Affiliate Terms

Affiliate Terms

 

THE AGREEMENT: The Company offers an opportunity to the Affiliate, and the Affiliate accepts the offer, to operate as an Affiliate under the terms of this Agreement.

 

Please ensure you read and understand the entirety of this document. Each and every term in this Agreement is important to a successful and productive working relationship.

 

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

  1. This Agreement, Affiliate Agreement: This Agreement is a legal document between you and the Company and describes the Affiliate relationship we are entering into. This Agreement covers your responsibilities as an Affiliate and our responsibilities to you.

We will use the term Agreement, which refers to this document in its entirety.

  1. Company, Us, We, Adventure Escapades and Amper Online CC: We’ll be referred to as the Company. Any and all other first-person pronouns will also refer to the Company and will include all employees or legal agents of the Company.
  2. c) You, Affiliate: You will be referred to as the Affiliate. You’ll also be referred to throughout this Agreement with second-person pronouns such as You, Your and/or Yours.
  3. d) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as “Parties” or individually as “Party.”
  4. e) Affiliate Programme: The Programme we’ve set up for our Affiliates as described in this Agreement.
  5. f) Affiliate Application: The fully completed Form, which must be completed and submitted to us for consideration for inclusion in the Affiliate Programme.
  6. g) Affiliate Site: Any website or social media page representing, run or managed by the affiliate (you).
  7. h) Affiliate Code: The unique code the Company provides you with to track and trace your referrals
  8. i) Website: Our primary website is located at www.AdventureEscapades.co.za.
  9. j) T&C/s: These refer to any and all terms and conditions, legal requirements, privacy policies, end-user license agreements: and/or other legal announcements posted on the Website from time to time
  10. k) Effective Date: ………………….., irrespective of the date of signing.

 

2) ASSENT & ACCEPTANCE

By submitting an Affiliate Application to our Affiliate Programme, you warrant that you have read and accept this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please do not submit an Affiliate Application. This Agreement specifically incorporates all T&Cs.

 

 

 

3) PROGRAMME SIGN-UP

Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Programme. We evaluate each and every Affiliate Application and are the sole and exclusive decision-makers on Affiliate acceptance. If we choose not to allow your inclusion in the Affiliate Programme, we will attempt to notify you in a reasonable manner. If you do not hear from us within 14 (fourteen) calendar days of submission, please consider your Affiliate Application rejected. We are not obligated to provide you with any explanation for your rejection, but please be advised we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Acceptable Use Policy.

 

If your Affiliate Application is rejected, you may not re-apply. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Programme.

 

4) NON-EXCLUSIVITY

This Agreement does not create an exclusive relationship between you and us. Both Parties are free to work with anyone else in a similar Affiliate Programme, in any category. This Agreement imposes no exclusivity restrictions on either Party.

 

5) AFFILIATE PROGRAMME

NB:  the below is a general description of the Affiliate Programme. Everything contained in this sub-section is subject to the specific T&Cs throughout the rest of this Agreement.

 

After your acceptance in the Affiliate Programme:

  1. Affiliate Codes: We will provide you with a specific code, personalized to you as an Affiliate, for your promotion. We may modify the specific code and will notify you if we do so. You agree to only use a code which is approved by us and to display our logo prominently on your website or social media page, as described in your Affiliate Application (collectively, the “Affiliate Site”).
  2. No cookie stuffing: You agree not to use cookie “stuffing”, or other techniques which may incorporate a tracking code without the specific knowledge of the online user. All information which will be displayed on the Affiliate Site regarding the Company must be approved by us in writing prior to display.
  3. Sales: Each time a user completes the sale of the product or service using your Affiliate Code and we determine it is a Qualified Purchase, as described below, you will be eligible to receive the following percentage of the sale value: 5% (five percent).

 

6) SPECIFIC TERMS APPLICABLE

  1. a) All payouts are determined by user purchases made using the Affiliate’s unique Affiliate Code.
  2. b) We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement and payouts are in our sole and exclusive discretion.

