Ever Beauty® SA Affiliate Program Service Agreement.
- Ever Beauty® SA shall have the rights to use the name, image, characterization, visual and audio representation of (The Affiliate) within the territory stipulated. The Affiliate allows Ever Beauty® SA the right to utilize his/her images and or videos taken at the during the through joining the affiliate program. The affiliate promises to always speak positively about the Ever Beauty ® brand on online and offline, publicly and privately. The Affiliate agrees that the remuneration of commission generated through his/her sales referrals shall be paid to the affiliate by 7th of the following month, after he/she has submitted a request for payout.
- This Agreement shall be governed by the laws of the Republic of South Africa, without regard to its conflict of laws, provisions, and the affiliate hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the Republic of South Africa in connection with any action, litigation or proceeding relating to the subject matter of this Agreement.
- The affiliate represents and warrants that all promotional means utilized by the affiliate (a) will not contain objectionable content (including but not limited to content that is misleading, illegal, and/or promoting illegal goods, services or activities), and (b) will not mislead others. You further represent and warrant that the content of your website and e-mails and social media footprint do not promote, advocate, facilitate or otherwise include any of the following: (i) hate speech or material that discriminates on the basis of race, ethnicity, gender, age, disability, religion or sexual orientation; (ii) investment, money-making opportunities or advice not permitted under law; (iii) violence or profanity; (iv) pornographic, obscene, sexually explicit or related content; (v) material that defames, abuses, is libelous, is tortuous or threatens physical harm to others; (vi) material that displays any telephone numbers, street addresses, last names, URLs, e-mail addresses, any confidential information or any other personally identifiable information of any third person; (vii) material that impersonates any person or entity; (viii) any indication that any statements You make are endorsed by Ever Beauty® without express prior written consent; (ix) promotion of illegal substances or activities (e.g., illegal narcotics, how to build a bomb, counterfeiting money); (x); content which is inappropriate or harmful to children; (xi) promotion of terrorism or terrorist-related activities, sedition or similar activities; (xii) software pirating (e.g., warez, hotline); (xiii) hacking or phreaking; (xiv) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) any software, product or service that harvests or collects the personal information of Internet users, whether or not for commercial purposes, without the express consent of such users; (xvii) any spoofing, redirecting or trafficking from other websites in an effort to gain traffic; (xviii) any content that infringes upon the intellectual property rights of any third party or any other right including, without limitation, false advertising, unfair competition, invasion of rights of publicity or privacy; (xix) illegal forms of gambling, contests, lotteries, raffles, or sweepstakes; (xx) any material that violates CAN-SPAM or any similar or comparable laws in any other country or jurisdiction in which You operate; or (xxi) any illegal activity whatsoever (including any violations that are applicable to the laws of Republic of South Africa, in which You operate). Ever Beauty® SA may review affiliates information, conduct and any suspected fraudulent, abusive or otherwise illegal content or activity. Any validated breach of this Section is grounds for immediate termination of this Agreement, forfeit of Affiliates Fees and commission, and deactivation of the Affiliate.