Affiliate Program Terms of Service
These Affiliate Program Terms of Service (the "Agreement") constitute a legally binding agreement between Funding Predicts Holdings, Inc., d/b/a Funding Perpetuals, a corporation organized under the laws of the State of Delaware ("Company," "we," "us," or "our"), and the individual or entity enrolling in the Company's affiliate program ("Affiliate," "you," or "your"). By submitting an affiliate application, clicking "I Agree," checking a box referencing this Agreement, or otherwise participating in the Company's affiliate program (the "Affiliate Program"), you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety, including any documents incorporated by reference. If you do not agree to these terms, you must not apply for or participate in the Affiliate Program.
1. Definitions
- "Affiliate Link" or "Referral Code" means the unique tracking URL and/or promotional code assigned to, or generated by, an Affiliate for the purpose of referring Users to the Company's website. - "User" means any individual who visits the Company's website, purchases a trading challenge, evaluation, or other product or service offered by the Company (a "Challenge") using an Affiliate's Referral Code or Affiliate Link. - "Qualified Sale" means a completed and paid purchase of a Challenge by a User that is properly attributed to an Affiliate under Section 6 (Tracking & Attribution) and that has not been refunded, charged back, reversed, or determined to be fraudulent or otherwise ineligible under this Agreement. - "Commission" means the amount payable to an Affiliate for a Qualified Sale, calculated as set forth in Section 4 (Commission Structure). - "Affiliate Dashboard" means the online portal made available to Affiliates to track referrals, revenue, tier status, and payment history.
2. Eligibility, Application & Approval
2.1 Application. Any individual or entity may apply to become an Affiliate by submitting an application through the Company's website. You must provide accurate, current, and complete information during the application process and must promptly update such information if it changes. 2.2 Review Period. Applications are generally reviewed within twenty-four (24) hours of submission. The Company reserves the right to extend this review period at its discretion and does not guarantee approval within any specific timeframe. 2.3 Discretion to Approve or Deny. The Company reserves the right, in its sole and absolute discretion, to approve, deny, delay, or revoke any affiliate application, for any reason or no reason, including but not limited to prior violations of this Agreement, suspected fraud, reputational concerns, or jurisdictional restrictions. 2.4 Eligibility Requirements. You must be at least eighteen (18) years of age, have the legal capacity to enter into a binding agreement, and, if applying on behalf of an entity, have the authority to bind that entity to this Agreement. Employees and contractors of the Company may be subject to additional restrictions communicated separately.
3. Program Structure
The Affiliate Program may consist of one or more participation tracks, which may include an Individual Affiliate track and a Group Partner track for approved partners, agencies, communities, or organizations. The specific tracks offered, along with their tier structures, thresholds, qualifying criteria, and commission rates, are set forth in the Affiliate Dashboard and/or communicated to Affiliates directly by the Company and are incorporated into this Agreement by reference. The Company reserves the right to establish, modify, or discontinue tracks, tiers, thresholds, and qualifying criteria at any time upon notice as described in Section 15 (Modifications).
4. Commission Structure
4.1 Rates. Commission rates are calculated as a percentage of net referred revenue (i.e., the purchase price actually collected by the Company from the User's Challenge purchase, after application of any discount, and before refunds, taxes, or processing fees). Applicable commission rates, any associated User discount, and the criteria for tier advancement are set forth in the Affiliate Dashboard and/or communicated to the Affiliate by the Company, and are incorporated into this Agreement by reference. 4.2 Starting Tier. All new Affiliates who enroll through the Company's website begin at the Program's entry-level tier, as identified in the Affiliate Dashboard. Advancement to higher tiers is based on cumulative referred revenue thresholds and criteria published in the Affiliate Dashboard or communicated by the Company, and occurs automatically upon satisfying such criteria unless otherwise stated. 4.3 Group Partner Program Tiers. Commission rates for any Group Partner track will be set forth in a separate partner-tier schedule provided to approved group partners and are incorporated into this Agreement by reference upon acceptance. 4.4 Rate Changes. The Company reserves the right to modify commission rates, tier thresholds, and tier benefits prospectively at any time. Rate changes will not retroactively affect Commissions already earned on Qualified Sales completed prior to the effective date of the change. 4.5 No Guarantee. Nothing in this Agreement guarantees any Affiliate a minimum number of referrals, a minimum amount of Commission, or continued availability of the Affiliate Program at any particular rate.
