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Terms of Use and Privacy Statement

Please read the following terms and conditions carefully before participating in our affiliate marketing program. By signing up as an affiliate, you agree to be bound by these terms and conditions:

1. Definitions.
1.1 “Affiliate” refers to the participant in our affiliate marketing program.
1.2 “CyberMall Pty Ltd” refers to our organization, which operates the affiliate program.
1.3 “CyberMall” refers to the website an Affiliate rents and from where customers are connected to the different Online Stores via unique referral links.
1.4 “Customer” refers to the individuals who make a purchase through the Affiliate's unique referral link.
1.5 “Referral Link” refers to the unique URL or tracking code provided to the Affiliate to track customer referrals.
1.6 “Online Stores” refers to the e-commerce stores that are linked to each Affiliate’s CyberMall. 

2. Application and Acceptance.
2.1. We reserve the right to accept or reject applications and to revoke your participation at any time, without providing any reasons.
2.2. Upon approval, you will receive a unique affiliate ID and access to our affiliate platform.
2.3. Anyone over the age of 18 can apply to become an Affiliate.

3. Affiliate Responsibilities.
3.1. You agree to promote the products of the online stores in CyberMall. You will do this by using your unique referral links and the marketing materials provided to you by CyberMall Pty Ltd.
3.2. You shall comply with all applicable laws and regulations while promoting the products and services in the different online stores.
3.3. You shall not engage in any deceptive or unethical marketing practices or engage in negative marketing against CyberMall Pty Ltd or its competitors.
3.4. Affiliates are responsible for maintaining the accuracy and relevance of their promotional materials.

4. Tracking and Reporting.
4.1. CyberMall Pty Ltd will provide you with unique affiliate links to track referrals and sales.
4.2. You will have access to an affiliate dashboard where you can monitor your performance, traffic, and earnings.
4.3. We reserve the right to adjust or correct any tracking discrepancies or errors as necessary.
4.4. It is your responsibility to ensure that your affiliate links are properly formatted and tracked.
4.5. We reserve the right to adjust or void commissions for any fraudulent, invalid, or duplicate transactions.

5. Commission and Payments.
5.1. You will receive a commission for each sale made through your referral links.
5.2. The commission rate and payment terms will be outlined in the CyberMall affiliate dashboard.
5.3. Each online store will determine its own percentage of the sales price or service fee to be paid out as a commission. You will be able to see the latest percentages on your dashboard.
5.4. A total of 12% of all commissions will go to CyberMall Pty Ltd as an administration fee. 
5.5. Commission payments will be made monthly, subject to a minimum payment threshold set by online stores.
5.6. Online Stores will have the right to adjust commission rates and payment terms at their discretion.

6. Termination.
6.1. Either party may terminate this agreement at any time, with or without cause, by providing written notice to the other party.
6.2. CyberMall Pty Ltd may terminate the Affiliate's participation if it violates any of the terms and conditions or engages in fraudulent activities.
6.3. Upon termination, an Affiliate will forfeit any unpaid commissions that would have become due to it under this agreement.

7. Intellectual Property.
7.1. You acknowledge that all intellectual property, including trademarks and copyrights, belong to CyberMall Pty Ltd.
7.2. You may only use approved marketing materials for promoting our products.
7.3. Unauthorized use of our intellectual property is strictly prohibited.
7.4. Affiliates rent a website from CyberMall Pty Ltd that serves as the platform from where referred customers are directed to the different online stores. 
7.5. The name of this online platform will be a combination of the word “CyberMall” and the preferred name of the Affiliate. For example, if the companies name is Spark Safaris, then the domain name of the platform will be something like www.CyberMallSpark.co.za 
7.6. You will have limited access to such a website for as long as you pay monthly rent, and the affiliate program is ongoing. 
7.7. Should the affiliate program be terminated for any reason, the total control of the website and any email addresses linked to the website or dashboard will revert to CyberMall Pty Ltd.

8. Limitation of Liability.
CyberMall Pty Ltd will not be liable for any damages arising from the affiliate program or your participation in it.

9. Modification of Terms.
Any modifications to the terms and conditions will only become effective after it has been done in writing and accepted by both parties.

10. Governing Law.
10.1. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa.
10.2. Any disputes arising from or in connection with the program shall be subject to the exclusive jurisdiction of the courts in South Africa.

11. Prohibited Activities.
11.1 You shall not engage in any activity that may negatively impact our brand, or reputation, or violate any applicable laws.
11.2 Referral links will not be attached to any videos or other content that can promote violence, pornography, foul language, or blasphemy. 
11.3 You shall not use spam, unsolicited emails, or any other unauthorized methods to promote our products/ services.

By applying to join our affiliate marketing program, you acknowledge that you have read, understood, and agreed to abide by these terms and conditions.


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