Terms of Service

1. Introduction

Welcome to TapRain ("Company", "we", "our", "us")! These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at taprain.com (together or individually "Service") operated by TAPRAIN LLC, a Wyoming limited liability company.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: Privacy Policy.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing [email protected].

3. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

4. Publisher Terms

As a publisher on our platform, you agree to:

Only promote offers in accordance with our guidelines and the specific offer terms
Not engage in any fraudulent activity including but not limited to fake traffic, bot traffic, etc.
Not misrepresent offers or the TapRain platform
Ensure all your traffic sources comply with our policies
Not attempt to manipulate our tracking or payment systems
Maintain accurate and up-to-date information on your account

5. Payments

Payment Terms (Net 30 Monthly). Payouts are calculated on a calendar-month basis and paid on a Net 30 schedule in USD. For clarity, the earning period ends at 11:59:59 PM Eastern Time (ET) on the last day of each month; payment processing generally occurs within 15 business days after Net 30.

Advertiser Approval & Reconciliation. All conversions must be reviewed and approved by the corresponding Advertiser. TapRain's obligations are strictly contingent on actual receipt of cleared funds from the Advertiser for the specific conversions (see Section 6, Advertiser Payment Contingency).

Right to Delay/Withhold/Offset/Reverse. TapRain may delay or withhold any payment and/or offset or reverse amounts at its sole discretion for: (a) validation of traffic or compliance review; (b) reconciliation with Advertiser data; (c) suspected or confirmed invalid traffic, fraud, or policy violations; (d) technical, processor, or banking issues; (e) force majeure. Any such delay does not constitute a breach of these Terms.

Chargebacks & Reversals. Advertiser chargebacks, clawbacks, refunds, or non-payment may result in reductions to pending or future payouts. TapRain may carry a negative balance forward and offset it against subsequent earnings until repaid.

Dispute Window. Affiliates must notify TapRain of any payout dispute within 15 days of the payout date. After this window, TapRain's payout and reporting are final and binding.

Minimum Threshold; Fees. The minimum payout is $5. Balances below the threshold roll over to the next payment period. Payment method availability and any transaction fees may vary; applicable fees may be deducted from payout amounts.

Tax & KYC. You must provide accurate tax forms (e.g., W-9, W-8BEN) and any requested KYC/AML (Know Your Customer / Anti-Money Laundering) information. TapRain may suspend payments until satisfactory documentation is received and verified.

No Guarantee of Earnings. TapRain does not guarantee that any particular campaign, offer, or advertiser will remain active or available, nor does it guarantee any minimum number of conversions, earnings, or payments. Affiliates acknowledge that marketing performance and advertiser decisions are outside TapRain's control.

Modifications to Payment Policy. TapRain reserves the right to modify payment schedules, minimum thresholds, or methods at any time. Material changes may be communicated via email or in-app notification and take effect prospectively. Continued participation in the network constitutes acceptance of such changes.

6. Advertiser Payment Contingency

All affiliate payments are strictly contingent upon TapRain's receipt of full payment from the corresponding Advertiser. If the Advertiser fails to pay, delays payment, reverses payment, or issues a chargeback for any reason, TapRain is under no obligation to make payments to the Affiliate.

No Advances. TapRain has no obligation to advance funds; any advance paid is recoverable by setoff or direct repayment if Advertiser funds are not received.

7. Tracking and Data Discrepancies

TapRain's tracking system shall be the sole and authoritative source for all conversion data, click data, earnings calculations, and payment determinations. In the event of any discrepancy between TapRain's tracking data and any third-party tracking system or affiliate-provided data, TapRain's data shall prevail.

Affiliates acknowledge that tracking discrepancies may occur due to technical limitations, browser settings, ad blockers, network conditions, or other factors beyond TapRain's control. TapRain makes no guarantee regarding the accuracy or completeness of tracking data and shall not be liable for any alleged losses resulting from tracking discrepancies.

You agree to cooperate with reasonable compliance reviews and to retain relevant logs and records for at least 12 months from the conversion date.

8. Traffic Standards & Compliance

Affiliates must adhere to the highest standards of traffic quality and legal compliance:

Prohibited traffic includes, without limitation: bot/fake/incentivized traffic where not expressly allowed; brand bidding on Advertiser trademarks; misleading creatives; forced clicks; cookie stuffing; device/geo spoofing; cloaking; adult content where prohibited; and any violations of offer terms.
Affiliates must comply with applicable laws and platform rules, including FTC endorsement guidelines, CAN-SPAM (email), TCPA (SMS/telemarketing), COPPA (children), and applicable GDPR/CCPA obligations for personal data.
Where required, you must obtain end-user consent for tracking or communications and provide legally sufficient disclosures.
TapRain may suspend or terminate accounts for violations and may withhold or reverse related earnings.

9. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

10. Rank System

Our platform features a rank system that rewards consistent performance:

Ranks are determined by your lifetime earnings on our platform
Higher ranks unlock additional benefits, higher commission rates, and exclusive features
Rank benefits are subject to change with reasonable notice
We reserve the right to adjust rank thresholds as needed

11. Referral System

Our referral program allows you to earn additional income by referring new publishers to our platform:

You will receive a commission on the earnings of publishers you directly refer to our platform
Referral commissions are limited to one level only - if someone you refer brings in their own referrals, you will NOT receive any commission from those secondary referrals
This ensures our referral system operates as a simple, transparent affiliate program and not as a multi-level marketing scheme
Referral commissions are paid according to the same schedule as regular publisher payments
We reserve the right to modify referral commission rates with reasonable notice
Fraudulent referral activity, including self-referrals, fake accounts, or circular referrals, will result in immediate account termination. TapRain may remove referral bonuses for suspected abuse.

12. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of TapRain and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TapRain.

You retain ownership of any content you submit, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with operating the Service.

13. Third-Party Offers and Advertisers

TapRain provides access to offers and campaigns operated by third-party advertisers ("Advertisers"). You acknowledge and agree that:

TapRain acts solely as an intermediary platform connecting publishers with Advertisers
TapRain does not control and is not responsible for the content, accuracy, legality, quality, or availability of any third-party offer or advertiser campaign
TapRain does not guarantee the performance, payment terms, or conduct of any Advertiser
Any engagement, transaction, or dispute between you and an Advertiser shall be resolved solely between you and that Advertiser
TapRain shall not be liable for any damages, losses, disputes, or liabilities arising from your relationship with any Advertiser or participation in any third-party offer
You are solely responsible for reviewing and complying with the terms and conditions of each Advertiser and offer you promote

TapRain functions solely as a technology and tracking platform. The Company does not monitor, control, or assume responsibility for any user-generated or affiliate content and shall be entitled to safe-harbor protections under applicable law.

14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall TapRain, its officers, directors, employees, related entities, agents, contractors, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

Loss of profits, revenue, or data
Loss of goodwill or business opportunities
Service interruptions or delays
Errors or inaccuracies in content
Damages arising from your use or inability to use the Service
Damages arising from third-party offers, advertisers, or other users
Delays in payment, advertiser chargebacks, or payment processing issues
System downtime, technical errors, or tracking discrepancies
Loss of expected earnings or business interruption

In no event shall TapRain's total cumulative liability to you arising out of or related to these Terms or your use of the Service exceed the total amount actually paid by TapRain to you in the three (3) months immediately preceding the event giving rise to the liability, or $100, whichever is greater. The limitations set forth herein shall survive termination or expiration of this Agreement.

15. Indemnification

You agree to indemnify, defend, and hold harmless TapRain, its parent company, subsidiaries, and related entities (excluding marketing affiliates or publishers using the platform), officers, directors, employees, agents, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees and court costs) arising from:

Your use of and access to the Service
Your violation of any term of these Terms
Your violation of any third-party right, including without limitation any intellectual property, copyright, property, publicity, or privacy right
Any claim that your content, promotional methods, or advertising caused damage to a third party
Your promotion of any third-party offer or advertiser campaign
Any fraudulent, negligent, or wrongful conduct by you
Your violation of any law, regulation, or rights of another
Any traffic or conversions generated through your promotional activities

This defense and indemnification obligation will survive the termination of these Terms and your use of the Service. The indemnities set forth herein shall survive termination or expiration of this Agreement. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

16. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAPRAIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE SERVICE
RESULTS OBTAINED FROM USE OF THE SERVICE

TapRain makes no warranty that:

The Service will meet your requirements or expectations
Any offers, campaigns, or advertisers will be available, accurate, reliable, or of any particular quality
Any earnings, payments, or commissions will be guaranteed or consistent
Any errors in the Service will be corrected
Advertisers will pay for conversions or honor their obligations

No advice or information, whether oral or written, obtained by you from TapRain or through the Service shall create any warranty not expressly stated in these Terms.

17. Independent Contractor Relationship

You acknowledge and agree that your relationship with TapRain is that of an independent contractor. Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, principal-agent, or franchisor-franchisee relationship between you and TapRain. Nothing herein shall create any partnership, joint venture, or fiduciary relationship between the parties.

As an independent contractor:

You are not an employee, agent, or representative of TapRain
You have no authority to bind TapRain to any obligation
You are solely responsible for all taxes, withholdings, and other statutory obligations relating to your earnings
You are not entitled to any employee benefits, including but not limited to health insurance, retirement benefits, workers' compensation, or unemployment insurance
You are responsible for your own business expenses
You have the freedom to work with other affiliate networks or advertisers
TapRain has no control over when, where, or how you perform your promotional activities

You are solely responsible for determining how, when, and where you perform your services under these Terms. You acknowledge that you bear all risks associated with your independent business operations.

