Enrolment in the BrownSense Africa Group (Pty) Ltd (“BrownSense.Africa”) Affiliate Program is subject to the following terms and conditions:
1. Obligations of the Parties:
- Affiliate shall have the opportunity to promote BrownSense.Africa and its programs in accordance with the terms of this Agreement.
- Affiliate shall promote and market BrownSense.Africa programs using only promotional materials supplied or approved by BrownSense.Africa. Promotional material (emails, landers, ads, social media posts) must be consistent with BrownSense.Africa’s branding and shall not be false or misleading.
- Affiliate shall direct potential purchasers of BrownSense.Africa programs to the dedicated links provided by BrownSense.Africa.
- The Affiliate agrees to conduct itself in compliance with all applicable laws, rules and regulations.
BrownSense.Africa will pay commissions from the sale of Products [online shops and fulfilment services provided through BrownSense.Africa’s e-commerce platform under the url www.brownsense.africa] as follows:
- Commissions of ZAR100 per successful referral are paid out to affiliates after 90 days from when the initial sale has been made, and on condition that the referred party remained a paying merchant for a period of not less than 90 days. Payments are made into the affiliate’s selected bank account.
Commissions will be tracked via dedicated unique links provided by BrownSense.Africa. Each affiliate is required to use the link provided in advance of the promotion, in order to enable proper tracking. Commissions cannot be paid if the affiliate fails to use the correct link. Commissions will be paid for revenue received net of refunds. Commissions will be paid within 90 days of the completion of any promoted launch.
All payment processing shall be performed by BrownSense.Africa.
- None of the parties hereto shall, during the term of this Agreement or at any time thereafter, communicate, divulge or use for the benefit of any other person, persons, partnership, association, corporation or entity any of another party’s confidential information, knowledge or know-how. A party hereto shall divulge such information only to such of its employees, financial advisors and legal representatives, as must have access thereto in order to satisfy its obligations hereunder. All parties shall take all necessary precautions to ensure that their employees retain such information in confidence.
4. Independent Contractors:
The parties shall be and remain independent contractors. Nothing in this Agreement shall constitute any party, inter alia, the general or special agent, legal representative, subsidiary, joint venturer, partner, employee or servant of the others for any purpose, nor shall anything in this Agreement cause the employees of any party to be employees of the others. Affiliates shall not represent themselves to be agents or representatives of BrownSense.Africa.
- Upon thirty (30) days prior written notice, either party may terminate this Agreement.
- BrownSense.Africa may terminate this agreement immediately, for cause, which shall include but not be limited to:
- Conduct by Affiliate which detracts from the good reputation of BrownSense.Africa and BrownSense.Africa’s Product;
- Complaints from consumers about Affiliate;
- Misuse of the names or image of speakers or faculty who appear in BrownSense.Africa programs in a manner not consistent with the goals, branding and intent of BrownSense.Africa and its programs;
- Any deviation by Affiliate from the highest standards of professional and commercial conduct; or
- Affiliate’s breach of the terms of this Agreement.
This agreement sets forth all of the terms of BrownSense.Africa’s Affiliate program.
The parties hereby agree to save and hold each other (and their respective corporate affiliates) harmless of and from and shall indemnify each of them against any and all losses, liabilities, damages, judgments, awards, suits, claims, fines, penalties and expenses (including reasonable attorneys’ fees and expenses) which may arise in any action, claim or proceeding against them, or any of them, for or by reason of: (a) any acts, whether of omission or commission, that may be committed by a party, or any of their servants, agents or employees in connection with that party’s performance or failure to perform under this Agreement, (b) any breach of any representation, warranty or covenant hereunder, or (c) the sale, marketing, advertisement or promotion of BrownSense.Africa’s programs.
8. Choice of Law:
This Agreement shall be construed in accordance with the laws of South Africa. All disputes and claims relating to this Agreement, the rights and obligations of the parties hereto, or any claims or causes of action relating to the performance of either party will be settled by arbitration by the Arbitration Foundation of Southern Africa (AFSA) in Johannesburg, South Africa, in accordance with the rules of AFSA. The costs of the arbitration proceedings will be borne by the losing party if such party is found to have been in material breach of its obligations hereunder. This agreement to arbitrate will survive any termination or expiration of this Agreement.