Evetech Affiliate Programme
Terms & Conditions

These Terms and Conditions ("Terms") form a binding legal agreement between Evetech (Pty) Ltd, a company incorporated in the Republic of South Africa ("Evetech", "we", "us" or "our"), and you, the person or entity applying to participate in the Evetech Affiliate Programme ("you", "your" or the "Affiliate"). These Terms govern your application to, and participation in, the Evetech Affiliate Programme (the "Programme").

By ticking the box marked "I agree to the Affiliate Programme Terms & Conditions" when you submit your application, or by logging in to or otherwise using any part of the Programme after your application has been approved, you confirm that you have read, understood and agree to be bound by these Terms in full. If you do not agree with any part of these Terms, do not apply for or use the Programme.

These Terms are concluded electronically and are enforceable as a written agreement under the Electronic Communications and Transactions Act, 2002 ("ECTA"). If you apply on behalf of a company, close corporation, trust or other legal person, you warrant that you are authorised to bind that entity.

• Affiliate Account — the account created for you in the Programme dashboard after approval.
• Affiliate Code — the unique alphanumeric identifier allocated to you for use in Affiliate Links. The Affiliate Code remains our property at all times.
• Affiliate Link — a URL, deep link, QR code or other tracking mechanism incorporating your Affiliate Code.
• Commission — the amount payable to you for a Qualifying Sale, calculated under clause 5.
• Cookie — a tracking file placed on a visitor's device or a functionally equivalent server-side or in-app identifier.
• Cookie Duration — the 30 (thirty) calendar-day window after a tracked click during which a subsequent purchase may qualify for Commission.
• Fulfilled Order — an order that has been shipped to, or collected by, the customer and for which an invoice has been issued.
• Maturity Period — the 30 (thirty) calendar-day period starting on the date an order becomes a Fulfilled Order, during which Commission is held pending possible returns, refunds and chargebacks.
• POPIA — the Protection of Personal Information Act, 4 of 2013.
• Qualifying Sale — a Fulfilled Order attributed to you under clause 6, that has not been cancelled, refunded, charged back or otherwise reversed, and that is not excluded under clause 5.

To apply and remain in the Programme, you must meet all of the following at all times:

• You must be at least 18 years of age and have full contractual capacity.
• You must be ordinarily resident in South Africa, or be a legal entity registered in South Africa.
• You must hold a valid South African bank account in your own name (or your business's name) capable of receiving EFT payments in Rand.
• You must operate one or more active content channels — such as a YouTube channel, TikTok account, Instagram account, Twitch channel, blog or website — containing genuine original content created by you.
• You must not be an employee, contractor, director, officer, shareholder or immediate family member of Evetech or any company in the Evetech group.
• You must not appear on any sanctions or restricted-persons list to which we are subject.
• You must not have been terminated from, or permanently suspended from, the Programme in the preceding 24 months.

We may verify your eligibility at any time and ask for supporting documentation. If you don't provide it within 10 business days of a written request, that's a material breach of these Terms.

You apply by completing the application form at evetech.co.za/affiliate/apply. We may approve, reject or request more information at our sole discretion. We are not obliged to give reasons for any decision.

If we approve your application, we will allocate an Affiliate Code to you. The Affiliate Code, the Affiliate Link, all tracking data and all related Programme materials remain our exclusive property. You receive a personal, non-exclusive, non-transferable, revocable licence to use them solely for the purpose of generating Qualifying Sales under these Terms.

You may not (a) sell, sub-license, transfer, share or pledge your Affiliate Code or Affiliate Account, (b) use someone else's Affiliate Code, or (c) operate more than one Affiliate Account without our prior written consent.

Attribution is on a last-click basis: the Affiliate whose Affiliate Link generated the most recent qualifying click within the Cookie Duration is credited with the sale.

The Cookie Duration is 30 calendar days, counted from the moment the tracked click is recorded. If the customer does not complete the purchase within that window, the click expires and no Commission is payable.

If a customer subsequently clicks a different Affiliate's link before purchasing, the original attribution is overwritten in favour of the more recent Affiliate.

No Commission is payable where the customer disables cookies, uses tracking-prevention measures, or where attribution cannot otherwise be technically established.

Our tracking and attribution systems are the sole and final record of which Affiliate is entitled to Commission for any given sale. You agree to be bound by them.

Commission moves through the following statuses:

Approved Commission is paid out monthly, by EFT, to the South African bank account on file in your Affiliate Account. There is no minimum payout threshold. You are responsible for keeping your banking details current; we are not liable for missed or delayed payouts caused by stale or incorrect details.

You are solely responsible for declaring and paying any tax (including income tax, VAT, provisional tax and any other levies) on Commission you receive. Where required by law, we may withhold and remit tax from your Commission and provide you with the corresponding tax certificate.

If you believe Commission has been incorrectly calculated, omitted, or reversed, you must raise the dispute in writing within 30 calendar days of the entry appearing in your Affiliate Account dashboard.

After 30 days, our records are deemed accepted by you and become final and binding, and you waive any further claim in respect of that Commission entry.

A breach of this clause 9 entitles us to immediately suspend or terminate your Affiliate Account, withhold and forfeit any unpaid Commission, and reclaim Commission already paid in respect of the breach.

You must clearly and conspicuously disclose your participation in the Programme wherever you place an Affiliate Link or promote Evetech for Commission, in line with applicable consumer-protection law including the Consumer Protection Act, 2008 and applicable Advertising Regulatory Board rules.

