Legal information

MFA Traders Affiliate Program Rules

These Rules set out the terms of participation in the Affiliate Program operated by My Funding Account Prosta Spółka Akcyjna with its registered office in Katowice at Al. W. Korfantego 138A, 40-156 Katowice, entered in the register of the National Court Register by the District Court Katowice-Wschód, 8th Commercial Division of the National Court Register, under KRS number: 0001023771, NIP: 6343021306, with a share capital of PLN 2,060,948.00 (hereinafter: “MFA” or the “Organizer”).

The Rules are a document published on the website and set out the terms of participation in the Affiliate Program. Acceptance of the Rules by a person registering in the Program (in the “self-serve” mode) constitutes the conclusion of an agreement on participation in the Program on standard terms, without the need to sign a separate agreement.

MFA may also conclude individual agreements/special terms with selected Partners (“Individual Agreement”), which set out different parameters of cooperation (e.g. rates, discounts, exceptions) – in such a case, the provisions of the Individual Agreement shall prevail over the provisions of the Rules to the extent regulated therein.)

1. General provisions

The Organizer of the Program is My Funding Account Prosta Spółka Akcyjna with its registered office in Katowice at Al. W. Korfantego 138A, 40-156 Katowice, entered in the register of the National Court Register by the District Court Katowice-Wschód, 8th Commercial Division of the National Court Register, under KRS number: 0001023771, NIP: 6343021306, with a share capital of PLN 2,060,948.00 (hereinafter: “MFA”). The Program enables Partners to promote MFA products available at mfatraders.com, in particular: “MFA Challenge” and “MFA Instant” (hereinafter jointly: the “Products”).
The Program is addressed to: (a) entities conducting business activity (B2B) and (b) natural persons (including those conducting unregistered activity) who are tax residents of countries in which MFA provides services and permits affiliate cooperation, excluding the jurisdictions indicated as not permitted/prohibited in the applicable MFA General Terms and Conditions of Service (T&Cs) available on the mfatraders.com website (“Prohibited Countries”). MFA may at any time refuse to admit Partners from particular jurisdictions to the Program or to pay out commissions to them for compliance, sanctions, AML or operational reasons, irrespective of the provisions of the preceding sentence). In the event of a conflict between the Rules and the Agreement/Special Terms, the provisions of the Agreement/Special Terms shall prevail.
Acceptance of the Rules is equivalent to acceptance of the Marketing Guidelines constituting Annex No. 1 and an integral part of the Program.

2. Definitions

Partner / Affiliate – a B2B entity or Natural Person that has joined the Program by registering and accepting the Rules (standard mode) or on the basis of an Individual Agreement; MFA may refuse activation or suspend participation in accordance with the Rules.

Client – a person purchasing an MFA Product.

Discount Code – an individual code assigned to a Partner, containing: (i) a discount for the Client and (ii) a commission rate for the Partner.

Standard Terms – the parameters of the Program applicable to Partners in the standard mode (in particular: the standard Discount for the Client and the standard Commission Rate), set out in the Rules.

Base Price – the price of the Product before discounts.

Discounted Price – the price of the Product finally payable by the Client after application of the Discount Code that prevails under the “last code wins” rule and after taking into account the rules of MFA promotional campaigns, whereby discounts are not cumulative unless MFA expressly decides otherwise for a given campaign

Qualifying Transaction – a purchase of a Product using the Partner’s Discount Code, effectively paid for, not cancelled, not refunded, not subject to a chargeback and not deemed an Abuse.

Commission – the Partner’s remuneration calculated as a percentage of the Discounted Price in accordance with the Standard Terms or – if an Individual Agreement has been concluded – in accordance with that Individual Agreement.

Verification Period (Hold) – the period during which approval and/or payout of the Commission is withheld in order to verify the Transaction, in particular with regard to refunds, chargebacks, Abuses and compliance risks. The Hold is counted from the date on which the Client purchased the Product and, as a rule, is 30 calendar days, unless MFA indicates otherwise in the Rules or extends it in the cases specified in the Rules

Abuse (Fraud) – the activities described in section 17 of the Rules.

Platform – the MFA platform available at platform.mfatraders.com.

Affiliate Account – the Partner’s account on the Platform intended for presenting commissions and submitting withdrawal requests.

Settlement Currency – the currency in which MFA keeps records of Commissions on the Affiliate Account and/or makes payouts. The Settlement Currency is, as a rule, USD (US dollar), unless MFA indicates another currency for a given Partner or payout

Confidential Information – all non-public information obtained by the Partner in connection with the Program, in particular: the parameters of Discount Codes (discount/commission), commission reports, data on sales/conversions and traffic sources, anti-fraud rules, KYC/AML requirements, technical information about the Platform, and the know-how and commercial information of MFA or its affiliated entities.

