Affiliate Program Agreement
Merchant: Amanani Online (operator of www.amananionline.co.za)
(“Merchant”, “we”, “us”)
Affiliate: the person or entity that registers and is accepted into the Program (“Affiliate”, “you”).
By registering for or participating in the Amanani Online Affiliate Program you accept and agree to be bound by this Affiliate Program Agreement (the “Agreement”).
1. Definitions
1.1 Affiliate Program / Program — the referral program operated by Merchant.
1.2 Affiliate Link — any unique URL, tracking link or referral code issued to Affiliate by Merchant for tracking referrals.
1.3 Referral Code — the unique code provided to Affiliate which gives referred customers 5% discount and acts as the primary identifier of the referral.
1.4 Qualified Sale — an order (i) placed by a customer who used the Affiliate’s Referral Code or Affiliate Link; (ii) paid in cleared funds; (iii) shipped/delivered; and (iv) not refunded, cancelled or otherwise invalidated within the Refund-Hold Period.
1.5 Commission — the fee payable to Affiliate for each Qualified Sale (see Section 6).
1.6 Amanani Wallet — the internal account / wallet on the Merchant platform where earned commissions are credited.
1.7 Refund-Hold Period — the period Merchant holds a sale as pending to allow for returns/refunds/chargebacks. This period currently is set at 15 calendar days. Amanani Online reserves the rights to change this period with/without any notice.
1.8 Self-Purchase — any purchase made by the Affiliate, any account, payment method, device or person reasonably linked to Affiliate (including family, business associates, or persons under Affiliate’s control).
1.9 POPIA / CPA / ECTA — Protection of Personal Information Act, Consumer Protection Act, Electronic Communications & Transactions Act (South Africa).
2. Enrollment & Acceptance
2.1 To join the Program Affiliate must register online and provide accurate registration details. Merchant may accept or reject any application in its sole discretion.
2.2 This Agreement takes effect upon Merchant’s acceptance.
3. Relationship
3.1 Affiliate acts as an independent contractor. Nothing in this Agreement creates a partnership, employment, joint venture or agency.
3.2 Affiliate is responsible for all taxes, filings and liabilities arising from commissions.
4. Affiliate Obligations & Promotional Standards
4.1 Affiliate will promote Merchant’s products honestly, lawfully and in good faith. You must comply with all applicable laws and advertising rules (including POPIA, CPA and ECTA obligations).
4.2 Affiliate must use only the Affiliate Links, Referral Codes and marketing materials we provide or expressly approve.
4.3 Affiliate must clearly disclose material connections (e.g., “I may earn a commission”) when posting affiliate links in accordance with advertising / consumer protection norms.
5. Referral Code Use & Tracking (Key Mechanics)
5.1 Referral Code = Primary Identifier. Merchant will issue each Affiliate a unique Referral Code (e.g., ABC43528). When a customer redeems that Referral Code at checkout, the order is attributed to the Affiliate. Merchant may also support Affiliate Links; attribution rules will be published in the Affiliate Dashboard.
5.2 Affiliate Discount. When a customer uses an Affiliate’s Referral Code they receive a 5% discount (the “Affiliate Discount”). Merchant may alter the discount rate by contacting us and subject to our approval.
5.3 Referral Code security. Affiliates must not publish Referral Codes in restricted ways (e.g., Referral Code sites, paid distribution channels) without Merchant’s consent. Merchant may restrict use-cases and publish permitted channels.
6. Commission, Wallet & Payments
6.1 Commission Rate. Affiliate earns 10% of the product purchase price (excl. shipping/VAT unless otherwise stated) for each Qualified Sale.
6.2 Instant credit / pending status. Commissions are instantly credited to the Affiliate’s Amanani Wallet when Merchant receives a cleared payment for the associated order. However, such commission will be flagged as pending during the Refund-Hold Period.
6.3 Refund-Hold & Eligibility. If the order is refunded, cancelled or charged back within the Refund-Hold Period, the commission for that order is void and any credited wallet funds may be reversed by Merchant.
6.4 Payout Schedule & Method. Commissions become payable to Affiliate (i.e. withdrawable from Amanani Wallet) upon minimum withdraw threshold of R 300 via EFT or other method provided by Amanani Online, subject to verification, KYC and any applicable threshold.
6.5 Reversal & Recovery. Merchant may recover overpaid or invalid commissions by (i) reversing wallet balances; (ii) offsetting future payments; or (iii) invoicing Affiliate for amounts owed. Merchant may pursue legal remedies for unrecovered sums. Examples of recoverable events include refunds, fraud, cancelled orders, and self-referrals.
7. Self-Purchases & Self-Referral (STRICTLY PROHIBITED)
7.1 No commission on Self-Purchases. Affiliates may purchase from Merchant as a regular customer, but no commission will be paid on any Self-Purchase. Any commission credited due to Self-Purchase will be voided and Merchant may claw back any paid amounts. See also Section 6.3.
7.2 Linked accounts / devices / methods. A Self-Purchase includes purchases made through accounts, payment methods, devices, IP addresses or persons reasonably linked to Affiliate. Merchant may treat purchases as Self-Purchases if evidence suggests control or collusion.
