Affiliate Agreement

1. Accepting this Agreement

1.1 You accept this Agreement by ticking the acceptance box when you join the Program. By ticking the box you confirm that you have read this Agreement, that you agree to it, and that you can legally enter into it.

1.2 This Agreement adds to the Fanout Terms of Service and Privacy Policy, which still apply to your use of your Fanout account. If this Agreement and the Terms of Service conflict about the Program, this Agreement controls.

2. Joining the Program

2.1 Anyone with a Fanout account in good standing can join the Program instantly by ticking the acceptance box. There is no separate application.

2.2 You must give us accurate account, payout and tax information and keep it up to date.

2.3 Once you join, we give you a unique referral link (and, if we offer them, a referral code). You may not share, sell or transfer your link, your code or your affiliate account.

3. Referrals and attribution

3.1 Last click. A customer is referred by you when they click your referral link and then create a Fanout account within 30 days of that click. If the customer clicked more than one affiliate’s link, the last link clicked before signup gets the referral.

3.2 Locked at signup. Attribution is fixed when the customer creates their Fanout account. It does not change later, even if the customer clicks another affiliate’s link afterward.

3.3 Tracking. We track referrals with cookies and similar technology and with our own records. Referrals we cannot track (for example, because the customer blocked cookies or did not use your link) are not credited to you. Our records decide whether a referral is attributed to you.

3.4 Referred Customer. A “Referred Customer” is a customer attributed to you under this section who pays at least one invoice.

4. Discount for Referred Customers

4.1 Customers who sign up through your referral link or code get 10% off their first 3 months of the Service.

4.2 The discount cannot be combined with founding pricing or with any other discount, promotion or code.

5. Commission

5.1 What you earn. You earn commission on the Net Revenue from each of your Referred Customers for as long as that customer keeps paying for Fanout, starting from their first paid invoice. Commission from a customer stops when they cancel or stop paying, and no commission is earned on amounts that are refunded or charged back (section 9). This lifetime commission continues only while the Program exists and you remain in good standing under this Agreement, and it ends if you are removed for inactivity (section 7) or your participation is terminated (section 16.3).

5.2 Net Revenue. “Net Revenue” means the amounts Referred Customers actually pay on their Fanout invoices, minus refunds, and not counting sales tax, VAT or other taxes.

5.3 Monthly tiers. Your commission rate for a calendar month is set by your total Net Revenue for that month, counted from 12:00 a.m. U.S. Eastern Time on the 1st of the month until the end of the month:

5.4 One rate for the whole month. The rate for the tier you reach in a month applies to all of your Net Revenue for that month, not just the amount above each tier threshold.

5.5 Monthly reset. Tiers reset on the 1st of each month, U.S. Eastern Time. Each month starts again at the 15% tier.

5.6 Which revenue counts. Only Net Revenue that earns commission under section 5.1 counts toward your tier.

5.7 All amounts are in U.S. dollars.

6. Self-referrals

6.1 If you use your own referral link or code, or a customer account that you own, control or share, signs up through it, that account still gets the customer discount in section 4. You earn no commission on it, and its revenue does not count toward your tier.

6.2 We decide whether an account is yours or controlled by you, using signals such as name, email, payment method, device, IP address and household.

7. Removal for inactivity

7.1 The 60-day rule. You must bring in at least one new Referred Customer who pays their first invoice every 60 days. The 60 days start on the day you join the Program and start again each time a new Referred Customer pays their first invoice.

7.2 Warning. We will email you about 15 days before you would be removed.

7.3 Removal. If 60 days pass without a new Referred Customer paying their first invoice, you are removed from the Program. From the removal date:

• your referral link and code stop working, and no new customers are attributed to you;
• you stop earning commission, including lifetime commission on your existing Referred Customers; and
• commission you earned before removal is still paid under section 8 once it clears, even if your final balance is below $50.

7.4 Re-joining. You may join the Program again later. If you do, you start fresh: your earlier Referred Customers are not attributed to you again.

8. Payouts

8.1 Holding period. Each commission is held for 30 days after the invoice it comes from is paid. After the 30 days, the commission is “cleared” and becomes payable.

8.2 Payment date. We pay once a month, on the 15th, for commission earned in the prior month that has cleared. Commission that has not cleared by the 15th is paid in a later monthly payout once it clears. If the 15th is not a business day, we pay on the next business day.

