On behalf of Accessible South Africa (herein after referred to as “the Company”), it gives us great pleasure to invite you to join us as an affiliate of our Company.
CONDITIONS OF CONTRACT
- You will be contracted as an independent affiliate of Accessible Travel South Africa (Pty) Ltd, trading as Accessible South Africa.
- This contract is effective from the date of approval, upon which you will be notified of your successful application, and will continue until this agreement is terminated as set out in clause 4.
- DUTIES & RESPONSIBILITIES
- Your duties are as follows:
- Promote the Accessible South Africa website through your own website, social media and other marketing channels, using your affiliate link as your referral code for tracking sales.
- Engage with service providers who have facilities for guests with disabilities to invite them to list their business in the directory at an annual membership fee, using your affiliate referral link.
- You shall generally use your best endeavors to conduct, administer, improve, extend, develop and protect the business of the Company and to preserve its integrity, ethics, reputation and goodwill.
- Your duties are as follows:
- TERMINATION OF CONTRACT
- It is specifically recorded that this contract with the Company may be terminated at any stage for misconduct, incapacity, misrepresentation of the Company or for any other reason justified in law, subject to compliance with applicable procedures.
- Subject to the Company’s right to terminate this contract without notice in circumstances justifying an immediate termination of agreement, your contract may be terminated either by you or by the Company on giving the following notice in writing:
- week’s notice during your first 6 months of the contract;
- weeks’ notice during the next 6 months of the contract;
- month’s notice after your first year of contract.
- The affiliate shall be paid by bank transfer on the last working day of every month subject to successful sales concluded during the month up until and including date of payment.
- The affiliate’s remuneration package will consist of the following:
- R300 per establishment listed in the directory and paid in full as a direct sale made by the representative.
- Categories that are eligible for referral commission include Accommodation, Activities, Restaurants, Transport, Equipment Suppliers & Tour Operators.
- Categories that are not eligible for referral commission include Events and Public Places that are not required to pay an annual membership fee.
- The affiliate remuneration package shall be reviewed by the Company once a year on the anniversary of the contract, or after the first 50 sales, whichever occurs first.
- OTHER ACTIVITIES
- The nature of this affiliate agreement is such that there is no requirement that a representative may not be employed elsewhere whilst representing the Company.
- While in contract with the Company, you shall not be engaged or take part, directly or indirectly, whether as an employee or in any other capacity, in any other business where there is conflict of interest or direct competition.
- COMPANY PROPERTY
- All Company catalogues, correspondence, letters, memoranda, note books, order books, customer lists, price lists, documents, papers, goods, samples, equipment and any other articles of any kind whatsoever, that may have been given to an affiliate to assist with information or marketing purposes, will belong to and remain the property of the Company, at which time you will deliver to the Company all such items in your possession with the assurance that no such articles remain in your possession.
- Upon termination of your contract, all documents and materials pertaining to confidential information or other information described in clause 9 below, in whatever material medium such Company information exists, shall be returned to the Company. Furthermore, upon termination of your employment, you are obliged to delete and remove any Company information, from any computer onto which you may have loaded such Company information and you are obliged to destroy any copies, backups or documents reflecting any of the Company information, after you have ensured that a copy of this Company information exists on a computer system of the Company or is available to the Company in electronic, or where applicable, in written form.
- You shall not, either during the continuance of your contract or thereafter, except in the proper course of your role, divulge to any person or use to the detriment or prejudice of the Company any information of a confidential nature acquired by you during the course of your contract with the Company. “Confidential Information” shall include but shall not be limited to the Company’s trade secrets, products, new developments, business methods and techniques; all discoveries, inventions, devices, improvements, machines and processes; the Company’s source code, software file layouts, and secret passwords; the identity of the Company’s actual and prospective clients and/or customers and/or suppliers and details of its business arrangements with them; and/or Company results.
- CONFLICT OF INTEREST
- A representative of the Company is expected to devote attention and resources to the promotion of the business of the Company. In determining if any outside interest or association a representative may have conflicts with the business conducted by the Company or with the services expected from the representative, it is necessary to assess what impact such interest or association might have either on the business of the Company or your ability to perform the service for which you have been recruited. Should a conflict of interest presently exist or arise in the future, this must be disclosed in writing.
- As an independent representative, the Company is not responsible for deducting tax in respect of PAYE or UIF and you are therefore responsible for submitting tax returns in respect of income earned through referral commission.
- This agreement shall, for all purposes, be construed in accordance with the laws of the Republic of South Africa and each of the parties hereby submits itself to the jurisdiction of the South African courts in respect of any legal proceedings which may be instituted in connection with this agreement. If there is any change in legislation governing your conditions of this contract, it will take precedence over the appropriate clauses in this letter.
Electronic Signatures: You acknowledge and agree that by clicking acceptance of the terms and conditions and acceptance of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PLATFORM.
You hereby waive any rights or requirements under any applicable statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
The relationship of the Parties is that of independent affiliates and this Agreement does not create any association, partnership, joint venture or agency relationship between them. Neither Party shall have the power to bind the other or to create a liability against the other in any way.
- DECLARATION By completing an affiliate application I confirm that I have read all the terms and conditions of this agreement and I hereby acknowledge that I accept and understand them in full. I also understand that policies and procedures currently in place at the Company govern my contract. Variations and amendments thereto may be made from time to time by management or legislation. On commencement of this contract I undertake to familiarize myself with the Company’s policies, procedures and codes of conduct.
We take this opportunity to welcome you to our team and look forward to working with you to promote universal access in tourism and encourage service providers on this journey.