Market Data Affiliate Program Addendum

This Affiliate Program Addendum is made between Market Data (“we,” “us,” “our,” “Company”) and the individual or entity applying to become an affiliate (“you,” “your,” “Affiliate”). By participating in our Affiliate Program, you agree to the terms and conditions outlined in this agreement.

This Affiliate Program Addendum (“Affiliate Agreement”, “Agreement”, “Addendum”, “Terms” ) is an addendum to the Market Data Terms of Service (“Standard Terms”). By participating in the Market Data Affiliate Program, you agree to comply with both this Affiliate Agreement and the Standard Terms. In the event of any conflict between the terms of this Affiliate Agreement and the Standard Terms, this addendum shall prevail.

All provisions in the Standard Terms, including but not limited to arbitration, dispute resolution, governing law, indemnification, and limitation of liability, apply to this Affiliate Agreement.

Definitions

Market Data

Market Data is the provider of the market data services that you will be promoting as an affiliate.

Affiliate

The Affiliate refers to the individual or entity that applies to participate in the Market Data Affiliate Program and, upon acceptance, promotes our services to earn commissions. Acceptance is typically automated; however, Market Data reserves the right to remove affiliates after a manual review.

Brand Terms

“Brand Terms” means any of the following, alone or in combination with other words:

• The names “Market Data” and “MarketData” when used as a name, brand, or trademark, in any capitalization, spacing, or punctuation.
• The domain marketdata.app and any subdomain of it.
• The names of our products and services that are formed with the brand, such as the Market Data API, the Market Data Google Sheets Add-on, and Market Data for Microsoft Excel.
• The Market Data logos and any other Market Data trademark, service mark, or trade dress.
• Any misspelling, variant spelling, plural, abbreviation, translation, or other string that is confusingly similar to any of the above, such as “marketdata”, “market-data.app”, “marketdataapp”, or “Market Data Analytics”.

Brand Terms do not include the ordinary English phrase “market data” used generically to describe the industry, a data feed, or the subject matter of an article, so this Agreement restricts the use of our brand and never the use of the generic words.

Brand Guidelines

The Market Data Brand & Trademark Usage Agreement (“Brand Guidelines”) governs every use an Affiliate makes of the Market Data name and logos. Affiliates must comply with the Brand Guidelines in addition to this Agreement. Membership in the Affiliate Program permits an Affiliate to display the Market Data logo as described in the Brand Guidelines; it grants no other license in the Brand Terms. Where the Brand Guidelines and this Agreement both apply to a use, the stricter rule controls.

Overview of the Affiliate Program

Purpose

The Market Data Affiliate Program is designed to reward individuals and entities (“Affiliates”) for promoting our market data services. By participating, Affiliates can earn commissions for referring customers to our platform.

Commission Structure

Affiliates earn a 40% revenue share on sales generated through their referral links. The revenue share continues for the life of the referred customer, including on recurring sales, and there is no cap on an Affiliate’s earnings. This commission is paid out monthly, provided that the minimum payout threshold is met.

Tracking and Reporting

Our system tracks referrals using cookies, which have a duration of 52 weeks. Affiliates can access a dashboard to monitor their referrals, earnings, and performance metrics.

Compliance and Guidelines

Affiliates must adhere to our marketing guidelines and comply with local laws. Prohibited activities include spam, deceptive marketing, and misuse of provided marketing materials.

Enrollment

Eligibility Criteria

To be eligible for the Market Data Affiliate Program, applicants must:

• Be at least 18 years old
• Have a valid and active website or social media presence
• Comply with all applicable laws and regulations

Application Process

Interested individuals or entities can apply to the Affiliate Program by completing the online application form available on our website. The application process is automated and typically takes only a few minutes to complete.

Approval and Rejection Terms

Acceptance into the Affiliate Program is usually automatic. However, Market Data reserves the right to conduct a manual review of any application and reject or remove affiliates at our discretion. If an application is rejected or an affiliate is removed, we will notify the applicant via email with the reason for the decision.

Affiliate Responsibilities

Marketing Practices and Guidelines

Affiliates are expected to promote Market Data services in a professional and ethical manner. Marketing practices should be transparent, truthful, and compliant with applicable laws and regulations. Affiliates are encouraged to use the marketing materials provided by Market Data, but they may also use their own materials as long as they accurately represent our service offerings.