7.3 Attempted circumvention prohibited. Creating multiple accounts, using proxies, dummy accounts, gifting Referral Codes to colluding parties for the purpose of earning commission, or any other manipulation to generate commissions will be treated as fraud and a material breach. Merchant may suspend/terminate Affiliate and pursue recovery and legal proceedings.
8. Prohibited Activities
8.1 Without Merchant’s prior written consent, Affiliate must not:
- Use spam, unsolicited messages, robocalls, or unlawful data scraping to promote links;
- Engage in deceptive, misleading or unlawful marketing;
- Use Merchant trademarks or logos beyond approved assets;
- Bid on Merchant brand keywords in PPC advertising (unless expressly permitted in writing);
- Engage in cookie-stuffing, bot-generated traffic, fake conversions, or any activity that artificially inflates clicks or sales.
8.2 Merchant may immediately suspend or terminate Affiliate for prohibited activities (see Section 11).
9. Fraud Monitoring, Audit Rights & Data
9.1 Monitoring & Audit. Merchant may monitor affiliate traffic and orders, and audit affiliate activities. Merchant may request information (traffic sources, analytics, proof of compliance).
9.2 Evidence & Logs. Merchant will rely on internal logs, order data, transaction timestamps, Referral Code redemptions, IPs and payment details to detect abuse. Affiliate agrees Merchant’s records are prima facie evidence.
9.3 Privacy & POPIA. Affiliate must comply with POPIA when handling personal data if applicable (for example if Affiliate collects emails for marketing). Merchant will process Affiliate personal data as described in Merchant’s Privacy Policy. Affiliates must not transfer Merchant’s customer data.
10. Taxes & KYC
10.1 Affiliates are responsible for declaring and paying all taxes on commission income (SARS compliance). Merchant may require tax documentation or ID verification before paying commissions.
11. Suspension & Termination
11.1 Immediate suspension / termination. Merchant may suspend or terminate Affiliate at any time (with or without notice) for: breach of this Agreement, fraud, manipulation, unlawful acts, damage to Merchant’s reputation, or repeated policy violations.
11.2 Effect of termination. On termination Affiliate must immediately cease promotional activity and remove Merchant branding/links. Merchant may withhold or forfeit commissions associated with suspected fraud or pending investigation.
11.3 Disputed commissions. If Affiliate disputes a withheld commission, Affiliate must provide evidence within 15 days; Merchant’s decision after reasonable investigation is final.
12. Intellectual Property & License
12.1 Merchant grants Affiliate a limited, non-exclusive, revocable license to use approved marketing materials solely to promote Merchant during the term. Merchant retains all IP rights.
12.2 Affiliate may not in any way whatsoever modify Merchant’s trademarks or create misleading derivative marks.
12.3 Affiliate may not in any way whatsoever modify Merchant’s product information or prices or create misleading information about the products/services.
13. Confidentiality
13.1 Affiliate will keep Merchant Confidential Information confidential and not disclose except as required by law. Confidentiality survives termination for 2 years.
14. Indemnity & Limitation of Liability
14.1 Indemnity. Affiliate indemnifies Merchant against any and all third-party claims arising from Affiliate’s breach, unlawful marketing, fraud, or negligence.
14.2 Limitation of Liability
14.2.1 To the maximum extent permitted by applicable law, the Merchant and its affiliates, officers, directors, employees, agents, licensors and successors will have no liability whatsoever to the Affiliate under this Agreement, whether in contract, tort (including negligence), strict liability, statute or other legal theory, for any indirect, incidental, special, exemplary, punitive, or consequential damages. This includes but is not limited to any loss of revenue, profits, data, business opportunity, goodwill, reputation, anticipated savings, or economic or non-economic loss, even if the Merchant has been advised of the possibility of such damages.
14.2.2 The total aggregate liability of the Merchant to the Affiliate for any claim arising out of or relating to this Agreement, the Affiliate Program, or any services provided in connection with it, regardless of the cause of action, shall not exceed the lesser of: (a) the sum total of Commission payments actually received by the Affiliate from the Merchant in the three (3) months immediately preceding the date of the event giving rise to the claim; or (b) ZAR 3,000.
14.2.3 If no Commission payments have been made to the Affiliate in the three (3) months preceding the relevant event, the Merchant’s liability shall be deemed to be nil / zero.
14.2.4 The Affiliate expressly acknowledges and agrees that these limitations and exclusions of liability form an essential and fundamental part of the commercial basis upon which the Affiliate Program is offered, and that the Commission rates and other benefits reflect this allocation of risk.
15. Changes to Program & Agreement
15.1 Merchant may modify Program features, commission rates, the Refund-Hold Period, or this Agreement at any time. Material changes will be posted and (where practicable) notified; continued participation after changes constitutes acceptance.
16. Notices
16.1 Notices to Merchant: Submit a ticket in the department for Affiliate.
16.2 Notices to Affiliate will be to the email on file.
17. Governing Law & Dispute Resolution
17.1 This Agreement is governed by the laws of the Republic of South Africa. Disputes will first be referred to good-faith negotiation; if unresolved within 30 days, parties may pursue courts of competent jurisdiction.
18. Miscellaneous
18.1 Entire Agreement; Severability; No Waiver; Assignment (Affiliate may not assign without Merchant consent).