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Affiliate Terms and Conditions

Terms & Conditions Affiliates: Kathy Harding website: https://kathyharding.co.za

Agreement

  • By enrolling as an Affiliate in Kathy Harding's Affiliate Program, you agree to adhere to the following terms and conditions.
  • Kathy Harding reserves the right to revise and modify these Terms of Service periodically without prior notice. Any new features enhancing or expanding the current Program, including the introduction of new tools and resources, will be subject to these Terms of Service. Your continued utilization of the Program following such alterations constitutes acceptance of the revised terms.
  • Violation of any conditions outlined below may result in the termination of your account and forfeiture of any accrued affiliate commission payments earned during the violation period. You acknowledge that your participation in the Affiliate Program is at your own risk.

Account Terms

  • You must be at least 18 years old to participate in this Program.
  • Only individuals may register accounts; accounts registered through automated methods or “bots” are prohibited.
  • During the signup process, you must provide your full legal name, a valid email address, and any other requested information.
  • Your login credentials are for individual use only; sharing a single login among multiple individuals is not allowed.
  • You are responsible for safeguarding the security of your account and password. We bear no liability for any loss or damage resulting from a failure to comply with this obligation.
  • You are accountable for all content posted and activity occurring under your account.
  • Each person or legal entity may maintain only one account.
  • The Affiliate Program may not be used for unlawful or unauthorized purposes. You must refrain from violating any laws in your jurisdiction, including copyright laws, when engaging in the Program.
  • You are prohibited from earning commissions on your personal Kathy Harding or Pure Haven product accounts.
  • Written consent is required before downloading any videos owned by Kathy Harding and Pure Haven.

Links/Graphics on the Website, in emails, or Other Communications

Upon enrolment in the Affiliate Program, you will receive a unique Affiliate Code. You are authorized to place links, banners, or other provided graphics with your Affiliate Code on your website, in emails, or other communications. We will supply guidelines, link styles, and graphical assets for linking to the Website. The design of the artwork may change without prior notice, but image dimensions will remain consistent.

To ensure accurate tracking, reporting, and referral fee accrual, special link formats will be provided for all links between your site and the Website. You must ensure that each link between your site and the Website correctly utilizes these special link formats. Links placed on your site in accordance with these Terms of Service and utilizing the specified special link formats are termed “Special Links.” Referral fees will only be earned for sales on Website products directly through Special Links; We will not be held liable for any failure to use Special Links or incorrect Affiliate Code input, potentially resulting in reduced payments under these Terms of Service.

Affiliate links should direct to the specific product page being promoted.

Referral Fees/Commissions and Payment

To earn a referral fee for a Website product sale, the customer must click-through a Special Link from your site, email, or other communications to the Website and complete a product order during that session.

Commissions will only be paid on links automatically tracked and reported by our systems. We will not honour commissions for untracked purchases or referrals. Payments will solely be made for business generated through properly formatted special links tracked by our systems.

We retain the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive sales or marketing practices.

Payment commencement occurs once you've accumulated over R1811 in affiliate income. Commissions will not be disbursed if your affiliate account balance remains below the R1811 threshold.

Specific details for South African residents are outlined in the payment schedule section.

Identifying Yourself as an Affiliate

You are prohibited from issuing any press release regarding these Terms of Service or your involvement in the Program. Misrepresenting or embellishing the relationship between us and you or implying any unauthorised affiliation or endorsement, is strictly prohibited. You may not indicate that you are part of Kathy Harding or express any relationship or affiliation without explicit authorisation. You may not use your affiliate links to purchase products for personal use. Such actions may result in withheld referral fees and/or termination of these Terms.

Payment Schedule

Affiliate payments commence once your earnings surpass R1811 and are issued monthly thereafter on or before [the last day of the month]. If your affiliate earnings do not exceed R1811 in a given month, payment will be deferred to the following month upon crossing the threshold.

For South African affiliates, payment will be initiated once funds are received and cleared in our bank account. You will be notified via email, and payment will be processed according to your specified bank details. The name on your Affiliate application must match the name and identity number associated with your bank account.

Customer Definition

Customers purchasing products through this Affiliate Program will be considered our customers. Consequently, all our rules, policies, and operating procedures concerning customer orders, service, and product sales will apply to them. We reserve the right to amend our policies and operating procedures at any time, including determining product prices and availability.

Your Responsibilities

You are solely responsible for your site's development, operation, and content, as well as all materials displayed on it. This includes ensuring compliance with any agreements with third parties hosting your site, as well as the accuracy, legality, and appropriateness of all content and materials posted.

You must ensure that your site and associated materials do not violate any third-party rights, including copyrights, trademarks, or privacy rights, and do not contain libelous or illegal content. Additionally, your site must accurately disclose data collection and usage practices, including the use of cookies by third parties.

You warrant that you will not do anything or allow any act to be done which does or is reasonably and foresee-ably likely to prejudice the good name and reputation of the Website or Kathy Harding.

You understand that your personal information will be processed by Kathy Harding in accordance with its privacy policy and other data compliance policies which are incorporated herein by reference.

Compliance with Laws

As a Program participant, you agree to comply with all applicable laws and regulations governing your activities, including but not limited to the Protection of Personal Information Act 4 of 2013 (“POPIA”).

Intellectual Property

All website layout, content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licensed, as the case may be) by Kathy Harding, our shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website or Kathy Harding are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.

We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Website, or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).

Tax Status and Obligations

We do not provide tax or legal advice and are not responsible for assessing your tax status or obligations. It is your responsibility to independently assess and comply with all relevant tax and legal requirements, including sales tax collection and reporting obligations arising from sales made via your Affiliate Link.

Term of the Agreement and Program

These Terms become effective upon our acceptance of your Program application and remains in effect until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by providing written notice. Upon termination, you must cease all use of Website links and materials provided through the Program.

Termination

  • We reserve the right to suspend or terminate your account and refuse service at our discretion at any time should we believe you have violated these Terms.
  • Termination may result in the forfeiture of earned commissions if they were obtained through fraudulent or misleading methods.
  • Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.

Relationship of Parties

We are independent contractors, and nothing in this Agreement establishes a partnership, joint venture, or employment relationship of any kind. You have no authority to make offers or representations on our behalf.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages arising from these Terms or the Program. Our total liability under these Terms will not exceed the total referral fees paid or payable to you. You accordingly indemnify and hold harmless Kathy Harding, its shareholders, directors, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Website and/or Program or transactions concluded thereby in any way.

Disclaimers

We make no warranties or representations regarding the Program or products sold through it. We do not guarantee uninterrupted or error-free operation of the Website, and we are not liable for any interruptions or errors that may occur.

Independent Investigation

By agreeing to these Terms, you affirm that you have read and consent to its terms and conditions. You acknowledge that we may solicit customer referrals on different terms or operate websites similar to or competitive with yours. Your decision to participate in the Program is based solely on the terms outlined herein.

Arbitration

Any disputes arising from these Terms will be resolved through confidential arbitration, except for cases involving the violation or threat of violation of our intellectual property rights. Arbitration will be conducted under the rules of the Arbitration Association of Southern Africa. The Arbitrators decision will be binding and enforceable in any court with competent jurisdiction.

Notices

Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

  • in the case of Kathy Harding, at consult@kathyharding.co.za ; or
  • in the case of an Affiliate, at the e-mail, cellphone number, and/or address provided when registering with us.

Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

Miscellaneous

  • These Terms is governed by the law of the Republic of South Africa.
  • You may not assign your rights under these Terms without our prior written consent.
  • Failure to enforce any provision of these Terms does not waive our right to enforce such provision in the future.
  • These Terms constitutes the entire agreement between you and Kathy Harding, superseding any prior agreements.