These Referral Program Terms and Conditions (“Referral Program Terms”) constitute a legally binding agreement between TopFan (“Company”, “we”, “us”, or “our”) and each User who referred (“Referring User”) a Creator who subsequently registered a Creator Account via such Referring User’s unique referral link (“Referred Creator”). These Referral Program Terms form a part of, and are hereby incorporated into, the Standard Terms and Conditions (the “Standard Terms”) that govern each User’s access to and use of the Platform. Capitalized terms used but not defined herein have the meanings given them in the Standard Terms.PRE-LAUNCH PROMOTION: IF WE HAVE PROVIDED YOU WITH A “UNIQUE REFERRAL LINK” PRIOR TO THE LAUNCH DATE OF THE PLATFORM, UPON THE LAUNCH DATE OF THE PLATFORM THESE REFERRAL PROGRAM TERMS SHALL BE APPLICABLE TO YOU AS THOUGH YOU ARE CURRENT USER OF THE PLATFORM.
1. OVERVIEW OF OUR REFERRAL PROGRAM
Company offers a referral program by which existing Users can introduce people who are interested in becoming Creators to Company and receive referral payments from Company which are calculated and limited as described in these Referral Program Terms.
2. RULES OF THE REFERRAL PROGRAM
- Only Users of the Platform with a current User account can participate in the Referral Program. If a User's account has been suspended or terminated by us for any reason or deleted by the User, that User will not be eligible to participate in the Referral Program.
- You will need on your User account page to add bank account details of your own bank account in order to receive referral payments under the Referral Program.
- Each User has a unique referral link (which can be accessed via the User's Account) which the User may share with others. When sharing your unique referral link you must not hold yourself out as a representee or employee of Company or give the impression that your referral link is being shared or promoted by us. You must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote your unique referral link. Upon our request, you must disclose the methods by which you share your unique referral link in the Bio/Website field of your Account.
- The Referred Creator must click on your unique referral link and then register with the Platform using the same browser that they used to click on your unique referral link. If someone registers with the Platform other than by using your unique referral link, we will not link that account to your referral and we will not make any referral payment to you.
- The Referred Creator must not have registered a Creator Account with the Platform (whether under the same name or another name) before clicking on your unique referral link. If the Referred Creator is currently or has previously been a User of the Platform we will not make any referral payment to you for the referral.
- If the Referred Creator sets up more than one Creator Account we will make referral payments to you on the earnings made by the Referred Creator from their first Creator Account only. We will not pay any referral payments to you on any further Creator Accounts set up by the Referred Creator.
- We will not pay any referral payments to you on any referral of a Referred Creator which we determine is owned or operated by you, or is in a commercial relationship with you. You will provide any information which we request to enable us to determine whether the Referred Creator is owned or operated by you or if there is a commercial relationship between you and the Referred Creator.
You agree that when promoting the Platform in any way as a Referring User:
you will not give a false impression of the Platform, the services, programs, and content (including Content) made available through the Platform, its Users or the Terms of Service; and
- you will not make any statements which suggest to a potential Creator that the potential Creator will make a particular sum of money (or any money) from their use of the Platform, or any statements regarding the likely number of Fans.
3. REFERRAL PAYMENTS
Referral Payment Calculation
After the Launch Date, once a Referred Creator has registered a Creator Account on the Platform in accordance with the rules of the Referral Program described above, we will pay the Referring User a referral payment equal to five percent (5%) of the Company Fee received by Company from Fan Payments generated by the Referred Creator in the twelve (12)-month period after the date on which the Referred Creator becomes a registered User of the Platform, with no cap on your potential referral payment.
In order to be able to receive referral payments you must first choose one of the payout methods provided by the Platform in your country of residence. These methods are called "Payout Options".
If referral payments have been made incorrectly then we have the right to recover the wrongly paid sums from the User to whom the wrongly paid sums have been paid.
We may request you or Referred Creators (or both) to provide us with government-issued identification and other information reasonably required by us to verify any referral payment to be made and the person to whom any referral payment should be made. Failure to provide any information requested by us may lead to you losing your entitlement to referral payments in respect of the relevant Referred Creator.
We may change any aspect of the Referral Program (including how referral payments are calculated) or discontinue the Referral Program at any time, but no change will deprive any Referring User of referral payments already earned based on Fan Payments made to Referred Creators before the changes came into effect.
5. BREACH OF TERMS OF SERVICE; unlawful activity
Circumstances in which we may withhold referral payments: We may withhold all or any part of the referral payments due to you but not yet paid out:
- if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
- if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
- if we suspect that all or any part of the referral payments due to you result from unlawful activity, either by you, by the Fan who made the Fan Payment to the Referred Creator which resulted in the referral payment, or by the Referred Creator to whom the Fan Payment was made which resulted in the referral payment, for as long as is necessary to investigate the actual, threatened or suspected breach(es) by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) all or any part of referral payments due to you result from unlawful activity, we may notify you that you have forfeited all or any part of your referral payments.
We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the Referral Program where we have a right to do so under these Referral Program Terms.
If we are withholding all or any part of the referral payments due to you and we determine that part of the referral payments withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful activity, then we may pay to you the part of the referral payments which is unrelated to breaches by you of the Terms of Service or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all referral payments due to you but not yet paid and we may set off such amounts against any losses suffered by us.
t is illegal for us or for a participant in the Referral Program (including Referring Users and Referred Creators) to persuade anyone to make a payment by promising benefits from getting others to join the Referral Program. Do not be misled by claims that high earnings are easily achieved from participation in the Referral Program. Although we do not demand any payment from Referring Users for the purposes of participating in the Referral Program, we are legally required to inform you that if you sign this contract, you have 14 days in which to cancel and get your money back.