Prohibited Activities

Affiliates are strictly prohibited from engaging in the following activities:

• Spam, including unsolicited emails and messages
• Deceptive marketing practices, such as false advertising or misleading claims
• Promising features, benefits, or performance that Market Data does not offer
• Using unauthorized or misleading marketing materials
• Promoting Market Data services on websites or platforms that contain explicit content, promote violence, or infringe intellectual property rights
• Bidding on, buying, or targeting Brand Terms as keywords, phrases, or audiences on any paid search, shopping, display, or paid social platform, or using Brand Terms in ad copy, headlines, display URLs, or landing page domains, as set out in “Brand Terms in Paid Advertising”
• Running paid advertising on Google or Meta without our prior written approval of the campaign, as set out in “Prior Written Approval for Google and Meta Advertising”
• Using the Market Data name or logos in any way the Brand Guidelines prohibit

Use of Provided Marketing Materials

Market Data will supply Affiliates with marketing materials such as banners, text links, promotional emails, and product information, and we update these materials to reflect current offers and campaigns. Affiliates may request custom materials for a specific need. Affiliates are encouraged to use these materials to ensure consistency and accuracy in the representation of Market Data services. However, they may use their own marketing materials provided they do not misrepresent our services and provided the materials comply with the Brand Guidelines.

Commission Structure

Details of the 40% Revenue Share

Affiliates earn a 40% revenue share on sales generated through their referral links. This percentage is applied to the total sale amount, excluding any applicable taxes and fees. The revenue share is not a one-time payment. It is paid on the initial sale and on every recurring sale for as long as the referred customer remains a paying Market Data customer, and no maximum cap is applied to an Affiliate’s earnings.

Conditions for Earning Commissions

Our system uses a 52-week cookie to track referrals. Commissions are earned when a sale is made within this 52-week period following the initial referral. The period runs from the visitor’s first click, so a sale that follows a free trial is credited to the Affiliate as long as the purchase falls inside the 52 weeks. Affiliates must ensure that their referral links are properly integrated to track these sales accurately.

Handling of Refunds and Chargebacks

If a referred sale is refunded or results in a chargeback, the commission on that sale is deducted from the Affiliate’s payout. A chargeback also carries a $15 fee, which is deducted from the Affiliate’s commission. This fee is a pass-through charge from our payment processor. Where the traffic an Affiliate sends has a history of generating chargebacks, Market Data may hold that Affiliate’s payments for review for up to 6 months. Refunds and chargebacks often indicate deceptive marketing practices, and repeated instances may result in termination from the Affiliate Program.

Payment Terms

Payment Methods

Commissions are paid through various payment methods including bank transfer, PayPal, and other electronic payment systems as specified in the affiliate dashboard. Affiliates must ensure their payment details are accurate and up-to-date to receive their earnings.

Minimum Payout Threshold

The minimum payout threshold is $100. Affiliates must accumulate at least $100 in earned commissions before a payout is issued. Any earnings below this threshold will be carried over to the next payout period.

Timeline for Commission Disbursement

Commissions are disbursed on a monthly basis. Payouts are processed within 30 days after the end of each month for the previous month’s earnings, provided that the minimum payout threshold has been met. The first affiliate payout may be held for review while we get in touch to review the marketing processes used. We typically manually review new users at the point of their first payout.

Cookie Duration

Explanation of 52-week Cookie

Market Data uses a 52-week cookie to track referrals. This means that when a user clicks on an affiliate’s referral link, a cookie is placed in their browser and remains active for 52 weeks. During this period, any purchase made by the user will be attributed to the affiliate who referred them.

How Cookies Track Referrals and Sales

Cookies are small text files stored in a user’s browser when they click on a referral link. These cookies contain information that identifies the affiliate who referred the user. When the user makes a purchase on our site within the 52-week period, the cookie ensures that the sale is tracked and the appropriate commission is credited to the affiliate.

Last Click Attribution

In cases where a user clicks on multiple affiliate links before making a purchase, Market Data uses a last-click attribution model. This means that the affiliate whose link was clicked most recently before the sale will receive the commission for that sale. Affiliates must ensure that their referral links are properly integrated to effectively track these referrals and sales.