Acceptable disclosure formats include "#ad", "#sponsored", "#affiliate", or a clear sentence such as "I earn a commission if you buy through this link." The disclosure must be visible at the point where the Affiliate Link appears, not buried in a description, footnote or comment.

Evetech grants you a limited, revocable, non-exclusive, non-transferable, royalty-free licence to use the Evetech name, logo and approved brand assets solely to promote Evetech under these Terms.

You must not (a) modify, distort or alter our brand assets, (b) use our brand assets in a way that suggests endorsement of, or affiliation with, any third party, (c) register or attempt to register any trademark, domain name, social handle or other identifier incorporating our brand, or (d) use our brand assets after termination of these Terms.

All goodwill arising from your use of our brand assets vests exclusively in Evetech.

In running the Programme we process personal information about you (your name, contact details, banking details, channel handles, Commission history) and about end customers (only the information needed to attribute and reconcile sales). We do this in accordance with our Privacy Policy and POPIA.

You acknowledge that we may share your information with our payment, accounting, fraud-prevention and tax-reporting service providers as necessary to operate the Programme, and that we may retain your information for as long as required by applicable law and our internal record-keeping policies.

You must comply with POPIA in everything you do under these Terms. You must not collect, store or pass on customer personal information beyond what is strictly necessary for the placements you make, and you must not contact our customers using any personal information you obtain through your participation in the Programme.

Information made available to you through the Affiliate dashboard — including Commission rates, statistics, internal performance data and unreleased product information — is confidential. You must not disclose, publish or use it for any purpose other than your participation in the Programme, both during and for 24 months after termination.

Either party may terminate participation in the Programme at any time, for any reason, on 7 days' written notice by email to the other party.

We may suspend your Affiliate Account and/or terminate these Terms with immediate effect (and without notice) where, in our reasonable opinion, you have breached these Terms, become subject to insolvency or business-rescue proceedings, brought Evetech into disrepute, or done something that exposes Evetech to legal, financial or reputational risk.

On termination: (a) your right to use the Affiliate Code, Affiliate Link and our brand assets ends immediately and you must remove them from all your channels within 5 business days; (b) any Approved Commission earned to that date will be paid out in the next ordinary payout cycle, subject to clause 5; (c) any Commission that was MATURING, ORDER_PLACED, PAYMENT_CONFIRMED or FULFILLED but not yet APPROVED is forfeited if termination is for breach of clause 9, otherwise it follows the ordinary lifecycle.

You warrant to us that: (a) all information you give us is true, accurate, complete and not misleading; (b) you will comply with all applicable laws, including POPIA, the Consumer Protection Act, the Electronic Communications and Transactions Act, the Income Tax Act, and applicable advertising regulations; and (c) your channels and content do not, and will not, infringe any third-party right.

Other than as expressly set out in these Terms, the Programme is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, to the maximum extent permitted by law.

To the maximum extent permitted by law, our total aggregate liability to you under or in connection with these Terms (whether in contract, delict or otherwise) is limited to the total Commission paid to you in the 12 months immediately preceding the event giving rise to the claim.

We are not liable for any indirect, special, incidental, consequential, punitive or exemplary damages, or for any loss of profit, revenue, goodwill, reputation, business opportunity or anticipated savings, even if we've been advised of the possibility of such damages.

You indemnify Evetech and hold us harmless against all loss, damage, liability and reasonable legal costs we may suffer as a result of your breach of these Terms, your unlawful or fraudulent acts or omissions, or any third-party claim arising out of your conduct or content.

You are an independent contractor and not an employee, partner, joint venturer, agent or franchisee of Evetech. Nothing in these Terms creates an employment relationship between us. You have no authority to make any representation, contract or commitment on behalf of Evetech, and you must not hold yourself out as having any such authority.

We may amend these Terms from time to time. We will notify you of material changes by email to the address on file in your Affiliate Account, and post the updated Terms at evetech.co.za/affiliate/terms. The updated Terms take effect 7 (seven) days after notification, and apply prospectively to all activity after that date.

If you do not accept a change, your remedy is to stop using the Programme and terminate under clause 14. Continued use of the Programme after the effective date constitutes acceptance of the updated Terms.

Notices to you will be sent to the email address on file in your Affiliate Account. Notices to us must be sent by email to [email protected] with the subject "Affiliate Programme — Notice".

Notices are deemed received on the next business day after sending, unless an automated bounce or out-of-office reply indicates otherwise.

These Terms are governed by, and must be interpreted in accordance with, the laws of the Republic of South Africa.

You and Evetech submit to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria. The parties agree to first attempt in good faith to resolve any dispute by negotiation between senior representatives within 14 days of written notification of the dispute, before commencing any legal proceedings (other than urgent interim relief).

• Entire agreement — these Terms, together with our Privacy Policy and any policies referenced in them, constitute the entire agreement between us regarding the Programme and supersede any prior agreement or understanding.
• Assignment — you may not assign or cede any rights or obligations under these Terms without our prior written consent. We may assign or cede freely on notice to you.
• Severability — if any provision is found to be unenforceable, the remainder of the Terms remain in full force and effect.
• No waiver — our failure to enforce any provision is not a waiver of our right to do so later.
• Force majeure — neither party is liable for any failure to perform caused by an event beyond its reasonable control, including acts of state, civil unrest, load-shedding, network outages, pandemics or natural disasters.
• Survival — clauses that by their nature should survive termination (including 5, 8, 11, 12, 13, 15, 19 and 20) survive termination of these Terms.