Funding Affiliate Program Terms

1.Acceptance

These Affiliate Program Terms (the “Terms”) govern your participation in the Fund My Brand Funding Affiliate Program (the “Program”), operated by Fund My Brand LLC, a California limited liability company (“Company”, “we”, “us”). By applying to, being accepted into, or participating in the Program, you (“Affiliate”, “you”) agree to these Terms.

These Terms incorporate our Privacy Policy and Terms & Conditions. Where they conflict on a Program matter, these Terms control.

2.Eligibility

To participate you must be at least 18 years old, have capacity to enter a binding contract, and provide accurate registration and tax information. We may refuse or revoke participation at our discretion.

You may not participate if you are prohibited from doing so under applicable law, or if your promotional activity would require a licence, registration, or bond you do not hold. See section 13.

You may not refer yourself. Commissions are not payable on enrollments by you, your household, entities you control, or transactions arranged primarily to generate a commission.

3.Enrollment and approval

Acceptance is not automatic. We review applications and may approve or decline without stating a reason. Participation begins only on written acceptance and issuance of your affiliate link. Applying does not create an affiliate relationship.

4.Affiliate links and tracking

On approval you receive a unique tracking link. A referral is attributed to you when a prospect reaches us through that link and subsequently enrolls, subject to the tracking rules below.

• Attribution model: last click. Where a prospect arrives through more than one affiliate link, the most recent link before enrollment receives credit.
• Attribution window: 60 days from the click.
• Tracking is cookie-based and therefore imperfect. Blocked cookies, cleared browsers, device switching, privacy tooling, and direct or offline enrollment may prevent attribution. We do not manually reassign commissions for untracked referrals, and our records are the record of attribution.
• No cookie stuffing, forced clicks, iframe injection, adware, browser extensions, or any method that sets tracking without a genuine click.

5.Commission structure

Affiliates earn on two separate events. Neither is payable unless the transaction qualifies under section 7.

6.Commission tiers TBD

Your funding commission rate is 2%, 3%, or 4%, determined by your tier. Your current tier is shown in your affiliate account.

7.Qualifying transactions

A commission is earned only on a qualifying transaction. A transaction does not qualify, and no commission is payable, where:

• the enrollment fee or funding is refunded, cancelled, charged back, reversed, or disputed;
• the referral was already a client, or was in our pipeline before your click;
• the transaction is fraudulent, duplicated, or generated in breach of these Terms;
• the referral resulted from prohibited promotional activity under section 10;
• funding was not actually received by the client, or cannot be verified by us;
• the client fails to pay fees owed to us in connection with the transaction.

Funding commissions are earned on verification, not on approval. An approval, an offer, a stated credit limit, or an application in progress does not create a commission. Only capital actually received and verified does.

8.Payment

• Schedule: commissions on qualifying transactions are paid TBD — recommended: net 15 following the close of the month in which the transaction qualified.
• Holdback: enrollment commissions are held for TBD days after the enrollment fee clears, to cover the refund window.
• Minimum payout: TBD. Balances below the threshold roll forward.
• Method: as configured in your affiliate account. You are responsible for the accuracy of your payment details; we are not liable for funds sent to details you supplied.
• Currency and fees: commissions are stated and paid in US dollars. Transfer, currency conversion, and processor fees are yours.
• Unclaimed balances: if your account is inactive and we cannot reach you, balances are handled under applicable unclaimed property law.

9.Reversals and clawbacks

If a transaction later stops qualifying — refund, chargeback, reversal, cancelled funding, or discovery of breach — the related commission is reversed. We may deduct the amount from your pending or future commissions. Where no future commissions are expected, you agree to repay the amount on request. We may withhold payment while investigating a suspected breach.

10.Promotional restrictions

This is the section most likely to end your participation. Read it.

You must never

• Promise or guarantee funding, approval, any funding amount, credit limit, interest rate, promotional rate, term, or approval timeline. Not in writing, not verbally, not by implication, not “off the record”.
• State or imply that enrollment guarantees or assures any outcome.
• Present your own results, or anyone's, as typical, expected, or representative.
• Fabricate testimonials, screenshots, funding figures, or approval evidence.
• Describe the Program or the funding service as “risk free”, “guaranteed approval”, “no credit check”, or equivalent.
• Advise on credit products, negotiate with lenders, complete applications for a prospect, or hold yourself out as able to do so. Your role is referral only — see section 12.
• Use spam, unsolicited SMS, robocalls, purchased lists, or any messaging that breaches CAN-SPAM, the TCPA, or equivalent law.
• Bid on our brand terms, trademarks, or misspellings in paid search, or use our name in a display URL, without prior written permission.
• Register domains, social handles, or app names containing our marks or confusingly similar terms.
• Represent yourself as the Company, an employee, a lender, a broker, or an authorised agent.
• Promote through coupon, cashback, incentive, or loyalty inventory without written permission.
• Promote on sites containing unlawful, discriminatory, or adult content.