 

 

  1. c) Processing and fulfillment of orders will be our responsibility.
  2. d) A data report regarding your account with us will be provided, on request, at any time.
  3. e) User purchases must be Qualified Purchases. The Qualified Purchases criteria is:
  4. Must not be referred by any other partner or Affiliate of the Company eg Qualified Purchases for reimbursement to you must have used your specific Affiliate Code when booking;
  5. May not be purchased by an already existing partner or Affiliate of the Company;
  • May not be purchased prior to the Affiliate joining the Affiliate Programme;
  1. Must have used a properly issued Affiliate Code ie not your company, personal name;
  2. May not be purchased by a customer in violation of any of our legal terms or Acceptable Use Policy;
  3. May not be fraudulent in any way, in the Company’s sole and exclusive discretion.

 

7) PAYOUT INFORMATION

  1. a) Payouts will only be available when the Company has your current information (in which deposits are to be made) as well as a certified copy of your ID document;
  2. b) An invoice will need to be raised by you for all payments made, for accounting purposes;
  3. c) The company will not be responsible for submitting any statutory and/or tax documentation, and this will remain the sole responsibility of the Affiliate;
  4. d) Currently, the Company employs Electronic Funds Transfer (EFT) payments monthly, by the last working day of the month following the sale;
  5. e) Payouts will be available the month or period after they accrue. For example, if payouts are made every 30 days, an entire 30 day period must finish for the payout of that period to be available in the following period.
  6. f) The Company must be informed immediately should your banking information change so that timeous payments can occur;
  7. f) We explicitly reserve the right to change payout information in our sole and exclusive discretion. If we do so, you will be notified;
  8. g) For any disputes as to payout, the Company must be notified within 14 (fourteen) calendar days of your receipt of a payout. We will review each dispute notification, as well as the underlying payout transaction, to which it is related. Disputes filed after 14 (fourteen) calendar days of payout will not be entertained.
  9. h) Should a raised dispute need correction, this will be done on the next payout run.

 

8) REPORTS

Our aim is to provide timeous, relevant and transparent information to all Affiliates. You may request a report related to your Affiliate Programme, such as payout reports and qualified purchase information, at any time.

 

 

9) TERM, TERMINATION & SUSPENSION

  1. a) The term of this Agreement will begin when we accept you into the Affiliate Programme. It can be terminated by either Party at any time with or without cause.
  2. b) You may only earn payouts as long as you are an Affiliate in good standing. If you terminate this Agreement with us, you will only qualify to receive payouts earned prior to the date of termination.
  3. c) If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website/s, you forfeit all rights, including the right to any unclaimed payout.
  4. d) We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, publish or distribute illegal material, and/or bring the Company’s name into disrepute.
  5. e) At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.


10) INTELLECTUAL PROPERTY (IP)

  1. You agree that the intellectual property owned by the Company includes all copyrights, trademarks, brand imagery, strategic information, marketing material, customer lists, trade secrets, patents, systems and structures, and/or other intellectual property belonging to the Company, howsoever shared with you;
  2. Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites as part of our Affiliate Programme and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way, and you are only permitted to use the Company IP if you are an Affiliate in good standing with us;
  3. We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement and may seek legal action;
  4. Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion;
  5. Your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in court. You may be obligated to pay monetary damages or legal fees and costs as determined by the justice system;
  6. You hereby provide us a non-exclusive license to use your name, trademarks and service marks, if applicable, and other business intellectual property to advertise your Affiliate Code as part of our Affiliate Programme.

 

 

11) MODIFICATION & VARIATION

  1. a) The Company may, from time to time and at any time, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
  2. b) If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. If you don’t agree to the update or replacement, you can choose to terminate this Agreement as described below.
  3. c) To the extent any part or subpart of this Agreement is held ineffective or invalid by any court of law, you agree that:
  4. i) all other parts of this Agreement remain intact and enforce;
  5. ii) the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
  6. You agree to routinely monitor this Agreement and refer to the Effective Date posted on Page One (1) of this Agreement to note modifications or variations.

