
Referral Partner Terms of Use
Prospex Referral Partner Program Agreement (South Africa)
Effective Date: 18/04/2026
1. Introduction & Scope
This Agreement governs the Prospex Referral Partner Program. This program is strictly limited to South Africa. Partners are prohibited from marketing Prospex services to individuals or entities outside the borders of the Republic of South Africa.
By registering as a 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.
Prospex reserves the right to update, modify or amend these Terms and Conditions at any time, at its sole discretion. Any changes will become effective immediately upon being published on this page unless stated otherwise.
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
As a Referral Partner, you act as an “Operator” or independent “Responsible Party” under the Protection of Personal Information Act, 2013 (POPIA).
- 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 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. 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: You may not offer any “reward” or “rebate” to a consumer to induce them to provide their information, as this may be classified as prohibited “Referral Selling” under Section 38 of the CPA.
- Lead Quality: A payment is only earned on “Converted Leads.” A lead is converted only once verified by Prospex and an investment has been finalised.
4. 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. Payments are made on or before the 15th day of each month.
5. 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.
6. Limitation of Liability & Indemnity
Partner shall indemnify Prospex against any fines, penalties, or legal costs imposed by the Information Regulator or the National Consumer Commission resulting from the Partner’s failure to comply with POPIA or the CPA.
7. 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.
8. 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’s decision in such cases shall be final, and no further correspondence or disputes will be entered into.
9. Inactive Accounts
Prospex reserves the right to suspend or terminate any Referral Partner account that remains inactive for a period determined at Prospex’s sole discretion.
“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 Programme.
Prospex may, but is not obligated to, provide notice prior to suspension or termination of an inactive account.
10. 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 South African courts (e.g., High Court of South Africa, Gauteng or Western Cape Division).
11. 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.
12. Contact Us
If you have any questions, concerns, or requests regarding these terms or your information, you can Contact us Here.