Paid advertising TBD

Whether affiliates may run paid ads to their links, and on which platforms, has not been decided. Until it is, assume paid advertising requires written permission.

Claims we make are not claims you may make. Material we publish is written with disclosures attached and in a specific context. Lifting a figure out of it and putting it in a DM or an ad is your representation, not ours, and you are responsible for it.

11.Required disclosures

US Federal Trade Commission guidance requires that a material connection between an endorser and a seller be disclosed clearly and conspicuously. You have such a connection.

• Disclose that you earn a commission, in every post, video, email, story, DM, or page where you promote us — close to the recommendation, not only in a bio, a footer, or behind a “more” link.
• The disclosure must be in the same language as the promotion, and legible or audible in the format used. A hashtag buried in a block of hashtags is not sufficient.
• If you make any claim about results, disclose that results vary and that no funding outcome is guaranteed.

Reference: FTC Endorsement Guides.

12.No authority; independent contractor

You are an independent contractor. Nothing here creates an employment, partnership, joint venture, franchise, agency, or fiduciary relationship. You have no authority to bind the Company, make representations on its behalf, negotiate with any lender or funding provider, or accept anything on a client's behalf.

You control your own methods, hours, and expenses, and you receive no employee benefits.

13.Compliance with law

You are responsible for complying with all laws applicable to your promotional activity, including advertising, consumer protection, privacy, and electronic messaging law.

14.Intellectual property

We grant you a limited, non-exclusive, revocable, non-transferable licence to use the marketing materials and marks we supply, solely to promote the Program under these Terms and in the form supplied. You may not alter our marks, create derivative marketing that misstates the offer, or continue using either after termination. All goodwill accrues to us.

15.Confidentiality

Non-public information you receive through the Program — commission structures beyond what is published, client information, conversion data, systems, and unreleased offers — is confidential. Do not disclose or use it outside the Program. Client personal information in particular must not be retained, sold, or used for any purpose other than the referral itself. This survives termination.

16.Term and termination

Either party may terminate at any time, for any reason, on written notice. We may suspend or terminate immediately, without notice, for suspected breach, fraud, or conduct that exposes us to legal or reputational risk.

On termination you must stop using your links, our marks, and our materials. Commissions on qualifying transactions completed before termination remain payable, subject to sections 7 and 9 — except where termination was for breach or fraud, in which case unpaid commissions are forfeited. Pending funding commissions on referrals enrolled before termination remain eligible for TBD days after termination.

17.Modification

We may modify these Terms, commission rates, tiers, and the attribution window at any time. Material changes take effect TBD days after we post them or notify you, whichever is earlier. Changes apply prospectively; commissions already earned on qualifying transactions are not reduced retroactively. Continued participation after the effective date is acceptance.

18.Disclaimers

The Program is provided “as is”. To the maximum extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not represent that you will earn any amount. Nothing in the Program, its marketing materials, its calculators, or its examples is a projection, guarantee, or representation of your earnings. Most participants in affiliate programs generally earn little or nothing. Your results depend on your own effort, audience, methods, and factors outside anyone's control, including whether your referrals enroll and whether they are funded.

We do not warrant uninterrupted tracking, continued availability of the Program, or that any referral will enroll or be funded.

19.Limitation of liability

To the maximum extent permitted by law, the Company is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost commissions, or lost opportunity, arising out of or relating to the Program, even if advised of the possibility.

Our aggregate liability arising out of or relating to the Program will not exceed the total commissions paid to you in the six months preceding the event giving rise to the claim.

Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

20.Indemnification

You will indemnify, defend, and hold harmless the Company, its members, officers, and affiliates from any claim, loss, liability, damage, penalty, or expense (including reasonable legal fees) arising out of your promotional activity, your breach of these Terms, your representations to any prospect, your breach of any law, or your infringement of any third party right.

21.Taxes

You are solely responsible for all taxes on commissions you receive. We do not withhold. US affiliates must supply a valid Form W-9 before payment; we may withhold payment until we have it. Where required, we will issue a Form 1099. Non-US affiliates must supply the appropriate Form W-8, and payments may be subject to withholding.

22.Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict of laws principles.

TBD — choose one before launch, and have counsel draft it: (a) exclusive jurisdiction in the state and federal courts of Los Angeles County, California; or (b) binding individual arbitration with a class action waiver and a small claims carve-out. Option (b) needs specific drafting to be enforceable and is not included here as boilerplate.

23.General

These Terms are the entire agreement between you and the Company regarding the Program and supersede prior discussions. If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may. Notices to you go to the email on your affiliate account; notices to us go to support@fundmybrand.com.