5. Referral Codes, Links & User Discount
5.1 Standard Code. Upon approval, each Affiliate is issued a unique Referral Code and Affiliate Link. Any User who completes a Challenge purchase using an Affiliate's Referral Code receives a discount on that purchase as set forth in the Affiliate Dashboard, and the referring Affiliate earns a Commission calculated per Section 4. 5.2 Custom Codes. Affiliates may request to customize their Referral Code through the Affiliate Dashboard, subject to the following conditions: - The requested custom code must not already be in use by another Affiliate or reserved by the Company; - The requested custom code must not contain language that is racist, offensive, discriminatory, defamatory, sexually explicit, or otherwise inappropriate, as determined by the Company in its sole discretion; - The requested custom code must not infringe any third party's trademark, trade name, or intellectual property rights, and must not impersonate the Company, a competitor, or any other individual or brand. 5.3 Revocation of Custom Codes. The Company reserves the right, in its sole and absolute discretion, to revoke, reassign, or require modification of any Affiliate's custom Referral Code at any time, with or without cause and with or without prior notice, including where the Company wishes to utilize, reserve, or reassign a given code for its own purposes. Revocation of a custom code does not, by itself, constitute termination of the underlying Affiliate relationship, and the Affiliate will be issued a replacement code.
6. Tracking & Attribution
6.1 Attribution Window. When a User clicks on an Affiliate's Affiliate Link, a tracking cookie is placed on the User's device that attributes any resulting purchase to that Affiliate for a period of time set forth in the Affiliate Dashboard (the "Attribution Window"). If the User does not complete a qualifying purchase within the Attribution Window, or if the User subsequently clicks a different Affiliate's link, the Company is not obligated to attribute any resulting sale to the original Affiliate. 6.2 Last-Click Attribution. Except as the Company may otherwise determine, sales are attributed on a last-click basis to the Affiliate Link most recently clicked by the User prior to purchase, within the Attribution Window. 6.3 Company Records Control. The Company's tracking systems and records are the sole and authoritative source for determining whether a sale is a Qualified Sale and to which Affiliate, if any, it is attributed. The Company is not responsible for tracking failures caused by a User's browser settings, ad blockers, device settings, cleared cookies, or similar circumstances outside the Company's reasonable control. 6.4 Dashboard Access. Affiliates may monitor referral activity, revenue, current tier, and progress toward the next tier in real time through the Affiliate Dashboard.
7. Payment Terms
7.1 Payment Method. Commissions are paid through the Company's designated third-party payment provider, as identified in the Affiliate Dashboard. Affiliates are responsible for maintaining a valid, active account with that provider capable of receiving payment and for providing accurate payment information. The Company is not liable for delayed or failed payments resulting from inaccurate or outdated payment information provided by the Affiliate. 7.2 Payment Timing. Subject to Section 7.3, Affiliates may request payment of accrued, eligible Commissions at any time through the Affiliate Dashboard. 7.3 Eligibility of Commissions for Payment. A Commission becomes eligible for payment only once the underlying sale is confirmed as a Qualified Sale. The Company reserves the right to place a reasonable holdback period on newly earned Commissions to account for the Company's standard refund, chargeback, or dispute window applicable to Challenge purchases before such Commissions become payable. 7.4 Clawbacks. If a sale underlying a paid or accrued Commission is later refunded, charged back, reversed, found to be fraudulent, or otherwise determined to be ineligible under this Agreement, the Company reserves the right to deduct the corresponding Commission from the Affiliate's future earnings or to invoice the Affiliate directly for repayment. 7.5 Taxes. Affiliates are solely responsible for determining and paying any taxes applicable to Commissions earned, and for providing any tax documentation reasonably requested by the Company (e.g., Form W-9, Form W-8BEN, or equivalent).
