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Affiliate Terms and Conditions

Terms and Conditions

For JT Online Pty t/a Canvas & More Affiliate Programme

 

The purpose of the JT Online Pty t/a Canvas & More affiliate programme is to reward Affiliates for any new customers that they refer to JT Online Pty t/a Canvas & More.

By accepting the affiliate program through accepting these terms and conditions the Affiliate agree to abide by the terms and conditions detailed herein.

This Agreement contains the complete terms and conditions that apply to the Affiliate’s participation as a member of the JT Online Pty t/a Canvas & More Affiliate Programme. This Agreement constitutes the entire agreement between JT Online Pty t/a Canvas & More and the Affiliate and any pre-existing agreement or arrangement between JT Online Pty t/a Canvas & More and the Affiliate shall be terminated forthwith upon completion of this Agreement.

Notwithstanding the above, any outstanding commissions owed to the Affiliate prior to the revocation of their affiliate status will be credited to the Affiliate’s profile and can be used to purchase JT Online Pty t/a Canvas & More products or services.

The Acceptance of these terms and conditions will be indicated by signing up to participate in the Affiliate programme.

 

  1. DEFINITIONS
  • “Agreement” shall mean the contents of these terms and conditions and shall amount to a contract between JT Online Pty t/a Canvas & More and the Affiliate in respect of the Programme.
  • “JT Online Pty t/a Canvas & More” shall mean JT Online Pty t/a Canvas & More PTY ltd (Reg 2018/110275/07) whose registered office is at Unit 8, The Studios, Atlas Gardens, Cape Farms, Cape Town
  • ‘the Website’ shall mean the website www.canvasandmore.co.za
  • ‘the Programme’ shall mean the Affiliate Programme as set out on the Website and that is governed by this Agreement.
  • ‘the Link’ shall mean the HTML Link provided from time to time by JT Online Pty t/a Canvas & More to Link the Affiliate’s website to JT Online Pty t/a Canvas & More’s Website, as obtained within the Affilliats dashboard area.
  • ‘the Affiliate’ shall mean the party who agrees to take part in the Programme.

 

  1. THE PROGRAMME
  • The Programme shall be the affiliate programme as set out on the Website from time to time.
  • JT Online Pty t/a Canvas & More is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. JT Online Pty t/a Canvas & More may make any such change by publishing any revised terms and conditions on the Website.
  • The Programme is expressly a business-to-business relationship and both JT Online Pty t/a Canvas & More and the Affiliate enter into it in a business capacity and not as a consumer.
  • The Programme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of JT Online Pty t/a Canvas & More other than as an Affiliate as expressly provided for in this Agreement.

 

  1. SUITABILITY FOR THE JT ONLINE PTY T/A CANVAS & MORE AFFILIATE PROGRAM
  • JT Online Pty t/a Canvas & More reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
  • In particular if JT Online Pty t/a Canvas & More deems that the Affiliate’s post is inappropriate for the Programme then this Agreement shall be terminated.
  • The Affiliate’s post may be deemed inappropriate if in the view of JT Online Pty t/a Canvas & More it contains, promotes or contains links to sites that are:
    • discriminatory, sexually explicit or violent material;
    • promote, depict or contain links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
    • contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights;
    • contains information regarding, promotes or links to a Website that provides information to or promotes illegal activity; or
    • for any other reason that is deemed by JT Online Pty t/a Canvas & More (at its sole discretion) to be unsuitable.
  • Upon requesting to participate in the Programme, the Affiliate is automatically accepted on the Programme. JT Online Pty t/a Canvas & More reserves the right to withdraw Affiliate status at any time after the Affiliate has been accepted onto the Programme for any reason that JT Online Pty t/a Canvas & More deems relevant.
  • Acceptance into the Programme shall not entail that JT Online Pty t/a Canvas & More has specifically approved of or endorses the Affiliate.

