Partner terms

Subject to change. The partner program is new, and these terms are being reviewed against the legal and regulatory standards that apply to it. They may change as a result. We will tell partners of any change by email, as section 10 describes.

These terms are an agreement between you and fxapis, operated by El Wizard (business ID 207370523), Jacó, Puntarenas 61101, Costa Rica (“fxapis”, “we”, “us”) about the fxapis partner program. They apply from the day we approve your application and confirm it to you by email. By ticking the box on the application form you confirm that you have read them and agree to them if we approve you. If you apply for a business, you confirm that you may bind it, and “you” means that business.

Our Terms of service govern your own use of fxapis and every customer you refer. Our Privacy policy explains how we handle personal data, including yours as a partner.

1. Joining

• The program is open to creators, community owners, educators, brokers, platforms and similar businesses that we approve. We may decline an application at our discretion, without giving a reason.
• You must be at least 18 and able to enter a binding contract where you live.
• You may not join if you, or the business you apply for, are subject to sanctions, or are located in a country where we do not offer fxapis.
• The information in your application must be true, and you will tell us if it changes, in particular your payout details and email address.
• One partner account per person or business, unless we agree otherwise in writing.

2. Our relationship

• You are an independent business. These terms do not create an employment, agency, franchise, joint venture or partnership in the legal sense, despite the word “partner”. You cannot make commitments, statements or promises on our behalf.
• The partnership is not exclusive. You may promote other products, including competing ones, and we may work with other partners, including in your market.
• You decide how, when and whether you promote fxapis, within these terms. There is no minimum number of referrals.
• You pay your own costs of promoting fxapis.

3. Your link and what counts as a referral

• We give you a personal link. A person is your referral if they create a new fxapis account within 90 days of first following your link, on the same browser.
• If someone follows more than one partner’s link, the last partner’s link they followed counts. Following the same link again does not restart the 90 days.
• Your link works through a cookie. We cannot credit a sign-up made on another device or browser, after the cookie was deleted or blocked, or without following your link. We cannot add a referral to an account afterwards.
• These do not count: your own sign-ups; sign-ups by people who work for you or with you, or who share your household; people who already had a fxapis account; and sign-ups we reasonably believe were made through fraud, automation, or only to earn commission.
• A referral stays with the partner it was first credited to. If we cannot tell which partner should be credited, we decide in good faith, and our records settle the question.

4. Commission

• Standard. You earn 20% of the net amount each referred customer pays us during the 12 months after the day they signed up through your link.
• Founding partners. The first 25 partners we approve before 31 March 2027 are founding partners and earn 30% of that net amount during the 24 months after each referred customer signed up. A founding place is counted when we approve the partner and is not given to anyone else if that partner leaves. We confirm founding status in the approval email.
• Brokers and platforms earn no commission. They join for the other benefits described on our partner page. fxapis neither pays brokers for clients nor takes payment from them for referrals.
• Net amount means what the customer actually pays us for fxapis, after discounts, refunds, credits, chargebacks, and any sales tax, VAT or similar tax included in the price.
• Commission is never based on a customer’s trading, trading volume, results, deposits, or anything they pay a broker. It is based only on what they pay fxapis.
• Your rate and duration for a referral are the ones that apply on the day that customer signs up. Later changes to the program do not reduce them for customers already referred (section 10).

5. Payouts

• We pay once a month for payments that customers made at least 30 days earlier, so that refunds and failed payments can settle first.
• The minimum payout is $50, or the same amount in the currency the customers paid in. Below that, your balance carries over to the next month.
• We pay by bank transfer or another method we agree with you, in the currency the customers paid in unless we agree otherwise. Fees charged by your bank or payment provider, and any currency conversion, are yours.
• Before we pay, we may ask for the information we need to pay you lawfully: your legal name, address, tax details, and proof of identity or of your business. We hold payouts until we have it.
• On request we send you a statement of the payments your commission was based on. It shows amounts and dates, not your referrals’ personal details. If you think a payout is wrong, tell us within 60 days of receiving it and we will look into it in good faith.

6. Refunds, chargebacks and corrections

• If a payment you were paid commission on is later refunded or charged back, we deduct that commission from your next payouts. We do not ask you to pay it back unless the partnership has ended with no further payouts due, or it was earned by breaking these terms.
• We may correct a payout we made in error, up or down, by adjusting the next one.
• We may withhold commission while we investigate a reasonable suspicion of fraud or of a breach of these terms. We tell you when we do, and pay what is due if the suspicion is not confirmed.

7. Taxes

• You are responsible for declaring and paying the taxes on your commission, and for any invoice or registration the law where you are requires of you.
• If the law requires us to withhold or deduct tax from a payout, we do so, pay it to the tax authority, and give you a record of it on request. The amounts in these terms already include any tax you owe on them; we add nothing on top.

8. How you promote fxapis

These rules exist because trading is regulated and risky, and because people trust the creators and communities they follow. We may ask you to change or remove content that breaks them, and you will do so within two business days.

• Disclose. Wherever you share your link or talk about fxapis, say clearly and prominently that you are a paid fxapis partner, in words your audience will understand (for example “I earn a commission if you sign up through my link”). The disclosure must be seen before the link, not only in a profile or a hidden caption.
• No profit promises. Do not promise or imply profits, returns, income or trading results, and do not present fxapis as a way to make money. Do not show your own or others’ trading gains as a result of using fxapis.
• Risk warning. Where you discuss trading, include a clear warning such as: “Trading leveraged products carries a high risk of losing money.”
• Describe fxapis accurately. fxapis is software for connecting to MetaTrader 5. It is not a broker, does not hold client money, and does not give investment advice. Do not describe features we have not released, quote prices or trial lengths we do not offer, or suggest that fxapis is endorsed by, or the same company as, any broker or regulator. Use the descriptions and figures on fxapis.com.
• Follow the rules where your audience is, including those on financial promotions, finfluencers, advertising disclosure, consumer protection, and the rules of the platforms you post on. If you need a licence or approval to promote financial products where you or your audience are, you are responsible for having it.
• No investment advice in our name. If you give trading signals, strategies or advice, make clear they are yours, not fxapis’.
• Search and brand. Do not bid on “fxapis” or close variations in paid search, and do not register domains, social media accounts or app names containing them. Do not make ads or accounts that could be mistaken for ours.
• Honest traffic. No spam or unsolicited messages; no cookie stuffing, hidden links, forced clicks or automated traffic; no fake reviews; no offering cash back or other payments to sign up through your link unless we agree in writing; no sub-affiliates.
• Who you target. Do not target people under 18, or people in countries where we do not offer fxapis.

If you are a broker or platform, your own regulator’s rules on promotions and on introducing third-party tools to clients apply to what you publish about fxapis.

9. Our name, your name and early access

• While you are a partner, you may use the fxapis name and logo, and materials we give you, only to promote fxapis under these terms. Do not change them. This permission is personal, cannot be transferred, and ends when the partnership ends.
• We may name you, and show your logo, as a fxapis partner only with your permission, which you may withdraw at any time.
• Partners may get early access to features before they are released. Early-access features may change, break or be withdrawn, and are provided as they are. What we share with you about unreleased features, our plans and the program’s private terms is confidential: do not share it until we make it public, and use it only to take part in the program.
• If you send us feedback or suggestions, we may use them freely, without owing you anything for them.

10. Changes to these terms and to the program

• We may change these terms or the program, including commission rates and benefits, by telling you by email at least 30 days before the change takes effect. If you do not agree, you may end the partnership before then.
• A change never reduces the rate or duration for customers you referred before it takes effect, or commission you have already earned.
• We may make a change sooner where the law or a regulator requires it, or to stop fraud. We tell you as soon as we can.
• We may close the program by giving you 30 days’ notice. Section 11 then applies as if we had ended your partnership.

11. Ending the partnership

• Either of us may end the partnership at any time, for any reason, by email to the other.
• We may pause your link, or end the partnership straight away, if you break these terms, if we reasonably suspect fraud, or if continuing would put us in breach of the law or a regulator’s expectations.
• When the partnership ends, your link stops crediting new sign-ups. Within 14 days, remove your link and our name and logo from places you control, except past content you cannot reasonably edit, where you remove the link.
• We pay commission on payments customers made before the partnership ended, under section 5, even if the balance is below the minimum. No commission is earned on payments made after it ended.
• If we end the partnership because you broke these terms or committed fraud, commission connected to the breach or fraud is not payable.
• People you referred keep their accounts and any trial they started.
• Sections 6, 7, 9 (confidentiality and feedback), 12, 13 and 14, and anything owed between us, continue after the partnership ends.

12. Responsibility and liability

• The program and early-access features are provided as they are. We do not promise that you will earn any particular amount, or that tracking will capture every sign-up.
• Neither of us is liable to the other for indirect or consequential loss, or for lost profits, revenue or opportunity, arising from these terms.
• Our total liability to you under these terms is limited to the commission due to you plus the commission we paid you in the 12 months before the claim arose.
• Nothing in these terms limits liability for fraud, intent or gross negligence, or any other liability that the law does not allow to be limited.
• You will compensate us for claims, fines, losses and reasonable costs, including legal fees, that arise from your content or promotion of fxapis, or from your breach of these terms or the law.

13. Personal data and conduct

• We do not share personal details of the people you refer with you. You and we each handle personal data in line with the data protection laws that apply to us. If you collect personal data from your audience, you are responsible for it.
• Neither of us will offer or accept bribes, kickbacks or other improper payments in connection with the program.

14. General

• Whole agreement. These terms, the approval email, and any written agreement we sign with you for the program are the whole agreement between us about the program. If there is a conflict, a signed written agreement wins, then the approval email, then these terms.
• Notices. We write to the email address on your application. You write to [email protected]. Email counts as writing.
• Transfer. You may not transfer these terms without our written consent. We may transfer them to a company that takes over fxapis, and will tell you.
• Severability and waiver. If a part of these terms is found invalid, the rest still applies. Not enforcing a right straight away does not waive it.
• Language. These terms are written in English. If we give you a translation, the English text prevails as far as the law allows.
• Law and disputes. These terms are governed by the laws of Costa Rica. Before bringing a claim, each of us will try in good faith to settle the dispute by written notice and discussion for at least 30 days. Disputes are then heard by the competent courts of the Republic of Costa Rica, except that either of us may seek urgent relief anywhere.

Questions

Write to [email protected].