Partner Content – all materials (including videos, graphics, photos, texts, reviews, posts, advertisements) created, published or used by the Partner in connection with the promotion of the Products under the Program.

3. Joining the Program and admission of the Partner

A Partner may join the Program in the standard mode by: (a) registering/submitting an application on the Platform and (b) accepting the Rules (e.g. by checkbox). Upon acceptance of the Rules, an agreement on participation in the Program on the Standard Terms is concluded, without the need to sign a separate agreement.
After joining in the standard mode, MFA makes the Affiliate Account available to the Partner and assigns a Discount Code in accordance with the Standard Terms, subject to items 4–6 below.
MFA may conclude with a Partner an Individual Agreement specifying different parameters (e.g. discount, commission rate, marketing exceptions, exclusivity). In such a case, the Individual Agreement shall prevail over the Standard Terms to the extent regulated therein.
MFA may refuse activation, limit the scope of participation or suspend the Affiliate Account/code for important reasons, in particular for reasons of compliance, security, risk of abuse, sanctions, breaches of the Rules/Guidelines or protection of reputation.
MFA records information concerning the acceptance of the Rules (including the account identifier, the date and time of acceptance, and technical information) and may use it as evidence of joining the Program.
The Partner undertakes to provide true and up-to-date data and, in the event of a change of data, to update it on the Platform.

4. KYC/AML, sanctions and compliance

MFA applies Partner verification procedures, including KYC/AML procedures and sanctions screening, in accordance with applicable law, MFA’s internal regulations and the requirements of entities cooperating with MFA.
A condition for the payout of commission (acceptance of a Withdrawal Request) is the positive completion of KYC/AML verification and the provision of the documents and information required by MFA. MFA provides the Partner with a list of the required information/documents and instructions for providing them.
A Partner may hold an active Affiliate Account and Discount Code and accrue commissions in the standard mode before completing KYC/AML, provided that, until KYC/AML is successfully completed, commissions are of a record-keeping nature and MFA may withhold their approval and payout.
If the required documents are not provided or KYC/AML is not completed by the deadline indicated by MFA: (a) MFA will reject or withhold the Withdrawal Request, and (b) MFA may suspend the Affiliate Account or limit the functionalities of the Program until the requirements are met.
The Partner does not acquire a claim for payout of commission before the KYC/AML requirements are met and before the commission is approved in accordance with the Rules.
MFA may at any time request an update of data and documents (ongoing verification) and may require KYC/AML to be carried out before payout or earlier, if this is justified by AML/sanctions risk, security or the prevention of abuse.
MFA may refuse payout or terminate the agreement/participation if this is required by law, a decision of an authority or is justified by AML/sanctions risk – without an obligation to disclose the detailed grounds if disclosure would be legally impermissible or could hinder compliance activities.
MFA may refuse payout and delete/zero the balance of record-keeping commissions if the Partner does not complete KYC/AML within 45 days of the first Withdrawal Request or of MFA’s request, provided that this is permitted by law and justified by compliance/anti-fraud considerations.

5. Licence for Partner Content

The Partner grants MFA a non-exclusive, royalty-free licence (with the right to grant sub-licences to MFA’s affiliated entities and to marketing/IT service providers acting for MFA) to use the content and materials created or used by the Partner in connection with the promotion (“Partner Content”).
The licence is granted for the territory of the entire world and covers in particular recording, reproduction, public making available on the Internet, and use in advertising (including paid advertising), social media, websites, newsletters and MFA promotional materials.
MFA may make technical and marketing modifications to the Partner Content (cropping, shortening, changing the format, captions, translation), without prejudice to the Partner’s good name.
The licence is granted for the duration of the Agreement and for 5 years after its termination with respect to Partner Content created during the term of the Agreement.
The Partner represents that it holds the rights and consents necessary to grant the licence (including the consents of persons appearing in the Partner Content) and that the Partner Content does not infringe the rights of third parties.

6. Audit, verification of traffic sources and cooperation

MFA has the right to verify the Partner’s compliance with the Rules and the Guidelines, including verifying traffic sources, promotion methods, the correctness of advertising labels, compliance with prohibitions (e.g. brand-bidding, prohibited jurisdictions) and the occurrence of Abuses.
As part of the verification, MFA may request from the Partner information and materials reasonably necessary to assess compliance, in particular: (i) a list of promotion channels, (ii) examples of creatives/advertisements, (iii) campaign data (e.g. keyword scope, targeting settings), (iv) confirmations of holding rights to the Partner Content, (v) explanations concerning unusual traffic/conversion patterns.