8.3 Minimum. The minimum payout is $50. If your cleared balance is below $50, it rolls over to the next month until it reaches $50.

8.4 How we pay. We pay through Stripe Connect. To receive payouts, you must create or connect a Stripe account through the link we provide, complete Stripe’s identity and tax checks, and keep it in good standing. Your use of Stripe is governed by Stripe’s own terms. We are not responsible for delays or losses caused by wrong payout details you give us.

8.5 Fees. You pay any Stripe payout, currency conversion or bank fees charged on your payouts. We may deduct them from your payout.

8.6 Holds for review. We may hold a payout while we review possible fraud, self-referral, a breach of this Agreement, or a refund or chargeback.

8.7 Statements. You can see your referrals, commission and payout history in your affiliate dashboard. If you think a payout is wrong, tell us within 60 days of the payout date. After that, the payout is final.

9. Refunds, chargebacks and clawback

9.1 If a Referred Customer’s payment is refunded, charged back or reversed, the commission on that payment is void.

9.2 If we already paid you that commission, we may recover it by:

• deducting it from your current or future commission (set-off); or
• if your balance is not enough, asking you to repay it, and you must repay it within 30 days of our request.

9.3 If a refund or chargeback would have changed your tier for a month, we may recalculate that month’s commission at the correct tier.

10. Identity verification and taxes

10.1 Stripe verification. To receive payouts, you must complete Stripe’s identity verification and give Stripe the tax information it asks for when you set up payouts. Stripe, not Fanout, collects this information.

10.2 Payouts only while verified. We pay commission only while your Stripe account is verified and payouts are enabled on it. Commission keeps accruing in the meantime.

10.3 More information. Stripe may ask you for more information at any time. If you don’t provide it, Stripe may pause your payouts until you do.

10.4 Tax forms. Where the law requires, tax forms (such as IRS Form 1099) are issued through Stripe. Tax may be withheld where the law requires.

10.5 Your taxes. You are responsible for all taxes on your commission.

11. How you may promote Fanout

11.1 Be truthful. Everything you say about Fanout must be accurate, honest and based on your own real experience or on materials we approve. Describe Fanout as trade-copying software, not as a prop firm, broker or investment adviser.

11.2 You must not:

1. Make income or performance claims. Do not claim or suggest that anyone will earn money, profit, get funded or receive payouts by using Fanout.
2. Make “pass” claims. Do not claim or suggest that Fanout helps anyone pass an evaluation, pass a challenge or get funded (for example, “pass evals” or “pass your challenge”).
3. Imply endorsement or affiliation. Do not suggest that Fanout is endorsed by, sponsored by, affiliated with or approved by any prop firm, broker, exchange or trading platform, or that you are.
4. Say copy trading is allowed everywhere. Prop firms set their own rules on copy trading, and some limit or ban it. Do not say or suggest that copying is allowed at every firm or at any particular firm unless that firm’s current rules say so. Tell your audience to check and follow their own firm’s rules.
5. Bid on our brand. Do not bid on “Fanout”, “Fanout Trader”, “fanout.trade” or any misspelling or variation of them in paid search, paid social or other keyword advertising, and do not use them in ad copy or display URLs.
6. Spam. Do not send unsolicited email, texts, direct messages, calls or posts. You must follow the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA) and all other anti-spam and marketing laws, and the rules of every platform and community you post in.
7. Commit fraud or cookie stuffing. Do not use cookie stuffing, forced clicks, hidden links, iframes, bots, fake accounts, incentivized or misleading clicks, or any other method that creates referrals that are not genuine.
8. Impersonate. Do not pretend to be Fanout, a Fanout employee or support agent, or any other person or company. Do not register domain names, social media handles or app names that contain “Fanout” or something confusingly similar.
9. Give advice for us. Do not give investment, trading or tax advice on Fanout’s behalf.
10. Break the law. Do not promote Fanout in any way that breaks a law or a third party’s rights, or next to illegal, hateful, adult or otherwise harmful content.

11.3 We may ask you to change or remove any promotion. You must do so within 48 hours of our request.

12. FTC disclosure

12.1 Every promotion of Fanout you make must include a clear and conspicuous disclosure that you are a Fanout affiliate and may earn a commission (a “material connection”), as required by the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255).

