FUNDINGAFFILIATES IS A REFERRAL PLATFORM. YOU ARE AN INDEPENDENT CONTRACTOR, NOT AN EMPLOYEE. YOU ARE NOT A LENDER AND MAY NOT REPRESENT YOURSELF AS ONE.
1. Agreement to Terms
By creating a partner account on FundingAffiliates.com, you agree to be bound by these Partner Terms of Service. If you do not agree to these terms, do not create an account or use our services.
2. Description of Service
FundingAffiliates operates a referral platform that enables independent partners to refer businesses seeking funding to our network of lending partners. Partners earn commissions when referred businesses are successfully funded.
FundingAffiliates is not a lender, does not make credit decisions, does not guarantee funding approvals, and does not control lending terms. We facilitate connections between business owners and lenders.
3. Partner Relationship
A. Independent Contractor Status
You are an independent contractor, not an employee, agent, joint venturer, or partner of FundingAffiliates. You have no authority to bind FundingAffiliates to any agreement or obligation. You are solely responsible for your own taxes, insurance, and business expenses.
B. No Exclusive Relationship
This is a non-exclusive relationship. You may participate in other referral programs or business activities. FundingAffiliates may work with other partners and modify or terminate the program at any time.
C. No Employment Benefits
As an independent contractor, you are not entitled to employee benefits including health insurance, retirement benefits, unemployment insurance, workers' compensation, or paid time off.
4. Eligibility Requirements
To become a partner, you must:
- Be at least 18 years of age
- Have the legal authority to enter into this agreement
- Provide accurate contact and business information
- Possess a valid Tax ID (EIN) or Social Security Number (SSN) for tax reporting purposes
- Maintain an active business or professional practice (accountant, consultant, advisor, etc.)
- Comply with all applicable laws and regulations in your jurisdiction
- Not be located in a jurisdiction where this program is prohibited
5. Prohibited Activities
As a partner, you may NOT:
- Represent yourself as a lender, loan officer, or credit decision maker
- Make promises or guarantees about approval, funding amounts, or terms
- Misrepresent the nature of our services or lending partners
- Make false or misleading statements to potential applicants
- Use spam, unsolicited communications, or deceptive marketing practices
- Engage in fraudulent activity including submitting fake applications or self-referrals
- Manipulate or game the referral system
- Bid on FundingAffiliates trademarks or branded keywords in paid search campaigns
- Use automated bots or scripts to generate fraudulent referrals
- Share your account credentials with others
- Violate any applicable law including TCPA, CAN-SPAM, GDPR, or consumer protection laws
- Engage in any activity that damages FundingAffiliates' reputation or business relationships
6. Permitted Marketing Activities
You may:
- Share your unique referral link with business owners in your professional network
- Mention FundingAffiliates as a funding resource in client communications
- Include your referral link on your business website or in email signatures
- Discuss funding options with clients who express interest
- Use marketing materials provided by FundingAffiliates (if any)
All marketing must be truthful, not misleading, and comply with applicable advertising laws.
7. Referral Process
A. How Referrals Work
You share your unique referral link with business owners. When a business applies through your link, you are credited as the referring partner. If the business is successfully funded through our lending network, you earn a commission.
B. Referral Tracking
Referrals are tracked via your unique URL slug. We use cookies and other tracking technologies to attribute applications to your account. Referral attribution is determined by FundingAffiliates in our sole discretion.
C. API/Webhook Access (Advanced Partners Only)
API access for webhook-based referral submissions is available only to pre-screened partners who meet the following requirements:
Eligibility Requirements:
- Minimum 90 days as an active partner with good standing
- Minimum 10 successfully funded referrals via standard referral link
- Approval rate of 50% or higher on submitted referrals
- Zero instances of fraudulent activity or Terms violations
- Completion of API partner application and approval process
- Signed API Access Addendum
If granted API access, you agree to:
- Obtain explicit, documented TCPA consent from each merchant before submission
- Include in every API payload: sms_consent, call_consent, consent_timestamp, consent_ip_address, consent_text
- Store proof of consent for 3 years
- Provide consent documentation upon request within 48 hours
- Implement rate limiting (maximum 100 API calls per 24 hours without prior approval)
- Not circumvent duplicate detection or attribution systems
- Immediately cease API submissions if requested by FundingAffiliates
Consent Requirements: Your consent collection must include at minimum a clear disclosure that the merchant will receive calls and SMS from FastFundApp and lending partners, statement that calls may be autodialed or pre-recorded, "Reply STOP to opt out" language for SMS, statement that consent is not required to apply for funding, and an explicit opt-in mechanism (pre-checked boxes are NOT acceptable).
