Referral Partner Terms of Use

Effective Date: 13/07/2026

1. Introduction & Scope

This Agreement governs the Prospex Referral Partner Program. By signing up as a Referral Partner, you agree to these Terms and Conditions.

By registering as a Referral Partner, you confirm that you are either a South African resident or a South African registered entity with a valid South African bank account for referral payment disbursements.

It is your responsibility as a Referral Partner to review these Terms periodically to stay informed of any updates. Continued participation in the Prospex Referral Partner Program following any changes constitutes acceptance of those revised Terms.

2. POPIA Compliance & Data Privacy

Referral Partners are independent parties and are responsible for complying with POPIA in relation to any Personal Information they collect, process, store, or disclose in connection with the Referral Partner Program.

• Consent: You warrant that any lead data (names, email addresses, phone numbers) provided to Prospex has been collected lawfully and that the Data Subject has given explicit consent to be contacted by Prospex and/or its investment partners.
• Direct Marketing: You must comply with Section 69 of POPIA regarding unsolicited electronic communications. You may not use “scraping” or “harvested” lists to find leads for Prospex.
• Data Breach: You must notify Prospex immediately (within 24 hours) if you suspect any data breach involving leads intended for or referred to Prospex.

3. No Financial Advice or Investment Recommendations

Referral Partners may not provide financial advice, financial recommendations, investment guidance, or make any representation regarding the suitability of any investment product.

Referral Partners are authorised only to introduce prospective investors to Prospex. All investment discussions, recommendations, and advice must be conducted by appropriately authorised financial services providers where required by law.

4. No Investment Representation

Referral Partners may not guarantee investment returns, capital protection, profitability, performance, or any specific investment outcome.

Any marketing material used by Referral Partners must accurately reflect information approved or published by Prospex and must not contain misleading, exaggerated, or unsubstantiated claims.

5. Converted Referrals & South African CPA

In accordance with the Consumer Protection Act (CPA):

• Transparency: You must clearly disclose your relationship with Prospex. Any social media post or advertisement must include a disclosure (e.g., “Ad”, “Partner”, or “Prospex Referral Partner”).
• No Referral Selling: Referral Partners may not engage in any marketing practice that constitutes prohibited referral selling or any other conduct prohibited under the Consumer Protection Act.
• Lead Quality: A payment is only earned on “Converted Leads.”

A “Converted Lead” means a referred individual who:

• Has been successfully verified by Prospex and/or its investment partners;
• Has completed all required application and compliance procedures;
• Has made the minimum qualifying investment amount determined by Prospex; and
• Whose investment funds have been received and cleared.

A referral payment only becomes payable once all of the above requirements have been satisfied.

Prospex reserves the right, in its sole discretion, to reject any referral that does not meet its quality, compliance, regulatory, or business requirements. No referral payment shall be payable in respect of rejected referrals.

6. Referral Payments & Tax (SARS)

• Currency: All referral payments are calculated and paid in South African Rand (ZAR).
• Tax Responsibility: You are an independent contractor, not an employee. You are solely responsible for declaring your referral partner income to the South African Revenue Service (SARS).
• Payouts: Payments are made via EFT to South African bank accounts only. Referral payments are made on or before the 15th day of the month following the month in which the referral payment became payable.

7. Referral Fees

Prospex reserves the right to amend, replace, suspend, or withdraw any referral fee, commission structure, incentive, or reward offered under the Referral Partner Program at any time. Unless otherwise specified by Prospex, any amended referral fee structure shall apply to future referrals only.

8. Self-Referral Restriction

Referral Partners may not refer themselves, their own investment accounts, or any entity under their direct ownership or control for the purpose of earning referral payments.

9. Fraud Prevention

Prospex reserves the right to withhold, reverse, adjust, or cancel referral payments where it reasonably suspects fraudulent activity, self-referrals, duplicate referrals, artificial lead generation, misuse of referral links, or any breach of these Terms.

Prospex reserves the right to investigate suspected violations of these Terms and to request supporting information from Referral Partners where reasonably necessary.

10. Prohibited Conduct

• Brand Bidding: You may not bid on “Prospex” or “Prospex South Africa” keywords on Google Ads or any other PPC platform.
• Negative Marketing: You may not use “scare tactics” or misleading claims about competitors to drive leads to Prospex.
• Spam: Use of “cold” SMS or WhatsApp marketing to drive referrals is strictly prohibited and will result in immediate termination.