The Partner undertakes to provide the required information within the deadline indicated by MFA (not shorter than 3 business days, unless the nature of the matter justifies a shorter deadline), and to cooperate in good faith in clarifying any doubts.

Lack of cooperation, refusal to provide information or provision of false information may result in withholding of commission approval, withholding of payouts, suspension of the Affiliate Account, deactivation of Codes or termination of the Partner’s participation in the Program.

7. Confidentiality

The Partner undertakes to keep the Confidential Information confidential and to use it solely for the purpose of participating in the Program.
The Partner shall not disclose Confidential Information to third parties without MFA’s prior consent, except for disclosure to the Partner’s advisers (legal/tax/accounting) bound by a duty of confidentiality or where disclosure is required by law – in which case the Partner (insofar as legally permissible) shall inform MFA in advance.
The confidentiality obligation applies for the period of participation in the Program and for 5 years after its end.
In the event of a breach of confidentiality, MFA may: (i) suspend the Partner’s account and codes, (ii) withhold payouts, (iii) claim damages under general rules, and also charge a contractual penalty, insofar as it is provided for in item 5.
For a breach of the confidentiality obligation, the Partner shall pay a contractual penalty of PLN 10,000 for each breach. Payment of the penalty does not exclude MFA’s right to claim damages exceeding the penalty.

8. Prohibition of disparagement

The Partner undertakes to refrain from publicly disseminating content that unlawfully harms the reputation, good name or credibility of MFA, entities affiliated with MFA and persons acting on behalf of MFA, in particular content that is false, misleading, defamatory or discloses Confidential Information.
The above provision does not limit the Partner’s right to: (i) submit complaints and notifications to MFA in a non-public manner, (ii) publish fair opinions that are truthful and do not breach confidentiality, (iii) perform obligations arising from provisions of law.
In the event of a breach, MFA may call on the Partner to remove or correct the content within the deadline indicated by MFA (not longer than 48 hours), and the Partner undertakes to comply with the request.

9. Indemnification

The Partner undertakes to indemnify, defend and hold harmless MFA, its parent company and affiliated entities, and their directors, members of the management board, employees, contractors, representatives and agents (jointly the “Indemnified Parties”) against all third-party claims, lawsuits, proceedings, regulator notices and/or investigations, liability, fines, penalties, costs and expenses (including reasonable legal costs) (jointly the “Losses”) arising from or related to: (i) wilful unlawful conduct, gross negligence or breach of the Agreement/Rules by the Partner; (ii) infringement of third-party rights by the Partner Content or the Partner’s marketing activities; (iii) breach of obligations concerning advertising, labelling, jurisdictions, anti-fraud and brand-bidding.
The protection remains in force after termination of the Agreement.
MFA will notify the Partner of the Losses in writing within a reasonable time; failure to notify does not release the Partner from liability.
The Partner conducts the defence, provided that MFA may participate in the defence at its own cost through counsel of its choice. The Partner shall not enter into a settlement without MFA’s prior written consent if the settlement (a) does not fully release the Indemnified Parties from liability or (b) requires them to make a payment, admit fault or undertake non-monetary obligations

10. Scope of promotion and lack of authority

The Partner promotes the Products available at mfatraders.com in accordance with MFA’s current offer and documents concerning the Products (including the rules/T&Cs of the Products).
The Partner acts in its own name and at its own responsibility. The Partner is not a representative, agent or attorney of MFA and is not entitled to make declarations of intent on behalf of MFA.
The following in particular are prohibited: (a) promising or suggesting guaranteed profits, a “sure result” or a “sure pass”, (b) modifying the terms of the Products or granting additional discounts beyond the Code, (c) impersonating MFA or creating the impression of an “official channel” without MFA’s written consent.

11. Discount Code, attribution and calculation of Commission

Under the Program, MFA offers two types of Products:

a) Challenge accounts,

b) Instant accounts.

Different parameters of Discount Codes may apply to each type of Product.

Each Discount Code has two parameters:

a) Discount for the Client – a percentage reduction of the price of the given Product,

b) Partner Commission Rate – the percentage of commission due to the Partner.

The Commission is calculated solely on the Discounted Price, i.e. the price finally payable by the Client after application of the Code.

