Tektonic Affiliate Program Terms of Service
To be an authorized affiliate of Tektonic, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the Tektonic service as an affiliate. By signing up for the Tektonic affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
In this contract:
"we", "us" and "our" refer to Tektonic
"you" and "yours" refer to you, the affiliate or linking partner;
"our website" means www.tektonic.co.za; and
"your website" means your website or email.
We sell an increasing variety of products via our website. This contract sets out the terms and conditions for your participation in our sales as an Affiliate. Once you submit your application, and we accept your application, you will become an Affiliate eligible for commissions in respect of valid and completed sales of our products to customers effected via your website. You and we are independent contractors, and this contract does not create any agency, employment relationship, franchise, joint venture, partnership or sales representation between you and us. You have no authority to make or accept any offers on our behalf, or to make any statement that contradicts the terms of this contract.
3. Becoming an Affiliate
We may reject your application in our discretion. However, once rejected you may reapply. We may also end this contract and your Affiliate status at any time without giving you prior notice or any reasons for our decision should you breach this contract or should we decide in our discretion that your website is unsuitable. Unsuitable websites or emails include (without limitation) those that contain or promote:
sexually explicit materials;
discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation or age; or
any illegal activities,
or those that: contain the word "Tektonic" or variations or misspellings of that word in their domain names;
misrepresent our logos, names or marks in any way; or
otherwise violate the intellectual property rights of any third party.
4. You as an Affiliate
As an Affiliate, your username and password will be activated, giving you access to the linking programme. There you will be able to create your links with a choice of graphics we provide. You will keep your username and password confidential and not disclose it to any third party.
5. Limited license for displaying our logos
As an Affiliate, we grant you the non-exclusive, non-transferable right to display our logos and associated text in the form of one or more of the graphic images provided in the marketing section solely for the purpose of linking your website to our website to assist in generating sales of our products. You may not:
display any of our logos or associated text on your website if you have not submitted an Affiliate application as envisaged in this contract;
remove or change any elements of our logo or associated text; or
use the logos or associated text for any other purpose.
By allowing your website to link to our website we do not sponsor or endorse your website.
Referral fees We will pay you the commissions set out below on valid sales of qualifying products to a customer provided that: the customer was referred directly from your website link;
the transaction has been verified by your unique username and password;
the customer has received the product and paid for it; and
the customer has not returned the product before your commission payout is made.
We will not pay you any commissions on: sales made to customers initially referred via your website who re-enter our website via routes other than the links from your website after the 90 day cookie period;
7. Commission schedule
The commission will be a set value of R100 for all products on the website.
The referral fee includes VAT, if applicable.
8. Payment of commissions
We batch pay commissions on the 15th day of every month, 15 days after the completed sale is made. For example; a referral sale is made from your website on the 5th, 9th and 21st of August, those commissions are then paid out on the 15th September (provided the R200 minimum payout condition is met). If the commissions for that period are less than R200 the amount will be carried over until the total amount due to you exceeds R200.
Reversal of commissions
When a customer returns goods that have generated a referral fee after the referral fee has been paid to you, the same amount will be deducted from your next quarterly payment. If no further commissions are generated via links from your website, we will invoice you for that amount which you will settle within 30 (thirty) days of date of invoice.
9. Processing Orders
We will process all customer orders, payments, cancellations and returns. We identify all goods bought via your website by your username and password. These also allow you 24 hour access to your account so that you can monitor the effectiveness of your links. We may reject orders in our discretion which do not comply with our requirements.
Processed orders deemed fraudulent will not generate a commission. You will however be notified if this is the case.
10. Exclusion of liability
We will not be liable to you or any third party for any loss or damages howsoever arising from this contract.
11. Governing law
This contract will be governed by the laws of the Republic of South Africa.
12. Changes to this contract
We reserve the right to change this contract at any time. As long as you continue to act as an Affiliate, you will be bound by the current version of this contract from time to time. If you do not accept a change to the contract, your only remedy is to end this contract and stop acting as an Affiliate.
You will be responsible for reviewing the current version from time to time.
Without derogating from the aforegoing, and without imposing any obligation on us, we may give you notification of changes either by email or by posting a notice on our website.
13. Changes to this contract
Any failure or neglect by us to enforce at any time any of the provisions of this contract will not: be construed as a waiver of our rights;
in anyway effect the validity or the whole or any part of this contract;
prejudice our rights to take subsequent action.
This contract sets out the full agreement between you and us relating to the Affiliate relationship. No other agreement between you and us will be binding. No addition to, or variation of this contract will be of any force unless amended by us as envisaged above.
Any dispute between you and us that cannot be resolved will be promptly referred to arbitration under the rules of, and by an arbitrator appointed by the Arbitration Foundation of Southern Africa.
This contract as amended by us from time to time will start on the date that your application is accepted and will endure indefinitely subject to the right of either party to terminate the contract at any time.