The following are the complete terms and conditions of your agreement to become a member of Loans Hub South Africa.
Your participation in the Affiliates programme Loans Hub South Africa (“Loans Hub South Africa”) is indicated by accessing and utilizing any of the marketing material provided, creating of any links; tags; iFrames, accepting of any reward, bonus or commission whether contained in this agreement or elsewhere on our web site, and you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement.
These terms and conditions are valid, binding and enforceable against all persons that access and/or utilise any of the marketing material provided.
These terms and conditions set forth the entire understanding and agreement between you and Loans Hub South Africa with respect to the subject matter hereof.
If you do not wish to accept all the terms and conditions of this agreement please do not create a link to any of our merchant’s websites at any time. Please do not enroll if your site is unsuitable, as we will immediately terminate the Agreement as set out in the Termination clause below.
If any provision of these terms and conditions is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these terms and conditions and the remaining provisions shall be enforced.
This Agreement constitutes the whole agreement between the Parties relating to the subject matter hereof.
Definitions and Recitals
For the purposes of this Agreement, “We” and “us” refer to the Loans Hub South Africa. “You” and “Webmaster” refers to the other party to the contract formed by the acceptance of these Terms and Conditions. “Merchant” is defined as a company that has contracted us to manage, market, advertise and promote products, business ,trade, supplies and the like on their behalf. “Marketing Material” includes promotional material and any other material provided by us for you to use, in order to generate leads/customers including but not limited to digital web or mobi banners, links, text links, iFrames, copy, icons. “Customer” shall mean a person or entity that follows a link from your site, e-mail or however directed, to a merchant of the Loans Hub South Africa. “Parties” shall refer to us and you. “Visitors” shall mean users on your site or other sites you may not own but have legal access to and through which you generate customers and leads.
This programme is used for the business of producing, marketing and promoting affiliate programs. This service is accessed through the use of a personal computer, tablet device, smartphone, internet enabled mobile phone, modem, mobile network and/or direct internet access.
Grant of License
You desire to obtain from us, and we agree to grant you the non-exclusive right and license to advertise market and promote the Service, in accordance with the following terms and conditions.
This agreement provides you with the non-exclusive right to direct users (“Visitors”) from your site or sites to a merchant’s websites, in return for the payment of commissions and referral bonuses as specified below.
We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use our ‘ intellectual-property , including but not limited to suppliers, partners and clients marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor’s rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill or take or perform any actions not in accordance with the terms and conditions of this Agreement.
We reserve all other rights and licenses not expressly granted to you herein.
Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph. The relationship of the Parties shall be governed by the terms of this Agreement and nothing contained herein shall be deemed to constitute a partnership between the Parties. The Parties shall not by reason of the actions of any one of them incur any personal liability as co-partners to any third party, and no Party shall be entitled or empowered to represent or hold out to any third party that the relationship between them is that of partnership.
Our Rights and Obligations
We will register your visitors and will track their activity. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish and/or comply with any laws.
We will track customers’ activities and will supply reports summarizing their activity, lead status and acquisition status where requested. The form, content and frequency of the reports may vary from time to time in our discretion. We will provide you with remote online access to reports of customer activity and the referral fees generated.
We will pay you referral fees (as set out below) on income we earn from purchases of goods or services by all legitimate customers after they open an account with a merchant.
We reserve the right, in our sole discretion, to amend and/or replace any of, or the whole of, the terms and conditions. Such amendments shall supersede and replace any previous terms and conditions by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and referral program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change. Each time you access and/or utilize any of the marketing material provided, you are deemed to have consented, by such access or utilization, to the terms and conditions, as amended and/or replaced by us from time to time .
By agreeing to this agreement, you are agreeing to create a unique link from your site to a merchant site. You may link to a merchant with marketing material. This is the only method by which you may advertise on our behalf, unless agreed otherwise.
We will terminate this agreement immediately if there is any form of unsolicited communication (spamming) or if you advertise our product or those of our merchants in any other way. You shall not make any claims, representations, or warranties in connection with us or our merchants and you shall have no authority to, and shall not, bind us or our merchants to any obligations.
You agree to add a disclosure to all your terms and conditions informing your users, customer and clients that their personal information you collet on your website, will be disclosed and sent to third parties who may further distribute your information to their clients and customers, for the purpose of quotes and related advertisements and marketing materials.
