even if MKX has been advised of the possibility of such damages.

In the event that, despite the other provisions of these Terms of Use, MKX is found liable to you for any damage or loss arising from your use of the Website or any information, content, materials, products (including software), or other services provided on or through any website, MKX's total liability shall not exceed an amount greater than the total amounts actually paid in cash by you to MKX for the one month preceding the first event or occurrence giving rise to such liability. The limitations and exclusions stated herein also apply if this remedy fails to fully compensate you for any losses or does not fulfill its essential purpose. Some jurisdictions do not permit limitations of liability, so the above limitation may not apply to you. If you are dissatisfied with any part of the Website or these Terms of Use, your sole and exclusive remedy is to stop using the Website.

Any claims under these Terms of Use must be initiated within one (1) year after the cause of action arises, or they will be considered barred. Claims made under separate terms and conditions for the purchase of goods and services are not subject to this time limitation. No compensation may be sought or awarded for damages other than out-of-pocket expenses, except that the prevailing party may be entitled to recover costs and attorneys' fees.

Additional terms and conditions may be applicable to certain purchases of goods, services or platforms, including any updates or upgrades to them, and specific features on the Website, including discounts, promotions or similar offers (“Products”). These additional terms are considered part of these Terms of Use. You may need to explicitly accept these additional terms and conditions before gaining access to or using a particular Product. You hereby confirm that you are of legal age to do so.

In case of any conflict between these Terms of Use and the terms posted or applicable to a specific portion of the Website or a particular Product offered on the Website, the latter terms shall take precedence concerning your use of that specific portion or Product. These Terms of Use shall not modify such additional terms and conditions.

MKX reserves the right to make changes to any products or services offered on the Website, including adjusting the prices, without prior notice.

If you purchase products or services from affiliated companies or other businesses through the Website, you must also comply with their respective terms and conditions. MKX does not assume responsibility for the actions, products, or content of these third parties. By accessing or using the products or services of affiliated companies through our Website, you agree to release MKX and its representatives from any liability for claims, costs, losses, or damages arising from or connected to such products or services accessed through our Website.

The contents of the Website, including all Products, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to MKX, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All rights are reserved.

The trademarks (logos and/or emblems) and other distinctive signs displayed on the Website are registered by MKX and/or its subsidiaries. The information on the Website does not grant any license or right to use these trademarks and/or logos. Any use of these trademarks and/or logos requires prior written permission from MKX and/or its subsidiaries. Any other trademarks not owned by MKX that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MKX. Any unauthorized use of these trademarks and/or logos is strictly prohibited.

You are permitted to utilize the Website, the Content and other materials you encounter on the Website, exclusively for your personal, non-commercial purposes. Additionally, you may use the Website to learn about MKX products and services. Your usage of the Website and its Content must be in strict accordance with these Terms of Use.

You are prohibited from using any automated methods or manual processes to access, copy, or monitor the Website's content or structure, with the intention of obtaining unauthorized materials.

Unauthorized access attempts to the Website or its associated systems, including hacking or password "mining," are strictly prohibited.
Any attempts to compromise the Website's security, scan networks, or trace other users' information are not allowed. You must not take actions that overload the Website's infrastructure or MKX's networks.
Interfering with the proper functioning of the Website or others' use of it, using deceptive identifiers, or engaging in any unlawful activities is against these Terms of Use. Any other activity that disrupts access to the Website, causes damage to the Website or its information, or harms other users of the Website is strictly prohibited.
Any unauthorized use of any Content or the Website may violate patent, copyright, trademark, and other laws. MKX retains the right to prohibit and take legal actions to enforce compliance with this Section. Such actions may include issuing cease-and-desist warnings, obtaining court orders or injunctions, seeking fines, damages relief, and other appropriate remedies as needed.

MKX cannot provide any guarantee or warranty that files available for download through the Website will be free from viruses or other harmful computer code, files, or programs. Users are advised to exercise caution and use reliable antivirus software when downloading files from the Website to protect their devices from potential risks.

To access certain features and services on the Website, you may be required to register for an account, which includes setting up a username and password. Additionally, you may need to have a valid payment method associated with your account. In the event of an issue with your selected payment method, MKX reserves the right to charge any other valid payment method linked to your account.

It is your sole responsibility to maintain the confidentiality of your account information, including your password. You are liable for all activities that occur under your account if you fail to keep this information secure. In case of any unauthorized use of your account, password, or any breach of security, you must inform MKX immediately.

You could be held responsible for any losses incurred by MKX or other users or visitors of the Website due to someone else using your account, username, or password because of your failure to maintain the security and confidentiality of your account information. MKX will not be held liable for any loss or damage resulting from your failure to comply with these obligations.

When you use the Website or communicate with MKX, your personal data will be processed in accordance with MKX's Privacy Policy and Cookie Policy. Please note that Internet transmissions are not entirely private or secure, and any messages or information you send to the Website may be read or intercepted by others, even if there is a notice of encryption for certain transmissions (e.g., credit card information).

All matters relating to access to or use of the Website, including any disputes, will be governed by the laws of the Netherlands, without consideration of its conflicts of laws principles. You agree to the personal jurisdiction and venue in Amsterdam, the Netherlands, and waive any objection to such jurisdiction or venue.

If you are a U.S. citizen; (ii) residing in the U.S.; (iii) accessing the Website from the U.S., except to the extent required by applicable law, you have the option to file a claim in the State of Georgia, the United States without consideration of its conflicts of laws principles. You agree to the personal jurisdiction and venue in the state and federal courts located in Fulton, Georgia, and waive any objection to such jurisdiction or venue.

You agree to resolve any disputes on an individual basis and waive their rights to file or participate in class actions or seek relief on a class or representative basis.

In the event of any controversy or dispute between you and us arising from or related to your use of the Website, both parties will make good-faith efforts to resolve the dispute promptly. If such resolution is not achieved within a reasonable timeframe, not exceeding thirty (30) days, either party may submit the dispute to mediation. Should mediation fail to resolve the dispute, both parties are free to pursue any legal rights or remedies available to them under applicable law.

If any court determines that specific provisions of these Terms of Use are not legally valid or unenforceable, those invalidated provisions will be deemed limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

MKX manages this Website from its head office in Amsterdam, the Netherlands. Although the Website is accessible globally, not all features, products, or services discussed, referenced, provided, or offered through the Website may be available to everyone or in all geographic locations, nor may they be suitable or accessible for use outside the Netherlands or the United States.

MKX retains the right, at its sole discretion, to restrict the availability and quantity of any feature, product, or service to any individual or geographic region. Any offer for a feature, product, or service on the Website is null and void where prohibited. If you opt to access the Website from a location outside the Netherlands or the United States, you do so voluntarily, and you are solely responsible for complying with the relevant local laws.

MKX offers access to international data, which means you might come across references or mentions of products, programs, and services that have not been announced in your country. These references do not indicate that MKX plans to announce these products, programs, or services in your country.

If you have any observations, comments, suggestions or complaints you should contact via:

MKX Network B.V.
Piet Heinkade 55
1019 GM, Amsterdam
The Netherlands
E-mail: support@mkxnetwork.com

MKX Network USA LLC
1100, 6365 Town Square Alpharetta
Georgia, 30005
United States of America

The MKX Network website contains advertisements for information, products, and services that are provided by MKX or by third parties. All information made available here is generally provided for advertising and marketing purposes only, without obligation and without specific recommendations for action.

We make no representations, or warranties about the suitability of information, products or services contained on these advertisements for any purpose. When you purchase a product or service, you will be taken to a third-party website, app or platform (“third-party website”) that is not controlled or managed by MKX Network. Therefore, you should read the Privacy Policy and Terms and Conditions of such third-party websites. We do not control such websites nor the practices of such third parties.

In this regard we also refer to our Website Terms of Use and our General Terms and Conditions.

You acknowledge that you are solely responsible for determining if the services and products offered by MKX Network meet your needs and agree to use the services and products at your own risk.

MKX Network offers educational services and products that include digital and online training content designed for the analysis, learning and discussion of general and generic information related to investments and strategies.

You understand and agree that MKX Network is not a broker-dealer or licensed to provide financial or investment advice or services. Any content provided by MKX Network, whether written or verbally, does not include guidance or recommendations to take, or not to take, any trades, investments or decisions in relation to any matter.

MKX Network may provide you with information and tools produced by third parties on an “as is” basis. Any instruments or tools mentioned are strictly intended for advertising and marketing purposes.

You accept and understand that taking any actions based on the information and/or tools provided by third parties may result in losses and or general reduction of value of your assets. MKX Network does not accept liability for any such losses resulting from actions taken by you based on information and or tools produced by third parties made available by MKX Network.

Such information and tools are not directed or intended for distribution to, or use by, any person or entity who is a citizen or resident of any geographic location, state, country where such distribution, publication, availability or use would be contrary to law, regulation or which would subject MKX Network to any registration or licensing requirements within such jurisdiction. The responsibility for trading and compliance with local laws and regulations rests entirely with you.

Trading Forex and Stocks are complex instruments and come with a high risk of losing money rapidly due to leverage. Between 74-89% of retail investor accounts lose money when trading Forex and Stocks. You should consider whether you understand how these instruments work and whether you can afford to take the high risk of losing your money.

Therefore, MKX Network strongly recommends that you seek professional, financial advice before making any decisions. You warrant that you have obtained your own independent professional and financial advice, separate from the use of the information and or tools produced by third parties provided by MKX Network, or have decided not to do so. You acknowledge that you are using such information or tools freely and voluntarily and will not rely on such information, products and or services as a substitute for specific financial or other advice. Past performance in the market is not indicative of future results. Any investment undertaken is done solely at your own risk, you assume full responsibility.

In view of the high risks, you should only carry out such transactions if you understand the nature of the transactions (and contractual relationships) you are entering into and if you are able to fully assess the extent of your risk potential.

Trading Forex and Stocks are complex instruments and come with a high risk of losing money rapidly due to leverage. Between 74-89% of retail investor accounts lose money when trading Forex and Stocks. You should consider whether you understand how these instruments work and whether you can afford to take the high risk of losing your money.

You should carefully consider whether trading is appropriate for you based on your experience, your objectives, your financial situation and other relevant circumstances.

Past performance gives no indication of future results.

We would like to draw you attention to specific risks associated with certain financial instruments below:

Forex trading on margin carries a high level of risk and may not be suitable for all investors. Past performance is not indicative of future results. The substantial leverage involved can work both in your favor and against you. Prior to investing in foreign exchange, it is essential to carefully evaluate your investment goals, experience, financial capacity, and risk tolerance. There is a possibility of partial or complete loss of your initial investment, so it is advisable not to invest any funds that you cannot afford to lose entirely in a worst-case scenario. Additionally, it is important to be well-informed about all the risks associated with foreign exchange trading and seek advice from an independent financial advisor if you have any doubts.

Leverage enables traders to control a significantly larger position with a relatively small amount of capital. This leverage can be advantageous, amplifying profits, but it also comes with the potential for substantial losses. The Forex market offers extensive leverage opportunities, but it equally exposes you to the risk of significant losses. Please trade with caution when you use leverage in trading or investing. Your risk extends beyond your initial investment and can quickly turn negative during significant market fluctuations, potentially requiring you to cover losses exceeding your initial investment.