Marketing and Compliance

Approved Marketing Methods

Affiliates are encouraged to use various approved marketing methods to promote Market Data services. These include:

• Blog posts and reviews
• Social media promotions
• Email marketing to subscribers who have opted in
• Paid advertisements on approved platforms (must be authorized by Market Data prior to implementation; advertising on Google or Meta requires our prior written approval of the campaign, and no paid campaign of any kind may use Brand Terms)

Prior Written Approval for Google and Meta Advertising

Affiliates must obtain written approval from Market Data of each campaign before that campaign runs on:

• Google, including Google Search, Display, YouTube, Shopping, and Performance Max
• Meta, including Facebook, Instagram, Audience Network, and Threads

An Affiliate requests approval through our contact form before the campaign goes live. The request must state the platform and ad formats, the targeting (keywords, match types, audiences, placements, and geography), the creative (headlines, ad copy, images, and video), and the landing page the ads send traffic to. Only a written answer from Market Data is an approval; silence is not.

An approval covers the campaign as the Affiliate described it. A material change to the platform, the targeting, the keywords, the creative, or the landing page requires a new written approval before the changed campaign runs. Market Data may withdraw an approval at any time by written notice, and the Affiliate must stop the campaign upon receiving that notice.

An approval never permits the use of Brand Terms. The rules in “Brand Terms in Paid Advertising” apply to every campaign, approved or not.

Paid advertising on every other platform also requires authorization from Market Data prior to implementation, as stated in “Approved Marketing Methods”. Google and Meta are named here because they are the platforms affiliates use most often, not because they are the only platforms covered.

Brand Terms in Paid Advertising

Affiliates are prohibited from doing any of the following on any paid search, shopping, display, native, video, or paid social platform, whether or not the campaign has been approved:

• Bidding on, buying, or targeting Brand Terms as keywords, keyword phrases, match types, product targets, interests, or audiences
• Using Brand Terms in ad copy, headlines, descriptions, sitelinks, ad extensions, display URLs, or vanity URLs
• Using Brand Terms, or any confusingly similar string, in the domain or subdomain of a landing page, a redirect, or a tracking link
• Directing paid advertising traffic to marketdata.app or any subdomain of it; an approved ad must land on the Affiliate’s own page, which may then link to us with the Affiliate’s referral link
• Running any advertisement that a reasonable consumer could take for an advertisement placed by Market Data, including an ad that uses our logos, our brand colors, or the look of our website
• Registering an advertising account, page, or profile under a name that contains a Brand Term

Affiliates must add Brand Terms as negative keywords in every approved search or shopping campaign, so that broad matching cannot buy our brand indirectly.

This section restricts the use of our brand. It does not restrict an Affiliate from bidding on the generic phrase “market data” or on other generic industry terms that contain no Brand Term.

Consequences of Unapproved or Brand Term Advertising

A commission attributable to traffic from an unapproved paid campaign, or from any advertising that uses Brand Terms, is forfeited and will not be paid, whether or not the sale would otherwise qualify. Market Data determines that attribution from its own tracking and advertising records.

Market Data may also require the Affiliate to stop the campaign immediately, may hold the Affiliate’s payout pending review, and may terminate the Affiliate’s participation in the Affiliate Program at our discretion under “Conditions for Termination by Either Party”. A termination under this section has the effects described in “Effects of Termination on Unpaid Commissions”.

Restrictions on Advertising Platforms

Affiliates must avoid using prohibited advertising platforms and methods, such as:

• Sending spam or unsolicited emails
• Advertising on websites with inappropriate or offensive content
• Using false or misleading claims in advertisements
• Promoting on platforms that violate local laws or regulations
• Bidding on Brand Terms, or using Brand Terms in ad copy or in a landing page domain, on any paid platform
• Running a campaign on Google or Meta that Market Data has not approved in writing
• Sending paid advertising traffic directly to marketdata.app

Compliance with Local Laws for International Promotions

Affiliates promoting Market Data services internationally must comply with all applicable local laws and regulations in their respective countries. This includes adhering to data protection laws, marketing standards, and consumer protection regulations. Market Data welcomes traffic from every country, but it is a U.S. platform whose product offerings are focused on U.S. markets, so an audience that does not invest in U.S. markets may convert at a low rate. Failure to comply with local laws may result in termination from the Affiliate Program.