 

  1. LEGITIMATE METHODS OF ADVERTISING
  • In order to receive commission’s for referring customers to JT Online Pty t/a Canvas & More, the Affiliate must engage in proper advertising.
  • Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. JT Online Pty t/a Canvas & More shall be the sole and absolute arbiter of what constitutes proper advertising insofar as the Programme is bears reference.
  • Advertising in an improper manner may include, but not be limited to:
    • the forwarding of any URLs direct to JT Online Pty t/a Canvas & More (this includes redirects and misspells of the above trademark domain); and
    • forcing cookies through iframes;
    • advertising through third party networks; with the exception arising from Clause 4.4 below;
    • brand bidding (including misspells) for PPC advertising;
    • including the Affiliate’s JT Online Pty t/a Canvas & More affiliate Link within Unsolicited Commercial Email (UCE) or SPAM; and
    • including any of JT Online Pty t/a Canvas & More’s URL in search adverts.
    • Contacting of JT Online Pty t/a Canvas & More’s clients via it’s own social media posts & adverts.
  • Affiliates are permitted to promote JT Online Pty t/a Canvas & More through various social media communities as a limited exception to Clause 4.3.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of JT Online Pty t/a Canvas & More.
  • JT Online Pty t/a Canvas & More reserves the right to conclude that an Affiliate has engaged in an improper method of advertising according to its own standards and at their sole discretion.
  • Any Affiliate found to be adopting improper methods of advertising for the purpose of the Programme shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked with immediate effect. Such an Affiliate will therefore immediately cease in being an Affiliate of JT Online Pty t/a Canvas & More.
  • Any sales that have been generated through improper advertising will not qualify for commission or credit from JT Online Pty t/a Canvas & More.
  • Any Affiliate found to be utilising these or any other improper methods of advertising may be required to reimburse any commission that has been paid to them by JT Online Pty t/a Canvas & More. If JT Online Pty t/a Canvas & More elects not to enforce this right it shall not be deemed to be a waiver of any rights that it may have under this Agreement or other legislation.

 

  1. THE PROCEDURE
  • Subject to the terms of this Section, JT Online Pty t/a Canvas & More will provide to the Affiliate all links, any related banners, graphics or text advertisements necessary to promote and offer the JT Online Pty t/a Canvas & More Services to the Affiliate’s website’s visitors and/or its members. The JT Online Pty t/a Canvas & More Link may contain any picture, text, logo, graphic, that maybe be attributed with JT Online Pty t/a Canvas & More.
  • JT Online Pty t/a Canvas & More reserves the right to change the content and/or display of the Link from time to time and in its sole discretion. The Link will connect the Affiliate’s website with the area on JT Online Pty t/a Canvas & More’s Website (the landing page) where the Affiliate’s referral may apply for JT Online Pty t/a Canvas & More products directly. The presence of the JT Online Pty t/a Canvas & More Link on the Affiliate’s Website will serve to identify the Affiliate as a member of our Affiliate Programme.

 

  1. THE PAYMENT OF COMMISSION
  • Once a customer has arrived at JT Online Pty t/a Canvas & More’s website, having followed the Link, the Affiliate will earn commission on their orders at any JT Online Pty t/a Canvas & More store. JT Online Pty t/a Canvas & More will not be responsible for commissions missed due to the cookies being deleted or blocked or in any other way failing to track the customer from the Link.
  • Affiliates will earn commission fees only with respect to activity on the JT Online Pty t/a Canvas & More Website occurring directly through their referral Link.
  • JT Online Pty t/a Canvas & More is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
  • JT Online Pty t/a Canvas & More reserves the right to take legal action against any Affiliate that commits fraud or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to willingly violating the terms of this Agreement.
  • JT Online Pty t/a Canvas & More will make payment to the Affiliate for all paid orders every Thursday.
  • Affiliates will only be paid Commissions in orders made by their referral customers after the Affiliate has joined the Programme. Commissions will not be not paid on existing or past orders.
  • JT Online Pty t/a Canvas & More will not pay commission for products that an Affiliate purchases for itself through the Link. The JT Online Pty t/a Canvas & More system will not recognise this as an Affiliate sale.
  • The rates of commission payable to the Affiliate is found within the Affiliates dashboard.

 

  1. JT ONLINE PTY T/A CANVAS & MORE’S OBLIGATIONS

JT Online Pty t/a Canvas & More agrees to undertake the following obligations:

  • provide a unique referral code for the Affiliate’s use;
  • processing all orders for JT Online Pty t/a Canvas & More products or services placed by a referral that has followed the Link;
  • tracking the number and amount of relevant sales generated through the Link;
  • providing information to the Affiliate regarding commission payments;
  • payment processing, cancellations, returns and all other related customer services for the purpose of JT Online Pty t/a Canvas & More’s business; and
  • establishing the commission payment frequency and pay-outs of earned commissions as contained in Section 6 of this Agreement.