You recognise that Loans Hub South Africa has proprietary relationship with the third-party advertisers which provide Advertising Material via the Loans Hub South Africa Network and you agree not to intentionally solicit, induce, recruit, encourage, directly or indirectly, any advertiser that is known to Publisher to be an advertising client and/or customer of Loans Hub South Africa (e.g., an advertiser which provides creative’s via Loans Hub South Africa), for purposes of offering products or services that are competitive with Loans Hub South Africa (including the provision of adversing inventory) nor contact such advertisers for any purpose, during the term of your membership in the Loans Hub South Africa network and for the 180-day period following termination of your membership in the Loans Hub South Africa network, provided however, that the foregone restriction shall not apply to advertisers with whom you already have a relationship prior to the placement of adversing on your Media on behalf of such advertisers by Loans Hub South Africa, as explicitly proven by documented evidence of such prior relationship provided by you to Loans Hub South Africa immediately upon Loans Hub South Africa’s written request.
Promotional and Marketing Material
By agreeing to participate in a merchants’ Loans Hub South Africa program, you are agreeing to download marketing material including banners, text or other promotional materials and place it on your site or that of a 3rd party authorizing access thereto. These methods are by which you may advertise on our merchants’ behalf. We will terminate this agreement immediately if there is any form of spamming or if you discredit our merchants through false advertising, written or uttered words. You shall not make any claims, representations, or warranties in connection with us or our merchants and you shall have no authority to, and shall not, bind us or our merchants to any obligations.
Without our prior written approval, you will only use our approved marketing material and will not alter their appearance nor refer to us in any promotional materials unless agreed to in writing beforehand. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of our merchants sites.
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes Merchant damage.
Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such traffic.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not defamatory or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.
- Rules around SMS, push notifications, and email marketing
- You are to at all times abide by the generally accepted marketing best practices and standards.
- You will comply with anti-SPAM laws and regulations
- You agree to de-duping against the DMASA (https://www.dmasa.org) Do not contact list (https://www.nationaloptout.org/ContactPreference/RegisterContactPreference), when promoting South African offers. Should you require assistance with this please contact us on firstname.lastname@example.org
- You may not conduct SMS, push notifications and email marketing in a way that damages Our reputation.
- If an affiliate partner is found to not have adhered to these terms, Loans Hub South Africa retains the right to hold any payment of account as well as pursue it further with legal action.
- Rules around SMS, push notifications, and email marketing
The term of this Agreement will begin when you download marketing material including Product banners and any links from our site and will continue indefinitely unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately.
This Agreement may be terminated unilaterally by us at any time , for any reason, whatsoever.
For purposes of notification, delivery of a notice of termination via e-mail, facsimile and/or delivery by hand is considered a written and immediate form of notification
Commission will not be honored for earnings generated by immediate family members of affiliates.
We may terminate this agreement if we determine (at our sole discretion) that your site or sites you are using are unsuitable.
Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.
All rights and licenses given to you in this Agreement shall immediately terminate.
You must remove our merchants’ banner/s from your site and disable any links from your site to theirs and ours.
You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.
If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.
The continuation of purchases after termination by customers referred to our merchants by you will not constitute a continuation or renewal of this Agreement or a waiver of termination.
You will cease all uses of any intellectual property including but not limited to trade names, trademarks, service marks, logos and other designations of our merchants and us.
You and us will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement.
Termination will not relieve you from any liability arising from any breach of this Agreement that occurred prior to termination.
Brand bidding is a serious matter at Loans Hub South Africa. We therefore have set out limitations to advertising on behalf of any of our products or those of our merchants. Please be advised that if you are found brand bidding, we reserve the right to withdraw your commissions paid to you at any time without any correspondence or warning and ultimately the termination of your account:
You may not, under any circumstances, use domain names utilized by the Loans Hub South Africa and its merchants. You may therefore not use domain names, brand names or any bid made by your party on keywords, search terms including “Loans Hub South Africa” and without limitations.
If you are found scraping text from any the sites mentioned in 7.4.1.
If you are found cloning any of the sites mentioned in 7.4.1.
