Membership

Join the Affiliate Programme

Terms & Condtions:

1. Interpretation
   
   
   • Affiliate (YOU) means a website that provides a Link or Links that will direct Internet users from your website to the FLOWERS.co.za website.
   • Agreement means the agreement constituted by YOU submitting an Affiliate Application and signifying acceptance of these Terms and Conditions followed by FLOWERS.co.za approving that Affiliate Application.
   • Commission means a payment funded by a FLOWERS.co.za and payable to YOU when an Internet user clicks through from your website and undertakes any purchase specified by us.
   • Click Through means the action of an Internet user selecting or clicking on a Link on your website which takes him or her to the FLOWERS.co.za website.
   • Link means a selectable URL associated with text, graphics, search field, or other information or object located on your website.
   • Qualifying Period means the maximum interval (in days) between the Internet user's Click Through and their undertaking the purchase or other activity as specified.
   
   
2. Key Obligations
   
   
   1. FLOWERS.co.za will:
      
      
      1. Promote FLOWERS.co.za to the mutual advantage of both parties;
      2. Track transactions as specified; and
      3. Pay Commission to YOU on a quarterly period provided
         • the payment criteria specified has been met;
         • the aggregate Commission payable to YOU exceeds the minimum set by us (presently R500.00). Commissions will accumulate until the minimum threshold is achieved; and
         • FLOWERS.co.za has received payment from customers; and
      4. Supply online activity reports to YOU.
         
         
   2. YOU must:
      
      
      1. Maintain the website identified in your Application;
      2. Actively promote on your website FLOWERS.co.za;
      3. Not bring FLOWERS.co.za into disrepute;
      4. Provide us any information we may reasonably request;
      5. Maintain your customer list in a manner that conforms with best-practice opt-in and privacy policies and refrain from email spamming - we have a "no tolerance" policy on spamming: if we are satisfied you are a spammer, we will terminate this agreement and you will forfeit any unpaid commissions.
      6. Not use any predatory advertising methods. Participation in predatory advertising programs may be cause for your immediate termination from FLOWERS.co.za Affiliate program.
      7. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site owner's expressed, written permission. Examples include, but are not limited to, keyword passing browser plugins such as TopText and Surf+, banner replacement technology, and browser spawning technology that is not web site dependent.
3. Links
   
   
   1. FLOWERS.co.za will provide performance-based advertising offers in the form of links, banners, buttons and other relevant material for promotion by YOU, plus appropriate guidance for YOU on how best to market our products and / or services.
   2. We will convey these offers and guidance to YOU by email and by publishing information on our website. We will use our best endeavours to convey these offers (including changes or cancellations) to YOU.
   3. We will provide YOU with information to enable YOU to download Links and other offer information to your website.
   
   
4. Payment of Commissions
   
   
   1. Subject to clause 2(i)(d) above, YOU will be paid Commission by cheque mailed to the address shown in your Application.
   2. In the event that Internet users return goods or cancel orders or activities for which Commissions had previously been calculated, appropriate adjustments will be made to future Commissions. Administration fees may apply.
   3. We reserve the right not to honour or to reverse any transactions carried out dishonestly or fraudulently.
   4. Interest will not be paid on outstanding Commissions.
   5. YOU will be responsible for checking the online reports detailing Internet users' activity referred by YOU to satisfy yourself that the Commissions paid to YOU are correct.
   6. Any discrepancies or queries should be brought to our attention as soon as evident within 30 days.
   7. YOU acknowledge and agree that necessary currency conversions will be at the then prevailing market rates as determined by us.
   8. Commissions will be paid in South African Rands.
   9. As the FLOWERS.co.za Affiliates program tracking technology is cookie based, you will be paid a commission on a sale only if you were the last affiliate the shopper has clicked on prior to engaging in that activity.
   
   
5. Trade Marks
   
   
   1. YOU may use any trade marks, brand names, business names, domain names or copyright material belonging to us to promote FLOWERS.co.za only in the manner specified by us.
   2. YOU consent to the use of your name, logo and trademarks as listed in your Application for the promotion of FLOWERS.co.za.
   
   
6. Confidentiality
   
   
   1. The database created by us for FLOWERS.co.za is our property and YOU shall have no right to access information in it except as supplied to you in online reports.
   2. Each party shall respect the confidentiality of the other's data and commercially valuable information.
   
   
7. Non Exclusivity
   
   
   1. We are entitled at our discretion to include other affiliates in the program that compete with YOU.
   2. YOU may join other similar programs.
   
   
8. Termination
   
   
   1. Each party may terminate the Agreement at any time upon 7 days notice to the other via email or post or fax.
   2. We may terminate this agreement without notice to YOU if YOU are in breach of clauses 2(ii), 9(ii) or 9(iii).
   3. YOU may cease to promote FLOWERS.co.za products and / or services by 7 days notice to us, without terminating this Agreement. Any outstanding Commission remains payable to YOU.
   4. If this Agreement is terminated, then
   1. any outstanding Commissions remain due and payable (including such Commissions as may accrue during the Qualifying Period); except that if termination is due to email spamming (refer 2(ii)f) then unpaid commissions will be forfeited;
   2. YOU must deliver to us all our promotional material held by YOU;
   3. YOU must cease to represent yourself as a FLOWERS.co.za Affiliate; and
   4. clauses 6(ii), 9(iii) and 9(iv) survive.
   
   
9. Warranty and Indemnity
   
   
   1. We warrant that we are owners of and are duly qualified and licensed to operate FLOWERS.co.za and to carry out our obligations under this Agreement.
   2. YOU warrant that the information supplied by YOU in the Affiliate Application is true.
   3. Each party agrees to keep the other party fully indemnified against all costs (including legal fees), claims, and damages incurred directly in connection with any failure to perform its obligations.
   4. We will not be liable for any damages, expenses, or loss of profits suffered by YOU arising out of your participation in FLOWERS.co.za Affiliate program.
   
   
10. Miscellaneous
    
    
    1. This Agreement does not create any relationship of agency, partnership or joint venture between us.
    2. This Agreement constitutes the entire Agreement between us.
    3. We may at our discretion make amendments to this Agreement by giving notice to you by email or mail.
    4. Notices shall be effective only when delivered to the nominated postal address or email address of the recipient.
    5. This Agreement shall be governed by the laws of the Republic of South Africa.
    6. The parties agree to sign any necessary documentation to give effect to this Agreement.
    7. This Agreement and documents envisaged in clause 10(vi) may be executed in counterparts (which may be in different languages), each of which shall be deemed an original and both of which taken together shall be deemed to constitute the same instrument.
    8. Neither party will be liable to the other for technical or other difficulties which may periodically hinder the operation of their website.

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