 

12) RELATIONSHIP OF THE PARTIES

Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and all statutory regulations apply accordingly.

 

13) ACCEPTABLE USE

  1. You agree not to use the Affiliate Programme or our Company IP for any unlawful purpose or any purpose prohibited under this clause.
  2. You agree not to use the Affiliate Programme in any way that could damage our Website/s, listings, products, services, or the general business of the Company.
  3. You further agree not to use the Affiliate Programme:
  4. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
  5. To violate any intellectual property rights of the Company or any third party;
  • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  1. To perpetrate any fraud;
  2. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  3. To publish or distribute any obscene or defamatory material;
  • To publish or distribute any material that incites violence, hate, or discrimination towards any group;
  • To unlawfully gather information about others
  1. You agree that at all times you will conduct yourself professionally and in good faith with the terms of this Agreement.

 

 

14) AFFILIATE OBLIGATIONS & COMPLIANCE

  1. You are responsible for ensuring operation and maintenance of your Affiliate Site, including technical operations, written claims, links, and accuracy of materials;
  2. You must ensure, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights;
  3. We require all of our Affiliates to comply with all laws of South Africa;
  4. If we find you are not in compliance with any of the requirements of this subpart, we may terminate our relationship with you at our sole and exclusive discretion;
  5. We also require you to comply with any and all applicable data privacy and security laws and regulations;
  6. During the term of this Agreement and within one (1) year after its termination you shall not compete with the Company, directly or indirectly, as a Sales Rep or on behalf of any other person, firm, partnership, corporation or other entity in the sale or promotion of services the same as or similar to the Company’s services.

 

15) REVERSE ENGINEERING & SECURITY

  1. Under no circumstances, and at no time, shall the Affiliate reverse engineer and/or bypass the Website’s security protocols.
  2. Any violation of the security of any of our, or our client’s, websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network, may result in legal action.

 

16) DATA LOSS

The Company does not accept responsibility for the security of your bank account or your website and/or social media content. You agree that your participation in the Affiliate Programme is at your own risk.

 

17) INDEMNIFICATION

  1. You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Affiliate Programme, your breach of this Agreement, or your conduct or actions;
  2. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

 

18) SPAM POLICY

You are strictly prohibited from using the Affiliate Programme for illegal spam activities.

 

19) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Programme. This Agreement supersedes and replaces all prior or contemporaneous Agreements or understandings, written or oral.

 

 

 

20) SERVICE INTERRUPTIONS

The Company may need to interrupt your access to the Affiliate Programme to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime and that the Company shall have no liability for any damage or loss caused as a result of such downtime.


21) NO WARRANTIES

  1. You agree that your use of the Affiliate Programme is at your sole and exclusive risk and that any services provided by us are on an “As Is” basis;
  2. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability;
  3. The Company makes no warranties that the Affiliate Programme will meet your needs or that it will be uninterrupted, error-free, or secure;
  4. The Company also makes no warranties as to the reliability or accuracy of any information;
  5. You expressly agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Programme is your sole responsibility and that the Company is not liable for any such damage or loss.

 

22) LIMITATION ON LIABILITY

The Company is not liable for any damages that may occur to you as a result of your participation in the Affiliate Programme, to the fullest extent permitted by law. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

 

23) GENERAL PROVISIONS:

  1. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
  2. JURISDICTION, VENUE & CHOICE OF LAW: all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of South Africa. All disputes are to be submitted in writing to the Company within 14 (fourteen) calendar days of initial dispute and, if not resolved within 30 (thirty) calendar days thereafter, referred to Venns Attorneys, Pietermaritzburg, to mediate. The cost of this mediation is to be split equally between the Parties.

 

 

24) ELECTRONIC COMMUNICATIONS PERMITTED:

Electronic and/or email communications are permitted under this Agreement.

 

For the Company please use:                      AskUs@AdventureEscapades.co.za

 

Any official emails should be tracked with a Delivery Receipt and will have been deemed to have been read within 72 (seventy two) hours of sending.