During the term of this Agreement, you will acquire access to the information disclosed by each other (hereinafter collectively referred to as the “Confidential Information”) relating to inter alia:
trade secrets and information which, before such information becomes public, is confidential;
documents marked confidential or which either Party has been informed is confidential or which either Party might reasonably expect the other Party to regard as confidential or information which has been provided to the receiving party in confidence by other persons, whether or not in document form, electronic form, computer disk, or tape;
technology developed by the disclosing party;
computer programmes, software and hardware, source and object codes in respect thereof;
business dealings of each Party, including but not limited to, business plans or dealings relating to current activities, current and future plans, relating to all or any development, including the timing of all or any such matters;
A Party’s business contacts and client lists
plans and procedures;
financial information and plans relating to a Party and its clients;
marketing and marketing strategy and tactics;
training and skill;
methodology and systems;
techniques and methods;
technical designs, specifications of a Party’s products, formulae;
he know-how, processes, techniques and strategies developed, used and applied by a Party in the development, marketing, selling of their products and services;
knowledge of and influence over the a Party’s clients, customers, suppliers and other business associates;
knowledge of the group’s strategic plans;
the contractual arrangements between a Party and its business associates;
the financial details of a Party’s relationship with its business associates;
the names of prospective customers of a Party and its requirements;
the computer information systems and software applications developed and/or sold and/or installed and commissioned by a Party including the computer languages and software source codes developed and used by a Party;
the know-how, processes, techniques and strategies developed, used and applied by a Party in the development, marketing and selling of its products and services; and
other matters which relate to the business of a Part.;
For purposes hereof, “Confidential Information” includes any information in written, graphic, oral, tangible, intangible, electronic or other form relating to the know-how, formulae, statistics, processes, business plans, business methods, shareholding, marketing, pricing, trading and merchandising methods and information, research and product development, management know-how, processes and techniques, business strategies, promotional plans, specifications, records, drawings, reports, samples, financial information, financial models, inventions, long-term plans, user and consumer data, databases and profiles, computer software, contractual business and financial arrangements with shareholders and with third parties, trade secrets, information regarding the personnel and the directors and other employees and agents and any other confidential information which relates to the business and or to any other aspect of Loans Hub South Africa in respect of which information is not readily available in the ordinary course of business to a competitor of a Party, but excluding the Excluded Information
Any and all Confidential Information obtained by either party (the “Receiving Party”) in terms of or arising from the implementation of this Agreement and/or the Intellectual Property of us shall be treated as highly confidential by the Receiving Party and shall not be used, divulged or permitted to be divulged to any person not being a party to this Agreement without the prior written consent of the other party but excluding the Excluded Information save that:
the Receiving Party shall be entitled to disclose such information to such of its employees (which shall include any of its directors) and/or advisers who need to know the same for the purposes of implementing this Agreement. Before revealing such information to any such employees and/or advisers, the Receiving Party undertakes to procure that the employees and/or advisers are aware of the highly confidential nature of the information being made available to them; and
“Excluded Information” is any information that:
can be shown by written documentation to be in the public domain at the time of disclosure or later becomes publicly available other than through breach of this agreement and could be obtained by any person with no more than reasonable diligence;
any information which is required to be furnished by law or by any regulatory body or stock exchange may be so furnished, provided that the Receiving Party notifies the other party immediately on becoming aware of the requirement for any such disclosure, and the Receiving Party shall use its best endeavours to timeously co-operate with and assist the other party in any attempts by the other party to prevent or limit such disclosure.
We reserve our rights to all Confidential Information supplied to you, including the proprietary and novel features contained therein, and you acknowledge that we are the sole owner thereof.
This clause 8 shall survive termination of this Agreement for any reason whatsoever.
We process all referral fees on a NET30 basis, provided an invoice is issued for the previous months commission earned.
Payments shall be affected by us through the following methods mentioned in 2.1. and 2.2. below. Please note that we retain the right to request personal information from yourself relating to the authorisation of the account. Such information may include identification documents and/or company registration and Vat documents:
If you are a local affiliate or foreign affiliate, whose bank account is within the republic of South Africa, we will affect payment by way of electronic transfer of funds into a bank account nominated in writing by you.
If you are a local or foreign affiliate whose bank account is outside of the Republic of South Africa:
(a) in order to ensure the most efficient, prompt payment and avoid unnecessary charges, we recommend affiliates choose Paypal as their payment method of choice to receive commissions.
