Brand payment agency terms

The brand that accepts these terms (the brand) appoints Software Automated Ltd, trading as ViralPayouts, as its agent for one limited purpose: to receive money from the brand and use it to pay the commissions, recruiter overrides and other amounts the brand owes to partners in its program.

ViralPayouts acts for the brand only. It is not the partners' agent and does not collect money on their behalf. These terms are part of the terms of service and sit beside each program's program terms, which are the agreement between the brand and its partners.

Commissions and overrides are the brand's debts to its partners. ViralPayouts pays them on the brand's behalf, and only from money the brand has sent. The brand stays responsible to its partners for any amount until it has been paid to them. ViralPayouts never advances its own money to cover the brand's commissions.

Brands are invoiced on the 1st and 16th; partners are paid as soon as the brand pays, at the latest on the 13th or 28th.

Each invoice covers:

• the commissions and overrides that have cleared (approved and past their hold) and are not yet paid, less any balance the brand already holds with us;
• the ViralPayouts fee, at the rate in the brand's plan;
• payout costs, passed through at cost and itemised (the fees the payout provider charges to send each payment).

The brand pays by bank transfer within 7 days of the invoice, quoting the invoice reference. Card payments are not accepted.

A partner is paid once their balance is past its hold date, has reached the minimum payout, and the invoice covering it has been paid in full. Partners are paid as soon as the brand's payment can be sent on, and within 5 days of the due date at the latest. If the brand pays late, payments to its partners wait, and the partners are told why.

Money the brand sends to pay partners is held in an account kept for that purpose, separate from ViralPayouts' own operating money, and used only to pay the brand's partners and the payout costs on its invoice. It earns no interest for either party. The ViralPayouts fee becomes ViralPayouts' own money only once the invoice is paid.

ViralPayouts sends payments through regulated payout providers it chooses, which may include Whop, Airwallex, Revolut Business and Wise. It may change provider at any time, including to keep partners paid if a provider delays or restricts payments. The brand authorises ViralPayouts to share the data a provider needs to make each payment. See sub-processors.

ViralPayouts may run identity, sanctions and fraud checks on partners before paying them, and may hold a payment while a check is open. Money held this way remains the brand's. It is either paid once the check clears or returned under "Unused money" below.

ViralPayouts collects tax forms from partners (W-9 or W-8BEN) on the brand's behalf and makes them available to the brand. For US information reporting the brand is the payer. ViralPayouts acts as its paying agent, doing the administrative work of collecting forms, calculating amounts and making payments, and gives the brand the data it needs to file any return, such as a 1099-NEC. The brand is responsible for filing, unless ViralPayouts agrees in writing to file on its behalf.

If the brand leaves, or money it sent is not needed (for example a commission reversed for fraud), ViralPayouts returns it within 30 days to the account it came from, less any amounts the brand still owes.

ViralPayouts keeps a record of every amount received from the brand and every payment made on its behalf. The brand can see and export it at any time from its dashboard.

ViralPayouts is not liable for delays caused by a payout provider, a bank, or wrong details given by a partner, but will retry or switch provider promptly. Nothing here makes ViralPayouts a bank, an escrow agent or a guarantor of the brand's debts. Liability is otherwise as set out in the terms of service.