The Standard Terms for Partners joining the Program in the standard mode (self-serve), unless an Individual Agreement has been concluded, result from the following “Standard Code Pool”:

Table 1. Standard Code Pool – Challenge

Challenge accounts

Client Discount %: 5; Partner Commission %: 14.625
Client Discount %: 10; Partner Commission %: 13
Client Discount %: 15; Partner Commission %: 11.375
Client Discount %: 20; Partner Commission %: 9.75
Client Discount %: 25; Partner Commission %: 8.125
Client Discount %: 30; Partner Commission %: 6.5

Table 2. Standard Code Pool – Instant

Instant accounts

Client Discount %: 5; Partner Commission %: 3.9
Client Discount %: 7; Partner Commission %: 2.6
Client Discount %: 10; Partner Commission %: 1.3

After joining the Program, the Partner may ask MFA to make available one or more Discount Codes from the Standard Code Pool for the selected type of Product (Challenge/Instant). Codes are allocated in agreement with MFA and consist of activating the Codes in MFA’s systems and assigning them to the Partner’s Affiliate Account.
MFA may, at its own discretion:

make more than one Code available to the Partner (e.g. a separate Code for Challenge and a separate Code for Instant),
refuse to make certain Codes from the Standard Code Pool available,
limit the number of active Codes or the time of their activity, in particular for reasons of compliance, prevention of abuse, security, or reputational or operational risks.

A change of Discount Codes (including a change of the Discount and/or Commission Rate parameters, adding Codes or deactivating Codes) is possible only after prior contact with MFA and the submission of a request by the Partner (in the form of at least an e-mail or via a Platform functionality, if made available). MFA considers the request at its own discretion and may, but is not obliged to, consent to the change. The change is effective only from the moment the Codes are activated/updated in MFA’s systems.
The Partner is not entitled to change the parameters of Codes independently or to suggest to Clients discounts or terms other than those resulting from the Codes active in MFA’s systems.
In the event of an attribution conflict (in particular where more than one discount code is applied, a Partner code and an MFA code, codes of different Partners or an individual code), the “last code wins” rule applies, i.e. for the purposes of the discount and the commission the code last applied in the cart/checkout is decisive. The Commission (if due) is attributed to the Partner whose Code was last applied, unless an Individual Agreement provides otherwise or MFA applies different rules in the case of Abuses.
MFA may run promotional campaigns, apply coupons and time-limited offers, and change the price lists of the Products. Discounts are not cumulative unless MFA expressly decides otherwise for a given promotional campaign. Where the Client applies more than one discount mechanism (e.g. a Partner code and a promotion), the rule from item 8 applies, and the Commission is calculated on the amount finally paid by the Client after application of the decisive code in accordance with item 8, taking into account any adjustments (refunds/chargebacks) in accordance with the Rules.
Example of commission calculation: Challenge Product – Base Price USD 1000, Discount 10% → Discounted Price USD 900. Commission Rate 13% → Commission USD 117.
If an Individual Agreement is concluded, the provisions of the Individual Agreement shall prevail over the Standard Terms/Standard Code Pool to the extent that they specify different parameters of Codes, commission rates, discounts, attribution rules or other terms of cooperation.
For the purposes of settlements, only the parameters of the Codes active in MFA’s systems at the time of the Client’s purchase and the commission reports made available to the Partner on the Platform are binding. Arrangements not reflected in MFA’s systems or in the Individual Agreement do not constitute a basis for calculating commission.

12. Settlements, hold, settlement currency, adjustments and payouts

Commissions are recorded on the Partner’s Affiliate Account on the Platform. The balance is of an informational nature and includes in particular Commissions with the status “pending”, “withheld” and “approved”. Only “approved” Commissions in accordance with the Rules are due for payout.
Hold. The Commission for a Transaction may remain in the status “pending” or “withheld” for the duration of the Hold. As a rule, the Hold is 30 calendar days from the date on which the Client purchased the Product. MFA may extend the Hold or withhold approval of commissions in particular in the event of: (i) suspected Abuse, (ii) an increased number of refunds/chargebacks, (iii) the need for clarifications/an audit of traffic sources, (iv) compliance/sanctions risk, (v) system failures or corrections.
Settlement Currency. Commissions are recorded and paid out as a rule in the Settlement Currency. MFA may – at its own discretion – enable payout in another currency, in which case the exchange rate applied by the bank/payment provider serving MFA on the date of execution of the payment shall apply, unless MFA indicates another method of conversion.
Payment and currency conversion costs. The Partner bears the bank costs and fees on the Partner’s side. MFA bears the costs on its side. Fees of intermediary banks, currency conversion costs and other costs of executing the payment may be deducted from the payout amount or charged to the Partner – in accordance with the tariffs of the banks/payment providers.
Adjustments, refunds and chargebacks. If, after the Commission has been calculated or paid out, a refund, chargeback, cancellation of the Transaction, reversal of payment or classification of the Transaction as non-qualifying occurs, MFA has the right to: (i) reverse the approval of the Commission, (ii) make an adjustment of the Commission in the Affiliate Account, (iii) set off the amount of the undue Commission against subsequent Commissions or withhold payout until the adjustments are settled.
Set-off. MFA may set off against payouts/commissions due to the Partner: (i) the adjustments from item 5, (ii) undue commissions, (iii) contractual penalties provided for in the Rules, (iv) other due receivables of MFA from the Partner – to the extent permitted by law.
Reports and complaints. The Partner has access to commission reports on the Platform. The Partner may raise objections to a report within 7 days from the date the data was made available on the Platform (if the Platform provides a periodic view) or from the date of becoming aware of the irregularity. The objections should indicate at least: the period, the amounts and a description of the objections. After the deadline has passed without effect, the report data shall be deemed accepted.
Minimum payout threshold. MFA may introduce a minimum payout threshold (e.g. USD 100) and disclose it on the Platform; a request below the threshold may be rejected automatically.
KYC/AML condition. Payout of Commission requires meeting the KYC/AML conditions and the other conditions of the Rules (in particular the absence of suspected Abuse). Details are set out in the KYC/AML section.