(b) Should your chosen payment method, however, be into a bank account which is outside of the Republic of South Africa, a minimum charge of R230 may be applicable to perform payment, which will be deducted from your commissions due. You further note that date of payment may also be negatively impacted, as international wiring of fund can take longer, and you may not hold us liable for such delays.
Where you elect to receive commission payments into a local bank account, commission balances of less than R 250.00, will be withheld until such time as the balance exceeds R 250.00 at the end of the month. Where you elect to receive commission payments into an international bank account, current international conversion rates will need to be considered, and commission payments under a threshold of fixed transfer costs will be applied to minimum rates withheld until such balance exceeds such fixed costs.
Any outstanding unpaid invoices to Partners due to (but not exclusive) a lack of banking details and/or supporting documents, will after a period of 12 months, be written off. Loans Hub South Africa will take every possible avenue to communicate with the relevant partner including e-mail communication or phone call. Your account manager and accounts will attempt to get a hold of you within the given time frame to ensure that we receive the required documents or information.
You shall defend, indemnify, and hold our merchant’s and their electronic cash provider, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with:
any breach by you of any warranty, representation, or agreement contained in this Agreement.
the performance of your duties and obligations under this Agreement,
your negligence or
any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this referral program.
We make no express or implied warranties or representations with respect to the referral program, or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the referral program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, officers or shareholders and/or members. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
Cession of rights
You may not assign or cede this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on and enforceable against you and us and our respective successors and assigns.
No amendment or consensual cancellation of this Agreement or any provision or term hereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this Agreement and no settlement of any disputes arising under this Agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this Agreement or of any agreement, bill of exchange or other document issued pursuant to or in terms of this Agreement shall be binding unless recorded in a written document signed by the Parties (or in the case of an extension of time, waiver or relaxation or suspension, signed by the Party granting such extension, waiver or relaxation). Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.
No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement or any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this Agreement, shall operate as an estoppel against any Party in respect of its rights under this Agreement, nor shall it operate so as to preclude such Party thereafter from exercising its rights strictly in accordance with this Agreement.
To the extent permissible by law no Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the Agreement and/or whether it was negligent or not.
Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
You and Loans Hub South Africa have entered into a relationship that requires the following terms for both parties’ mutual protection.
You acknowledge that you will acquire considerable knowledge and expertise from Loans Hub South Africa, as well as from its vendors, subcontractors and other affiliates. Furthermore, you acknowledge that you may be able to use such knowledge in a manner detrimental to Loans Hub South Africa. Therefor, you agree to the following:
• You will not, during the currency of the relationship and for a period of 12 months after termination of our partnership approach any customer, affiliate, or business partner of Loans Hub South Africa for purposes of seeking employment or business arrangements in competition with the Loans Hub South Africa line of business.
• You will not, for a period of 12 months following termination of our partnership approach, entice, solicit, or contact any individual in employment at Loans Hub South Africa for any reason. You acknowledge that these terms are fair and reasonable as to subject matter and duration and are reasonably necessary to protect the mutual interests of both Parties.
• You acknowledge that any breach in this contract will be subject to the jurisdiction of the Magistrate Court or High Court in Johannesburg South Africa (as may be applicable) and may entitle Loans Hub South Africa to a claim against you for direct and indirect damages.
- Any notice required or pertaining to this agreement shall be made in writing and delivered either personally or by certified letter to the receiving member.
If any or all terms of this Non-Solicitation Agreement are found to be invalid or unenforceable in a court of law, then this Agreement and all remaining terms will remain in full force and effect as if such invalid or unenforceable term had never been included with unenforceable term being replaced by a similar enforceable term as agreed by both parties.
Any provision in this Agreement which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of this Agreement, without invalidating or affecting the remaining provisions of this Agreement.
Legal and Compliance
This Agreement shall be governed by the laws of the Republic of South Africa.
In choosing to join our Affiliate programme You shall be responsible for complying with all laws and regulations that are applicable to your duties and obligations in terms of this Agreement and any further Advertising terms that may be specific to an Advertisers campaign. These include but are not limited to:
The Electronic Communications and Transactions Act (ECTA);
Promotion of Access to Information Act (PAIA);
The Consumer Protection Act; and
Protection of Personal Information Act (POPI);
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS REFERRAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT