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A Community Umbrella – Education
Update: Apr 24, 2022
Partners Shareholders and Affiliate Programme Terms and Conditions (“Terms”) – Welcome to the Cherlano PTY LTD Shareholders Affiliate Programme (the “Programme”), an affiliate project running various campaigns for reasons of covid repair to communities globally ( Reg. 2016002598), located at 11 Shearer road on The Golden Mile, Durban, South Africa (“Cherlano PTY LTD” also referred to in these Terms as “we” or “us”). These Terms are a binding contract between you and Cherlano PTY LTD which govern your participation in the Programme. By participating in the Programme, you agree to be bound by the most current version of the Terms, which we may amend from time to time. The most current version of these Terms will be posted on the Programme web site here: https://eksedotcom.family.blog//affiliate-agreement
. It is your responsibility to ensure that you are familiar with the most current version of these Terms, and your continued participation in the Programme after we post an updated version of these Terms shall constitute your express agreement to be bound by the updated Terms. In the event you do not agree with the updated Terms, your only recourse shall be to terminate your participation in the Programme. If you have any questions or concerns about these Terms or the Programme, please send an email to: admin@cherlano.co.za. In these Terms, the following words and expressions shall have the following meanings: Shareholder/ affiliate: A natural or juristic person who has registered and is accepted by us as a member of the Programme. Where the context requires, these Terms occasionally refer to the Affiliate as “you.” Affiliate ID: A tracking mechanism provided to the Affiliate by CHERLANO PTY LTD for the purposes of tracking customer referral activities. Affiliate Site(s): A website (including any WAP, mobile or tablet version of the website) which is owned or operated by an Affiliate and used for the purposes of generating online traffic and referrals to CHERLANO OTY LTD in accordance with these Terms. Applicable Taxes: Any taxation, levy or similar mandatory payment (including gaming taxes and value added taxes) levied or charged on revenue, turnover, deposit or similarly driven by customer activity or activity volume. Approved Marketing Activities: Any lawful marketing activity conducted in compliance with these Terms which has been approved in writing by an authorized CHERLANO PTY LTD representative. CHERLANO PTY LTD Group: A person or entity that directly or indirectly controls, is controlled by, or is under common control with CHERLANO PTY LTD, as defined above. CHERLANO PTY LTD Marks: Any trademark owned by CHERLANO PTY LTD or its affiliated companies and licensors, including but not limited to: CHERLANO PTY LTD. CHERLANO PTY LTD Site(s): Any of CHERLANO PTY LTD operated websites, in connection with which CHERLANO PTY LTD makes Marketing Materials available to Affiliates through the Programme for the purpose of the Affiliate performing affiliate marketing services in accordance with these Terms. Chargeback: Where a customer, a credit card issuing bank, or any other third party payment solution provider effects a reversal of charges in relation to a credit card or purchase transaction. Confidential Information: Any information of whatever nature, which has been, or may be, provided by CHERLANO PTY LTD in connection with the Programme, whether oral, in writing, or in electronic form, including, without limitation, business or financial data, know-how, processes, reports, customer lists, price lists, Commission payment reports, and any other materials containing, reflecting, or generated from any such information; including but not limited to any other information designated as confidential or proprietary by any authorised Cherlano representative. Commission: The commission earned in connection with the affiliate marketing activities performed in accordance with these Terms, such as CPA. CPA: This stands for cost per acquisition and refers to the fee paid to the Affiliate as compensation for hosting the link on the Affiliate Site(s) for the purposes of generating online traffic and referrals to CHERLANO PTY LTD. Deductible Costs: Any third party costs incurred by CHERLANO PTY LTD in connection with the operation of the CHERLANO PTY LTD Sites which are attributable to the activity of any New Customer(s), including but not limited to any payment processing charges, license fees, royalties, and other applicable third party payments. Fraudulent Activity: A deceptive act or omission which is, in the sole discretion of CHERLANO PTY LTD, performed in order to secure a real or potential, unfair or unlawful advantage; or any conduct that CHERLANO PTY LTD, in its sole discretion, determines to be fraudulent, deceptive or dishonest, which shall include, but shall not be limited to, fraudulent credit card transactions, Chargebacks, Match Betting, false or automated account creation and any collusion or cheating by an Affiliate or a customer. Fraud Costs: Any costs, damages or loss arising as a direct or indirect result of Fraudulent Activity. Incentivised Traffic: Traffic or customer activity generated as a by-product of promising some form of compensation or incentive for taking an action on, or in relation to, any CHERLANO PTY LTD Site, including but not limited to registering a new