13. Taxes, declarations and documents for payouts

The Partner bears sole responsibility for settling taxes and other public-law liabilities related to the commissions received, subject to MFA’s obligations arising from mandatory provisions of law.
MFA may require the Partner to submit declarations and provide documents necessary to verify the Partner’s status and execute payouts (in particular identification data, bank account details, tax residence declarations, VAT status, forms required by the payment provider), and the Partner undertakes to provide them.
If MFA is required by law to collect, withhold or remit tax/an advance payment or to report payouts, MFA is entitled to make the appropriate deductions from the amounts due to the Partner and to withhold payout until the required documents/declarations are received.
Lack of documents or doubts as to the correctness of the data entitle MFA to reject or withhold the Withdrawal Request until the matter is clarified.

14. Affiliate Account, reports and settlements via the Platform

MFA makes the Affiliate Account available to the Partner on the Platform at platform.mfatraders.com. The Affiliate Account serves to present accrued commissions and their statuses (e.g. “pending”, “approved”, “rejected”) and to submit requests for payout of remuneration.
The balance of the Affiliate Account is of a record-keeping and informational nature and does not constitute a bank account or payment account of the Partner; a claim for payout arises solely on the terms set out in the Rules and the Agreement/Individual Agreement.
The data presented in the Affiliate Account/Panel constitute the Partner’s basic information tool. At the same time, MFA reserves that the final source of settlements is MFA’s settlement data and the rules for qualifying transactions set out in the Rules and the Agreement/Individual Agreement (including verification of refunds, chargebacks and abuses).
The Partner may submit a complaint concerning reports within 7 days from the date the report for the given period was made available. The complaint should contain at least: the period, the date, the amount, the available transaction identifier and a description of the objections.

15. Withdrawal Requests

The Partner instructs a payout of remuneration by submitting on the Platform a withdrawal request (“Withdrawal Request”), indicating at least: (a) the payout amount and (b) the data necessary to execute the payment (e.g. bank account, currency, recipient details) and (c) other information required by the Platform/MFA.
Submission of a Withdrawal Request does not mean that a claim for payout automatically arises. MFA may accept or reject the Withdrawal Request.
MFA may reject or withhold a Withdrawal Request in particular where: (a) the conditions for payout have not been met (e.g. threshold, lack of commission approval after the Hold), (b) there is a suspicion of Abuse or a need to audit traffic sources, (c) refunds/chargebacks occur or there is a risk of adjustments, (d) KYC/AML procedures have not been completed or updated, (e) the payout data is inconsistent or the payout could violate the law (including AML/sanctions).
If MFA accepts a Withdrawal Request, the payout amount is deducted from the current balance of the Affiliate Account (taking into account any adjustments and deductions in accordance with the Rules/Agreement).
MFA may withhold execution of the payout despite acceptance of the Withdrawal Request if, after acceptance, circumstances justifying the withholding come to light (e.g. suspected fraud, a request from an authority, an AML/sanctions block, an error in the payment data). Insofar as legally permissible, MFA will inform the Partner of the reason for the withholding within a reasonable time.
The Partner is responsible for the correctness of the payment data provided in the Withdrawal Request.

