Please read these Affiliate Partner terms and conditions (“Terms and Conditions”) carefully. Participation in this Affiliate Programme will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this Programme. Acceptance to the Programme is limited and under the sole discretion of Cellucity (Pty) Ltd.
- SCOPE OF SERVICES
1.1. The Affiliate shall market, promote, and direct potential customers to the products and/or services (the “Services”) of the Company using specific URLs provided by the Company.
1.2. The Affiliate will use its best efforts to actively and effectively advertise, market and promote the Services as widely as possible.
- COMMISSION
2.1. The Company shall pay the Affiliate a commission based on the Net Orders generated from new customers directed by the Affiliate’s efforts. The “Net Orders” shall be defined as; the total orders made by customers directed by the Affiliate, less any refunds, chargebacks (credit card refunds), or credits given to customers.
2.2. A successful referral order will only be attributed to an affiliate partner if a customer clicks directly on an affiliate-attributed web link (URL) or has clicked on an affiliate partner URL within 30 days.
2.3. The commission rate will be R50.00 per order completed and paid for in full. Commission will not be paid on sales taxes, duties, or any other charges related to the sale of the Services. We reserve the right to adjust the commission rate with 28 days’ notice.
2.4. The Affiliate will have access to a monthly report detailing their performance and the calculation of the commission due.
2.5. The Affiliate will be required to submit an invoice to Cellucity (Pty) Ltd every month within 14 days following the end of each month.
2.6. The commission invoice will be paid within 14 days following receipt of the commission invoice.
2.7. Failure to provide an invoice within the required deadline may result in the rejection of the commission claim.
- TERM AND TERMINATION
3.1. This Agreement will begin on the Effective Date and will continue until terminated by either party upon 30 days written notice.
3.2. Upon termination, the Affiliate will be entitled to unpaid commissions, if any, earned by the Affiliate on or before the date of termination.
- LIABILITY AND INDEMNITY
4.1. Each Party will indemnify, defend and hold the other Party harmless, including costs and attorneys’ fees, from any claim or action brought by a third party relating to the negligence, gross negligence, or intentional misconduct of the other Party.
4.2. Neither Party shall be liable to the other for any special, indirect, incidental, punitive, or consequential damages arising from or related to this Agreement.
4.3. Any attempt to fraudulently cheat the system, will result in immediate termination from the program and forfeiture of any accrued commission. These include but not limited to;
- sending fake leads
- bidding on your trade-mark terms
- diverting and hiding links to cheat legitimate affiliates
- using stolen credit cards
- promoting products or services not authorized by Cellucity
- any actions, comments or posts (directly or indirectly) that may reflect poorly on Cellucity
- DATA PRIVACY AND PROTECTION
5.1. The Affiliate must comply with all data protection laws and regulations applicable to them in their handling of user data obtained in relation to this Agreement.
5.2. The Affiliate must not disclose, or allow any third party to access, any user data without the prior written consent of the Company.
- CONFIDENTIALITY
6.1. Each party agrees not to disclose or use the other’s proprietary information without the prior written consent of the other party. This section shall remain in force even after termination of the Agreement.
- GOVERNING LAW AND JURISDICTION
7.1. This Agreement shall be governed by and construed per the laws of South Africa. All disputes arising under or concerning this Agreement shall be subject to the exclusive jurisdiction of the courts of Western Cape.
- ENTIRE AGREEMENT
8.1. This Agreement constitutes the entire agreement between the Parties concerning this transaction, and replaces all previous communications, representations, understandings, and agreements, whether verbal or written between the Parties to this Agreement or their representatives.