Account Management

Access to Affiliate Dashboard

Affiliates will be granted access to a dedicated dashboard where they can monitor their performance. This dashboard provides real-time data on referrals, clicks, conversions, and earned commissions.

Tracking Referrals and Earnings

The affiliate dashboard includes detailed reports on referrals and earnings. Affiliates can view the number of referrals they have generated, the status of these referrals, and the total commissions earned to date. Accurate tracking ensures that affiliates are properly credited for their efforts.

Reporting and Analytics

Comprehensive reporting and analytics tools are available in the dashboard. These tools help affiliates analyze their marketing campaigns, understand their audience better, and optimize their strategies to maximize earnings. Affiliates can generate custom reports to review their performance over specific periods.

Termination

Conditions for Termination by Either Party

Both Market Data and the affiliate have the right to terminate this agreement at any time, with or without cause. Affiliates may terminate their participation by providing written notice to Market Data. Market Data reserves the right to terminate an affiliate’s participation immediately for any reason, including but not limited to violations of this agreement or any applicable laws.

Effects of Termination on Unpaid Commissions

Upon termination, any unpaid commissions that have met the minimum payout threshold will be paid during the next scheduled payout period. Commissions that have not met the minimum payout threshold will be forfeited. Affiliates will no longer earn commissions on sales made after the termination date.

Process for Appeal or Dispute

Affiliates who believe their termination was unwarranted may contact Market Data to discuss their concerns. Any disputes regarding the termination or the calculation of commissions will be handled in accordance with the dispute resolution process outlined in this agreement.

Confidentiality and Data Protection

Confidentiality Obligations

Both parties agree to maintain the confidentiality of any proprietary information, trade secrets, or confidential data disclosed during the course of the Affiliate Program. This includes but is not limited to business strategies, financial information, customer data, and marketing plans. Affiliates must not disclose or use any confidential information for any purpose other than promoting Market Data services without prior written consent.

Data Protection and Privacy Compliance

Affiliates must comply with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Affiliates are responsible for ensuring that any data collected during their marketing activities is handled securely and in accordance with these regulations. Market Data is committed to protecting the privacy of its customers and expects affiliates to adhere to the same standards.

Modification of Terms

Right to Modify Terms

Market Data reserves the right to modify the terms and conditions of this Affiliate Program Agreement at any time. Modifications may include changes to commission structures, payout schedules, marketing guidelines, and other aspects of the program.

Notification Process for Changes

Affiliates will be notified of any changes to the terms and conditions via email and through announcements in the affiliate dashboard. It is the affiliate’s responsibility to stay informed about any modifications by regularly checking their email and the dashboard.

Effective Date of Modifications

Modifications to the terms and conditions will become effective 30 days after the notification is sent. Continued participation in the Affiliate Program after this period constitutes acceptance of the new terms. If an affiliate does not agree with the modifications, they may terminate their participation in the program in accordance with the termination section of this agreement.

Legal Compliance

Governing Law

This Affiliate Program Agreement is governed by the laws specified in the Standard Terms. Affiliates agree to the same jurisdiction and venue for any disputes as outlined in the Standard Terms.

Dispute Resolution Process

All disputes arising out of or related to this Affiliate Agreement will be resolved in accordance with the dispute resolution procedures specified in the Standard Terms, including any requirements for arbitration or mediation.

Indemnification and Limitation of Liability

The indemnification and limitation of liability provisions outlined in the Standard Terms apply to this Affiliate Program Agreement. Affiliates agree to indemnify and hold harmless Market Data and its affiliates as specified in the Standard Terms.

Miscellaneous

Entire Agreement Clause

This Affiliate Program Agreement constitutes the entire agreement between Market Data and the affiliate with respect to the subject matter herein and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the parties.

Severability

If any provision of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

Waiver

The failure of either party to enforce any right or provision of this agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by the party in writing. The waiver of any breach of any provision of this agreement shall not be construed as a waiver of any subsequent breach of the same or any other provision.