Stock trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the stock markets. Don’t trade with money you cannot afford to lose. This website is neither a solicitation nor an offer to buy/sell stocks. No representation is being made that any account will or is likely to achieve profits or losses. The past performance of any trading system or methodology is not necessarily indicative of future results.

MKX Network is not an investment advisory service, nor a registered investment advisor or broker-dealer and does not purport to tell or suggest which securities customers should buy or sell for themselves. The analysts and employees or affiliates of MKX Network may hold positions in the stocks market, which may change at any time, none of this is an offer to buy or sell any security. You understand and acknowledge that there is a very high degree of risk involved in trading stocks. You should, therefore, carefully consider your circumstances and financial resources when deciding whether such forms of trading are suitable for you.

All the investment forms described here involve large financial risk. The past performance of a security, an industry, a sector, a market, a financial product, a trading strategy or the individual trade does not guarantee any future results or returns. As an investor, you yourself bear the full responsibility for your individual investment decisions. Such decisions should be based on an assessment of your financial situation, your investment objectives, your risk tolerance and your liquidity needs and should be discussed in advance with your personal financial advisor in case of doubt.

MKX Network does not guarantee any financial success merely upon access or purchase of the products and or services or related material(s).

MKX Network, the traders, the third party providing the tools, and all affiliates of MKX Network assume no responsibility or liability for any loss or damage, including, but not limited to, lost profits that may result directly or indirectly from the use or reliance on any information presented through websites, or any of the services and/or products presented on the website, written materials, analyses, prices or any other information, transmitted via any medium. You release and discharge MKX Network, its officers, employees, agents, and assigns from any liability arising from any advice provided.

MKX Network is not a certified or recognized educational institute, and the educational content offered through MKX Network’s platform should not be considered a substitute for formal education or professional training. MKX Network strongly recommends consulting with qualified professionals or experts in the relevant field before making any decisions based on the information provided by MKX Network. Furthermore, the views and opinions expressed by individuals in articles, publications, and during discussions do not necessarily reflect the views of MKX Network. MKX Network does not endorse or take responsibility for any third-party content linked or referenced from its platforms.

MKX Network is not a travel agency and uses online booking engines to enable the Customer to book hotel accommodations, transportation and other privileges, or services for the Customer’s benefit, operated by a variety of online travel service providers, affiliates and partners (“OTA’s”). It's important to note that MKX Network does not operate, control, or directly deliver the services provided by these independent OTA’s. MKX Network shall not be liable for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection there with. Travel to certain destinations may carry higher risks compared to others. Customers are strongly advised to review the latest travel advisories, warnings, and restrictions issued by relevant governments before making any travel bookings. Additionally, it is the passengers' responsibility to ascertain and acquire the necessary documentation for international travel. MKX Network does not assert or guarantee that such travel is entirely safe, advisable, or devoid of risks. MKX Network, along with our affiliates, partners, and all travel suppliers, disclaim liability for any damages or losses that may arise from travel to such destinations. Additional terms may come into effect when hotel accommodations are booked through the Website. For instance, hotels have their cancellation policies that are applicable to any reservations. Any supplementary terms imposed by a travel supplier can be found in the respective section of the Website where a booking is made. It is the Customer’s responsibility to ensure that their bookings comply with the terms and conditions set by any supplier the Customer choose to engage with, including the terms outlined in an air carrier's fare rules or contract of carriage.

1.1  These General Terms and Conditions for IBO’s outline the conditions for individuals who wish to become MKX IBO’s. By becoming an IBO, you gain the right to promote and sell MKX Products and Services and the MKX Opportunity. The Agreement includes the Application, these General Terms and Conditions for IBO’s, the Compensation Plan, the General Terms and Conditions, Terms of Use, the Privacy Policy and all current and future supplementary documents provided by MKX.

By accepting this Agreement, whether electronically, online, through clicking, or any other digital means, you enter into a legally binding agreement with MKX.

2.1  As used in this Agreement, the following terms shall have the meanings set forth below, unless the context requires otherwise:

"Application"The online registration form used to apply for IBO status.
"Compensation Plan"the current plan for commissions and bonuses through which an IBO is compensated by MKX for successfully promoting or selling MKX Products and Services.
"Customer"An individual who directly purchases MKX Products and Services from MKX or an IBO for personal use and not for the provision of advisory or trading services to others.
"Customer Contract"an agreement between (1) a Customer and (2) MKX or an MKX Business Associate, specifically for the purchase of MKX Products and Services. Agreements between an IBO and a Customer are not considered Customer Contracts within the scope of this Agreement.
"Distribution Network", "Activity" or "Position"your business activity and status as an IBO.
"Downline"an IBO's sales organization, which may include IBO’s directly sponsored by the IBO, as well as individuals sponsored by those IBO’s.
"Effective Date"the date on which an Application is accepted by MKX, and the IBO is notified of such acceptance, unless otherwise agreed upon in writing.
"Home Country"the country in which a Distribution Network is originally established and registered.
"IBO" or "IBO’s"an individual or business entity that enters into an Agreement with MKX to promote and sell MKX Products and Services, as well as the MKX Opportunity (also known as an Independent Business Owner or IBO). In this Agreement, the term "IBO" specifically refers to you, and you will be addressed as "you," "your," "an/the IBO," or simply "IBO" as necessary in the context. An individual will no longer be considered an IBO in the event of death, incapacitation, or bankruptcy, while an entity will cease to be an IBO upon liquidation or bankruptcy.
"Intellectual Property"any patents, copyrights, trademarks, service marks, service names, trade names, logos, brand marks, brand names, corporate names, Internet domain names, or industrial designs, including any registrations or pending applications thereof, as applicable. It also includes any other intellectual property rights owned or licensed for use with MKX Products and Services by MKX. This includes know-how, trade secrets, trade rights, formulas, conditional or proprietary reports or information, customer or membership lists, marketing data, business documentation, operational methods, processes and systems, computer programs, software, databases or data rights, and any licenses or contracts relating to the aforementioned, along with any associated goodwill.
"MKX"MKX Network B.V., a Dutch limited liability company responsible for promoting MKX Products and Services and the MKX Opportunity. MKX is located at Piet Heinkade 55, 1019 GM, Amsterdam, the Netherlands, with company registration number 63739224.
"MKX Business Fee"the required, yearly renewable payment that grants you the revocable, non-exclusive, and non-transferable right to promote and sell MKX Products and Services and to promote the MKX Opportunity in any country where MKX operates. The MKX Business Fee includes both the MKX Business Fee and the MKX Business Fee Pro.
"MKX Business Associates"a person or entity with whom MKX enters into a contract for the provision of MKX Products and Services, MKX Business Resources, or the MKX Opportunity. IBO’s are not considered MKX Business Associates
"MKX Opportunity"the business opportunity provided by MKX for promoting and selling MKX Products and Services, as well as the overall business opportunity offered by MKX.
"MKX Products and Services"the products and services that MKX offers to Customers through its own operations or through MKX Business Associates. However, these Products and Services specifically exclude certain offerings such as investment advisory services, customized commodity trading advice, currency execution or clearing services, or any other Service or Product that requires registration with a regulatory authority, including the Netherlands' Authority for Financial Markets (AFM).
"MKX Business Resources"the training and marketing materials that are created exclusively by MKX or MKX Business Associates for the purpose of supporting the business activities of IBO’s. These tools can be purchased or accessed by IBO’s through the MKX Back Office.

3.1   Upon completing the Application on the MKX website (https://mkxnetwork.com), another designated URL, software or app and agreeing to the current General Terms and Conditions for IBO’s, as well as making the payment of the MKX Business Fee, a Customer is eligible to submit an application for becoming an IBO, unless prohibited by law. On the Effective Date, the Customer will be granted access to the purchased MKX Products and Services, as well as the MKX Business Resources through the MKX Back Office. Customers shall not have any entitlement to make claims in the event of non-admission.

3.2  Once MKX accepts a Customer to become an IBO, the benefits outlined in the Agreement will be made available as long as the IBO remains in compliance with the terms of the Agreement. Compensation for IBO’s is based on their successful promotion and sale of MKX Products and Services to Customers, as outlined in these General Terms and Conditions and the Compensation Plan. The success of an IBO is determined by their individual efforts and abilities, and no promises or guarantees are made regarding earnings, profits, or overall business success.IT IS IMPORTANT TO NOTE THAT NO COMPENSATION IS EARNED FOR PROMOTING THE MKX OPPORTUNITY OR SPONSORING NEW IBO’S.Furthermore, a Customer who becomes an IBO solely through their own introduction to MKX Products and Services and MKX Business Resources shall not be eligible for compensation.

3.3  As an IBO, you will possess the non-exclusive and revocable right to promote MKX Products and Services, as well as the MKX Opportunity, which includes utilizing your personal referral link. This right extends to any country where MKX operates, and you also have the authority to sponsor individuals or legal entities into your Downline, subject to the terms of this Agreement and compliance with the applicable laws and regulations in the respective countries.

3.4  MKX retains the discretion to decline any Application or renewal without providing a specific reason. Applications that contain deliberately falsified information will be considered invalid by MKX.

4.1   The duration of this Agreement commences on the Effective Date and expires 12 months from the date the IBO paid the MKX Business Fee (referred to as the initial Term). Thereafter, the Agreement will be automatically extended with annual payment cycles, provided that MKX does not cancel it prior to the anniversary date of the initial Term or at any time during the extension, and as long as the IBO fulfills its obligations and requirements under this Agreement. In the event the IBO does not cancel their Distribution Network, they authorize MKX to charge the MKX Business Fee for the next billing cycle using the payment method associated with their account. The IBO also grants MKX permission to engage a third-party payment processor and consents to the disclosure of their payment information to such third party.

4.2   Notwithstanding the above, if MKX is unable to process the MKX Business Fee on the scheduled billing date using the IBO's designated payment method, and the IBO does not cancel their Distribution Network, a Grace period of 30 days will be granted for the IBO to make the payment. If the payment is made after the Grace period but before the next billing cycle, the IBO acknowledges and agrees that they will not be eligible to receive compensation or other benefits derived from the activities of their former Downline during the period from the start of the Grace period until the date of payment. After the Grace period, MKX may suspend access to the MKX Back Office until the payment for the current billing cycle is successfully received.

4.3   The IBO has the right to cancel their Distribution Network at any time. In such cases, the IBO will retain access to the MKX Back Office until the end of the current billing period. Payments made are non-refundable, and MKX does not provide refunds or credits for partial or remaining periods.

4.4   If the IBO decides to cancel their Distribution Network, they can do so by accessing the billing details information in their MKX Back Office account.

4.5   If the IBO cancels their Distribution Network or fails to make payment on the annual billing date, the Agreement will automatically terminate at the end of the current billing period (subject to any applicable Grace period). Upon termination, the IBO permanently loses all rights associated with being an IBO, including the right to promote MKX Products and Services and the MKX Opportunity, and the right to receive future compensation or other benefits derived from the activities of their former Downline.

5.1   The IBO acknowledges and agrees that by entering into this Agreement, they will gain immediate access to their digital rights and, as a result, their right of withdrawal under the European Distance Selling Directive will be waived. The IBO hereby irrevocably and expressly waives any such right.

5.2   If the IBO has made purchases of MKX Products and Services or MKX Business Resources as a Customer, those purchases will be governed by the applicable terms and conditions for such purchases.