 

  1. THE AFFILIATE’S OBLIGATIONS

The Affiliate agrees to be solely responsible for the following and shall keep JT Online Pty t/a Canvas & More fully indemnified in respect of:

  • the content of the Affiliate’s Website or any Website that they may be connected to;
  • any misrepresentation of JT Online Pty t/a Canvas & More or its products or services;
  • making of any false claims, representations or warranties in connection with JT Online Pty t/a Canvas & More;
  • ensuring that the Affiliate’s Website and the Affiliate’s products and services on the Affiliate’s Website comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law;
  • obtaining permission to use another party’s copyrighted or any other proprietary material;
  • the payment of all tax and national insurance payable on any payments made to the Affiliate by JT Online Pty t/a Canvas & More.
  • Affiliates further agree to indemnify and hold harmless JT Online Pty t/a Canvas & More, its parent company, associated companies, subsidiaries and affiliates, their directors, officers, employees, agents, shareholders, partners, members and other owners against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as they arise out with this Agreement.

 

  1. RIGHT TO NAME AS A REFERENCE CUSTOMER
  • Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to JT Online Pty t/a Canvas & More, other than those specifically mentioned in this Agreement or otherwise provided by JT Online Pty t/a Canvas & More, without the prior written consent of JT Online Pty t/a Canvas & More. JT Online Pty t/a Canvas & More reserves the right to refuse any request for consent under this Agreement.

 

  1. THE LICENSE
  • JT Online Pty t/a Canvas & More grants to the Affiliate, a non-exclusive, non-transferable, revocable right to access the townaquare.co.za Website through the Referral Link solely in accordance with the terms of this Agreement.
  • This license shall be used solely in connection with the Link and will extend to the use of our logos, trade names, trademarks and similar identifying material relating to JT Online Pty t/a Canvas & More and which JT Online Pty t/a Canvas & More shall provide to the Affiliate.
  • Affiliates cannot modify or change the JT Online Pty t/a Canvas & More logo’s or artwork or any other materials provided by JT Online Pty t/a Canvas & More in any way.
  • Other than distributing the Referral Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by JT Online Pty t/a Canvas & More without first obtaining the prior written consent of JT Online Pty t/a Canvas & More.
  • Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the JT Online Pty t/a Canvas & More brand or any other brands.
  • JT Online Pty t/a Canvas & More reserves all of its rights in the materials provided and all of its other proprietary rights.
  • JT Online Pty t/a Canvas & More shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
  • The licenses described in this Section shall expire upon the termination of this Agreement.

 

  1. TERM OF THE AGREEMENT
  • The terms of this Agreement will begin upon the Affiliate’s signup with the Programme and will end when the Affiliate’s affiliate account is terminated.
  • Upon the termination of this Agreement any commission still owing to the Affiliate will be paid out as soon as practical and reasonable.

 

  1. MODIFICATION
  • JT Online Pty t/a Canvas & More reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. JT Online Pty t/a Canvas & More shall make such modifications by way of publishing revised terms on the Website.
  • An Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement.
  • An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.

 

  1. LIMITATION OF LIABILITY
  • JT Online Pty t/a Canvas & More shall not be liable to the Affiliate or to any other person for indirect, incidental or special damages, lost profits, loss of goodwill, lost savings or any other form of consequential damages, regardless of the form of action, whether resulting from breach of its obligations under this Agreement or otherwise.
  • JT Online Pty t/a Canvas & More’s entire liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
  • JT Online Pty t/a Canvas & More makes no warranties, either express or implied, concerning the performance or functionality of the JT Online Pty t/a Canvas & More services or the Programme as a whole.
  • JT Online Pty t/a Canvas & More shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission or storage of any messages or information in connection with the Programme or JT Online Pty t/a Canvas & More.

 

  1. GOVERNING LAW
  • This Agreement is governed by and is construed in accordance with the laws of South Africa.
  • The Courts of South Africa shall have jurisdiction to hear any disputes arising from this Agreement.
  • JT Online Pty t/a Canvas & More shall not be liable for the legality of JT Online Pty t/a Canvas & More service in countries other than South Africa.
  • Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to the JT Online Pty t/a Canvas & More service from a country other than South Africa.

 

  1. ACCEPTANCE
  • By joining, the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.