account, depositing or wagering. Intellectual Property: Trademarks, service marks, trade names, logos, designations, copyrights, trade secrets, patents and any other proprietary rights owned by or licensed to CHERLANO PTY LTD, or any other member of the CHERLANO PTY LTD Group. Marketing Material: Banners, URLs, text, graphics and/or other promotional materials made available for marketing purposes through the Programme Portal. New Customer: A natural person who is at least 18 years old that the Affiliate directs to a CHERLANO PTY LTD Site and who can be linked to the Affiliate’s Affiliate ID, who is eligible to open an account on a CHERLANO PTY LTD Site and: (a) who successfully opens a new account on a CHERLANO PTY LTD Site in accordance with the Site’s applicable terms and conditions; and (b) who has not had a previous account on any CHERLANO PTY LTD Site. Non-Cash Items: Value of free credits or cash handed out to customers, or any other direct costs incurred to maintain the loyalty of a customer (e.g. the cost of a gift to a customer). Programme Portal: The website used by Cherlano to manage the Programme, currently located at http://www.cherlano.com. Progressive Contributions: The percentage of revenue generated on any progressive game that is paid by Cherlano into a progressive pool. Prohibited Site: Any website, forum, social media platform or other communications medium, regardless of type, upon which the advertisement of gambling-related activity is unlawful or otherwise prohibited. Spam: Unsolicited e-mail, SMS or other communication sent indiscriminately to one or more mailing lists, individuals, forum or newsgroups. Sub-Affiliate: A natural or juristic person who is recruited by an Affiliate to serve as a sub-affiliate either via an affiliate marketing network or by assignment or delegation of such Affiliate’s duties or obligations hereunder. Unsuitable Site: Any website, forum, social media platform or other communications medium, regardless of type, which is: aimed at children; intended to appeal to minors; promotes or glorifies violence; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promotes illegal activity; violates or enables the violation of Intellectual Property rights; violates the rights of privacy of others; is obscene or contains explicit sexual content; contains or promotes any unlawful behaviour or content; contains or provides links to malicious or harmful software, keyloggers, trojans, viruses or malware; or which CHERLANO PTY LTD believes, in its sole discretion, may bring CHERLANO PTY LTD or its affiliated companies and brands into disrepute, or which may prejudice the interests of CHERLANO PTY LTD or its affiliated companies and brands, whether part of the CHERLANO PTY LTD Group or otherwise. 1. Joining the Programme 1.1 If you are not already registered as a CHERLANO PTY LTD Partners Affiliate and wish to participate in the Programme, you must first submit a completed application on the CHERLANO PTY LTD Partners Programme Portal located at: http://www.cherlano.co.za. By submitting an application, you represent and warrant that: a) the information provided in your Affiliate application is correct and up-to-date and you will update it as required on an ongoing basis in order to ensure that it remains correct; b) you have not already registered as an Affiliate (only one Affiliate account is permitted per person); c) you are at least 18 years of age, legally capable of entering into a binding contract, and you are not aware of any legal, commercial, contractual or other restriction against your participation in the Programme in accordance with these Terms; and d) in the event that you are registering on behalf of a company, that you have the full right, power and authority to enter into these Terms on behalf of the company. 1.2 Within a reasonable time after we receive your completed application, but not later than fourteen (14) days after receipt, we shall evaluate your application and notify you in writing of our decision to accept or reject it. In the event we have not approved your application within fourteen (14) days after receipt, it shall be deemed rejected. All decisions are final and are within CHERLANO PTY LTD absolute and sole discretion. 1.3 Should there, at any time during your participation in the Programme, occur any event which may cause any of the above warranties to become false, or which may prevent you from wholly fulfilling your obligations in accordance with these Terms, you hereby undertake that you shall promptly notify your CHERLANO PTY LTD Partners account representative of such event, and CHERLANO PTY LTD shall be entitled to terminate your participation in the Programme immediately without the requirement to make any further payments to you. 2. Your Use of CHERLANO PTY LTD Marketing Materials 2.1 In the event that you are accepted as an Affiliate into the Programme, CHERLANO PTY LTD shall, during the course of your participation in the Programme and subject to your compliance with these Terms, grant you a non-exclusive, non-transferable, revocable, limited right and license to distribute the Marketing Materials on your Affiliate Site for the sole purpose of referring New Customers to CHERLANO PTY LTD Sites in return for Commissions. You may not use or distribute the Marketing Materials for any other purpose unless you have received our express written approval to conduct Approved Marketing Activities. For the avoidance of doubt, any request to conduct Approved Marketing Activities may be approved or rejected in our sole discretion. 