8. Marketing Restrictions
Affiliates are granted a limited, non-exclusive, revocable, non-transferable license to promote the Company and its Challenges solely in accordance with this Agreement. Without limiting Section 9 (Prohibited & Malicious Practices), the following restrictions apply specifically to advertising and promotional activity: 8.1 No Paid Advertising. Affiliates may not use paid advertising of any kind to promote the Company, the Affiliate Program, any Referral Code, or any Affiliate Link, including but not limited to: - Paid search engine advertising (e.g., Google Ads, Bing Ads, or any pay-per-click platform); - Paid social media advertising (e.g., Meta/Facebook/Instagram Ads, TikTok Ads, X/Twitter Ads, YouTube pre-roll or sponsored placements, Reddit Ads, Snapchat Ads); - Paid display, banner, native, or programmatic advertising on any website or ad network; - Paid influencer or sponsorship placements that constitute advertising rather than organic content; - Any other paid media placement intended to drive traffic to an Affiliate Link, without the Company's prior written consent. 8.2 No Brand Name Bidding. Affiliates may not bid on, purchase, or otherwise use the Company's name, brand names, product names, trademarks, or any confusingly similar variations or misspellings thereof (including but not limited to "Funding Perpetuals," related product names, and close misspellings or combinations with terms such as "review," "discount," "coupon," or "promo code") as keywords, search terms, or targeting criteria in any paid search, paid social, or other paid advertising campaign, on any platform, at any time. Violation of this Section 8.2 is deemed a material breach of this Agreement and may result in immediate forfeiture of unpaid Commissions and termination under Section 12.
9. Prohibited & Malicious Practices
In addition to the restrictions in Section 8, Affiliates shall not engage in, facilitate, or attempt any of the following practices in connection with the Affiliate Program. The Company treats each of the following as a material breach of this Agreement: - Self-referral, fake accounts, or circular trading: using your own Referral Code to purchase a Challenge for yourself, or creating fictitious or duplicate User accounts to generate artificial Commissions. - Cookie stuffing / forced clicks: placing tracking cookies on a User's device without the User's knowledge or affirmative action, including via auto-redirects, hidden iframes, pop-unders, or pre-checked opt-ins. - Incentivized or fraudulent traffic: offering cash, rewards, sweepstakes entries, or other incentives to Users solely for clicking an Affiliate Link or making a purchase, other than the standard User discount, or generating referral traffic through bots, click farms, or automated scripts. - Spam and unsolicited communications: promoting Affiliate Links via unsolicited bulk email ("spam"), unsolicited SMS/text messages, unsolicited direct messages, or any communication that violates applicable anti-spam laws (e.g., CAN-SPAM, CASL, GDPR/ePrivacy). - Misleading or false claims: making false, exaggerated, misleading, or unsubstantiated claims about the Company, its Challenges, profit potential, payout speed, pass rates, or the likelihood of any User's trading success; guaranteeing outcomes the Company does not guarantee; or misrepresenting the terms of any Challenge, discount, or promotion. - Impersonation and brand misuse: registering domain names, social media handles, or business names that incorporate the Company's trademarks or confusingly similar variations; creating look-alike websites; or otherwise holding yourself out as the Company, an employee of the Company, or an official representative of the Company beyond your status as an independent Affiliate. - Coupon, deal, and cashback site misuse: listing the Company's Referral Codes on coupon, deal, or cashback aggregation sites without the Company's prior written consent, or advertising discount amounts different from those actually authorized under this Agreement. - Undisclosed sub-affiliation: recruiting, operating, or paying sub-affiliates to promote the Company without the Company's prior written consent and without those sub-affiliates independently agreeing to this Agreement. - Regulatory and platform violations: promoting the Company in a manner that violates applicable securities, commodities, financial promotion, or consumer protection laws, or that violates the terms of service of any advertising, social media, or hosting platform used. - Targeting inappropriate or restricted audiences: knowingly directing marketing at minors, or targeting jurisdictions where the Company's Challenges are not lawfully offered. - Any other deceptive, fraudulent, abusive, or bad-faith conduct intended to generate, inflate, or misattribute Commissions. The Company actively monitors referral activity for patterns consistent with the practices described above and reserves the right to withhold, deny, or claw back Commissions associated with any activity it reasonably determines, in its sole discretion, to violate this Section.
10. Intellectual Property; License
10.1 Limited License. Subject to compliance with this Agreement, the Company grants Affiliate a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use Company-provided marketing materials, logos, and trademarks ("Marketing Materials") solely to promote the Affiliate Program in accordance with this Agreement. 10.2 Restrictions. Affiliate may not modify, create derivative works from, or use Marketing Materials in any manner that disparages the Company or is false or misleading. All goodwill arising from use of the Company's trademarks inures solely to the Company's benefit. 10.3 Affiliate Content. Affiliate retains ownership of original content it creates (e.g., organic social posts, videos, reviews), subject to the Company's right to request removal of any content that violates this Agreement.