5.3   As an IBO, you have the option to request a transfer of ownership of your Position to another individual who meets the qualifications to become an IBO and enters into an Agreement with MKX. Any such transfer is subject to MKX's Policies and Procedures and requires the consent of MKX, and it may be rejected without providing a reason.

6.1   The person submitting the Application confirms that they are authorized to enter into an Agreement with MKX and that they are at least 18 years of age (or the minimum age required in the IBO's Home Country if an individual) or properly registered and in good standing in each jurisdiction where they conduct business (if an entity).

6.2   If required by law, MKX shall conduct identity verification through "Know Your Customer" (KYC) procedures. Failure to pass the KYC procedure may result in the rejection of the Application. The documents submitted for company verification may include those issued by the applicable registrar reflecting the company's details and principals.

6.3   The IBO is acknowledged as a self-employed independent contractor. This Agreement does not establish a franchise, employer/employee relationship, partnership, joint venture, or legal representation of MKX.

6.4   The IBO is not authorized to bind MKX to any obligations, make representations or warranties, incur debts or liabilities, sign documents, collect funds, hold assets, or take actions that could impose obligations on MKX towards third parties.

6.5   The IBO, as an independent contractor, is responsible for payment of national insurance contributions, income taxes, VAT, and compliance with filing and reporting requirements as mandated by law. The IBO acknowledges that they are not entitled to employment protection under legislation and will not be treated as an employee for tax, legal, or other purposes. The IBO agrees to maintain sufficient insurance coverage, including public liability insurance.

6.6   IBO’s have the autonomy to determine their preferred means, methods, and approach to work, including their work schedule and location, within the boundaries and responsibilities outlined in this Agreement

6.7   Upon joining MKX, an IBO is authorized to engage in the promotion and sale of MKX Products and Services, as well as promote the MKX Opportunity and directly sponsor IBO’s in any country where MKX operates, on the condition that they adhere to the provisions of this Agreement and comply with all relevant local laws and regulations.

7.1   During the Initial Term and Renewal Term, the IBO's sole financial obligation to MKX is the payment of the MKX Business Fee.

7.2   The IBO is not obligated to purchase MKX Products and Services or MKX Business Resources or participate in the Compensation Plan. If the IBO chooses to purchase MKX Products and Services, they are subject to the terms and conditions of the relevant Customer Contract.

7.3   In the event of the IBO's failure to pay for MKX Products and Services, MKX may, in addition to any remedies stated in the Customer Contract, (a) offset the amounts owed from any remuneration due to the IBO under this Agreement, (b) impose reasonable penalties and statutory interest, and (c) initiate a compliance investigation under Section 24.

7.4   The IBO is responsible for paying all income taxes and other taxes charged on amounts earned under this Agreement.

7.6   The IBO operates their Distribution Network as a separate business and is responsible for all expenses, debts, and liabilities incurred. The IBO bears sole responsibility for all financial and other obligations related to their business, and MKX is not liable for payment or reimbursement of such costs. The IBO's compensation is based on the successful promotion and sale of MKX Products and Services and is not tied to the number of hours worked.

8.1   IBO’s are only allowed to use direct selling and relational marketing methods to promote MKX Products and Services and the MKX Opportunity, ensuring compliance with applicable local laws. They may utilize various marketing channels such as social media, blogs, forums, and chatrooms, as long as it is explicitly stated that these channels are not official MKX channels and are not sponsored by MKX or any of its affiliates. IBO’s must adhere to the highest ethical standards and comply with local, national, and international laws, regulations, and industry codes. Violations of the aforementioned provisions may carry severe consequences, including but not limited to substantial fines, confiscation of property, closure of business operations, and potential imprisonment as determined by local authorities.

8.2   IBO’s are expected to uphold the core values of MKX, act honestly and fairly, disclose their affiliation with MKX, and refrain from implying any exclusive territory rights. They should conduct their business activities professionally, avoid actions that harm MKX's reputation, provide clear and truthful information about MKX Products and Services and the MKX Opportunity, and refrain from using misleading or unfair sales practices. IBO’s must present the MKX Opportunity as an equal opportunity, irrespective of ethnicity, sexuality, gender, nationality, or religious or political beliefs. They should not associate MKX with any religious, spiritual, or political organizations, and must rely on official MKX materials or authorized claims. IBO’s are responsible for advising potential Customers and IBO’s of their right to withdraw from a Customer Contract or an Application and Agreement, maintaining communication with their downline, and complying with MKX's instructions and rules. They should not engage in spam email or other forms of internet abuse, adhere to competition and direct selling laws, avoid misrepresentation, and respect MKX's intellectual property rights. The aforementioned prohibition applies to both identical and similar signs and the use of the aforementioned character in subdomains or other subcategories of the URL. IBO’s are prohibited from rebranding, relabelling, or freely distributing MKX products or services. They should not organize promotional events without indicating that they are IBO-led events and not official MKX events. Reselling MKX gift codes at a discounted price is strictly prohibited. IBO’s must promptly report any breaches of this Agreement and ensure that prospective Customers and IBO’s have access to relevant terms and conditions before making any commitments. IBO’s should refrain from making unrealistic earnings promises, profits, or business success, and guarantee compliance. IBO’s will indemnify and hold MKX harmless from any liability resulting from their non-compliance with these provisions.

8.3   The IBO represents and warranties and agrees that all times this Agreement is in effect such IBO is duly registered as a commodity trading advisor with the Dutch Authority for the Financial Markets (AFM) or any similar local financial authority or not required to be so registered, holds all other registrations required to act as an IBO and to carry out its business and is in compliance with all exclusions and exceptions on which such IBO is relying not to register with one or more governmental authorities.

9.1   During maintenance or improvements of the MKX Back Office, certain functions may be temporarily unavailable. MKX will not be held liable for any unavailability caused by interruptions, failures, or technical issues.

9.2   MKX strives to continuously develop and enhance the available MKX Products and Services, MKX Business Resources, and the MKX Back Office. This may involve improvements, expansions, or minor modifications to individual applications and functions. This also includes the possibility of discontinuing certain functionalities or features. MKX may make changes to Products or Services as customary in the industry or as required by legal obligations.

9.3   Occasionally, MKX may invite selected IBO’s to try out exclusive products or features related to Products or Services , which may not be accessible to all IBO’s or the general public. These products or features may be designated as alpha, beta, preview, pilot, limited release, or similar terms ("Beta Services"). Beta Services are provided for evaluation or testing purposes, and therefore may contain bugs, errors, or be less reliable compared to other service features. MKX reserves the right to discontinue Beta Services at its sole discretion and may choose not to make them generally available. It should be noted that Beta Services are subject to the terms of this Agreement, including Section 19.

9.4   IBO’s are prohibited from circumventing, altering, deactivating, degrading, or bypassing any content protections within the MKX Back Office. They must not use automated means to access the MKX Back Office, decompile or reverse engineer any software or products accessible through MKX, manipulate MKX's content, or employ data mining or extraction methods. Additionally, IBO’s agree not to upload, post, email, or transmit any material intended to disrupt, damage, or limit the functionality of any computer software, hardware, or telecommunications equipment associated with MKX. This includes the transmission of software viruses or any other computer code, files, or programs.

9.5   IBO’s must not exploit any bugs, glitches, vulnerabilities, or unintended mechanics in the MKX webshop, Back Office, or any other aspect of MKX's operations to gain an unfair advantage or violate the terms and conditions of MKX, including but not limited to ranks, commissions, bonuses, or other aspects of the agreement

10.1   The MKX Intellectual Property, including trademarks and copyrighted materials, are protected by law and owned by MKX or its licensors.

10.2   During the Agreement Term, IBO’s are granted a revocable, non-exclusive, and nontransferable license to use MKX or its licensor's trademarks and copyrighted materials solely for the purpose of promoting and selling MKX Products and Services and the MKX Opportunity, as specified in the Agreement. This use must comply with local laws and regulations and be limited to the context of this Agreement. No other rights of use are granted.

10.3   IBO’s do not acquire any right, title, or interest in MKX or its licensor's Intellectual Property. IBO’s are prohibited from obtaining any rights through patents, trademarks, domain names, or copyrights related to MKX or its licensor's names, trademarks, logos, or trade names without MKX's authorization. Unauthorized use of trademarks not owned or licensed by MKX is strictly prohibited.

10.4   IBO’s acknowledge that any goodwill associated with MKX's trademarks and copyrighted materials, including goodwill resulting from their use, belongs exclusively to MKX. Upon expiration or termination of the Agreement, no monetary value will be attributed to the goodwill associated with IBO’s' use of the trademarks or copyrighted materials.

10.5   IBO’s may not modify or alter the Intellectual Property or any related materials without prior written approval from MKX. Unauthorized use of the Intellectual Property is a violation of the Agreement, and IBO’s are liable for any damages arising from misuse, unless specifically authorized in writing by MKX.

10.6   The right to use the Intellectual Property granted in this Section may be terminated by MKX at any time without notice, and such right to use will immediately cease upon notification of any breach. Termination of the Agreement automatically revokes the right to use the Intellectual Property, without prejudice to MKX's rights and remedies under the applicable law.

11.1   IBO’s are allowed to use their own printed and electronic materials to promote and sell MKX Products and Services, as well as train other IBO’s. These materials must include the MKX logo and the IBO's full name, along with a statement indicating they are an MKX IBO. However, these materials should not be presented as official MKX material. Promotions or statements that may not be appropriate or legal in certain countries must be removed upon request. The materials should also include a disclaimer stating that MKX's services are not investment or commodity trading advice and that MKX is not registered as a commodity trading advisor or investment adviser with the AFM.

11.2   Since MKX and its services are not regulated by any regulatory or self-regulatory authority, they cannot be advertised or marketed as regulated activities. All marketing efforts must comply with general advertising laws and regulations.

11.3   When renting a facility for a meeting or event, the fees charged to attending IBO’s and their guests should only cover the direct costs of the meeting or event and not aim to generate a profit for the IBO’s

11.4   IBO’s are prohibited from profiting from the sale or resale of marketing or training materials, whether produced by MKX or the IBO. However, they may charge an amount sufficient to cover their direct costs for producing such materials.

11.5   MKX may request records related to the IBO's direct costs or other matters, as described in this section or as required by law. The IBO must provide written evidence of these records within 14 days upon request.

12.1   The promotion and sale of MKX Products and Services and the MKX Opportunity are subject to government regulations from local, national, and international authorities. IBO’s must comply with all applicable laws and regulations when promoting and selling MKX Products and Services and the MKX Opportunity. This includes obtaining necessary permits, licenses, registrations, and authorizations in each country of operation, maintaining accurate records, and fulfilling tax and governmental fee obligations. Compliance with consumer protection, direct selling, distance selling, telecommunications, and data protection rules is also required.

13.1   Subject to compliance with this Agreement and applicable government regulations, IBO’s are compensated based on the current Compensation Plan for the successful sale of MKX Products and Services by themselves and their Downline. However,NO COMPENSATION IS EARNED FOR PROMOTING THE MKX OPPORTUNITY OR RECRUITING NEW IBO’S.IBO’s understand that their earnings and business success depend on their own efforts and abilities, and no specific earnings or profits are guaranteed.

13.2   To receive payment, an IBO must have an active Distribution Network. This requirement is a consideration of this Agreement.

13.3   MKX may withhold or suspend payment if an IBO breaches the Agreement or if the payment violates the law. MKX also has the right to deduct from the IBO's account or withhold payable Compensation.