16. Promotion channels, coupon aggregators and brand-bidding

The Partner may promote the Products in the channels permitted in accordance with the Agreement and the Marketing Guidelines (Annex No. 1).
The following in particular are prohibited: spam, cold mailing without the required consents, buying databases, bots/click-fraud, misleading, impersonating MFA.
Coupon aggregators are permitted only with MFA’s prior written consent (including by e-mail) granted at least for the given website or campaign, on the terms indicated by MFA.
Brand-bidding (paid advertising on MFA brand phrases and their misspellings) is prohibited, unless the Agreement/Special Terms expressly permit it.

17. Abuses (anti-fraud) – catalogue and consequences

The following in particular are deemed an Abuse: (a) use of the Partner’s own Discount Code by the Partner, (b) use of the Code by related persons/entities in order to obtain a commission, (c) fictitious transactions, refund loops, chargeback abuse, artificial traffic (bots, click fraud), (d) misleading publications, including as to jurisdiction, risk, costs or the rules of the Product, (e) breaches of the brand-bidding prohibition, if it applies.
In the event of an Abuse, MFA may refuse to calculate/approve commission, reverse approval, withhold payouts, terminate the Agreement with immediate effect and claim damages.

18. Partner Content – originality, legality and labelling of advertisements

The Partner ensures that the content and materials used in promotion are original or that the Partner holds the appropriate rights/licences, and that the publications do not infringe the rights of third parties (copyrights, trademarks, image rights, personal rights).
The Partner undertakes to label advertising/affiliate content unambiguously and to conduct activities in accordance with the law and the Marketing Guidelines.

19. Jurisdictions and territorial restrictions

The Partner conducts promotion with respect for MFA’s jurisdictional restrictions.
The Partner informs its Clients that they are obliged to comply with MFA’s T&Cs/product rules, including those concerning excluded countries.
The Partner will not actively target prohibited countries (e.g. PPC settings, messages directed to those countries), insofar as this is within the Partner’s control.
Detailed jurisdictional restrictions result from the General Terms and Conditions of Service available at mfatraders.com.

20. Settlements – general rules

Settlement period: 30 days
Payout deadline: 7 days – provided that the Partner has successfully completed the KYC/AML procedure and delivered all documents required by MFA
Payout threshold: USD 50.
Currency and exchange rates: USD – or another currency determined in accordance with item 12 of these Rules

21. Duration, notice and termination

The Agreement is concluded for an indefinite period, unless an Individual Agreement provides otherwise.
Each of the Parties may terminate the Agreement by giving 1 month’s notice, effective at the end of a calendar month.
MFA may terminate the Agreement with immediate effect in the event of: Abuse, gross breach of the Rules/Agreement, infringement of third-party rights, jurisdictional breaches, impersonation, covert advertising, brand-bidding (if prohibited), or actions that are unlawful or that threaten MFA’s reputation.
Notwithstanding the above, MFA may terminate the Agreement with immediate effect for important reasons.

22. Amendment of the Rules

MFA may amend the Rules for important reasons (change of law, security, operational changes, prevention of abuse, change of offer).
Information on the amendment will be communicated to Partners by e-mail or via the panel 7 calendar days in advance, unless the amendment is necessary immediately for security or anti-fraud reasons.
Transactions made before the amendment enters into force are settled according to the rules applicable on the date of purchase, unless the amendment concerns the prevention of Abuses or results from mandatory provisions of law.
The above provision applies in particular to amendments of the Standard Terms (standard commission rates and discounts), subject to amendments necessary for the prevention of Abuses or resulting from mandatory provisions of law

23. Final provisions

The law applicable to the resolution of disputes arising on the basis of these Rules is Polish law.
Disputes with B2B Partners shall be resolved by the court competent for MFA’s registered office.
Disputes with Partners who are Natural Persons shall be resolved by the court competent under the general rules.
In matters not regulated by these Rules, the Individual Agreement (if applicable) and the provisions of Polish law shall apply.
Annexes constituting an integral part of the Rules: Annex No. 1 – Marketing Guidelines

Annex No. 1 – Marketing Guidelines for Affiliates

This document (the “Guidelines”) constitutes a practical guide for Affiliates of the Affiliate Program organized by My Funding Account Prosta Spółka Akcyjna with its registered office in Katowice at Al. W. Korfantego 138A, 40-156 Katowice, entered in the register of the National Court Register by the District Court Katowice-Wschód, 8th Commercial Division of the National Court Register, under KRS number: 0001023771, NIP: 6343021306, with a share capital of PLN 2,060,948.00 (“MFA”). The Guidelines are intended to limit the legal, reputational and compliance risks associated with the promotion of prop-trading products (in particular: “MFA Challenge” and “MFA Instant”).

