| e-Contract
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Please read the following contract carefully as it sets out your rights and obligations as an e-Trader.
By submitting your application you agree that you:
- have read this contract; and
- are bound by its terms.
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| 1. Definitions
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In this contract:
- "we", "us" and "our" refer to Kalahari.net (N-Direct division of Via Afrika Ltd t/a Kalahari.net);
- "you" and "yours" refer to you, the e-Trader or linking partner;
- "our website" means www.kalahari.net; and
- "your website" means your website or email.
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| 2. Relationship |
| We sell an increasing variety of products via our website. This contract sets out the terms and conditions for your participation in our sales as an e-Trader. Once you submit your application, and we accept your application, you will become an e-Trader eligible for referral fees in respect of valid and completed sales of our products to customers effected via your website.
You and we are independent contractors, and this contract does not create any agency, employment relationship, franchise, joint venture, partnership or sales representation between you and us. You have no authority to make or accept any offers on our behalf, or to make any statement that contradicts the terms of this contract.
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| 3. Becoming an e-Trader |
| Please complete the e-Trader application form on our website and submit it. We will immediately acknowledge receipt of your application via email at the address you specified. We may reject your application in our discretion. However, once rejected you may reapply. We may also end this contract and your e-Trader status at any time without giving you prior notice or any reasons for our decision should you breach this contract or should we decide in our discretion that your website is unsuitable.
Unsuitable websites or emails include (without limitation) those that contain or promote:
- sexually explicit materials;
- gratuitous violence;
- iscrimination based on race, sex, gender, religion, nationality, disability, sexual orientation or age; or
- any illegal activities,
or those that:
- contain the word "Kalahari" or variations or misspellings of that word in their domain names;
- misrepresent our logos, names or marks in any way; or
- otherwise violate the intellectual property rights of any third party.
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| 4. You as an e-Trader |
| As an e-Trader, your username and password will be activated, giving you access to the linking programme. There you will be able to create your links with a choice of graphics we provide. You may, however, not publicise your link in any way.
You will keep your username and password confidential and not disclose it to any third party.
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| 5. Limited licence for displaying our logos |
| As an e-Trader, we grant you the non-exclusive, non-transferable right to display our logos and associated text in the form of one or more of the graphic images provided in the Build-a-Link section solely for the purpose of linking your website to our website to assist in generating sales of our products.
You may not:
- display any of our logos or associated text on your website if you have not submitted an e-Trader application as envisaged in this contract;
- remove or change any elements of our logo or associated text; or
- use the logos or associated text for any other purpose.
By allowing your website to link to our website we do not sponsor or endorse your website.
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| 6. Links |
| You may choose one or more links from our selection. These can be found in the Build-a-link section.
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| 7. Referral fees |
Referral fees We will pay you the referral fees set out in 8 below on valid sales of qualifying products (books, music, DVDs/videos, software, games, jewellery & watches, Verimark products, Crafts & Hobbies, Health products and Vouchers) to a customer provided that:
- the customer was referred directly from your website link;
- the transaction has been verified by your unique username and password;
- the customer has received the product and paid for it; and
- the customer has not returned the product.
We will not pay you any referral fees on:
- sales made to customers initially referred via your website who re-enter our website via routes other than the links from your website;
- electronic and photographic products;
- magazine subscriptions;
- Hip2B˛ products;
- Computicket products;
- Wine; or
- Cellphone ringtones.
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| 8. Referral fee schedule |
The referral fee will be the following percentage of the sales price (excluding value-added tax (VAT), delivery charges, any vouchers redeemed, and refunds) of products sold via:
- the welcome page from your website - 3%;
- a link to any of our shops - 3%; and
- a product specific link from your website - 6%.
- a product specific link for jewellery & watches from your website - 5%
The referral fee includes VAT, if applicable.
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| 9. Payment of referral fees |
| We pay referral fees 30 (thirty) days after the end of each calendar month, to the person or entity nominated in your application form. This allows us to cater for our 14 day return policy on products and to make the necessary adjustments to your account.
If the referral fees for that quarter are less than R100 the amount will be carried over until the total amount due to you exceeds R100.
You must submit any queries relating to referral fees within 3 (three) working days from the last day of the calendar quarter failing which the amount specified by us will be final. Reversal of referral fees
When a customer returns goods that have generated a referral fee after the referral fee has been paid to you, the same amount will be deducted from your next quarterly payment. If no further referral fees are generated via links from your website, we will invoice you for that amount which you will settle within 30 (thirty) days of date of invoice.
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| 10. Processing Orders |
| We will process all customer orders, payments, cancellations and returns. We identify all goods bought via your website by your username and password. These also allow you 24 hour access to your account so that you can monitor the effectiveness of your links. We may reject orders in our discretion which do not comply with our requirements.
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| 11. Exclusion of liability |
| We will not be liable to you or any third party for any loss or damages howsoever arising from this contract.
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| 12. Governing law |
| This contract will be governed by the laws of the Republic of South Africa.
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| 13. Changes to this contract |
| We reserve the right to change this contract at any time.
As long as you continue to act as an e-Trader, you will be bound by the current version of this contract from time to time. If you do not accept a change to the contract, your only remedy is to end this contract and stop acting as an e-Trader.
You will be responsible for reviewing the current version from time to time.
Without derogating from the aforegoing, and without imposing any obligation on us, we may give you notification of changes either by email or by posting a notice on our website.
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| 14. Changes to this contract |
Any failure or neglect by us to enforce at any time any of the provisions of this contract will not:
- be construed as a waiver of our rights;
- in anyway effect the validity or the whole or any part of this contract;
- prejudice our rights to take subsequent action.
This contract sets out the full agreement between you and us relating to the e-Trader relationship. No other agreement between you and us will be binding. No addition to, or variation of this contract will be of any force unless amended by us as envisaged above.
Any dispute between you and us that cannot be resolved will be promptly referred to arbitration under the rules of, and by an arbitrator appointed by the Arbitration Foundation of Southern Africa.
This contract as amended by us from time to time will start on the date that your application is accepted and will endure indefinitely subject to the right of either party to terminate the contract at any time.
Last updated: September 2006
© Via Afrika Ltd
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