Liability: You are solely responsible for obtaining proper consent. You indemnify FundingAffiliates against any TCPA claims, fines, or lawsuits arising from merchants you submitted via API.
D. Eligibility for Commission
To earn a commission, the referred business must:
- Apply through your unique referral link or via approved API submission
- Be successfully funded by a lending partner in our network
- Not have applied through FundingAffiliates or our lending partners within the past 180 days
- Provide accurate and truthful information
- Not be a self-referral or referral of your own business
- Have valid consent documentation (if submitted via API)
8. Commission Structure
A. Commission Rates
Your commission rate is a percentage of the total commission FundingAffiliates receives from the lending partner when your referral is successfully funded. The applicable commission rate is displayed in your partner dashboard and may vary based on your partner agreement, deal type, lender, and program terms.
FundingAffiliates reserves the right to set, adjust, or modify commission rates at any time. Changes to commission rates will be communicated with at least 30 days' notice and will not affect commissions on deals already in progress at the time of the change.
B. Commission Payment Terms
- Commissions are calculated after the referred business is funded and FundingAffiliates receives payment from the lending partner
- Payments are processed weekly via Stripe Connect to your connected bank account
- Minimum payout threshold: $100 USD
- Commissions below the threshold roll over to the next payment period
- Payment typically occurs 7–14 days after the referred business is funded
C. Tax Reporting
You are responsible for all taxes on commission income. FundingAffiliates will issue IRS Form 1099-NEC if you earn $600 or more in a calendar year. International partners must complete Form W-8BEN and are responsible for taxes in their jurisdiction.
D. Commission Disputes
Commission calculations are final unless you dispute them within 30 days of payment. Disputes must be submitted in writing to moc.setailiffagnidnuf@snoissimmoc with supporting documentation.
9. Payment Processing
A. Stripe Connect
Payments are processed via Stripe Connect. You must complete Stripe's identity verification and connect a valid bank account to receive payments.
B. Payment Failures
If payment fails due to incorrect banking information, closed accounts, or verification issues, you are responsible for updating your information. We are not liable for failed payments due to incorrect information you provided.
C. Chargebacks and Clawbacks
If a funded deal results in a chargeback, refund, or cancellation within 90 days, FundingAffiliates reserves the right to deduct the corresponding commission from your future earnings or request repayment.
10. Account Termination and Suspension
A. Termination by You
You may terminate your partner account at any time by contacting us at moc.setailiffagnidnuf@srentrap. Termination does not affect commissions earned prior to termination.
B. Termination by FundingAffiliates
We may suspend or terminate your account immediately, with or without notice, for any reason including:
- Violation of these Terms
- Fraudulent activity or submission of false information
- Poor quality referrals (consistent approval rates below 15% after 10+ submissions)
- Violation of applicable laws
- Conduct that harms FundingAffiliates, our lending partners, or other users
- Inactivity for more than 12 months
C. Effect of Termination
Upon termination: your access to the partner portal is revoked, your referral links become inactive, pending commissions (already earned but not yet paid) will be paid out according to normal schedule, commissions for deals in progress (applied but not yet funded) are forfeited unless otherwise agreed in writing, and you must cease all use of FundingAffiliates trademarks and marketing materials.
11. Representations and Warranties
You represent and warrant that:
- All information you provide is accurate, current, and complete
- You have the legal right and authority to enter into this agreement
- You will comply with all applicable laws including tax, advertising, and consumer protection laws
- You will not engage in any fraudulent, deceptive, or unlawful activities
- Any businesses you refer are legitimate and the referrals are made in good faith
- You have obtained necessary consents from referred businesses to share their information
- You are not prohibited from entering into this agreement by any prior agreement or legal restriction
12. Confidentiality
You agree to keep confidential any non-public information about FundingAffiliates, our business practices, commission structures, lending partners, and partner performance data. This obligation survives termination of this agreement.