The Guidelines are consistent with good practices of transparent influencer marketing (including recommendations on labelling advertising content and avoiding covert advertising). They apply jointly with the Rules of the Affiliate Program and the Agreement/Special Terms/Individual Agreement. In the event of a conflict – the Agreement/Rules shall prevail.

1. Absolutely binding rules

The following rules apply always and in every channel. A breach may result in withholding of commission, refusal of payout, adjustment, termination of the agreement and other consequences provided for in the Agreement/Rules/Individual Agreement.

Prohibition on giving investment or financial advice or trading “signals” (including: recommendations to buy/sell instruments, strategies tailored to a specific person, indicating entries/exits).
Prohibition on presenting the Products as an investment guaranteeing profit or as a “risk-free” product.
Prohibition on giving guarantees on behalf of MFA and on suggesting that the result is certain (e.g. “you will definitely pass the challenge”, “guaranteed funding”, “sure payout”).
Prohibition on encouraging circumvention of the Product rules, the Rules/T&Cs, risk rules, limits or jurisdictional restrictions.
Prohibition on impersonating MFA (e.g. “official/support/admin” accounts, fake websites, fake announcements, unauthorized use of the logo).
Prohibition on misleading (including by omission) as to the terms of the Products, costs, risks, availability or the rules for qualifying for commission.
Prohibition on pornographic or sexual content or content suggesting sex.
Prohibition on violent/cruel (gore) content and on promoting violence.
Prohibition on racist, sexist or xenophobic content or hate speech.
Prohibition on politically sensitive content or content suggesting a political affiliation of MFA/the Program.
Prohibition on religious content in the context of promoting the Products.
Prohibition on content concerning drugs or other controlled substances.

2. What the Affiliate may not say or do

2.1. Prohibited wording and promises (examples)

“Guaranteed profit”, “sure money”, “risk-free”, “you will 100% pass”, “guaranteed funding/payout”.
“This is the best investment”, “buy now because the price will rise”, “the market will definitely go up/down”.
“I will pass the challenge for you”, “I offer copy-trading / account management” or similar services.
Suggesting that MFA is regulated/licensed in a particular way, if this does not follow directly from MFA’s official communications.
Suggesting that historical results guarantee future results (“if I did X, you will definitely do X too”).

2.2. Prohibited marketing activities

Spam (mass messages, comments, DMs), cold mailing without the required consents, buying databases.
Bots/click-fraud, artificial generation of traffic, fake accounts, fake reviews or hidden endorsements.
Unlabelled advertising messages (covert advertising) – including lack of clear disclosure of the cooperation/affiliation.
Creating websites/landing pages suggesting that they are official MFA websites or misleading as to the relationship with MFA.
Using third-party materials without a licence (music, graphics, video, trademarks, image).
Commenting on/attacking regulators, governments, state authorities in the context of promoting MFA.
Unlawfully disparaging competitors (defamation) or in a way leading to claims (recommendation: neutral communication).

3. Labelling of advertising content (transparency standard)

If a publication contains a discount code, an affiliate link or may otherwise generate a benefit for the Affiliate (a commission), the material must be labelled as an advertisement/advertising material. The label must be unambiguous, legible and understandable to the recipient.

3.1. Required labelling words (preferred)

“ADVERTISEMENT” or “ADVERTISING MATERIAL” or “SPONSORED MATERIAL”.
Permitted supplement: “(affiliation)” / “(affiliate cooperation)” – but not instead of the word “ADVERTISEMENT”.
Hashtags such as “#cooperation”, “#partnership” may be an addition, but should not be the only label.

3.2. Visibility and placement of the label

The label should appear at the beginning of the description or in a visible place on the screen (so that it is visible without clicking “more”).
In video/Stories/Reels/Shorts materials, the label must be legible (contrast, size) and kept on screen long enough to be read.
Do not hide the label among many hashtags or at the end of a long description.
If the material is a series (e.g. several Stories), the label should appear in every slide/episode in which the promotion/code appears.

3.3. Platform tools (e.g. “paid partnership”)

If the platform provides a tool for labelling cooperation (“paid partnership”), use it – but additionally include a clear label in the content/description (e.g. “ADVERTISEMENT”).
Do not rely solely on the platform’s tag if the label is not sufficiently visible to the recipient.

4. Mandatory disclosures and disclaimers

In addition to the “ADVERTISEMENT/ADVERTISING MATERIAL” label, the Affiliate should use a short disclosure of the affiliation and disclaimers on the absence of advice and on risk (adapted to the format). Templates to use are set out below.