12.2 The disclosure must be easy to see and understand, close to the endorsement or link, and in the same format (for example, said out loud in a video and shown on screen). A link to a separate disclosure page, or a hashtag alone in a hard-to-see place, is not enough. An example: “I’m a Fanout affiliate and earn a commission if you sign up through my link.”

12.3 You must follow the disclosure laws of every country where your audience is.

13. License to use Fanout marks and materials

13.1 While you are in the Program, we give you a limited, revocable, non-exclusive, non-transferable license to use the Fanout name, logos and the promotional materials we approve, only to promote the Service under this Agreement.

13.2 You must follow any brand guidelines we provide and must not change our marks or materials. We own our marks and materials; you get no other rights in them. Your license ends when your participation ends, and you must then stop using them.

14. Confidentiality

14.1 Information we share with you that is not public (for example, non-public commission terms, product plans, customer information and reports) is confidential. You must use it only for the Program and not share it with anyone.

14.2 If you receive any personal information about customers, you must protect it and use it only as the law and this Agreement allow.

15. Independent contractor

You are an independent contractor. This Agreement does not create a partnership, joint venture, agency, franchise or employment relationship. You may not make promises, sign contracts or act on behalf of Fanout. You are responsible for your own costs, staff and taxes.

16. Changes, suspension and termination

16.1 Changes. We may change this Agreement or the Program (including commission rates, tiers, discounts and payout terms) at any time. We will give notice by posting the updated Agreement at fanout.trade/affiliate-terms or by emailing you. Changes take effect when posted or on the date we state. If you keep participating after a change takes effect, you accept the change. Changes to commission rates or tiers apply only to Net Revenue from the month after the change takes effect, and no change ever reduces commission you earned before it took effect.

16.2 Suspension and termination. We may suspend or terminate the Program, or your participation in it, at any time, with or without cause, by posting notice or by emailing you. You may leave the Program at any time by telling us.

16.3 What happens on termination.

• Your referral link and code stop working, no new customers are attributed to you, and you stop earning new commission.
• Commission you earned before termination is paid under section 8 once it clears, and we will pay your final cleared balance even if it is below $50.
• If we terminate you for a breach of this Agreement or for fraud, you lose all unpaid commission, and we may recover commission paid on fraudulent or invalid referrals.
• You must stop using our marks and materials and remove your Fanout promotions.

16.4 Sections 9, 10, 14, 15, 16.3 and 17 to 21 continue after this Agreement ends.

17. Indemnity

You will defend, indemnify and hold harmless Fanout and its owners, employees and contractors from all claims, losses, fines, damages and costs (including reasonable legal fees) arising from your promotions, your content, your breach of this Agreement, or your violation of any law or third-party right.

18. Disclaimer

The Program, the Service, our tracking and our materials are provided “as is” and “as available”. We do not promise that the Program will make you any money, that tracking will be error-free, or that the Program or the Service will be uninterrupted. To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

19. Limitation of liability

19.1 To the extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from this Agreement or the Program.

19.2 Our total liability to you for all claims arising from this Agreement or the Program is limited to the total commission we paid you in the 12 months before the event that gave rise to the claim.

20. Governing law and disputes

20.1 This Agreement is governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules.

20.2 Talk to us first. Before starting any claim, you agree to email support@fanout.trade with a description of the dispute and give us 30 days to try to resolve it informally.

20.3 Courts. If we can’t resolve it, any dispute arising out of or relating to this Agreement or the Program will be brought only in the state courts located in Palm Beach County, Florida, or the federal courts for that county, and you and Fanout consent to their jurisdiction. Either party may bring an individual claim in small claims court, and either party may seek urgent or injunctive relief in any court with jurisdiction to protect its trademarks or confidential information.

21. General

21.1 Entire agreement. This Agreement, together with the Fanout Terms of Service and Privacy Policy, is the entire agreement between you and us about the Program. It replaces any earlier promises or discussions about it.

21.2 Assignment. You may not transfer this Agreement. We may transfer it to a successor or affiliate.

21.3 Severability and waiver. If a court finds part of this Agreement unenforceable, the rest stays in effect. If we do not enforce a term, we have not waived it.

21.4 Notices. We send notices to the email on your Fanout account or by posting them on fanout.trade. You can send notices to us through the contact details on fanout.trade.

21.5 Acceptance. By ticking the acceptance box, you agree to this Agreement, version v1.