You may not disclose:
- Commission rates and payment terms to non-partners
- Lending partner identities or relationships
- Proprietary business processes or technology
- Other partners' performance or contact information
13. Intellectual Property
A. FundingAffiliates Property
All trademarks, logos, service marks, trade names, and other intellectual property displayed on FundingAffiliates.com are owned by FundingAffiliates or its licensors. You may not use these without prior written permission except as explicitly permitted in these Terms.
B. Limited License
We grant you a limited, non-exclusive, non-transferable license to use FundingAffiliates trademarks solely for the purpose of promoting your referral link in accordance with these Terms. This license terminates upon termination of your partner account.
C. Restrictions
You may not:
- Modify FundingAffiliates logos or trademarks
- Use FundingAffiliates branding in a way that implies endorsement, partnership, or sponsorship beyond the referral relationship
- Register domain names, social media accounts, or trademarks containing "FundingAffiliates" or confusingly similar terms
14. Limitation of Liability
FundingAffiliates shall not be liable for:
- Any loss of commissions due to technical errors, system downtime, or tracking failures
- Decisions by lending partners regarding approvals, denials, or funding terms
- Delays in commission payments due to lending partner payment delays
- Any tax obligations or penalties resulting from your commission income
- Any disputes between you and referred businesses
- Any indirect, incidental, special, consequential, or punitive damages including lost profits or lost commissions
- Any damages arising from termination or suspension of your account
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.
15. Liability Cap
To the maximum extent permitted by law, FundingAffiliates' total aggregate liability to you for any and all claims arising from your participation in the partner program shall not exceed the total commissions paid to you in the 12 months preceding the claim, or $1,000 USD, whichever is greater.
16. Disclaimer of Warranties
The partner program is provided "as is" and "as available" without warranties of any kind, either express or implied.
We do not warrant that:
- The partner portal will be uninterrupted or error-free
- Referral tracking will be 100% accurate
- Any specific number of referrals will result in funding
- Commissions will be earned on any particular referral
- Commission rates or program terms will remain unchanged
17. Indemnification
You agree to indemnify, defend, and hold harmless FundingAffiliates, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your violation of these Terms
- Your marketing activities or representations to potential applicants
- Your violation of any applicable law or regulation
- Any fraudulent or deceptive practices
- Any dispute with a referred business
- Your breach of representations and warranties
- Any tax obligations or penalties related to your commission income
- Any infringement of intellectual property or privacy rights
18. Dispute Resolution and Arbitration
A. Informal Resolution: Before filing any claim, you agree to contact us at moc.setailiffagnidnuf@lagel and attempt to resolve the dispute informally for at least 30 days.
B. Binding Arbitration: If informal resolution fails, you agree that any dispute arising out of or relating to these Terms or the partner program shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Wilmington, Delaware, or remotely via videoconference if mutually agreed.
C. CLASS ACTION WAIVER: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
D. Exceptions: Either party may bring claims in small claims court if the claim qualifies. Either party may seek injunctive relief in court to protect intellectual property rights.
E. Opt-Out Right: You may opt out of this arbitration agreement within 30 days of creating your partner account by sending written notice to moc.setailiffagnidnuf@lagel.
19. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
20. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email to your registered email address at least 30 days before taking effect. Continued participation in the partner program after changes take effect constitutes acceptance of the modified Terms.
Changes to commission rates will be communicated with at least 30 days' notice and will not affect commissions on deals already in progress.
21. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
22. Entire Agreement
These Partner Terms, together with our Privacy Policy, constitute the entire agreement between you and FundingAffiliates regarding the partner program and supersede any prior agreements or understandings.
23. No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
24. Assignment
You may not assign or transfer these Terms or your partner account without our prior written consent. We may assign these Terms at any time without notice to you.
25. Notices
All notices to FundingAffiliates must be sent to:
Legal notices: moc.setailiffagnidnuf@lagel
Commission inquiries: moc.setailiffagnidnuf@snoissimmoc
General partner support: moc.setailiffagnidnuf@srentrap
Mailing address:
FundingAffiliates
1207 Delaware Ave #1477
Wilmington, DE 19806
We will send notices to the email address associated with your partner account.
26. Survival
Sections 8(C), 9(C), 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, and 24 shall survive termination of these Terms.
By creating a partner account, you acknowledge that you have read, understood, and agree to be bound by these Partner Terms of Service.