On behalf of Mzansi Host (Pty) Ltd. (herein after referred to as “the Company”), it gives us great pleasure to invite you to join us as an affiliate of our Company.
CONDITIONS OF CONTRACT
1. ROLE
You will be contracted as an independent affiliate of Mzanzi Host (Pty) Ltd.
This contract is effective from the date of approval, upon which you will be notified of your successful application, and will continue until this agreement is terminated as set out in clause 4.
2. DUTIES & RESPONSIBILITIES
Your duties are as follows:
- Promote the Mzanzi Host through your own website, social media platforms and other marketing channels, using your affiliate link as your referral code for tracking sales.
- You shall generally use your best endeavors to conduct, administer, improve, extend, develop and protect the business of the Company and to preserve its integrity, ethics, reputation and goodwill.
3. TERMINATION OF CONTRACT
It is specifically recorded that this contract with Mzanzi Host may be terminated at any stage for misconduct, incapacity, misrepresentation of Mzanzi Host or for any other reason justified in law, subject to compliance with applicable procedures.
Subject to Mzanzi Host’s right to terminate this contract without notice in circumstances justifying an immediate termination of agreement, your contract may be terminated either by you or by Mzanzi Host on giving the following notice in writing:
* week’s notice during your first 6 months of the contract;
* weeks’ notice during the next 6 months of the contract;
* month’s notice after your first year of contract.
4. PAYMENT
- The affiliate shall be paid by bank transfer, or Paypal if the affiliate is an international person on the last working day of every month subject to successful sales concluded during the month up until and including date of payment.
The affiliate’s remuneration package will consist of the following:
- Our ffiliates will be paid a percentage of sales or revenue generated through their efforts Mzanzi Host's representative.
- Categories that are eligible for referral commission include Web Hosting, Wordpress Hosting and Email Hosting.
- Categories not eligible for web hosting affiliate referral commissions include self-referrals where an affiliate uses their own affiliate link to purchase a hosting plan. Additional restrictions include using affiliate links for personal use, or for any activity that violates Mzanzi Host affiliate program's terms and conditions.
- The affiliate remuneration package shall be reviewed by Mzanzi Host once a year on the anniversary of the contract, or after the first 50 sales, whichever occurs first.
5. OTHER ACTIVITIES
- The nature of this affiliate agreement is such that there is no requirement that a representative may not be employed elsewhere whilst representing Mzanzi Host.
- While in contract with Mzansi Host, you shall not be engaged or take part, directly or indirectly, whether as an employee or in any other capacity, in any other business where there is conflict of interest or direct competition.
6. COMPANY PROPERTY
- All Mzanzi web contents, banners, logo, link texts, video, documents and any other articles of any kind whatsoever, that may have been given to an affiliate to assist with information or marketing purposes, will belong to and remain the property of the Company, at which time you will deliver to Mzanzi Host all such items in your possession with the assurance that no such articles remain in your possession.
- Upon termination of your contract, all the materials given to you pertaining to confidential information or other information described in clause 9 below, in whatever material medium such Mzanzi Host information exists, shall be returned to Mzanzi Host. Furthermore, upon termination of your employment, you are obliged to delete and remove any Mzanzi Host information, from any computer onto which you may have loaded such Mzanzi Host information and you are obliged to destroy any copies, backups or documents reflecting any of the Mzanzi Host information, after you have ensured that a copy of Mzanzi Host information exists on a computer system of Mzanzi Host or is available to the Company in electronic, or where applicable, in written form.
7. CONFIDENTIALITY
You shall not, either during the continuance of your contract or thereafter, except in the proper course of your role, divulge to any person or use to the detriment or prejudice of the Mzanzi Host any information of a confidential nature acquired by you during the course of your contract with the Mzanzi Host. “Confidential Information” shall include but shall not be limited to Mzanzi Host’s trade secrets, products, new developments, business methods and techniques; all discoveries, inventions, devices, improvements, machines and processes; Mzanzi Host’s source code, software file layouts, and secret passwords; the identity of Mzanzi Host’s actual and prospective clients and/or customers and/or any other hosting company and details of its business arrangements with them; and/or Mzanzi Host results.
8. CONFLICT OF INTEREST
A representative of the Mzanzi Host is expected to devote attention and resources to the promotion of the business (Mzanzi Host). In determining if any outside interest or association a representative may have conflicts with the business conducted by Mzanzi Host or with the services expected from the representative, it is necessary to assess what impact such interest or association might have either on the business of Mzanzi Host or your ability to perform the service for which you have been recruited. Should a conflict of interest presently exist or arise in the future, this must be disclosed in writing.
9. DEDUCTIONS
As an independent representative, Mzanzi Host is not responsible for deducting tax in respect of PAYE or UIF and you are therefore responsible for submitting tax returns in respect of income earned through referral commission.
10. LEGISLATION
This agreement shall, for all purposes, be construed in accordance with the laws of the Republic of South Africa and each of the parties hereby submits itself to the jurisdiction of the South African courts in respect of any legal proceedings which may be instituted in connection with this agreement. If there is any change in legislation governing your conditions of this contract, it will take precedence over the appropriate clauses in this letter.
11. GENERAL
- By reading Mzanzi Host's Terms and conditions, you acknowledge and agree to our terms and conditions, and acceptance of this Agreement, you are confirming a legal binding, and are entering into a legally binding contract.
- YOU HEREBY AGREE TO THIS CONTRACT'S CONTENTS, ORDERS AND OTHER RECORDS, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PLATFORM.
- You hereby waive any rights or requirements under any applicable statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
- The relationship of the Parties is that of independent affiliates and this Agreement does not create any association, partnership, joint venture or agency relationship between them. Neither Party shall have the power to bind the other or to create a liability against the other in any way.
12. DECLARATION
By completing an affiliate application, I confirm that I have read all the terms and conditions of this agreement and I hereby acknowledge that I accept and understand them in full. I also understand that policies and procedures currently in place at Mzanzi Host govern my contract. Variations and amendments thereto may be made from time to time by management or legislation. On commencement of this contract I undertake to familiarize myself with Mzanzi Host’s policies, procedures and codes of conduct.
We take this opportunity to welcome you to our team, and look forward to working with you to promote universal access in General Hosting services that Mzanzi Host is offering, and encourage service providers on this journey.
Powered by WHMCompleteSolution