Last updated and effective October 12, 2023
For avoidance of doubt, you should know that all Rewards (as defined below) will be paid by BAM Trading from its corporate treasury. Rewards are provided to you by BAM Trading for loyalty and awards purposes and are not investment returns. For clarity, Assets that you designate to be included in your Rewards Program Asset Balance (as defined below) are not rehypothecated, loaned, or otherwise removed from your BAM Account.
Acceptance and Eligibility
By using, participating in, or receiving the benefit of any portion of a Rewards Program, you agree to be bound by these Rewards Terms. You must acknowledge and accept these Rewards Terms in order to participate in any Rewards Program, and these Rewards Terms apply to your participation in any and all Rewards Programs.
You must be an individual, be a resident of eligible regions within the United States or one of its territories, and be at least 18 years old, or the age of majority in your state or jurisdiction of residence (if over 18), to use or participate in any Rewards Program. You may not participate in a Rewards Program or accept these Rewards Terms if you are not of legal age and able and competent to form a binding contract with BAM. If you participate in a Rewards Program, you represent that you have the capacity to be bound by these Rewards Terms.
The Rewards Programs are not available in all states, territories, countries or locations and each Rewards Program is void where prohibited by law. Participation in a Rewards Program is unauthorized in any jurisdiction where all or any portion of the Rewards Program may violate (or may cause BAM to violate) any legal requirements, and you agree not to participate if you are a resident of any such jurisdiction. For the avoidance of doubt, residents of New York, Vermont, Texas, Hawaii, and the US Virgin Islands may not participate in the Rewards Program or any other service offered by Binance.US, since Binance.US is not licensed to do business in those jurisdictions.
The Rewards Programs are for personal, non-commercial use. You agree that you are not using (and will not use) any Rewards Program for or on behalf of any third party, for any company, association, or group, or for any commercial purpose.
You agree that BAM’s decisions regarding any Rewards Program and your participation in such Rewards Program are final and binding and you agree to abide by all such decisions. BAM will be the sole arbiter in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination, suspension, or disabling of your participation in any Rewards Program and/or your forfeiture of any Rewards or other Rewards Program benefits.
Description of the Rewards Programs
BAM Trading may from time to time allow you to participate in available Rewards Programs, which provide you with an opportunity to earn Assets from BAM Trading as a reward (such rewards or loyalty Assets, “Rewards”). As further described below, each Rewards Program allows you to earn Rewards which will be denominated in a specific Asset. Rewards Programs may have limits on the amount of Assets on which you can earn Rewards. Separate from the Rewards Programs, BAM Trading may also offer certain staking programs, which programs are operated differently from and are subject to separate terms and conditions than the Rewards Programs.
In order to participate in any Rewards Program, you must be a BAM Trading account holder in good standing (subject to eligibility requirements). No separate application is required. BAM Trading does not charge fees to you for participation in any Rewards Program.
You must affirmatively elect to participate in a Rewards Program by opting-in to such Rewards Program through the BAM Services. In order to make such election, you must follow the links and instructions as disclosed within the BAM Services to complete any qualifying or required action(s) for participation in a Rewards Program (e.g., by clicking the buttons labeled “Activate Promotional Offer,” or “Activate Rewards”). At the time that you elect to opt-in to any Rewards Program, you acknowledge your acceptance of these Rewards Terms (even if you have previously agreed to the Rewards Terms in accordance with your participation in a different or earlier Rewards Program).
Most Rewards Programs will be “Time-Based Rewards Programs,” meaning that BAM Trading may pay certain Rewards in exchange for your agreement to maintain certain Assets within your BAM Account for a predetermined period of time as determined by BAM Trading. BAM Trading may, from time to time, also offer Rewards in exchange for you completing certain actions through the BAM Services (e.g., completing a questionnaire, watching a video, etc.).