14.1   Under the Compensation Plan, we may grant monetary awards to eligible IBO’s subject to specific terms and conditions. If an IBO fails to pay the Business Fee or if their Distribution Network is suspended or terminated, any uncollected or unrewarded awards become void. The IBO must collect the award within a designated timeframe, and failure to do so will result in the forfeiture of the award and no further claims will be entertained.

14.2   MKX may require the IBO to provide additional information or documentation to process the award. Upon successful verification of the award claim, the monetary award will be credited to the IBO account balance within a reasonable time frame.

14.3   The monetary award is non-transferable and cannot be exchanged for any other form of compensation. The award is granted solely as a recognition of the IBO's performance and does not create any contractual or employment relationship between MKX and the IBO. The awarded IBO is solely responsible for any taxes, duties, or other levies applicable to the monetary award under the laws and regulations of their respective jurisdiction.

14.4   MKX reserves the right to modify, suspend, or terminate the monetary awards program at any time without prior notice.

15.1   Compensation will be tracked in your MKX Back Office dashboard and paid to your designated bank account.

15.2   All IBO earnings that have not been claimed or accessed within a period of two (2) years from the date of accrual may expire at MKX’s discretion. Expired earnings will no longer be available for withdrawal or transfer. It is the responsibility of each IBO to ensure they regularly access, spend or withdraw their earned commissions and bonuses to avoid expiration. Unclaimed earnings do not accrue interest.

15.3   If an IBO has legitimate reasons for not accessing their earnings within the specified two-year period, they may submit a request for an exception. Such requests will be reviewed on a case-by-case basis. Valid reasons for exceptions may include but are not limited to health issues, personal emergencies, or other unforeseen circumstances that prevented the IBO from accessing their earnings. To request an exception, the IBO may be requested to provide appropriate documentation or evidence to support their claim. MKX is committed to treating each case with fairness and compassion. IBOs can contact MKX’s support team to initiate the exception request process.

15.4   You authorize MKX to issue receipts or invoices on your behalf.

15.5   Invoices will be issued electronically along with the payment after each reporting period.

15.6   The delivery of the invoice constitutes acceptance, and IBO’s are responsible for applicable taxes and duties. MKX may withhold a percentage of IBO income for tax purposes. IBO’s must disclose their income and pay the required taxes.

15.7   If VAT registered, MKX will include VAT at the prevailing rate unless the IBO provides a valid VAT certificate indicating a reduced rate or exemption.

15.8   IBO’s cannot issue invoices for amounts for which MKX is authorized to issue selfbilled invoices.

15.9   MKX will issue sequentially numbered invoices and may apply a processing fee for payments to the IBO.

15.10   IBO’s must not modify or delete invoices and should protect their login details. Any changes in name, address, or VAT registration must be promptly reported to MKX. Failure to inform MKX of VAT registration may result in no financial responsibility for previously issued invoices.

15.11   MKX may offset payments due under this Agreement against any debts owed by the IBO.

15.12   MKX reserves the right to reduce, withhold, or recover payments in the event of an identified error, regardless of its source.

16.1   When an IBO has a grievance or complaint with another IBO, they should try to resolve it amicably. If the complaint involves a violation of the Agreement, the IBO should report it in writing to the MKX Compliance Department. The IBO will provide details of the incident and any supporting documentation. Anonymous complaints are accepted, but credible evidence is required for corrective action. MKX may inform the upline leaders of any actions taken. Complaints regarding MKX Products and Services or the MKX Opportunity should be promptly forwarded to MKX. MKX has the discretion to choose the appropriate remedies, including suspension and termination, to protect its interests.

17.1   MKX has the right to terminate this Agreement by providing 14 days' written notice to the IBO, or immediately if the IBO violates any provisions of the Agreement. The termination notice will be delivered to the IBO via email or in the IBO’s MKX Back Office account. MKX also reserves the right to terminate all Agreements with 30 days' notice in the event that MKX decides to cease its business operations, dissolve as a business entity, or discontinue the distribution of its Products and Services. Either the IBO or MKX may terminate the Agreement immediately upon notice to the other upon the bankruptcy of the other or upon notice from a regulatory authority or a reasonable belief that this Agreement violates applicable law.

18.1   Upon termination of the Agreement, the terminated IBO is required to take the following actions:

(a)   Remove and cease using any trademarks, service marks, trade names, signs, labels, stationery, or advertising related to MKX Products and Services or the MKX Opportunity;

(b)   Stop representing themselves as an IBO of MKX;

(c)   Forfeit all rights to their Distribution Network, position in the Compensation Plan, and any future Compensation and earnings;

(d)   Comply with MKX's requests regarding the return of materials and protection of confidential information and intellectual property;

(e)   Be prohibited from submitting a new Application and Agreement in the future. MKX may offset any amounts owed by the terminated IBO.

18.2   If a terminated IBO wishes to appeal the termination based on violation of the Agreement, they must submit a letter of appeal to MKX's Compliance Department within ten (10) business days of receiving the termination notice. MKX will review the appeal and communicate its decision, which will be final and not subject to further review. If no appeal is received by the deadline, the termination will remain in effect. All of MKX's Intellectual Property remains the property of MKX, and upon termination, the IBO must return all related items within five (5) days and not retain any copies of confidential items or information.

18.3   In the event of MKX’s termination due to business cessation or dissolvement, the IBO’s earned commissions must be withdrawn within thirty (30) days from the termination notice date. Any commissions not withdrawn within these 30 days period will be forfeited, and no further payouts will be made. The IBO is responsible for ensuring their contact and payment information is up to date to facilitate a smooth withdrawal process. MKX is not liable for delays caused by inaccurate information.

19.1   Upon termination of the Agreement, an IBO is released from all obligations, except for:

(a)   Liabilities relating to payments made to the IBO;

(b)   Amounts owed for MKX Products and Services or MKX Business Resources;

(c)   Provisions of Sections 8-11, 21-22, and this Section 19.

An IBO agrees not to challenge the amount or validity of any settlement agreement or payment arising from this Agreement following termination.

19.2   MKX and its affiliates, officers, directors, employees, and other IBO’s shall not be liable for any direct, indirect, consequential, special, multiple, or exemplary damages suffered by IBO’s or any other person. IBO releases MKX from any such claims and waives any claim for such damages, with the maximum liability of MKX limited to the amount in fees already paid by the IBO to MKX in the twelve-month period preceding the event giving rise to a claim.

19.3   The liability limitations in this Section are acknowledged and reflected in the consideration provided under the Agreement and in the decision of the IBO to enter into the Agreement. IBO agrees that it shall have no claim against MKX or any MKX Business Associates for various scenarios outlined in this Section 19.3, including but not limited to discontinuance or modification of MKX Products or Services , modifications to the terms and conditions of the MKX Opportunity or the Agreement, the Compensation Plan, refusal or inability to provide MKX Products and Services to a Customer, termination of the relationship between a Customer and MKX or a MKX Business Associates, removal of a Customer from the IBO's account, and changes to an IBO's remuneration or position in the Compensation Plan.

19.4   Each IBO agrees to indemnify and hold MKX, its shareholders, officers, directors, employees, agents, successors in interest, and MKX Business Associates harmless from any demand, liabilities, damages, losses, claims, costs, or expenses including, but not limited to, reasonable court costs and attorneys’ fees, asserted against or suffered or incurred by any of them, directly or indirectly, arising of or in any way related to or connected with allegedly or otherwise, from the IBO's acts or omissions in violation of the Agreement, activities as an IBO and/or violation of or failure to comply with any applicable laws or regulations. MKX may recover such liabilities or costs by offsetting them from any earned Compensation due to the IBO or through other available legal means.

19.5   Any action against MKX relating to or arising from the Agreement must be brought within one (1) year from the date of the alleged conduct. Failure to do so within the specified time will bar all claims against MKX. The IBO agrees to bring such actions through arbitration as described in Section 35 of the Agreement.

20.1   MKX shall not be held liable for any failure or delay in fulfilling its obligations under this Agreement if such failure or delay is caused by circumstances beyond MKX's control. These circumstances may include acts of God, accidents, riots, war, terrorist acts, epidemics, pandemics, quarantines, civil commotions, power failures, malfunctions or maintenance of internet, computer network, or telecommunications facilities, breakdown of web hosts, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, labour difficulties, fires, explosions, or a generalized lack of availability of raw materials or energy. In such cases, MKX's performance of its obligations under the Agreement will be suspended until the circumstances causing the failure or delay are resolved.

21.1   An IBO is allowed to participate in other network marketing or direct selling business ventures, but during the Term of this Agreement and for 90 days following termination, the IBO is prohibited from:

(a)   Soliciting, recruiting, or enticing other MKX IBO’s or Customers to join another network marketing business or opportunity that may alter their business relationship with MKX.

(b)   Making negative or harmful comments about MKX or its partnering companies, brands, logos, or trademarks.

(c)   Attempting to recruit active MKX IBO’s into their own organization (crossline recruiting).

(d)   Taking actions to transfer a Customer to a provider of comparable services or products or induce a Customer to transfer.

(e)   Entering into an employment, marketing, or contractual relationship with an MKX Business Associates.

(f)   Using false identities or circumventing the Agreement.

Violation of this Section may result in compliance action under Section 24, suspension or termination of the Agreement, forfeiture of the IBO’s rights, and legal action by MKX. The IBO is also prohibited from selling or attempting to sell competing programs, products, or services to MKX Customers or IBO’s during the Term of the Agreement.

21.2  Both MKX and IBO’s recognize that network marketing operates internationally and primarily through online and telephonic means. An effort to narrowly limit the geographic scope of the non-solicitation provisions herein would render it wholly ineffective. Therefore, the non-solicitation provisions of this Section 20 apply to all markets where MKX conducts business, whether through direct selling, e-commerce, or other methods. This Section 21 remains in effect even after the termination or expiration of the Agreement.

21.3  Every IBO has a duty to promptly notify MKX if they have knowledge or reasonable grounds to suspect that another IBO has breached these provisions

21.4  If an IBO breaches these provisions, MKX may take actions described in Section 24, including terminating the Distribution Network of the offending IBO. MKX may also impose monetary fines at its discretion, but it is not obligated to do so. IBO’s waive any claims related to the termination of their Distribution Networks.

21.5  MKX may impose monetary fines for breaches of the Agreement when deemed appropriate and at its sole discretion.

21.6  If an IBO participates in another Network Marketing business, they agree to keep their MKX Distribution Network separate. This means they must not display non-MKX products alongside MKX products, offer non-MKX programs or services in conjunction with the MKX Opportunity, or make references to non-MKX opportunities at MKX-related events.

21.7  During the Agreement term, IBO’s are prohibited from selling or attempting to sell any programs, products, or services that compete with MKX's Products and Services to MKX Customers or IBO’s. This applies even if there are differences in cost, quality, or other factors.

22.1   The IBO acknowledges that it may have access to confidential information and materials belonging to MKX, including but not limited to business plans, customer data, information on the IBO’s Downline, compensation plans, technology, and other financial and business information. Such information (whether in electronic, oral, or written form) is of substantial value to MKX and must be kept strictly confidential.

22.2   The IBO recognizes that MKX has invested significant time, effort, and resources in developing and maintaining this information, which constitutes trade secrets and valuable commercially advantageous proprietary assets of MKX.

