AFFILIATE MARKETING TERMS AND CONDITIONS

Updated: May 2020

As an authorized affiliate (Affiliate) of The Papery (The Papery), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting The Papery as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to The Papery by your own website or personal referrals.

By signing up for The Papery Affiliate Program (Program), you indicate your acceptance of this
Agreement and its terms and conditions.

1. Approval or Rejection of the Application

We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

2. Commissions

We will pay commissions on a monthly basis for Qualifying Purchases shipped in a given month, approximately 30 days following the end of each calendar month. Commissions will be paid once a month.

You cannot refer yourself, and you will not receive a commission on your own accounts. Once a customer has clicked through from you link and made their first purchase, you will earn commission on that customer for the duration of 365 days on all products bought, except in the case where we notify you of product exclusions from time to time.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in charge-backs or refunds will not be paid out.

3. Termination

Your affiliate application and status in the Program may be suspended or terminated, with immediate effect, for any of the following reasons (each a Termination Event):

  • Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
  • Spamming (illegal mass email or mass newsgroup posting, etc.).
  • Advertising on sites containing or promoting illegal activities.
  • Violation of intellectual property rights. The Papery reserves the right to require license agreements from those who employ trademarks of The Papery, in order to protect our intellectual property rights.
  • Self-referrals, fraudulent transactions, suspected Affiliate fraud.
  • Breach of your obligations under this Agreement.
  • Actions which bring or are likely to bring disrepute or damage to the reputation of The Papery (by association or otherwise) or cause any adverse effects to the interests of The Papery.

In addition to the foregoing, The Papery may terminate this Agreement, without cause and for no reason, by giving the Affiliate not less than seven (7) calendar days’ written notice.

4. Affiliate Links

You may use graphic and text links both on your website and within in your email messages, blogs or social media posts. You may only advertise The Papery site and products on your own websites and your own social media channels and to your own email lists.

You may use the graphics and text provided by us to advertise The Papery (subject to the terms of our licence agreement), or you may create your own graphics and text. Any graphics and text which you design (or have designed on your behalf) must:

  • be designed and used in an appropriate manner which protect the reputation of The Papery and The Papery brand;
  • be clear and accurate and not misleading;
  • comply with the terms and conditions set out in this Agreement; and
  • must not fall within any of the categories which would constitute a Termination Event.

It is a requirement that all affiliates have an affiliate disclosure on their website as well as disclose in all posts (social media and blog) that they are using affiliate links.

5. Liability

The Papery will not be liable for any indirect or consequential losses (including, but not limited to, third party claims and/or loss of (or anticipated loss of) image, business, commercial opportunity and/or profits, revenue or commission) punitive or exemplary damages or expenses, whether or not foreseeable.

We do not make any expressed or implied warranties with respect to products sold by The Papery. We make no claim that the operation of our website(s) will be error-free and we will not be liable for any interruptions or errors.

6. Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

The terms and conditions of this Agreement may be modified by us at any time. We will provide you with written notice of any changes via email.

If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

7. Indemnification

The Affiliate shall indemnify and hold harmless The Papery and its affiliates and subsidiary companies, officers, directors, employees, licensees,  successors and assigns, including those licensed or authorized by The Papery to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of the Affiliate.

8. Law, Jurisdiction, and Attorney Fees

This Agreement shall be governed by and construed in accordance with the laws of South Africa. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the magistrate’s court, Cape Town, South Africa.

9. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the The Papery affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing The Papery Affiliate application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.