11. Use of Prospex Branding

Referral Partners may use Prospex branding, logos, marketing materials, and approved content only as authorised by Prospex.

Referral Partners may not modify, misrepresent, or create derivative versions of Prospex branding without prior written consent.

Prospex reserves the right to revoke permission to use its branding at any time.

Referral Partners may not register, use, or operate any domain name, social media account, website, advertisement, or online presence that could reasonably be mistaken for being owned, operated, or endorsed by Prospex.

12. Limitation of Liability & Indemnity

Each Referral Partner shall indemnify Prospex against any fines, penalties, or legal costs imposed by the Information Regulator or the National Consumer Commission resulting from that Referral Partner’s failure to comply with POPIA or the CPA.

To the maximum extent permitted by law, Prospex shall not be liable for any indirect, consequential, incidental, special, or punitive damages arising from participation in the Referral Partner Program.

Prospex’s total liability under this Agreement shall not exceed the total referral payments paid to the Referral Partner during the preceding twelve (12) months.

13. Referral Tracking and Attribution

Prospex uses unique referral links to track and attribute referrals to Referral Partners. For tracking to work correctly, the person you refer needs to click your referral link and complete their details using the same device and browser.

If someone clicks your link but later returns using a different device, browser, or without your referral link, we may not be able to track that they were referred by you. Unfortunately, in these cases, we can’t guarantee that the referral will be credited.

That said, if you believe you referred someone who went on to invest but you didn’t receive credit, please contact us. We will review the situation and, where possible, match the investor’s details (such as their name and contact information) with your referral. If we can reasonably confirm the referral, we will manually assign it to you and apply the relevant referral fee.

14. Multiple Referral Claims

In the event that more than one Referral Partner claims to have referred the same client, Prospex will apply a “first referral” principle. This means that the referral will be attributed to the Referral Partner whose referral link was first used by the client and successfully recorded by Prospex’s tracking system.

Prospex’s tracking records shall be the primary basis for determining referral attribution. Where tracking data is unavailable or inconclusive, Prospex reserves the right, at its sole discretion, to determine the appropriate Referral Partner based on the information available.

Prospex may request additional supporting information from Referral Partners when assessing competing referral claims.

Prospex’s decision in such cases shall be final, and no further correspondence or disputes will be entered into.

15. No Employment Relationship

Nothing in this Agreement creates any employment, agency, partnership, joint venture, fiduciary, or similar relationship between Prospex and the Referral Partner.

16. No Guarantee of Referral Income

Participation in the Referral Partner Program does not guarantee any level of referral activity, lead generation, conversions, or income. Referral earnings will depend on a variety of factors, including the quality of referrals and investor decisions.

17. Referral Payment Discretion

All referral payments are subject to verification and approval by Prospex. Prospex reserves the right to withhold payment where it reasonably believes a referral does not comply with these Terms or applicable laws.

18. Inactive Accounts

Prospex reserves the right to suspend or terminate any Referral Partner account that remains inactive for a continuous period of three (3) months.

“Inactive” refers to a lack of meaningful engagement with the platform, including but not limited to failure to submit referrals, log into the account, or otherwise participate in the Referral Partner Program.

Prospex may, but is not obligated to, provide notice prior to suspension or termination of an inactive account.

19. Additional Reasons For Account Termination

Prospex may suspend or terminate a Referral Partner account immediately if:

• These Terms are breached;
• Unlawful activity is suspected;
• Misleading marketing practices are identified; or
• Prospex reasonably believes continued participation may expose it to legal, regulatory, reputational, or commercial risk.

Upon termination of a Referral Partner account, Prospex may, at its sole discretion, honour referral payments relating to Converted Leads generated before termination, provided the Referral Partner has complied with these Terms.

20. Entire Agreement

This Agreement constitutes the entire agreement between Prospex and the Referral Partner in relation to the Referral Partner Program and supersedes any prior discussions, representations, communications, or understandings relating to the Program.

21. Force Majeure

Prospex shall not be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure results from circumstances beyond its reasonable control.

22. Jurisdiction

This Agreement is governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

23. Severability

If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect.

24. Amendments

We reserve the right to amend these Terms at any time. Updated Terms will be published on this page with a revised Effective Date.

Continued participation in the Prospex Referral Partner Program constitutes acceptance of any updated Terms.

25. Contact Us

If you have any questions, concerns, or requests regarding these terms or your information, you can contact us here.