22.3   The IBO agrees not to use or disclose any confidential information or intellectual property of MKX to third parties. The information should only be used for promoting the IBO's Distribution Network and not for competing with MKX, recruiting or soliciting other IBO’s or otherwise attempt to influence or induce any IBO to alter his or her business relationship with MKX. Unauthorized use or disclosure of confidential information is a breach of this Agreement and may cause irreparable harm to MKX.

22.4   If the IBO breaches the confidentiality provisions, MKX may terminate the Distribution Network and seek injunctive relief to protect its interests. MKX also reserves the right to pursue any other legal remedies available. Any failure to pursue such remedies will not constitute a waiver of those rights.

22.5   This Section remains in effect even after the termination or expiration of this Agreement.

23.1   MKX collects, processes, and maintains personal data of IBO’s in accordance with the GDPR and its Privacy Policy. The data is used for various purposes related to the Agreement, including compensation calculation, provision of services, communication, and legal compliance. Personal data may be shared with other entities including affiliates, business partners, and recipients in non-adequate countries, with appropriate safeguards in place. Failure to provide requested data may result in rejection of the application or termination of the Agreement

23.2   MKX agrees to process personal data lawfully, ensure its accuracy and security, and use it only for the specified purposes. IBO’s have rights to access, correct, or delete their personal data, which can be exercised by contacting MKX IBO services.

23.3   With the IBO's consent, MKX may use personal data for commercial and marketing communications, research, and opinion polls. The data may be shared with third parties for these purposes, and the IBO can withdraw consent at any time.

23.4   IBO’s must treat personal data of Customers and other IBO’s as confidential and comply with privacy and data security laws. They are responsible for safeguarding and protecting private information, adopting appropriate security measures, and securely disposing of records containing personal data after use.

24.1   Violations of the Agreement, including the Policies and Procedures, may result in legal action and compliance proceedings initiated by MKX. The process for handling compliance proceedings and appeals is outlined in the Agreement, and IBO’s agree to waive their right to seek relief from external adjudicative bodies. IBO’s Distribution Network may be suspended while a compliance investigation is ongoing.

24.2   Misuse or non-compliance with the Agreement may lead to immediate suspension, deactivation, or blocking of an IBO's account. IBO’s have the right to object within 14 days and provide evidence of compliance. If the breach is confirmed, MKX may suspend, deactivate, or terminate the IBO's account

24.3   Suspension is typically imposed during a compliance investigation, and the IBO will be notified via email. During suspension, the IBO must cease representing themselves as an IBO of MKX.

24.4   The duration and conditions of the suspension will depend on the investigation. Suspension may or may not result in termination, and the IBO's financial settings in the Back Office may be put on hold.

24.5   Compensation may be temporarily withheld during suspension. If the breach is unverified, the suspension will be lifted, and unpaid earnings will be credited to the IBO. However, if the breach is confirmed, MKX may withhold earnings to offset damages caused by the non-compliance, without the need to demonstrate actual damages. This means that MKX can withhold or deduct funds from the IBO's compensation or earnings to cover the damages caused by the breach, even if the specific amount of the damages is not proven.

24.6   During suspension, the suspended IBO may be prohibited from purchasing MKX Products and Services.

24.7   If an IBO breaches the Agreement or their account is terminated, they forfeit the right to receive Compensation. MKX may discontinue payment without recourse. This remedy is in addition to any other legal remedies available to MKX for the breach.

25.1   If an IBO passes away or becomes incapacitated, the rights to their Distribution Network can be transferred to a designated successor.

25.2   To assign a designated successor, MKX requires a notarized document from the current IBO, stating the full name, address, date of birth, and nationality of the designated successor.

25.3   In the case of death, MKX requires an official notification of the death, such as a legal document.

25.4   The successor will need to sign a new IBO's Agreement and agree to the Terms and Conditions in writing. If the successor is under 18 years old, a trustee may operate the Distribution Network with written consent from MKX until the successor reaches 18 years of age.

25.5   If the transfer is temporary due to incapacity, the responsibility for the Distribution Network will be returned to the IBO once MKX is notified that the incapacity has ended.

25.6   If an IBO dies or becomes incapacitated without designating a successor, the Distribution Network will be put on hold until MKX receives a court order or other notice regarding the disposition of the Distribution Network.

26.1   If a former IBO cancels, does not renew, or has their Distribution Network terminated, they may re-join MKX within 6 months, but only with the approval of MKX and under the same Sponsor or, if the original Sponsor is no longer an IBO, the first active Upline IBO.

26.2   If a former IBO re-joins MKX after 6 months from the cancellation of their Distribution Network, they may do so with the approval of MKX under the same Sponsor or any other Sponsor of their choice.

27.1   This Agreement, as it currently exists and as amended by MKX at its discretion, represents the complete and exclusive agreement between the IBO and MKX. Any amendments or supplements to the Agreement must be documented in writing to be considered valid and enforceable.

28.1   This Agreement and any related documents are subject to modification by MKX at any time without prior notice. The IBO will be notified of any amendments to this Agreement either by email or through a prompt for signature in the MKX Back Office upon logging in. The amended Agreement will be available for viewing on MKX's website and the MKX Back Office. If the IBO disagrees with the amendments or any terms in the Agreement, they have the option to reject the amendments by providing written notice to MKX within 30 days of the change. Failure to reject within this period will be considered acceptance of the amended terms. Similarly, the IBO may choose not to accept the prompt for signature in the MKX Back Office. In case of any conflict between the Agreement and an amendment, the amendment will prevail. It is important to refer to the most current version of MKX's price lists, Compensation Plan, website, and other information provided to IBO’s

29.1   By entering into this Agreement, you acknowledge and consent to receiving communications from MKX in an electronic form. These communications may be sent to the email address you provided or through the MKX Back Office. You agree that any General Terms and Conditions, agreements, notices, disclosures, and other communications provided to you electronically by MKX satisfy all legal requirements as if they were in paper form.

29.2   Please note that communications sent via email or MKX's Support messaging system do not constitute legal notice to MKX, its officers, employees, agents, or representatives. If you need to provide legal notice to MKX as required by contract or applicable law, it must be done in writing and served to MKX's legal department.

30.1   This Agreement is binding on and benefits the heirs, successors, and assignees of both MKX and the IBO. The IBO is not allowed to assign or transfer the rights or obligations of this Agreement or their IBO position without prior written consent from MKX. Any attempt to do so without consent may result in the Agreement being voidable at MKX's discretion and could lead to termination. This provision does not prevent MKX from merging with another corporation, selling its properties or assets, or assigning this Agreement to a successor or affiliated company or otherwise.

31.1   If any provision of the Agreement or any specification, standard, or operating procedure prescribed by MKX is found to be invalid or unenforceable under applicable law, the IBO and MKX will still be bound by the remaining valid parts. MKX has the right to replace the invalid or non-binding provision with valid and binding provisions that achieve a similar effect to the extent possible, given the purpose and content of this Agreement.

32.1   IBO’s are required to obtain prior written approval from MKX before communicating with any print, radio, television, Internet, or other media outlet regarding MKX or any MKX Business Associates.

33.1   The failure of MKX or IBO’s to enforce any provision of this Agreement, require strict compliance with any obligation, or any custom or practice inconsistent with this Agreement, shall not waive the right of MKX to enforce the Agreement or seek remedies for any breach. Any waiver by MKX must be in writing and authorized by an officer of MKX. MKX's waiver of a particular default by an IBO does not affect its rights or obligations regarding other IBO’s, nor does any delay or omission to exercise a right related to a default affect MKX’s rights for that or any subsequent default.

34.1   All provisions of the Agreement that are explicitly intended to survive termination or expiration of the Agreement, such as the arbitration, non-competition, nonsolicitation, trade secrets, and confidential information covenants, shall remain in full force and effect.

35.1   The Agreement is governed by the laws of the Netherlands without regard to choice or conflicts of law principles.

35.2   Disputes involving an IBO residing in the Netherlands shall be exclusively resolved by the courts of Amsterdam.

35.3   For IBO’s residing in countries outside the Netherlands, all disputes, claims, demands, counts, causes of action, or controversies arising in connection with the present Agreement, or further agreements resulting therefrom, shall be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The arbitral tribunal shall be composed of one arbitrator. The arbitration will take place in Amsterdam, the Netherlands, and the proceedings will be conducted in English. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing Party shall be entitled to any and all arbitration costs, including reasonable attorney’s fees, incurred in enforcing this Agreement, bringing a lawsuit for breach of this Agreement or defending a lawsuit arising out of this Agreement. This agreement to arbitrate shall survive any termination or expiration of the Agreement.

35.4   If (i) the IBO is a citizen of a country within the European Union, the United Kingdom, Switzerland, Norway or Iceland, (ii) the IBO resides in the European Union, the United Kingdom, Switzerland, Norway or Iceland, (iii) the IBO is accessing the Back Office from the European Union, the United Kingdom, Switzerland, Norway or Iceland, except to the extent required by applicable law, this Agreement shall be governed by the laws of the IBO’s usual place of residence. The IBO hereby irrevocably submit to the jurisdiction of the courts located in the state, province, or country of their usual place of residence.

35.5   However notwithstanding anything to the contrary, MKX retains the right to initiate legal proceedings, including equitable, injunctive relief, and to enforce an arbitration award in any court of competent jurisdiction.

35.5   The Parties agree to resolve any disputes on an individual basis and waive their rights to file or participate in class actions or seek relief on a class or representative basis.

36.1   In the event of any inconsistency or discrepancy between the different language versions of this Agreement, the English version shall prevail and be considered the authoritative text for interpretation and enforcement.

This Privacy Policy governs how MKX Network B.V. ("MKX," "we," "us," or "our") collects, uses, shares, and protects personal information, as well as your choices regarding its use, access, and correction. We handle personal data in compliance with the General Data Protection Regulation (GDPR), also known as Algemene Verordening Gegevensbescherming in Dutch. Please note that we may update this policy occasionally by posting a new version on our website.

MKX Network B.V.
Piet Heinkade 55
1019 GM, Amsterdam
The Netherlands
Registered at the Trade Register of the Chamber of Commerce: 90979621
If you have any questions about the use, collection, or processing of your personal information, or if you wish to exercise your rights, please contact us at privacy@mkxnetwork.com.

During the order or registration process, we collect the following information directly from you:

- Your username, password, and email address when you register for an MKX account.
- Your first and last name.
- Country of residence.
- Date of Birth.
- Financial data, including credit card or bank details.
- Profile information provided for your user profile, such as your phone number.
- Personal details you provide when corresponding with us via phone, email, or other communication methods, or when interacting with our website.

If you register as an Independent Business Owner (“IBO”), we will also process the following additional personal data:

- Full Name
- Address
- Telephone number
- Country of residence
- IP address
- One or more of the following: cryptocurrency wallet addresses, company registration number (if applicable), personal identity card number, tax identity number, a scanned copy of your passport, driver's license, or personal identity card.

We use the information you provide us for the following purposes:

• Execution of our agreement with you:
- Communication with you via email, phone, or other methods.
- Provision of our services and products.
- Calculation and traceability of your compensation.
- Processing compensation payments, bills, and payment-related documents.
- Credit control.
- Account creation and maintenance.
- Processing and fulfilment of orders.

