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Become an EGOS Affiliate
[ Back to Affiliate Home ]
Terms and Conditions
- Experience Gifts Online Store (the website) and all domains including
but not limited to egos.co.za, experiencegifts.co.za (or other officially
owned Experience Gifts Online Store domain) are wholely owned by Experience
Gifts Online Store (hereafter "EGOS", "us", "we" or "our").
- By providing an affiliate link to egos.co.za (or any other official
domain associated with Experience Gifts Online Store) you indicate your
acceptance of these terms and conditions of participation in the EGOS
Affiliate programme.
- "Products" refers to any item or product sold through the website.
The product is to be specified by and only by EGOS. Affiliates will
be paid commission on sales of qualifying products sold from the EGOS
website. The amount of commission is to be set by EGOS and may vary
from time to time. EGOS will inform affiliates of any changes in writing.
- Affiliates
- "Affiliate" refers to persons or companies using the services
of EGOS. EGOS grant affiliates a revocable, non-exclusive, royalty-free
licence for the duration of the term of this Agreement, solely for
purposes of facilitating sales from affiliates websites. We reserve
all of our rights in the logo, any other images, our trade names
and trademarks, and all other intellectual property rights.
- Affiliates (hereafter "affiliate", "affiliates", "you") may use
their websites in order to earn commission from sales.
- Neither egos.co.za nor its owners, EGOS, associates or partners
are responsible for:
- any loss, injury or damage, whether physical, financial or of
any other nature, arising from the use of information contained
in this site.
- the actions of any person registered on this site.
- the content of external internet sites
- The intellectual property rights in all elements of the site,
including without limitation the copyright, database right, trade marks
and patents, know how, articles and their contents, confidential information
and collections of personal data are owned or controlled by EGOS
or as otherwise stated.
The affiliates website is supplied on an as-is basis. Affiliates
may not alter or attempt to alter the site in any way. EGOS reserves
the right to change the website without prior notice. Affiliates will
usually be given written notice that the website has been changed via
email or the website.
- Instructions included on the website or any promotional material relating
to this offer are part of these terms.
- Nothing in these terms or conditions makes affiliates the partner,
agent, distributor or employee of EGOS. Affiliates are not authorised
to make any representations concerning EGOS's services and EGOS
will not be bound by any representations made by affiliates or liable
for any false or misleading information given to anyone by affiliates.
- Affiliates must take reasonable precautions to keep their password
and login secret and must notify EGOS immediately if they suspect
that an unauthorised person may have access to it.
- Affiliates must be aged 18 or over.
- EGOS reserves the right to withhold payment of commission, if in the
opinion of EGOS, the referral scheme is being used by affiliates or
someone associated with affiliates for improper and/or fraudulent
purposes or if affiliates fail to comply with any affiliates' obligations
under this agreement.
- Misconduct.
- Affiliates may not promote the EGOS logo or EGOS brand in an unlawful,
untruthful or offensive manner. All affiliate promotions must be
legal, ethical and responsible. In the event of SPAM (unsolicted
commercial email) EGOS reserve the right to close the affiliate
account.
- Policies and Pricing
For the avoidance of doubt, customers who buy Products through affiliates
will be customers of EGOS. Accordingly, all EGOS rules, policies and
operating procedures concerning customer orders, customer service and
Product sales will apply to those customers. Such policies and operating
procedures may be changed at any time. For example, EGOS will determine
the prices to be charged for Products sold under this Programme in accordance
with its own pricing policies. Product prices and availability may vary
from time to time. Because price changes may affect Products that affiliates
already have listed on any linking site, affiliates must not include
price information in your Product descriptions. EGOS will use commercially
reasonable efforts to present accurate information, but we cannot guarantee
the availability or price of any particular Product.
- Fraud/Cancellations
Affiliates of egos.co.za will be paid commission
3 months after the transaction date except for the following conditions;
- Fraudulent transactions, cancellations, returns and never-pays.
Transactions made using a stolen credit card and 'never-pay' connections
(customers who fail to pay their monthly bill) are not liable to
commissions, and may be subject to a claw-back of any commissions
paid on the transaction. In the situation of a claw-back, commission
paid is either to be paid back to egos.co.za, or taken from the
affiliates next commission payment, at the sole discretion of egos.co.za
All order cancellations and returns are not liable to commission.
- Modification
We may modify any of the terms and conditions contained in this Agreement,
at any time and at our sole discretion, by posting a change notice or
a new agreement on our site. Modifications may include, for example,
changes in the commission payments, commission schedules, payment procedures
and Affiliates rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR
ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION
IN THE PROGRAMME FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT
ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
- Term of the Agreement and Termination
EGOS may revoke the affiliates licence at any time by giving written
notice.
Affiliates may terminate this agreement at any time by giving written
notice.
On termination, all outstanding debts or payments are to be cleared.
The term of this Agreement will begin upon our acceptance of your Affiliate
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. You are only
eligible to earn commission on sales of Qualifying Products occurring
during the term and fees earned up to the date of termination will remain
payable only if the related orders are not cancelled or returned. We
may withhold your final payment for a reasonable time to ensure that
the correct amount is paid. Upon termination of this Agreement, you
must promptly return to us, or at our request, destroy any and all of
our intellectual or proprietary property, information and/or materials
in your possession and, subject to receiving written consent to the
contrary from us, remove all hypertext links to our site from your site.
- Limitation of Liability
Neither we nor any of our affiliates will be liable for indirect, special
or consequential damages (or any loss of revenue, profits or data) arising
in connection with this Agreement or the Programme, even if we or any
of our affiliates have been advised of the possibility of such damages.
Further, to the fullest extent permitted by law, our and our affiliates'
collective aggregate liability arising with respect to this Agreement
and the Programme will not exceed the total referral fees paid or payable
to you under this Agreement at the time the act or omission giving rise
to the liability occurred.
- Disclaimers
To the fullest extent permitted by law, neither we nor any of our affiliates
makes any express or implied warranties or representations with respect
to the Programme or any Products sold through the Programme (including,
without limitation, warranties of fitness, merchantability, non-infringement
or any implied warranties arising out of a course of performance, dealing,
or trade usage), and the same are hereby excluded. In addition, neither
we nor any of our affiliates makes any representation that the operation
of our site will be uninterrupted or error-free and none of us will
be liable for the consequences of any interruptions or errors.
- Contact.
Unless you object, we may use information you give us to provide you
with information about goods and services offered by us and other organisations
with which we have a business relationship. We or they may contact you
by email, telephone or other on-line or interactive media.
- FORCE MAJEURE
Neither party shall be liable for any breach of this Agreement due to
any cause beyond its reasonable control including without limitation:
Act of God, inclement weather, flood, lightning or fire; industrial
action or lockouts; Internet outages, the act or omission of Government,
highways authorities or other competent authority; war, military operations
or riot; the act or omission of any third party over whom that party
has no control.
- WAIVER. Failure by either party to enforce any of the provisions
of this Agreement shall not be construed nor shall be deemed to be a
waiver of such party's rights nor prejudice such party's rights to take
subsequent action.
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