4.1. Disclosure of affiliation (short text)

PL: „REKLAMA – współpraca afiliacyjna. Jeśli użyjesz mojego kodu/linku, mogę otrzymać prowizję.”
EN: “AD – affiliate partnership. I may earn a commission if you use my code/link.”

4.2. No investment advice and risk (recommended)

PL (krótko): „To nie jest porada inwestycyjna ani finansowa. Trading wiąże się z ryzykiem.”
PL (pełniej): „Informacje mają charakter edukacyjny/marketingowy i nie stanowią porady inwestycyjnej, finansowej ani prawnej. Trading wiąże się z ryzykiem straty.”
EN: “This is not investment, financial or legal advice. Trading involves risk.”

4.3. Rule of consistency with MFA documents

PL: „Aktualne warunki produktów sprawdź na mfatraders.com w oficjalnych dokumentach/OWU.”
EN: “Check the official terms on mfatraders.com.”

5. Types of cooperation and how to label them (practical table)

Rule: if the Affiliate receives any benefit (money/commission, free access, bonus, gift, discount for themselves) and publishes content about a Product – this must be labelled unambiguously.

Affiliation (code/link = commission): “ADVERTISEMENT/ADVERTISING MATERIAL” + affiliation disclosure.
Paid cooperation (remuneration for a publication): “ADVERTISEMENT/SPONSORED MATERIAL”.
Barter / free access / gift (if in exchange for a publication or if material is expected): “ADVERTISEMENT” + the information “I received access/a gift”.
Self-promotion (you promote your own business/product): “SELF-PROMOTION” (or “ADVERTISEMENT – self-promotion”).

6. Permitted practices (Recommended)

Describe the products accurately and in accordance with MFA documents: what Challenge/Instant is, what the terms and risks are.
Present experiences honestly: if you show results, add context (time, conditions) and a disclaimer that historical results do not guarantee future ones.
Use the formal product names: “MFA Challenge”, “MFA Instant” and the current names of promotions made available by MFA.
Keep a neutral tone towards competitors/regulators and avoid legal speculation.
Direct users to MFA’s official sources (website, T&Cs, support).

7. Rules on jurisdictions and targeting

The Affiliate may not actively target countries/jurisdictions excluded under MFA’s T&Cs/product rules.
The Affiliate may not suggest the availability of services in excluded countries.
In case of doubt – refer the Client to MFA’s official documents and support.

8. Channels, PPC, brand-bidding and coupon aggregators

8.1. PPC and brand-bidding

By default, directing paid advertisements to brand phrases related to MFA (including misspellings) and using labels suggesting officialness is prohibited.
An exception is possible only with MFA’s written consent and on the terms specified by MFA.

8.2. Coupon aggregators

Publishing a code on coupon aggregators is permitted only with MFA’s prior written consent (including by e-mail).
MFA may specify the conditions of publication (e.g. format of the description, prohibition of claims guaranteeing results, rules on the visibility of disclaimers).

9. Rules on the use of MFA marks and materials (Brand & IP)

Use only materials made available by MFA or those to which you hold rights/licences.
Do not register domains, profiles or names containing MFA marks in a manner suggesting officialness (e.g. “mfa-support”, “mfatraders-official”).
Do not modify logos/marks in a way that could be misleading or harm MFA’s good name.

10. Control and correction of content (obligations of the advertiser and the Affiliate)

MFA may require corrections to ensure compliance with the law and the Guidelines.
MFA may require pre-approval of selected materials (e.g. PPC ads, landing pages, video creatives).
MFA’s lack of response does not mean consent, unless MFA expressly decides otherwise in writing.
MFA may order the removal or correction of material within a specified deadline; the Affiliate undertakes to comply with the order without delay.

11. Consequences of breaches

Withholding of commission approval and/or payouts.
Adjustments and deductions (e.g. chargeback, undue commissions).
Refusal to calculate commission for transactions related to the breach.
Termination of the Agreement with immediate effect.
Liability for damages and the obligation to indemnify MFA, in accordance with the Agreement.

12. Checklist for the Affiliate (Quick Checklist)

Have I labelled the material as “ADVERTISEMENT/ADVERTISING MATERIAL” and is the label visible without expanding the description?
Have I added the affiliation disclosure (code/link = commission)?
Have I added a disclaimer on the absence of investment advice and on risk?
Am I not promising profits or a “sure pass”/funding?
Is the description of the Product consistent with MFA’s current documents?
Am I not targeting excluded countries?
Am I not using spam/bots/click-fraud?
Am I not using brand-bidding without MFA’s consent?
Do I hold the rights/licences to all materials used (music/graphics/image)?

In case of doubt, the Affiliate should contact MFA before publishing the material.