For Time-Based Rewards Programs, when you elect to participate, you will thereby submit to BAM Trading your consent to maintain a specified amount of a specific Asset in your BAM Account (such specified amount of Assets, your “Rewards Program Asset Balance”) for a specified period of time (such period, the “Participation Period”) subject to any applicable Reward Program balance limitations. During the Participation Period, Assets comprising your Rewards Program Asset Balance will remain in your BAM Account and legal title to such Assets remains with you at all times. You will not be able to withdraw the Assets comprising your Rewards Program Asset Balance unless you affirmatively direct BAM to remove such Assets (e.g., by clicking the button labeled “Remove”) from your Rewards Program Asset Balance (in which case you will no longer be able to accrue Rewards on such Assets). Rewards accrue to you only for so long as you maintain the Assets designated as your Rewards Program Asset Balance in your BAM Account.
All Rewards Program offers will only be accessible to you through BAM Services. Each Rewards Program offer will provide the additional details and specific terms applicable to such Rewards Program. Opportunities to receive Rewards will always be subject to these Rewards Terms and may be subject to any additional terms, as specified at the time a specific Rewards Program offer is presented through the BAM Services. BAM Trading will only offer Rewards Programs in connection with those Assets that are supported by BAM Trading and able to be held in a BAM Account; such Assets may change from time to time in BAM’s sole discretion.
For Time-Based Rewards Programs, you must hold Assets in your BAM Account in order to designate such Assets as a part of your Rewards Program Asset Balance and participate in a Rewards Program. BAM Trading will from time to time specify which Assets it currently makes available for a Rewards Program. BAM Trading may offer Rewards Programs for certain Assets for limited periods of time. At all times, and notwithstanding any other provision of these Rewards Terms, any and all distributions of Rewards will be made in BAM Trading’s sole discretion.
BAM Trading may display to you the estimated amount or range of Rewards which you could receive in connection with your participation in any Rewards Program in any of the following ways: (1) an estimated percentage reward rate (for example: 3% in Rewards based on your pro rata subtotal of the total Assets comprising your Rewards Program Asset Balance) which may be quoted on an annualized basis, or (2) a fixed number of Rewards (for example: .0005 Bitcoin “BTC”). BAM Trading may also display the Reward percentage or Asset amount, which represents the percentage of Rewards you could receive in connection with your completion of the specific requirements of any Rewards Program offer (i.e., maintaining the Assets comprising your Rewards Program Asset Balance in your BAM Account during the Participation Period, completing a questionnaire, or watching a video, amongst other actions). Additionally, the Rewards you receive may be dependent on the allocation of your Rewards Program Asset Balance in comparison to other participants’ allocation and may depend on how many other individuals participate for a fixed aggregate Reward quantity.
Certain Assets may be ineligible for Rewards and all eligibility decisions with respect to any Rewards Program will be in BAM’s sole discretion. Rewards earned in a Rewards Program cannot be substituted for a different Asset.
The exact number of Rewards that can be earned in any Rewards Program will be assigned by BAM Trading based on the prevailing rewards rate which may differ from the estimated rewards rate displayed to you at the time you are presented with an eligible offer for a specific Rewards Program. Depending on the specifics of the Rewards Program in which you have elected to participate, Rewards may be awarded to you as a flat sum, a fixed percent value based on your eligible balance, or, where applicable, fall within a range or up to the maximum number disclosed to you, and will be based on many factors determined by BAM in its sole discretion (including random chance).
Rewards may accrue and be distributed over set time intervals or by certain actions taken by You. Rewards have no value prior to your satisfaction of the terms applicable to a specific Rewards Program, including with respect to the required Participation Period. Rewards do not constitute property and do not entitle you to a vested right or interest. You do not have any ownership rights in any accrued and non-distributed rewards. Rewards accrued and not yet received in your BAM Account are not transferable under any circumstances (except where BAM Trading expressly makes transfer or account linking functionality available within the Rewards Program and then subject to any additional terms or limitations set out by BAM Trading). Rewards cannot be purchased. Without limiting the foregoing, Rewards are not descendible and may not be transferred by operation of law (including via inheritance, bankruptcy, or in the event of divorce). Once Rewards are credited to your BAM Account, you may withdraw or transfer such Rewards in accordance with the terms applicable to your BAM Account. You agree that BAM Trading has the right to limit the quantity of Rewards you may earn, refuse to provide you Rewards, or otherwise modify, restrict, or eliminate your ability to receive Rewards in our sole discretion and without prior notice to you.
