SALES AGENT PARTNER TERMS AND CONDITIONS
Updated: April 2020
As an authorized Sales Agent Partner (sales agent partner, agent, you, your) of The Papery (The Papery, we, us), 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’s products.
1. General Terms and Conditions
Your participation in The Papery Sales Agent Partner Program (Program) is to legally market The Papery’s own brand of products through your contacts, existing or new, by way of your own marketing or personal referrals.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
By signing up for the Program, you indicate your acceptance of this Agreement and its terms and conditions.
2. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Sales Agent Partner Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Sales Agent Partner Application.
3. Independent Contractor
On acceptance of the application, The Papery acknowledges the Sales Agent Partner as an authorized sales representative for specific products and services of The Papery. The Sales Agent Partner acknowledges that he/she will be viewed as an independent contractor. The Papery will not be responsible for filing or paying any government taxes, on behalf of the Sales Agent Partner. Furthermore, the Company will not provide retirement or any other benefits customary to employment.
4. Operating Area & Customers
A Sales Agent Partner will be permitted to operate in any area until such time that we have established designated areas or customers to specific Sales Agent Partners.
Where a customer is an existing customer of The Papery, the Sales Agent Partner may not approach such customer on behalf of The Papery, unless with express permission from The Papery.
From time to time we may give you a referral in your specific area.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
5. Duties of the Sales Agent Partner
The Sales Agent Partner will carry out the customary duties of a sales representative. This includes, but is not limited to, solicitation of new clients and conducting marketing/promotional efforts in accordance with guidelines established by Company.
The Sales Agent Partner is financially responsible for, reproduction and distribution of all marketing and sales materials, created by The Papery, and used to solicit the Company’s products and services.
The Sales Agent Partners who are deemed by The Papery to not be actively marketing The Papery’s products and services, will lose their authorized agent status.
Under no circumstances will an Agent accept payment for services directly from client. All administrative and back-office functions, including billing, shall be the sole responsibility of The Papery.
The Agent may be requested to assist in remedying a situation which has caused a client account to become delinquent.
6. Sales Commissions
The Papery will pay the Agent who is verified to be the procuring cause of a sale, a sales commission in accordance with the Agent commission schedule currently in effect.
Commissions will be paid on new and prior sales (residual compensation) provided the agent is an authorized representative in good standing.
Commission payments will be made on the last working day of the month in which the full payment from the customer is received.
7. Duration of Partnership & Termination
The term of this Agreement begins upon your acceptance into the Program and will end when your Sales Agent Partnership is terminated by either party in accordance with the terms and subject to the conditions of this Agreement.
Your Sales Agent Partnership may be suspended or terminated for any of the following reasons:
- 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.
- Fraudulent transactions, suspected agency 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.
The terms and conditions of this Agreement may be modified by us from time to time. [We will provide you with written notice of any changes.] If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Sales Agent Partnership. Your continuing participation in the Program will constitute your acceptance of any change.
The Papery clearly describe that all contents included on its websites, such as text, articles, graphics, logos, banners, photographs, button icons, audio clips, digital downloads, data compilations and software are the property of The Papery or its content suppliers, it also protected by South African and international copyright protection laws.
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.
The Sales Agent Partner shall indemnify and hold harmless The Papery and its affiliate 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 Sales Agent Partner.
11. 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.
12 . Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in The Papery Sales Agent Partnership. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing The Papery Sales Agent Partner application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.