• Account Registration and Support
To use our services or place an order for our products, we require you to register a personal account. During the registration process, we collect and process your username, password, and email address to create and maintain your account. This information is stored securely to allow you easy access to your account in the future. You have the flexibility to modify your account details as needed.

For your convenience, we may use your provided email address to assist with supportrelated matters. For instance, if you wish to reset your password, we will send you an email containing the necessary instructions. Please remember that when you access specific parts of our Website with a password, you bear the responsibility for keeping your password confidential. As a precaution, kindly refrain from sharing your password with others to ensure the security of your account.

• Web office and Marketing Tools
As an IBO, you will have access to the MKX web office, which provides a comprehensive overview of your services, products, and commission claims. Within the web office, you can view the following data: your profile information, including your first name, last name, address, email, phone number, language, date of birth, bitcoin wallet address, passwords, transactions, subscription packages, downloads, promotions, and ordered tickets. Additionally, you can review details about the order date and payment status.

In the web office, you can also access a team overview, where you will find information about the IBO’s you have acquired in your downline. This data includes their username, place of residence and country, number of IBO’s they've recruited, volume points accumulated by their team members, merchants, career progression rank, and the IBO's position.

Please be assured that this information is solely used for the calculation and traceability of your commission claims, ensuring transparency and accuracy in your earnings.

Furthermore, we may offer you the option to use marketing tools, such as TribeBase, which can help you gain insights into your leads and target them effectively. It's essential to note that this Privacy Policy does not apply to the data we process on behalf of an IBO in our capacity as a processor. Instead, your usage of our marketing tools as an IBO will be governed by a separate Data Processing Agreement. If you use our marketing tools as a contact of an IBO, including any associated mobile applications (Mobile Apps), the applicable Privacy Policy of that marketing tool will cover your data usage.

Credit and Debit Card Storage
Credit and debit card information collected at registration or for product orders is used only to process payment for the transaction and, generally, is not retained on our Site. However, you may voluntarily elect to securely store multiple credit cards to be used for payment for product orders and/or payment of registration and registration renewal fees.

• Processing payment
For processing payment, you may need to provide financial information such as credit card numbers, expiration dates, and security codes. No usable credit card information is stored on our site or at our facilities nor can our employees access this information. This information is securely sent directly to a third-party payment processor.

All payment transactions in US Dollars are securely processed through Authorize.net, a trusted payment gateway with a track record dating back to 1996. Authorize.net ensures the safe and reliable acceptance of credit cards and electronic check payments for our customers/IBOs.

Authorize.Net's Payment Gateway manages the secure transfer of sensitive customer data during electronic check and credit card processing. Their services adhere to stringent industry standards, including: - Utilization of 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions.
- Implementation of cutting-edge encryption hardware and software techniques, along with robust security protocols to safeguard customer information.
- Full compliance with the Payment Card Industry Data Security Standard (PCI DSS).

For more details on the privacy of your cardholder data, please refer to Authorize.Net's Privacy Policy

All payment transactions in Euro are securely processed through Stripe Payments Europe, Ltd,1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found in Stripe’s Privacy Policy at the following link: https://stripe.com/nl/privacy. Please refer to Stripe's privacy policy for information about how they handle your data.

Wallet Address Information
We may ask you to provide your unencrypted wallet public key to facilitate cryptocurrency payments. Please note that we never collect your unencrypted private key under any circumstances.

If you are an IBO, we utilize PayQuicker as an E-Wallet to manage your available funds, which primarily consist of earned commission pay-outs. To access PayQuicker's Privacy Policy and learn more about their data handling practices, please refer to their dedicated policy page.

• Marketing Communications
We may use your information to contact you with newsletters, marketing or promotional materials, personalized advertisements, and other information that we believe may be of interest to you. These communications may be delivered through various channels, such as email, postal mail, mobile push notifications, or social media platforms like Telegram, Messenger or WhatsApp.

However, please note that we will only send you direct marketing messages with personalized advertisements and special offers if you have explicitly given your consent for us to do so. You have the right to withdraw your consent at any time. If you wish to unsubscribe from our advertisements, offers, or emails, you can easily do so by clicking on the unsubscribe link provided in the email. For mobile push notifications, you can manage your settings on your smartphone to unsubscribe from receiving them.

If you receive personalized advertisements and offers through social media channels, you can visit the website of your social network provider for more information on how to unsubscribe from receiving such content. Additionally, you are welcome to contact us directly if you wish to unsubscribe from receiving any marketing messages, including advertisements and offers.

We respect your preferences, and your consent is fundamental to our marketing efforts. Therefore, we strive to provide you with easy and convenient ways to manage your communication preferences with us.

• CDN
We utilize the services of Cloudflare Inc., located at 101 Townsend St., San Francisco, CA 94107, USA (referred to as "Cloudflare") as our Content Delivery Network (CDN) to enhance the delivery of content from our online platform, including files such as graphics and scripts. The purpose of a CDN is to provide faster access to content by using a network of regionally or internationally distributed servers.

When you access our website, your browser connects to Cloudflare's servers, transmitting your IP address and, if applicable, browser data such as your user agent. This data is processed exclusively for the purposes of improving the security and functionality of Cloudflare and analyzing data transactions between your browser and our website. Cloudflare may use cookies or other technologies to recognize Internet users, but these are used solely for the aforementioned purposes.

We have a legitimate interest in using Cloudflare to ensure that our website operates securely and efficiently (in accordance with Article 6, Section 1, lit. f of the General Data Protection Regulation - GDPR). To protect your data when it is transmitted to the US, we rely on the Standard Contractual Clauses (SCC) of the European Commission.

For more details about Cloudflare's security measures and data privacy policies, please visit their privacy policy page at www.cloudflare.com/privacypolicy/. Additionally, information regarding the data transmission to the US can be found in the SCC document available at www.cloudflare.com/media/pdf/cloudflare-customer-dpa.pdf.

• Google Analytics, Google Tag Manager and Google Fonts
Google Analytics (GA) is used on our website to track user interactions, helping us understand the number of people using our site and how they navigate our web pages. GA collects data such as geographical location, device type, internet browser, and operating system. However, this information does not personally identify you to us. GA also records your computer's IP address, which could potentially identify you, but Google does not grant us access to this information. We consider Google to be a third-party data processor.

To manage JavaScript and HTML tags on our site, we use Google Tag Manager (GTM), also operated by Google. GTM facilitates tracking user behaviour and sends the data to our Google Analytics account. GTM itself does not register personal data, but it helps us manage and integrate other tags that may collect data under certain circumstances. If you deactivate recording on the domain or cookie level, this setting remains in place for all tracking tags implemented through GTM.

As for Google Fonts, which provides over 800 fonts, we use them on our website through Google Inc. However, to prevent any data transfer to Google servers, we have integrated Google fonts locally on our web server. This means that no data is sent to or stored on Google's servers.

For more information about Google's privacy practices and terms of use, you can visit the following links: - Google Analytics: https://policies.google.com/privacy?hl=en
- Google Tag Manager: https://www.google.com/analytics/tag-manager/use-policy/
- Google Fonts: https://developers.google.com/fonts/faq?tid=311177224

Please note that by adjusting your browser settings to prevent cookies from being installed, you may not be able to fully utilize all functions of our website.

• Amazon Web Services:
We rely on Amazon Web Services (AWS) as our cloud infrastructure to host and maintain the database and web content of our platform. As a result, customer data may flow through or be stored within the AWS system. AWS ensures that its infrastructure is maintained in high-security controlled environments, in accordance with the AWS Cloud Security policy.

For further information about AWS's compliance with EU data protection regulations, you can visit https://aws.amazon.com/compliance/eu-data-protection/. Additionally, details about their privacy practices can be found at https://aws.amazon.com/privacy/. These resources provide a comprehensive understanding of how AWS handles data protection and privacy matters.

• Customer Support
We use Zendesk to manage and respond to customer support inquiries, questions, and complaints via email, live chat, or other communication methods. Zendesk is operated by Zendesk Inc., located at 1019 Market St, San Francisco, CA 94103, USA.

When you interact with our customer support through Zendesk, certain data will be transmitted to Zendesk's servers, including:

- Your name and contact information (e.g., email address) provided by you during the support communication.
- Chat messages and email content exchanged between you and our support team.
- Context information related to your support request, such as the specific page or product in question.
- IP address used to access our support services.

Your provision of personal data and usage of the Zendesk platform is entirely voluntary. However, please note that certain support services may require specific information to assist with your inquiries effectively.

If you wish to prevent Zendesk from collecting and processing your data, you have the option to withhold your consent or withdraw it at any time, affecting future interactions.

Zendesk may process cookies after obtaining your consent for tracking and analytical purposes. For more details on the cookies set by Zendesk, please refer to our "Cookie Policy." Additionally, you can find information about Zendesk's use of cookies at https://www.zendesk.com/company/privacy-and-data-protection.

Regarding data transfers, Zendesk's servers may be located in the United States or other countries outside the European Union or the European Economic Area. To ensure the security of data transfers, we rely on the standard contractual clauses approved by the European Commission or other appropriate mechanisms in accordance with the General Data Protection Regulation (GDPR).

For more information about Zendesk's privacy practices and data protection measures, please visit https://www.zendesk.com/company/privacy-and-data-protection/.

• Log file information
When you visit our website, we automatically collect and store certain information through the use of "cookies" and other automated means. This information includes:

- Your computer's Internet Protocol (IP) address
- Browser type and version
- Your login attempts on our website
- The pages of our website that you visit
- The time and date of your visit
- The amount of time spent on specific pages
- Other statistics related to your interactions with our website

The purpose of collecting this information is to improve our website's functionality and provide you with a better user experience. We use your IP address to track technical issues and errors on our website, enabling us to enhance its performance and usability.

Additionally, we use your IP address and log activities to prevent and detect fraudulent use of your account. By monitoring login attempts and identifying irregular patterns, we can take appropriate measures to protect your account and the overall security of our services. In case of suspicious activities, we may request you to verify your identity using your Account Information.

To fulfil these purposes, we retain your IP address and log activities on our website. However, if you wish to delete this information and/or your personal data from our files, you may always contact us to make such a request.

For more information about the cookies we use and their specific functionalities, please refer to our "Cookie Policy," which outlines the types of cookies utilized on our website.

• Social Media
We are actively present on various social media platforms, including Facebook, Twitter, LinkedIn, YouTube, and Instagram. Through our social media channels, we may engage in various activities, such as promoting events, celebrating achievements, organizing contests, and running other promotions. If you reach out to us via social media, we process your data to respond to any questions or inquiries you may have made through these channels. Additionally, we may use your contact details to send congratulatory messages or greetings, such as on your birthday or for recognizing your accomplishments.

Participation in Contests and Promotions:
If you choose to participate in any contests or promotions hosted on our social media pages, we may request certain information from you, such as your name, social media handles, address, and/or email address. This information is necessary for announcing and informing the prize winner(s) as part of the contest or promotion. Rest assured, we only collect such information with your explicit consent, which you can provide during the contest entry process.

Sharing Your Achievements:
For celebratory purposes, such as recognizing your achievements, we may request your name, a picture of you, your date of birth, and your rank (if applicable). With your consent, we may share this information on our social media accounts.

Additional Use of Personal Data:
In some cases, we may use your personal data for purposes beyond those outlined in this Privacy Policy. If we do so, we will notify you about these additional purposes at the time of your registration for the relevant service, event, contest, or promotion.