You understand that benefits you receive through the receipt of Rewards may qualify as taxable income under applicable law and you are solely responsible for any tax liability incurred in connection with your participation in any Rewards Program. In connection with any Rewards Program, you may be asked to provide certain identifying information (like your Social Security Number or Taxpayer Identification Number) for tax purposes.
Expiration & Loss of Rewards; Termination of the Program
To accrue Rewards in connection with a Rewards Program in which you have elected to participate, you must satisfy all applicable requirements for the specific Rewards Program, including that your BAM Account must remain active throughout the entire period that you participate in such Rewards Program. If your account is inactive for a period of at least twelve (12) consecutive months (for example, from April 15 of this year to April 15 of next year), BAM Trading has the right (to the maximum extent permitted by applicable law) to reset your Rewards to zero (0), in which case you will no longer be eligible to receive any then-unclaimed Rewards. To the maximum extent permitted by applicable law, you agree that any disputes about whether your Rewards should expire will be resolved by BAM Trading in its sole discretion, and you agree to abide by BAM Trading’s resolution of such dispute. If your BAM Account is closed, any unaccrued Rewards earned via a Rewards Program and any accrued Rewards earned via a Rewards Program but not yet transferred to your BAM Account will no longer be due to you.
BAM Trading reserves the right at any time to cancel, terminate, modify, or restrict a Rewards Program (for some or all users), or any aspect of a Rewards Program, including but not limited to any available offers, rates, ratios, actions, expiration terms, etc. BAM Trading reserves the right to apply such changes retroactively to Rewards already accrued but not yet distributed to your BAM Account.
In the event BAM Trading elects to terminate the Rewards Program entirely, we will provide a notice of termination through the BAM Services or by email to the email address then associated with your BAM Account. This notice provision will not apply if BAM Trading elects, in its sole discretion, upon termination of the Rewards Program, to automatically credit to each program participant’s BAM Account a pro rata credit amount equal to the value of the participant’s accrued but not yet distributed Rewards.
If you have questions or issues regarding a Rewards Program or in connection with receiving Rewards, please contact us at firstname.lastname@example.org or visit our support center at https://support.binance.us/hc/en-us and submit a request.
Limitation of Liability and Indemnification
IN CONNECTION WITH EACH REWARDS PROGRAM, THE REWARDS ARE OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY BAM TRADING, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL BAM TRADING BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN A REWARDS PROGRAM, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT BAM TRADING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
BAM Trading is not responsible if the Rewards Program cannot take place, or if the Rewards cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of BAM Trading.
Amendments to these Rewards Terms
BAM Trading may amend these Rewards Terms or other terms or policies that govern your participation in any Rewards Program from time to time and in our sole discretion. Amendments may include, but are not limited to, changing the eligibility criteria Rewards to be earned, the distribution of Rewards or adding new Rewards or canceling particular Rewards and/or the Rewards Program entirely. Any changes to these Rewards Terms will be posted through the BAM Services, and the posted Rewards Terms will indicate the date the Rewards Terms were last revised. The revised Rewards Terms will take effect when posted or as otherwise expressly indicated. If you do not agree to the changes, you must stop participating in the relevant Rewards Program (by notifying BAM Trading of such intent to stop participation via a mobile in-application or web-based opt-out feature such as by clicking a “Remove” button). By continuing to use the Rewards Program after any changes to these Rewards Terms take effect or taking such other action as specified by BAM Trading, you agree to be bound by those changes.
BAM Trading may assign, without recourse, any or all of its rights or obligations under these Rewards Terms, including all or a portion of these Rewards Terms and/or all or a portion of any liabilities related to any Rewards Program. If BAM Trading assigns any or all of the liabilities related to any Rewards Program, the assignee shall be the sole obligor with respect to such rewards, and BAM Trading shall have no further liability with respect to such Rewards Program. You may not assign or transfer these Rewards Terms or any of your rights or obligations hereunder.
Governing Law; Disputes
The invalidity or unenforceability of any provision of these Rewards Terms will not affect the validity or enforceability of any other provision. In the event that any provision of these Rewards Terms is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. BAM Trading’s failure to enforce any term of these Rewards Terms will not constitute a waiver of that term or any other provision of these Rewards Terms.
Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of these Rewards Terms or any provision hereof.