2.2 All Marketing Material shall be made available to you through the CHERLANO PTY LTD Partners Programme Portal and may be updated by us from time to time. You undertake and agree that you shall only use the current versions of the Marketing Material as it appears on the Programme Portal and shall promptly discontinue the use of any Marketing Material which is out of date or no longer available on the Programme Portal. It is your responsibility to check the Programme Portal for updated Marketing Material on a regular basis. 2.3 You undertake and agree that you will not modify any of the Marketing Material which is made available to you and that you will not, without our specific written approval, market or promote the EASY EQUITIES using any promotional materials not provided or approved in writing by CHERLANO PTY LTD. 2.4 In the event CHERLANO PTY LTD designates any Marketing Materials as subject to particular restrictions (for example, campaign start/end dates, demographic limitations, etc.), you undertake and agree that you shall only use the Marketing Materials in accordance with such designated restrictions. 2.5 Your marketing activities shall strictly comply with our Marketing and Advertising Codes of Conduct for Affiliates which can be queried HERE and which sets out additional standards, restrictions and guidelines applicable to marketing activities in connection with the Programme. 3. Customer Tracking and Reports calculation is based on the number of New Customers referred by you during the calendar month: 1-10 New Customers: 25% of Net Revenue 11-40 New Customers: 30% of Net Revenue 41-100 New Customers: 35% of Net Revenue 101+ New Customers: 40% of Net Revenue 10.4 In the event we have agreed a revenue share with you that is (i) higher than the commission stipulated in this clause 10: once such agreement terminates should you continue to refer New Customers, your Commission will, from the date of such termination, be calculated in accordance with this clause 10; and (ii) lower than the commission stipulated in this clause 10: once such agreement terminates should you continue to refer New Customers, your Commission will continue to be calculated in accordance with the lower commission as agreed between us. 11. Periods of Inactivity 11.1 In the event that you fail to refer any New Customers during any consecutive 3 (three) month period, we reserve the right to reduce your Commission rate to a flat rate of no more than 10% of Net Revenue until you introduce a total of 3 New Customers within a 3 (three) month period, at which point (effective upon your referral of the third New Customer) your Commission rate will revert to the standard Commission rates set out above. 12. Cost Per Acquisition (CPA) Payments 12.1 If you are entitled to receive a CPA payment under the terms of a written agreement between you and Cherlano, you will receive a one-time CPA payment to be established by Cherlano in its sole discretion (the “CPA Payment”) for every New Customer you refer who meets the following qualifications: a) The customer meets the territory and age requirements to lawfully register an account on the Site and participate in online gambling activity; b) The customer successfully completes a first-time registration on the Site and opens an account subject to the Site’s terms and conditions; and c) The customer deposits the minimum required amount and meets the minimum wagering activity requirements as agreed in writing. 12.2 Where a Chargeback is received against a New Customer, or issuance of a credit to a New Customer occurs, that customer will not be eligible for a CPA Payment, and any CPA Payment previously made to you in respect of such New Customer will be deducted from any future payments due to you. 13. General Commission Terms 13.1 We may conduct special promotions related to certain products, services, games, customer activity, special events, and other matters through the Programme Portal from time to time (“Special Promotions”) and in connection with same, establish certain additional terms, Commission rates, CPA pay-out rates, incentives, deposit and wagering requirements, or other additional terms and conditions (“Special Terms”). In the event you wish to participate in one of the Special Promotions, you understand and agree that such participation will be subject to the Special Terms, as applicable. 13.2 All payments due to you are based on our own statistics, records and calculations. All decisions made by us regarding the tracking, calculation or payment of your Commissions or other payments shall be made by us in our absolute and sole discretion. 13.3 We reserve the right to review all activity in connection with your participation in the Programme for possible Fraudulent Activity or activity which we believe in our sole discretion to be in bad faith or in violation of these Terms. 13.4 We do not pay for customers who have already registered an account at one of our Sites as per the definition of New Customer. If the customer already exists in our system, or the system of any Site, you are not eligible to receive any payments for the customer. To ensure your payments are properly processed, it is your sole responsibility to ensure that the correct payment details are Shared using https://www.writediary.com/getapp
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