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AFFILIATE AGREEMENT ENTERED INTO BY AND BETWEEN:
BornAgainSingles
and Affiliate
(hereinafter referred to as the “Company”)
1. INTRODUCTION
1.1 BornAgainSingles is a Christian Dating internet based service provider.
1.2 The Company wishes to create a link on their website on the Internet, whereby referring traffic to BornAgainSingles and thus participating in BornAgainSingles’ Affiliate Program.
1.3 The parties contract with each other as follows:
2. AFFILIATE RELATIONSHIP
2.1 The Company will place on its website one of the links provided by BornAgainSingles and will code all links as specified by BornAgainSingles.
2.2 The purpose of this Program is to increase traffic flow to BornAgainSingles and expand its paying membership. Both parties undertake, during the continuance in force of this agreement to use all reasonable endeavours to promote and advertise BornAgainSingles.
2.3 Prospective members will follow a coded link from the Company’s website to BornAgainSingles and thereby make use of BornAgainSingles’ membership options. The Company will maintain its own website and relationship with its members/clients with integrity and credibility and will comply with all applicable laws.
2.4 A paid membership will be deemed to have taken place only once the Member has completed the subscription process and payment has been received.
2.7 All membership on BornAgainSingles is subject to an approved security check by BornAgainSingles, who will endeavour to maintain the privacy of its members as well as the integrity and preservation of its website. BornAgainSingles is not responsible to the Company or its members for any damages occasioned by the failure of a member not complying with the Terms and Conditions and Safety Guide as set out on the BornAgainSingles website.
3. MEMBERSHIP PAYMENT OPTIONS
3.1 BornAgainSingles shall prescribe the membership payment options from time to time at their own discretion and may change without any prior notice.
3.2 All payments will be made by the Member in advance by way of a Credit Card.
4. COMMISSION
4.1 BornAgainSingles shall pay revenue share to the Company, during the continuance in force of this agreement, in the amount of 40% of revenue generated from the Company’s website. This 40% will be for the first subscription and all future subscriptions of each paying member referred to us by the Company’s website.
4.2 Detailed statements and payment of the revenue share due to the Company shall be rendered and paid by BornAgainSingles on a monthly basis.
4.3 All revenue share payment that may be due to the Company shall be paid by BornAgainSingles in South African Rands.
4.4 The Company will be able to log in to the Affiliate page on the BornAgainSingles website, with its unique password and track all membership and revenue derived from the Company’s website.
4.5 The Company must provide BornAgainSingles with an invoice by the 10th of each month for the previous month’s revenue share payments due. This will be paid at the Rand-Dollar exchange rate of the last day of each month.
4.6 All revenue share payments made by BornAgainSingles will be in the form of Internet Bank Transfers.
5. BORNAGAINSINGLES DUTIES
5.1 BornAgainSingles shall, at its own cost, maintain the BornAgainSingles website and shall be responsible for the design, style and content thereof. The Company acknowledges that the copyright and proprietary rights of the BornAgainSingles website remain the exclusive property of BornAgainSingles.
5.2 BornAgainSingles through the use of Paygate (www.paygate.co.za) shall be responsible for validating the Credit Card details as supplied by Members and will be responsible for collecting all amounts from the Members.
6. THE COMPANY'S DUTIES
6.1 The Company will use reasonable endeavours to promote and extend the membership to all existing and potential members.
6.2 The Company agrees, save as may be required by law, that all details relating to the website shall remain confidential and shall not be made known unless BornAgainSingles gives its written consent thereto.
7. DURATION OF THE AGREEMENT
7.1 This agreement shall commence immediately once the applicants request to join BornAgainSingles’ affiliate program, has been approved. Either party may terminate this agreement, for any reason whatsoever, upon 30 (thirty) days written notice to the other party.
7.2 This agreement shall terminate automatically in the event of either party committing a breach of a material term of this contract or being guilty of misconduct, infringing on the duties of the highest good faith and confidence between the parties, or which constitutes a just cause for termination of the Program by the Court or in terms of the common law.
8. ARBITRATION
In the event of any dispute between the parties arising out of this agreement such dispute shall be referred to arbitration in terms of the Laws of South Africa, which apply to arbitration and adjudicated according to such laws.
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