Visitor Statistics and Social Media Service Providers:
From our social media pages and campaigns, we receive visitor statistics. While MKX Network and our social media service provider are jointly responsible for these statistics, the primary point of contact for exercising your rights and handling complaints regarding such visitor statistics is the respective social media service provider. However, we are always ready to assist the social media service provider when necessary.

For more information on the personal data we receive from social media network providers and details on how to adjust your privacy settings, we recommend checking the websites and privacy policies of the respective social media network providers.

We may share your data with various entities and service providers, as necessary, to 8fulfil the agreement you have entered into with us. These parties are either governed by this Privacy Policy or have entered into appropriate confidentiality and data transfer agreements, oaths, or legal obligations to protect your personal information. The entities we may share your personal information with include:

- Your Sponsor: We may share your data with your sponsor, who plays a role in supporting and guiding you as an affiliate or user of our services.
- Your Downline: If you are an affiliate, we may share certain data with your downline, which consists of affiliates you have recruited into your team.
- Professional Advisors: We may share your data with professional advisors, such as banks, insurance companies, auditors, lawyers, and accountants, who provide financial and legal expertise to our organization.
- Payment Services: To process payments for our products and services, we may share your data with payment service providers.
- Platform for Identity and Address Verification: For identity verification purposes, we may share your data with a platform that specializes in verifying personal information.
- Platform for Calculation and Tracing Compensation: To calculate and track compensation for our affiliates, we may share data with a specialized platform.
- Self-Billing Platform: We may share your data with a self-billing platform for the creation of invoices.
- Customer Care Support: If you contact us for support, we may share your data with a chat and messaging service provider that assists us in providing customer care services.
- Email Provider: We may share your data with an email service provider to facilitate communication with you.
- Hosting Party: We may share your data with a hosting service provider responsible for hosting our website and databases.
- Software Suppliers: We may share your data with suppliers of software and tools we use to manage our operations.
- Telephone Provider: Your data may be shared with a telephone service provider to facilitate communication.
- Google Analytics: We use Google Analytics to analyse user interactions on our website. Certain data may be shared with Google Analytics as outlined in our previous section.
- Social Media Platforms: As described earlier, we are active on various social media platforms, and your data may be shared with these platforms in accordance with their privacy policies.
- Government Agencies: In some cases, we may be legally obligated to share your data with government agencies in compliance with applicable laws and regulations.

We take appropriate measures to ensure that your data is protected when shared with these entities, and they are bound by confidentiality and data protection agreements. Additionally, we only share the data necessary for the specific purposes outlined in this Privacy Policy.

In the event that MKX sells or transfers part or all of its business or assets to another organization, such as in a merger, acquisition, bankruptcy, dissolution, or liquidation, your information may be included among the items that are sold or transferred. The acquiring organization or entity will be required to uphold the commitments made in this Privacy Policy.

Additionally, we may access, preserve, and share your information in response to a legal request, such as a search warrant, court order, or subpoena, if we have a good faith belief that the law requires us to do so. We may also access, preserve, and share information when we have a good faith belief that it is necessary to:

- Detect, prevent, and address fraud and other illegal activities to protect ourselves, you, and others, including as part of investigations.
- Prevent death or imminent bodily harm.

Information about you that we receive may be accessed, processed, and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations related to possible violations of our terms or policies, or otherwise to prevent harm.

Please be assured that we will only disclose your information in accordance with applicable laws and regulations and with a genuine belief that such disclosure is necessary to fulfil legal obligations, protect our rights, and ensure the safety of our users and others. We take data privacy and security seriously and will always strive to act responsibly and transparently in such situations.

Safety and security of your data is a top priority for us at MKX. To ensure compliance with data protection regulations and requirements, we have implemented appropriate technical and organizational measures. These measures are also extended to our external service providers who handle your data on our behalf

Here are some of the key security measures we have in place:

- Latest Technologies: We utilize the most up-to-date technologies to safeguard your information against loss or unauthorized processing.
- Password Protection: To protect your account, we require a unique password to verify your identity before granting access to your account.
- User Log-in Tracking: We monitor and track user log-in attempts to detect any suspicious activities.
- Encryption: When you transmit personal data through our website, we use encryption (SSL) to secure the data during transmission.
- Regular System Updates: We regularly update our systems to ensure they are equipped with the latest security features.

While we take these precautions to protect your data, it’s important to acknowledge that no transmission or storage method over the internet is entirely secure. Therefore, we cannot guarantee the complete security of the information you transmit to us. In case you believe that your data is not adequately secured or if you suspect any misuse of your data, please reach out to us via email.

We also rely on your cooperation to maintain the security of your account. Please ensure that you keep your unique password and account information confidential and control access to any communication between you and MKX. It is your responsibility to safeguard this information.

Lastly, please be aware that we are not responsible for the security measures, functionality, or privacy practices of other organizations or third-party websites that you may access through our services.

By implementing these measures and encouraging user cooperation, we aim to create a secure environment to protect your data while using our services.

At MKX, we prioritize the protection of your personal data, especially when it comes to international transfers. As a general rule, we try to keep your data within the European Economic Area (EEA). However, in some cases, it may be necessary to transfer your data to non-European service providers. These transfers are carefully considered, and we ensure that an adequate level of protection is provided for your data. To comply with EU legislation, we thoroughly assess the data protection measures of these service providers to ensure that your data is adequately protected. We only permit these service providers to use your information to the extent necessary for fulfilling the agreement you have with us.

For international data transfers, we may enter into data transfer agreements with these service providers. These agreements are based on the standard contractual clauses established by the European Commission, which ensure a level of data protection equivalent to that provided within the EEA. It’s important to note that these service providers may also be subject to applicable laws and regulations that require them to provide access to your data when necessary.

If you have any concerns or questions regarding the safeguards we have in place for international data transfers, please don’t hesitate to reach out to us using the contact details provided in this Privacy Policy. We are committed to maintaining the security and protection of your data, regardless of its location.

We adhere to legal requirements regarding the retention of your personal data. We will not keep your data longer than necessary to achieve the purposes for which it was collected, as outlined in this Privacy Policy, or for the duration required by any legal, regulatory, accounting, or reporting obligations, whichever is longer. Below are the retention periods for different types of personal data:

o Customer data (First name, last name, address, email address, telephone number): Retention period: Up to 5 years after the last transaction due to the statutory limitation period for claims for damages. This information may serve as evidence.
o IBO data (Company name, name of contact person, business address, business email address, business telephone number): Retention period: Up to 5 years after deactivation of the IBO account or termination of the IBO agreement, whichever is later, due to the statutory limitation period for claims for damages. This information may serve as evidence.
o Account information (Customer and IBO): Retention period: As long as your account is active. It will take 30 days for the account to be completely removed from all our systems. For IBO accounts, the retention period is 5 years after termination of the IBO agreement. Afterward, the account will be anonymized and no longer considered personal information.
o IBO financial records such as a cryptocurrency wallet address and other payment details you choose to provide: Retention period: 7 years due to our legal administration obligation. If the information represents personal data and is stored on the blockchain as part of a transaction, it will remain there indefinitely due to the nature of blockchain technology.
o Correspondence: Retention period: Up to 5 years after the last transaction due to the statutory limitation period for claims for damages. This information may serve as evidence.
o Marketing communications (email address, WhatsApp number, messenger ID, postal information): Retention period: Until you unsubscribe. If you decide that you no longer wish to receive marketing communications, we will keep the withdrawal of your request. You may unsubscribe from our advertisements and offers at any time.
o Personal data obtained through social media: Retention period: If used in connection with each promotional activity, the data will not be provided to third parties and will be destroyed once the promotional activity is no longer valid. If used in connection with congratulatory purposes and publishing on social media account(s), we will keep it as long as you ask us to remove the posts, which you can do at any time.

After the expiry of the applicable retention period, we will securely destroy your personal data in compliance with applicable laws and regulations. In some cases, we may anonymize your personal data so that it can no longer be associated with you, and it will no longer be considered personal data.

If you require details of the retention periods for a particular aspect of your personal information not detailed above, please contact us at privacy@mkxnetwork.com. We are committed to transparency and are here to address any inquiries you may have.

We respect your rights concerning your personal data. You have the following rights:

o Right to Access: You have the right to know what personal data of yours we have stored and to whom we have disclosed it. You can request information about your data at any time and without charge.
o Right to Correction, Deletion, or Blocking: You can request the correction, deletion, or blocking of your personal data if it is inaccurate, incomplete, or processed unlawfully.
o Right to Withdraw Consent: You have the right to revoke your consent to the processing of your personal data at any time with immediate effect for the future.
o Right to Data Portability: You can request your personal data to be sent to you so that you can transfer it to another party.
o Right to Restriction of Processing: You can ask us to restrict the processing of your personal data under certain circumstances.
o Right to Object: You can object to the processing of your personal data.
o Right Not to Be Subject to Automated Decision-Making: You have the right not to be subject to a decision based solely on automated processing.

Accessing and Correcting Your Data:
You can easily access most of your data (including the data provided by you) and rectify/correct it through your registered account. If you are a customer, you can delete your account by sending us an email. If you are an IBO, you can send us an email to deactivate your account. In this case, your position within your team will remain visible, but your personal information will be anonymized.

Exercising Your Rights:
If you wish to exercise any of the aforementioned rights or obtain further information about how your personal information is stored, please send us an email. Our customer support team may contact you to verify your identity before fulfilling your request to protect your privacy.

Complaints:
If you are not satisfied with our data processing practices, you have the right to submit a complaint to the Dutch Data Protection Authority via www.autoriteitpersoonsgegevens.nl.

We are committed to protecting your privacy and ensuring the lawful and transparent processing of your personal data. If you have any concerns or questions about our Privacy Policy or how we handle your data, please do not hesitate to contact us.

We want to remind you that our Privacy Policy applies only to our website and services. When you click on links or use third-party applications, websites, or services that are linked to or from our website, our Privacy Policy no longer governs your interactions and activities on those third-party platforms.

We are not responsible for the practices, information, or content of any third-party applications, websites, or services. These third-party platforms have their own privacy policies, terms of use, and practices, which may differ from ours. Therefore, we encourage you to review the privacy policies and terms of any third-party platform you visit to understand how your personal information will be handled.

Your browsing activity and interactions on third-party applications, websites, or services are subject to the rules and policies of those respective third parties. If you have any questions or concerns about the privacy practices of a third-party platform, we recommend reaching out to them directly or reviewing their privacy policies and terms of use.

We are committed to protecting the privacy and safety of children. Our website and services are not intended for use by children under the age of 13 in the US, under 16 for EU residents, or any other age as required by local law (“Children”). We do not knowingly collect personally identifiable information from Children.

If you are a parent or guardian and you become aware that your child has provided us with personal information, please contact us immediately. If we discover that we have collected personal information from a child under the age of 16 (or the applicable age in their territory) without proper verification of parental consent, we will take prompt steps to remove that information from our servers.

We encourage parents and guardians to be actively involved in their children’s online activities and to supervise their internet usage to ensure their privacy and safety. If you have any concerns or questions about your child’s information on our website, please don’t hesitate to contact us.

We may update or modify our Privacy Policy periodically. Any changes to the Privacy Policy will be posted on this page, and the revised version will be effective immediately upon posting. We encourage you to review this Privacy Policy periodically to stay informed about how we collect, use, and protect your personal information.

