FundingRock Affiliate Terms & Conditions
Version 13.5 • Last updated: September 19, 2025
These Affiliate Terms and Conditions (the “Terms” or the “Agreement”) govern participation in the FundingRock affiliate program (the “Affiliate Program”). By enrolling, you (“Affiliate,” “you,” “your”) agree to be bound by these Terms with Mindwave Training Ltd., doing business as FundingRock (“Company,” “we,” “us,” “our”).
- Introduction
1.1 These Terms set out the rights and obligations between the Company and the Affiliate regarding referrals of new, organic customers who purchase Company Products. The Affiliate acts only as a referrer and is not our agent, representative, broker, or intermediary.
1.2 This Agreement is nonexclusive. Either party may engage with other partners or programs.
1.3 Company Details. Legal entity: Mindwave Training Ltd., doing business as FundingRock. Registered office: Agias Elenis 36, Galaxias Commercial Center, 4th floor, Flat/Office 401, 1061 Nicosia, Cyprus. Company number: 471803. Telephone: +357 22 032052. Contact: [email protected] (copy: [email protected]).
- Definitions
- Account: A user account on the Company’s website(s), created by a customer or Affiliate-user.
- Affiliate Link: A unique URL and/or tracking code allocated to the Affiliate to attribute referrals.
- Affiliate Program: The program under which Affiliates refer Customers to the Company for Commission.
- Affiliate Website: Any website, landing page, social media profile, newsletter, or media channel controlled by the Affiliate and used to promote the Company.
- Commission: Consideration due to the Affiliate as described in Section 7.
- Commission Structure: The thencurrent schedule of percentage payments or other rewards agreed with the Affiliate.
- Company Website(s): fundingrock.com and any other domains, subdomains, or mirror sites notified by us from time to time.
- Confidential Information: Nonpublic information relating to the Company (including business, technical, commercial, and personal data) disclosed in any form.
- Customer / Referral: A new, organic customer who registers and purchases a Product via a valid Affiliate Link.
- Dashboard: The portal we provide to view tracking, performance and (where relevant) affiliate details.
- Intellectual Property Rights (IPR): All copyrights, trademarks, service marks, logos, domain names, trade dress, and related goodwill.
- Payment Agent: A third party engaged by the Company to process payments to Affiliates.
- Personal Data: Any information that identifies, or can reasonably identify, a person.
- Products: Our evaluation challenges and other proprietary tradingrelated digital products or services as described on the Company Website(s) (simulated trading tools; no investment services).
- Restricted Jurisdictions: Jurisdictions designated by us as restricted or sanctioned and published on the Company Website(s), as updated from time to time.
- Super Affiliate: An Affiliate permitted, under a separate written agreement, to introduce subaffiliates.
- Visitor: Any user who lands on the Company Website(s) via an Affiliate Link.
- Written Notice: Email or other written communication accepted by the Company for notices under these Terms.
- Becoming an Affiliate
Eligibility: Minimum age 18, legal capacity, no residency in Restricted Jurisdictions, local compliance responsibility, existing user account required.
Enrollment: Accept Terms in Dashboard; Company may reject or terminate at discretion.
Credentials: Keep login details secure; Affiliate is responsible for all activity.
- Program Use & Affiliate Obligations
- Program is for direct participation; not transferable.
- Promote in good faith; do not misrepresent; comply with laws.
- Websites/channels must be legal, noninfringing, and clearly separate from Company.
- No unsuitable placements (e.g., minors, illegal, hate, piracy).
- Use only Affiliate Links provided; Company tracking records prevail.
- Super Affiliates require separate agreement.
- Validity of Customers
- Must not target or refer under18s or ineligible customers.
- Company may refuse or suspend Customers at discretion.
- Affiliates must notify Company if referred customers are flagged for sanctions/fraud.
- Marketing, Claims & Email
- Preapproval required for trademarks, logos, banners, or creatives.
- Affiliates must obtain valid consent for email/messaging; Company is not sender.
- No bidding on brand terms, registering confusing domains, or implying regulatory/licensed status.
- No ROI/performance guarantees may be made.
- Remuneration & Payment
Default Commission Structure:
|
Tier
|
Commission
|
|
Standard (0 – 99 signups)
|
10% per referral
|
|
Advanced (100 – 249 signups)
|
15% per referral
|
|
Elite (250+ signups)
|
20% per referral
|
|
|
Weekly calculations; subject to minimum thresholds.
- Paid via Payment Agent to USDC or other approved methods.
- Affiliates responsible for taxes.
- Disputes must be raised within 14 days.
- No commission for promotion without purchases.
- Chargebacks: If a referred Customer’s transaction is reversed, refunded, or results in a chargeback, any related Commission will not be paid (or will be deducted from future payouts if already paid).
- Intellectual Property & Content Use
- No registering confusing domains or handles.
- No copying/distributing content without consent.
- Only approved assets may be used; follow brand guidelines.
- Creative Approvals
- Prior written approval needed for creatives (unless supplied by Company).
- No modifications to approved materials.
- Keep records of approvals.
- Targeting & Restricted Countries
- Do not promote in Restricted Jurisdictions or where illegal.
- Affiliates in Restricted Jurisdictions or under sanctions may not participate.
- List of Restricted Jurisdictions updated periodically.
- Additional Obligations
- Affiliates bear all costs and risks.
- Provide cooperation/information for monitoring.
- Comply with Affiliate Guidelines.
- Affiliate Rights
- Nonexclusive, nontransferable, revocable license to use approved promotional materials.
- Commissions obtained fraudulently must be repaid.
- Our Obligations
- Provide Affiliate Links and materials.
- Accept/refuse Customers at discretion.
- Collect Affiliate data for onboarding/KYC; process per Privacy Policy.
- Do not share Customer PII with Affiliates.
- Rights & Remedies
- Breach allows suspension, withholding commissions, account limits, or termination.
- Grounds include insolvency, confidentiality/data protection breaches, misrepresentation, fraud.
- Chargeback Clawback: Company reserves the right to claw back or offset commissions already paid if a Customer’s payment is later refunded or charged back.
- Relationship of the Parties
Independent contractors only. No partnership, agency, or employment created.
- Confidentiality
- Keep Confidential Information secure; use only for Program.
- No public announcements without written consent.
- Survives termination; breaches may incur penalties.
- Term & Termination
- Effective upon acceptance; either party may terminate immediately.
- On termination: cease use of IPR; remove Links/creatives; return/destroy property.
- Commissions may be voided in cases of fraud/malpractice.
- Indemnity & Liability
- Affiliate indemnifies Company for claims/losses arising from breach, negligence, fraud, or noncompliance.
- Company not liable for indirect, incidental, consequential, or punitive damages.
- Aggregate liability capped at commissions paid in preceding 3 months.
- Warranties & Disclaimers
Program and materials provided “as is.” No warranties of uninterrupted/errorfree operation.
- Force Majeure
No liability for delays or failures caused by events beyond control (war, terrorism, natural disasters, outages, regulatory actions).
- General Provisions
- Governing Law & Jurisdiction: Cyprus law; exclusive jurisdiction in Nicosia courts.
- Dispute Resolution: Goodfaith negotiation first.
- Assignment: Affiliate may not assign; Company may.
- Language: English controls.
- Severability: Invalid terms do not affect remainder.
- Amendments: Updates posted on Website/Dashboard.
- Entire Agreement: Supersedes prior agreements.
- No Waiver: Delay in enforcement not waiver.