11. Independent Contractor Relationship
Affiliate participates in the Affiliate Program as an independent contractor. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship between the Company and Affiliate. Affiliate has no authority to bind the Company to any obligation and is solely responsible for its own business expenses, tax obligations, and compliance with applicable laws governing its marketing activities.
12. Term, Suspension & Termination
12.1 Term. This Agreement remains in effect for as long as Affiliate participates in the Affiliate Program. 12.2 Termination by Company. The Company may suspend or terminate an Affiliate's participation in the Affiliate Program at any time, with or without cause and with or without prior notice, in its sole and absolute discretion. 12.3 Effect of Termination — No Malicious Practices Detected. Where the Company terminates an Affiliate's participation and has not detected any violation of Section 9 (Prohibited & Malicious Practices) or other material breach of this Agreement, any Commissions on Qualified Sales that were pending as of the date of termination will be paid to the Affiliate in accordance with Section 7. 12.4 Effect of Termination — Malicious Practices Detected. Where termination results from the Company's determination, in its sole discretion, that the Affiliate engaged in conduct prohibited under Section 8 or Section 9, or otherwise materially breached this Agreement, the Company reserves the right to withhold and forfeit any pending, accrued, or unpaid Commissions, in addition to any other remedies available to the Company at law or in equity. 12.5 Termination by Affiliate. Affiliate may terminate participation in the Affiliate Program at any time by ceasing use of its Affiliate Link and providing notice to the Company. Commissions properly earned on Qualified Sales prior to such termination remain payable in accordance with Section 7, unless Section 12.4 applies. 12.6 Survival. Sections 7 (as to amounts properly owed), 9, 10, 11, 13, 14, 16, and 17 survive termination of this Agreement.
13. Disclaimers
THE AFFILIATE PROGRAM AND ALL RELATED MATERIALS, DASHBOARDS, AND TRACKING TOOLS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE AFFILIATE PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT TRACKING WILL BE ACCURATE IN ALL CIRCUMSTANCES.
14. Limitation of Liability; Indemnification
14.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE TOTAL COMMISSIONS PAID TO AFFILIATE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 14.2 Indemnification. Affiliate agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Affiliate's breach of this Agreement; (b) Affiliate's marketing activities, including any violation of Section 8 or Section 9; or (c) Affiliate's violation of applicable law.
15. Modifications to This Agreement
The Company reserves the right to modify this Agreement, including commission rates, tier structures, payment terms, and program rules, at any time. Material changes will be communicated via the Affiliate Dashboard, email, or posting of an updated Agreement with a revised "Last Updated" date. Continued participation in the Affiliate Program after the effective date of any change constitutes acceptance of the revised Agreement. If Affiliate does not agree to a modification, Affiliate's sole remedy is to terminate participation in the Affiliate Program.
16. Confidentiality
Affiliate agrees to keep confidential any non-public information disclosed by the Company in connection with the Affiliate Program, including commission structures not generally published, unreleased promotions, and internal performance data, and to use such information solely for purposes of performing under this Agreement.
17. General Provisions
17.1 Governing Law; Venue. This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the courts located in Dover, Delaware for any dispute arising out of or related to this Agreement. 17.2 Entire Agreement. This Agreement, together with any documents incorporated by reference (including any Group Partner tier schedule), constitutes the entire agreement between the parties regarding the Affiliate Program and supersedes all prior agreements or understandings, written or oral, relating to its subject matter. 17.3 Assignment. Affiliate may not assign or transfer this Agreement or any rights hereunder without the Company's prior written consent. The Company may assign this Agreement freely, including in connection with a merger, acquisition, or sale of assets. 17.4 Severability. If any provision of this Agreement is held unenforceable, the remaining provisions will remain in full force and effect. 17.5 No Waiver. The Company's failure to enforce any provision of this Agreement is not a waiver of its right to do so later. 17.6 Notices. Notices to Affiliate may be provided via the email address or Affiliate Dashboard associated with the Affiliate's account. Notices to the Company should be sent to [email protected].
Acknowledgment & Acceptance
By checking the box, clicking "I Agree," or otherwise submitting an application to the Affiliate Program, you confirm that you have read and understood this Agreement, that you meet the eligibility requirements described in Section 2, and that you agree to be legally bound by its terms.