If you have any questions, concerns, or inquiries about this Privacy Policy or how we handle your data, you can contact us at privacy@mkxnetwork.com. Our team is here to assist you and provide any necessary information regarding your privacy and data protection.

INFORMATION FOR CALIFORNIAN CONSUMERS

The provisions contained in this section supplements our Privacy Policy and apply to all Users who are consumers residing in the state of California, United States of America, according to “The California Consumer Privacy Act of 2018” (Users are referred to below, simply as “you”, “your”, “yours”), and, for such consumers, these provisions are not intended to contradict or limit the applicability of the information provided in the Privacy Policy.

This part of the document uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).

Categories of Personal Data collected, disclosed or sold
In this section we describe how we collect, use, and share California consumers’ Personal Data in our role as a business, and the rights applicable to such residents. The CCPA requires businesses to disclose whether they sell Personal Data. MKX Network is a business and does not sell Personal Data. We may share Personal Data with third parties if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Data. You can read about these activities in detail in the section titled “Detailed information on the processing of “Personal Data” within this document.

If you are unable to access this Privacy Policy due to a disability or any physical or mental impairment, please contact us and we will arrange to supply you with the information you need in an alternative format that you can access.

How we collect, Use, and Share your Personal Data
We have collected the following categories of Personal Data about you in the past twelve(12) months:
• Identifiers as a first and last name, username, unique personal identifier (such as a telephone number, online identifier, password, internet protocol address and email address). We collect this information directly from you or from third party sources.
• Commercial information and internet information such as subscription records, products or services purchased, and other purchasing or consuming histories. We collect this information directly from you.
• Other Personal Data, in instances when you interact with us online, by phone or mail in the context of receiving help through our help desks or other support channels or in providing the Service.
• Geolocation data, such as IP address. We collect this information from your device.
• Additional Data Subject to Cal. Civ. Code § 1798.80: signature, physical characteristics or description, state identification card number, financial information, such as financial account numbers in the process of providing you with a subscription. We collect this information from you.

We may use (and may have used during the 12-month period prior to the effective date of this document) your Personal Data for the purposes described in our Privacy Policy.

In addition, we may use such categories of Personal Data for certain business purposes specified under the CCPA:

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services;
• Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
• Short Term Use: Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
• Security Purposes: Detecting security incidents, protecting against malicious, deceptive, fraudulent, illegal activity, or any activity that violates our policies and prosecuting those responsible for that activity;
• Debugging to identify and repair errors that impair existing intended functionality
• Internal R&D: Undertaking internal research for technological development and demonstration;
• Safety: Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, developed for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, developed for, or controlled by us;
• Comply with applicable laws, regulations, or legal process, as well as industry standards and our company policies;
• For any other purpose, with your consent.

Sharing of Personal Data
We may share your Personal Data with our parent, subsidiaries, affiliates, business partners, and vendors that provide services on our behalf. These parties are not meant to use Personal Data except for the purpose(s) for which it was provided.

In the event of a business transaction, such as if we sell or transfer all or a portion of our business or assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction, including negotiations of such transactions), we reserve the right to disclose any information we obtain through MKX Network. You acknowledge that such transfers may occur and are permitted by and subject to this Privacy Policy.

Additionally, we may disclose information when required by subpoena, search warrant, or other legal processes, or in response to activities that are unlawful or a violation of our rules for use of MKX Network, or to protect and defend our rights or property.

California Do Not Track
Our web services do not alter, change, or respond upon receiving Do Not Track (DNT) requests or signals in browsers. As described in more detail above, we track user activity using web server logs, cookies and similar technologies. Information collected in web server logs helps us analyze website usage and improve the user’s experience. Cookies allow us to offer you a customized experience and present relevant advertising to you.

Your California privacy rights and how to exercise them
You have certain rights regarding the Personal Data we collect or maintain about you. Please note these rights are not absolute, and there may be cases when we decline your request as permitted by law.

The right of access and to portability
You have the right to request that we disclose to you: the categories and sources of the Personal Data that we collect about you, the purposes for which we use your information and with whom such information is shared. This disclosure will be limited to the Personal Data collected or used over the past 12 months. If we deliver our response electronically, the information enclosed will be “portable”, i.e., delivered in an easily usable format to enable you to transmit the information to another entity without hindrance, provided that this is technically feasible.

The right to request the deletion of your Personal Data
You have the right to request that we delete any of your Personal Data collected or maintained by us, subject to exceptions set forth by the law (such as, including but not limited to, where the information is used to identify and repair errors on this Service, to detect security incidents and protect against fraudulent or illegal activities, to exercise certain rights etc.). If no legal exception applies, as a result of exercising your right, we will delete your Personal Data and direct any of our service providers to do so.

The right to non-discrimination
The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights.

Shine the Light Request
If you are a California resident and have provided us with your Personal Data, you may ask us to refrain from sharing your Personal Data with third parties, including our affiliates if they are separate legal entities, for direct marketing purposes. MKX Network does not sell Personal Data to third parties (pursuant to California Civil Code §§ 1798.100– 1798.199, also known as the California Consumer Privacy Act of 2018).

How to exercise your rights
To exercise the rights described above, you need to submit your verifiable request to us by contacting us via the details provided in this document.
For us to respond to your request, it’s necessary that we know who you are. Therefore, you can only exercise the above rights by making a verifiable request which must:
• provide sufficient information that allows us to reasonably verify your identity by a method appropriate to the type of request you are making.
• attest to the fact that you are a California resident and provide your current California address to which we will send our response. Your inquiry must specify “California Privacy Rights Request” in the subject line of the email or the first line of the letter and include your name, street address, city, state, and ZIP code.
• If you cannot personally submit a verifiable request, you can authorize a person registered with the California Secretary of State to act on your behalf. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent’s identity to protect your Personal Data.
• describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will not respond to any request if we are unable to verify your identity and therefore confirm the Personal Data in our possession actually relates to you.

How and when we are expected to handle your request
We will confirm receipt of your verifiable request within 10 days and provide information about how we will process your request. We will respond to your request within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfill your request.
Our disclosure(s) will cover the preceding 12-month period. Should we deny your request, we will explain you the reasons behind our denial. We do not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive. In such cases, we may charge a reasonable fee, or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind it

If you have any questions about this Privacy Policy or our privacy practices, or if you have a disability and need to access this notice in a different format, please contact us here or by mail at: privacy@mkxnetwork.com

Other Important Privacy Information
1. We Never Sell Personal Data
We will never sell your Personal Data to any third party.
2. Information About Children
MKX Network is not intended for or targeted at children under 13, and we do not knowingly or intentionally collect Personal Data about children under 13. If you believe that we have collected Personal Data about a child under 13, please contact us, so that we may delete the information.

API Use Policy

To provide you with the best online experience, we use small text files (cookies) that are stored in your computer's, smartphone's, or tablet's browser when you visit our website. These cookies contain an identifier (a string of letters and numbers) that helps us improve our website's functionality and remember your preferences.

Cookies play a vital role in ensuring our website works properly and remembering your preferred settings. They also allow us to understand how you use our website, helping us make it more userfriendly. While cookies do not contain personal information that directly identifies you, any personal data we store about you may be linked to the information obtained from cookies.

Some cookies are necessary for the technical functioning of our website, and we use them by default. Others, which are not strictly necessary but help us improve our services, will require your consent. When you visit our website for the first time, we will ask for your permission to use these non-essential cookies.

We use necessary cookies on our website to ensure it functions properly. These cookies allow you to access secure areas of our website and save information you have already entered, such as login details and usernames. These necessary cookies also help us detect and prevent suspicious activities and potential fraud on our website.

As necessary cookies are essential for the proper functioning of our website, they may be placed without requiring your permission.

The following necessary cookies are used on our website:

Who placed the Cookies?Name cookiesRetention periodPurposeNeed cookie consent?
MLM ProtecEnroller ID30 daysThis cookie is used to implement enroller’s replicated websiteNo
MLM ProtecEnroller Name30 daysThis cookie is used to display the enroller’s nameNo

we use analytical cookies to understand how visitors use our website. This helps us improve our marketing activities and enhance the quality, effectiveness, and user-friendliness of our website.

We use the following analytical cookies:

Who placed the Cookies?Name cookiesRetention periodPurposeNeed cookie consent?
Google Universal Analytics_gat1 minuteThis cookie is to throttle the request rate to limit the collection of data on high traffic sites.No
Google Analytics 4_ga2 yearsThe cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitorsNo
Google Analytics 4_gid1 dayThe cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the website is doing. The data collected including the number visitors, the source where they have come from, and the pages visited in an anonymous form.No

We also have social media buttons on our website to promote and share web pages on social networks. These buttons use code from the social media platforms and may place cookies. Social media platforms automatically receive information about the specific subpages you visit, even if you don't use the buttons. If you use these buttons, the platforms may link this information to your personal account and store it on servers in the United States.

To prevent the transfer of information to the social media platforms, you can simply log out of your social media account before visiting our website. This will ensure that your interactions on our website are not linked to your personal account on the social media platforms, and no information will be transferred to them.

Please check the privacy statements of these social media platforms to know how they handle your data. Here are the links to their privacy policies:

Meta Platforms, Inc. (Data Protection Officer), 1601 Willow Road, Menlo Park, CA 94025, United States:
Facebook: https://www.facebook.com/privacy/explanation
Instagram: www.instagram.com/about/legal/privacy/

YouTube, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, , parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043: https://policies.google.com/privacy YouTube is integrated via https://www.youtube-nocookie.com in "enhanced data protection mode." No cookies on user activities are collected for personalized video playback, but some interaction information may be stored.

Vimeo, Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA: https://vimeo.com/privacy

Please be aware that Vimeo may use Google Analytics. For more information, you can refer to Google's privacy policy (https://policies.google.com/privacy) and find opt-out options for Google Analytics (https://tools.google.com/dlpage/gaoptout?hl=en) or adjust your Google settings for data use in marketing purposes (https://adssettings.google.com/).

To provide you with personalized advertisements that align with your preferences, we utilize tracking cookies. These cookies enable us to monitor the services and products you browse on our website, allowing us to display advertisements that are relevant and intriguing to you. Rest assured that we only place these cookies on your device with your explicit permission.

We use the following tracking cookies:

Who placed the Cookies?Name cookiesRetention periodPurposeNeed cookie consent?
Facebook_fbp3 monthsThis cookie is to deliver advertisement when they are on Facebook, or a digital platform powered by Facebook advertising after visiting this website.
Facebookfr3 monthsThe cookie to show relevant advertisements to the users and measure and improve the advertisements. The cookie also tracks the behaviour of the user across the web on sites that have Facebook pixel or Facebook social plugin.

If you prefer not to allow the use of non-necessary cookies, you have the option to disable them easily. However, please note that by turning them off, you may not have access to all the features on our website. To disable and delete cookies, you can adjust the browser settings on your computer. For instance, if you wish to prevent the use of 'Google Analytics,' you can download and install the 'Google Analytics Opt-out Browser add-on' for your web browser, which is available on the Google website.

We reserve the right to update this Cookie Policy periodically to reflect changes in the cookies we use or for operational, legal, or regulatory reasons. However, the most recent version will always be available on this page. We encourage you to check this Cookie Policy regularly to stay informed about our use of cookies and related technologies. The date at the top of this Cookie Policy indicates when it was last updated.