18. Force Majeure

TapRain shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or labor disputes, Internet or telecommunications failures, power outages, software or hardware failures, third-party service provider failures, payment processor or banking system failures, advertiser insolvency or non-payment, distributed denial-of-service attacks, governmental actions, compliance with sanctions or OFAC screening requirements, or any other events beyond TapRain's reasonable control. In the event of a force majeure, TapRain's obligations (including payment obligations) shall be suspended for the duration of such event, and TapRain shall not be liable for any damages resulting therefrom.

19. Export Controls & Sanctions

You represent and warrant that:

You are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions
You are not a denied or restricted party under applicable U.S. export control or sanctions laws, including the U.S. Treasury Department's Office of Foreign Assets Control (OFAC) lists
You will not use the Service in violation of any U.S. export control or sanctions laws
You will not promote offers to end users in sanctioned territories or to prohibited parties

TapRain reserves the right to suspend or terminate accounts, withhold payments, or block access based on geographic location or sanctions compliance requirements.

20. Data Protection and Privacy

TapRain collects, processes, and stores personal data and usage information as described in our Privacy Policy. By using the Service, you consent to such collection and use of your information.

You agree to comply with all applicable data protection and privacy laws when promoting offers, including but not limited to obtaining necessary consents from end users and providing required privacy notices. You shall not use the Service in any manner that violates the privacy rights of third parties.

21. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms, suspected fraudulent activity, violation of advertiser terms, or any conduct that we determine to be harmful to the Service, other users, or third parties.

Upon termination:

Your right to use the Service will immediately cease
Any unpaid commissions that have met the minimum payment threshold and are not subject to fraud investigation will be paid according to our regular payment schedule
We reserve the right to withhold any payments that are under investigation or subject to chargeback, refund, or reversal
You must immediately cease using all TapRain promotional materials, tracking links, and brand assets

If you wish to terminate your account, you may do so by contacting us at [email protected] or by discontinuing use of the Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation: ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, dispute resolution provisions, independent contractor relationship provisions, and any obligations to pay amounts accrued prior to termination.

22. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Binding Arbitration. You and TapRain agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including but not limited to payment disputes, breach of contract claims, or allegations of fraud) shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as modified by this Section. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this agreement to arbitrate. The arbitration shall be conducted by a single arbitrator seated in Wyoming, or remotely by video conference at TapRain's discretion.

Small Claims Court. Either party may bring an individual action in small-claims court in Wyoming for disputes within that court's jurisdiction, as an alternative to arbitration.

No Class Actions. You and TapRain agree that any arbitration or legal proceeding shall be conducted on an individual basis only, and not as a class action, consolidated action, or representative action. You and TapRain expressly waive any right to pursue claims on a class-wide basis. You may not act as a class representative or participate as a member of a class of claimants with respect to any claim.

If any provision of this arbitration agreement is found to be unenforceable, the remainder shall continue in full force and effect. This arbitration agreement shall survive the termination of these Terms.

23. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. These Terms shall apply to all disputes regardless of the Affiliate's country or jurisdiction of residence.

To the extent that any dispute is not subject to arbitration under Section 22, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Wyoming, and you hereby consent to the personal jurisdiction and venue of such courts. You waive any objection to venue or jurisdiction in Wyoming courts.

24. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if modification is not possible, such provision shall be severed from these Terms. The validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.

25. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and TapRain regarding your use of the Service, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and TapRain. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

26. Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder without the prior written consent of TapRain. TapRain may assign these Terms or any of its rights or obligations hereunder at any time without notice to you. Any attempted assignment in violation of this section shall be null and void.

27. Changes to Service

We reserve the right to withdraw, modify, or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

28. Amendments to Terms

We may amend these Terms at any time by posting the amended terms on this site. Material changes to payment terms or commission structures may be communicated via email or in-app notification and shall take effect prospectively unless otherwise specified.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

29. Survival

The following provisions shall survive termination or expiration of these Terms: Sections 5 (Payments - with respect to amounts accrued), 6 (Advertiser Payment Contingency), 7 (Tracking and Data Discrepancies), 12 (Intellectual Property), 14 (Limitation of Liability), 15 (Indemnification), 16 (Disclaimer of Warranties), 17 (Independent Contractor Relationship), 19 (Export Controls & Sanctions), 22 (Dispute Resolution and Arbitration), 23 (Governing Law and Jurisdiction), and any other provision which by its nature should survive termination.

30. Contact Us

If you have any questions about these Terms, please contact us:

By email: [email protected]

Via our Discord community

TAPRAIN LLC

Registered in Wyoming, United States