Referral Marketer Terms & Conditions

 
By signing up to be a Referral Marketer in the Codevy Referral Marketing Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Referral Terms of Service”).

Codevy (PTY) Ltd reserves the right to update and change the Referral Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Referral Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation.

1. Account Terms

1.1. You must be 18 years or older to be part of this Program.

1.2. You must be a South African Citizen and reside in South Africa to be part of this Program.

1.3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

1.4. You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process.

1.5. Your login may only be used by one person – a single login shared by multiple people is not permitted.

1.6. You are responsible for maintaining the security of your account and password. Codevy (PTY) Ltd cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

1.7. You are responsible for all Content posted and activity that occurs under your account.

1.8. One person or legal entity may not maintain more than one account.

1.9. You may not use the Referral Marketing Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.10. You may not use the Referral Marketing Program to earn money on your own Codevy (PTY) Ltd product accounts.

2. Links/graphics on your site, in your emails or other communications

2.1. Once you have signed up for the Referral Marketing Program, you will be assigned your own unique referral links (“Affiliate Links”).

2.1.1. You are permitted to place banners, or other graphics we provide with the Affiliate Links on your own website, in your emails, or in other communications if you so choose.

2.1.2. We will however provide you with guidelines, link styles, and graphical artwork to use when linking to Codevy (PTY) Ltd.

2.1.3. We may change the design of provided artwork at any time and without notice.

2.2. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with Affiliate link formats to be used in all links between your website and/or communications and the Codevy website.

2.2.1. You must ensure that each of the links between your site and the Codevy website properly utilizes such Affiliate link formats.

2.2.2. You will earn referral fees only with respect to sales on Codevy products occurring directly through your Affiliate Links.

2.2.3. We will not be liable to you with respect to: any failure by you or someone you referred, if the Affiliate Links aren’t used or are incorrectly typed, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this agreement.

3. Referral fees/commissions and payment

3.1. For a product sale to be eligible to earn a referral fee, the customer must click-through your Affiliate Link from your website, email, or other communications to the Codevy website and complete an order for the product during that session.

3.1.1. If not during that session then within 30 days, given our system records and allocates this data with the help of a cookie that remains active for 30 days after the initial site visit.

3.2. We will only pay commissions on links that are automatically tracked and reported by our systems.

3.2.1. We will not pay commissions simply because someone says they purchased using the link, if it was not tracked by our system.

3.2.2. We can only pay commissions on business generated through properly formatted Affiliate links that were automatically tracked by our systems.

3.2.3. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

3.2.4. You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

3.3. Codevy (PTY) Ltd does a payment run once a month to all referral marketers whom have submitted a withdrawal request via their affiliate dashboard.

3.3.1. Payment will only be made for orders that have been completed and paid in full by the customer.

3.3.2. If an order is not paid in full or completed, the payment will remain pending until the pre-requisites have been met.

3.3.3. You agree that Codevy (PTY) Ltd may generate an invoice on your behalf (Self-Billing) for any fees payable to you in order to steamline the payment process but also to comply with tax regulations.

4. Identifying yourself as a Codevy Referral Marketer

4.1. You may not in any manner misrepresent or embellish the relationship between yourself and Codevy (PTY) Ltd, say you develop our products, say you are part of Codevy (PTY) Ltd or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

5. Customers & Pricing

5.1. Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers.

5.2. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time.

5.3. Because price changes may affect Products that you have listed on your own website, you should not display product prices on your website. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

6. Your responsibilities

6.1. You will be solely responsible for the development, operation, and maintenance of your own website and for all materials that appear on your website or other communications. For example, you will be solely responsible for:

6.1.1. The technical operation of your website and all related equipment

6.1.2. Ensuring the display of Affiliate Links on your website does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your website)

6.1.3. The accuracy, truth, and appropriateness of materials posted on your website (including, among other things, all Product-related materials and any information you include within or associate with Affiliate Links)

6.1.4. Ensuring that materials posted on your website do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)

6.1.5. Ensuring that materials posted on your website are not libelous or otherwise illegal

6.1.6. Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

7. Compliance with Laws

7.1. As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant.

7.2. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws that govern marketing email, including without limitation, Electronic Communications and Transactions Act, 2002; Consumer Protection Act, 2008; Protection of Personal Information Act, 2013 and all other anti-spam laws.

8. Term of the Agreement and Program

8.1. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.

8.2. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to Codevy’s website, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you in connection with the Program.

8.3. Codevy (PTY) Ltd reserves the right to end the Program at any time. Upon program termination, Codevy (PTY) Ltd will pay any outstanding earnings accrued.

9. Termination

9.1. Codevy (PTY) Ltd, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Codevy service, for any reason at any time.

9.2. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

9.3. Codevy reserves the right to refuse service to anyone for any reason at any time.

10. Relationship of Parties

10.1. You and Codevy (PTY) Ltd are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

10.2. You will have no authority to make or accept any offers, promotions or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

11. Limitations of Liability

11.1. We will not be liable for indirect, Affiliate, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.

11.2. 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.

12. Disclaimers

12.1. 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.

12.2. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

13. Governing Law

13.1. Any disputes shall be resolved in Cape Town governed by and construed in accordance with the laws of the Republic of South Africa.

13.2. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

13.3. The failure of Codevy (PTY) Ltd to exercise or enforce any right or provision of the Referral Terms of Service shall not constitute a waiver of such right or provision.