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FN Capital Affiliate Agreement effective as of 06/14/2024

This Affiliate Agreement (“Agreement”) is made and entered into as of [Date] by and between FN Algorithmic Technologies, Inc., doing business as FN Capital (“Company”) and [Affiliate Name] (“Affiliate”).

1. Introduction

As an authorized affiliate (Affiliate) of FN Capital, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting FN Capital as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to FN Capital by your own website or personal referrals.

By signing up for the FN Capital Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

2. Definitions

  • “Company” refers to FN Algorithmic Technologies, Inc., doing business as FN Capital.
  • “Affiliate” refers to the individual or entity applying to or participating in the Affiliate Program.
  • “Affiliate Program” refers to the program by which affiliates promote the Company’s products and services in exchange for commissions.
  • “Commission” refers to the earnings an Affiliate receives for successful referrals as per the terms of this Agreement.
  • “Sub-affiliate Commission” refers to the percentage of the commission earned by affiliates that were referred by the primary Affiliate.
  • “IB Commission” refers to Introducing Broker commission.

3. Enrollment in the Affiliate Program

  • Approval: The Company reserves the right to approve or reject ANY Affiliate Program Application at its sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
  • Application: To apply, the Affiliate must complete the registration form and accept this Agreement.

4. Commissions

  • Commission Structure:
    • Level 1 Affiliate:
      • Direct Sales Commission: 20% on upfront payments for each successful referral.
      • Sub-affiliate Commission: Not included.
    • Level 2 Affiliate:
      • Direct Sales Commission: 30% on upfront payments for each successful referral.
      • Sub-affiliate Commission: 5% of the commission earned by sub-affiliates.
      • Requirements: Must purchase a FAST AI license and have successfully referred a minimum of 5 clients.
    • Level 3 Affiliate:
      • Direct Sales Commission: 35% on upfront payments for each successful referral.
      • Sub-affiliate Commission: 10% of the commission earned by sub-affiliates.
      • Requirements: Must purchase a FAST AI license and have successfully referred a minimum of 10 clients.
    • Level 4 Affiliate:
      • Direct Sales Commission: 40% on upfront payments for each successful referral.
      • Sub-affiliate Commission: 15% of the commission earned by sub-affiliates.
      • Requirements: Must purchase a FAST AI license and have successfully referred a minimum of 20 clients.
    • Master Partner:
      • Direct Sales Commission: 50% on upfront payments for each successful referral after expenses.
      • Sub-affiliate Commission: 20% of the commission earned by sub-affiliates.
      • IB Commission: 20% of the commissions earned as an Introducing Broker.
      • Requirements: Must purchase a FAST AI license, a $100,000 buy-in, use our sales team, and fund at least $10,000 monthly in ad spend.
  • Payment Schedule: Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days.
  • Payment Method: Payments will be processed through the affiliate’s designated payment method on file.
  • Chargebacks and Refunds: Transactions that result in chargebacks or refunds will not be paid out.

5. Affiliate Obligations

  • Marketing: Affiliates are responsible for promoting FN Capital using approved marketing materials and methods.
  • Compliance: Affiliates must comply with all applicable laws and regulations, including those relating to email marketing and data protection.
  • Disclosure: Affiliates must disclose their affiliate relationship in any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.

6. Term and Termination

  • Term: The term of this Agreement begins upon acceptance of the Affiliate into the Program and will end when terminated by either party.
  • Termination: Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
    • Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
    • Spamming (mass email, mass newsgroup posting, etc.).
    • Advertising on sites containing or promoting illegal activities.
    • Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
    • Violation of intellectual property rights. FN Capital reserves the right to require license agreements from those who employ trademarks of FN Capital in order to protect our intellectual property rights.
    • Offering rebates, coupons, or other forms of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with FN Capital, however, is acceptable.
    • Self-referrals, fraudulent transactions, suspected Affiliate fraud.
  • In addition to the foregoing, FN Capital reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

7. Intellectual Property

  • License: The Company grants the Affiliate a non-exclusive, non-transferable, revocable right to use the provided marketing materials and trademarks for the sole purpose of promoting FN Capital.
  • Restrictions: Affiliates may not modify the marketing materials or trademarks in any way without prior written consent from the Company.

8. Limitation of Liability

The Company will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s). We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by FN Capital.

9. Indemnification

The Affiliate shall indemnify and hold harmless the Company and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by the Company to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

10. Miscellaneous

  • Modification: The Company may modify any of the terms and conditions within this Agreement at any time and at its sole discretion. These modifications may include, but are not limited to, changes in the scope of available commissions, commission schedules, payment procedures, and Program rules.
  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state in which the Company is headquartered, without regard to its conflict of law rules.
  • Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, regarding the subject matter hereof.

11. Affiliate Links

You may use graphic and text links both on your website and within your email messages. You may also advertise the FN Capital site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.

12. Coupon and Deal Sites

FN Capital occasionally offers coupons to select affiliates and to our newsletter subscribers. If you’re not pre-approved/assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

  • Affiliates may not use misleading text on affiliate links, buttons, or images to imply that anything besides currently authorized deals to the specific affiliate.
  • Affiliates may not bid on FN Capital Coupons, FN Capital Discounts, or other phrases implying coupons are available.
  • Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button, or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
  • User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e., “click here to see coupons and open a window to merchant site” is NOT allowed).
  • Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

13. Pay Per Click (PPC) Policy

PPC bidding is NOT allowed without prior written permission. If permission is granted, the following guidelines must be adhered to:

  • Keywords: Affiliates are not allowed to bid on the Company’s trademarks, including FN Capital, FN Algorithmic Technologies, Inc., and related terms. Affiliates must not use these trademarks in their ad copy, keywords, or display URLs.
  • Ad Content: All PPC advertisements must comply with the Company’s brand guidelines and must not mislead or misrepresent the Company or its products.
  • Landing Pages: Affiliates must direct PPC traffic to their own website before redirecting to the Company’s website. Direct linking to the Company’s website from PPC ads is prohibited.
  • Compliance: Affiliates must comply with all applicable laws and regulations related to PPC advertising.

14. Cookies

The referral tracking cookie set by FN Capital is valid for 30 days. This means that if a referred visitor makes a purchase within 30 days of clicking your affiliate link, the sale will be credited to you.

15. Payouts

FN Capital uses the AffiliateWP Payouts Service to manage affiliate payments. This service allows us to send referral earnings directly to your bank account or debit card. The key details about our payout process are as follows:

  • Payout Schedule: Payouts are processed monthly. Affiliates will receive their earnings within 2 to 14 days, depending on their location.
  • Payment Methods: Affiliates can choose to receive payments via bank transfer, debit card, ACH direct debit, SEPA, Sofort, iDeal, or other alternative methods. Debit cards are available only in the USA.
  • Fees: A 3% service fee applies to each payout, plus additional processing and transfer fees as determined by the payout method and affiliate location.
  • Registration: Affiliates must register their payment details through the Affiliate Area on the FN Capital website. This includes entering their bank account or debit card information.

16. Liability

FN Capital will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s). We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by FN Capital. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

17. Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

18. Indemnification

Affiliate shall indemnify and hold harmless FN Capital and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors, and assigns, including those licensed or authorized by FN Capital to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

19. Master Partner Level

The Master Partner level offers enhanced benefits and support to help you maximize your affiliate earnings. As a Master Partner, you will receive the following:

  • Direct Sales Commission: 50% on upfront payments for each successful referral after expenses.
  • Sub-affiliate Commission: 20% of the commission earned by sub-affiliates.
  • IB Commission: 20% of the commissions earned from referred clients as an Introducing Broker.
  • Ad Management: FN Capital provides designated ad management to ensure effective and optimized advertising campaigns.
  • Appointment Setters: FN Capital supplies professional appointment setters to manage and schedule calls with potential clients.
  • Sales Closer Reps: FN Capital provides experienced sales closer representatives to help close deals.

Requirements:

  • Must purchase a FAST AI license.
  • $100,000 buy-in.
  • Use our sales team.
  • Fund at least $10,000 monthly in ad spend.

20. Introducing Broker (IB) Commissions

As an Introducing Broker (IB), you can earn additional commissions based on the trading activity of clients you refer. The IB Commission is 20% of the commissions earned from the trading activity of referred clients. This commission is paid in addition to your direct sales and sub-affiliate commissions.

21. Electronic Signatures Effective

This Agreement is an electronic contract that sets out the legally binding terms of your participation in the FN Capital Affiliate Program. By completing the FN Capital application process, you are creating an electronic signature that has the same legal force and effect as a handwritten signature.

22. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, regarding the subject matter hereof.