These terms apply to anyone who creates their own affiliate code in the TM Coach app and refers the app to others in exchange for commission. They are separate from the app's Terms of Service – they describe your relationship with the app's operator as an affiliate, not your use of the app itself. By creating an affiliate code, you agree to these terms.
Joining the affiliate program does not make you an employee, agent, or partner of the operator of TM Coach. You are an independent contractor referring the app at your own risk and expense. The affiliate program does not entitle you to any benefits, insurance, or other rights associated with an employment relationship, regardless of the country from which you refer the app.
Commission is calculated as a percentage of the amount a referred member actually pays the app in a given calendar month (cash basis) – not an estimated or amortized amount. The commission rate depends on how many of your referred members are currently active (paying):
The rate can change over time based on how many referred members are currently paying – if a referred member cancels, this can lower your rate for future months as well.
A referred member also automatically receives a membership discount of the same percentage as the affiliate's current commission rate (15% or 20%) at the moment they register. This discount is locked in permanently for that member and applies for the entire duration of their membership, even if the affiliate's commission rate later changes.
When promoting TM Coach, an affiliate must not:
Whenever an affiliate publicly promotes the app (social media, website, video, etc.), they must clearly and conspicuously disclose that they may receive a commission for the referral (e.g., "contains an affiliate code I earn a commission from if you sign up through it"). This obligation applies regardless of the audience's country and reflects, among other things, the U.S. Federal Trade Commission's (FTC) requirements on disclosing paid endorsements.
The app only shows affiliates masked data about referred members (partial name, sign-up date, membership status, commission amount). The affiliate agrees not to share this data further, not to attempt to determine referred members' actual identity, and not to use it for any purpose other than verifying their own commission. The operator's processing of personal data is governed by the Privacy Policy.
The operator reserves the right to suspend or terminate the affiliate program at any time, without cause, with reasonable prior notice. If there is reasonable suspicion of a violation of section 7 (in particular self-referral or fraudulent sign-ups), the operator may terminate the relationship immediately and withhold any accumulated but unpaid commission connected to the suspicious activity.
The affiliate is solely responsible for reporting and paying any taxes related to commission received, under the laws of the country in which they operate. The operator does not withhold any tax at source and does not act as the affiliate's employer.
The affiliate program is provided "as is". The operator is not liable for the affiliate's lost profits or for damages arising from the affiliate's promotional activities. The operator's liability toward the affiliate is limited to the amount of commission actually owed for the last 3 months.
These terms are governed by the laws of the Czech Republic, regardless of the country in which the affiliate operates. Any disputes will preferably be resolved amicably, otherwise by the competent courts of the Czech Republic.
These terms may be updated from time to time, in particular in connection with changes to commission rates or payout rules. Affiliates will be notified of any material change by email or in-app notice with reasonable advance notice.
If you have any questions about the affiliate program, you can reach me at podpora@trademindcoach.app.