This policy, including its terms and conditions, (referred to as “Affiliate Policy or “Affiliate Terms”) are an addition to the General Terms and Conditions (referred to as “General Terms and Conditions” for this Website, and should be read in conjunction with such terms.
This policy is only applicable to members who have signed up to become affiliates (referred to as “Affiliates” or “Affiliate”) in order to promote this Website, including all information, tools, articles, resources, materials, services, events, and products (referred to as “Services”), and in exchange earn a commission on applicable items.
In the event that any terms and conditions specified in this policy conflicts with any specified within the General Terms and Conditions, then the terms within this policy will take precedence.
By signing up to become an Affiliate, you automatically agree to be bound by the following terms and conditions of this Affiliate Policy as well as the General Terms and Conditions, including those additional terms and conditions, and policies referenced herein and/or available by hyperlink.
This Affiliate Policy applies to all registered Affiliates of the site.
The name of the Affiliate program is the IntrinsiCurly Me Affiliate Program (referred to as “Affiliate Program”).
If you do not agree to all the Affiliate Policy terms and conditions, then you should immediate stop sharing any referrals and contact us at email@example.com to cancel your Affiliate account.
You can review the most current version of the Affiliate Policy at any time on this page.
We reserve the right to update, change or replace any part of the Affiliate Policy by posting updates and/or changes to our Website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
You will receive a commission as defined in this policy in exchange for promoting and/or referring potential clients to our website and having those referrals purchase something.
Both parties agree to act in a professional, honest, and ethical manner at all times.
Both parties agree that they are entering into this agreement of their own free will, with full understanding of the terms of this Affiliate Policy.
Section 1 – Registration
Upon registration as an Affiliate, you voluntary associate yourself with IntrinsiCurly Me.
You understand that upon registration as an Affiliate, your application will be reviewed by IntrinsiCurly Me and may be accepted or rejected at our sole discretion.
You understand that upon acceptance of your application as an Affiliate, you will receive access to the Affiliate Area to manage and monitor your links, referrals, commissions, pay-outs, etc under your profile and/or account.
Section 2 – Affiliate
You voluntary associate yourself with IntrinsiCurly Me upon becoming an Affiliate.
You understand that as an Affiliate you are expected to promote IntrinsiCurly Me Services through your network, social media, and other means available to you.
You understand that as an Affiliate you may use our logo or other creative material available to Affiliates on your website and/or social media platforms, profiles, pages, and/or groups using your links generated in the Affiliate Area of your profile, so long as such links are director to our Website and/or Services.
You understand that as an Affiliate you are independent from IntrinsiCurly Me and therefore not an employee or contractor to IntrinsiCurly Me, and therefore waive any rights to such.
You understand that as an Affiliate you will only earn commission on any of your referrals that purchase any of our Services subject to the terms of this Affiliate Policy.
You understand that you have the right to choose which Services and/or links you wish to share and promote.
You understand are required to provide at least 1 (one) new customer referral each month (30 day period) in order to keep your Affiliate account active and avoid termination as per the Termination clauses of this Affiliate Policy.
You understand that other Affiliates are also active and promoting their Affiliate links.
Section 3 – Referrals
You understand that certain products on our website are once of purchases and others might be subscription based (see the clause Reoccurring Referrals for more information on subscription-based earnings).
You will earn a commission on each payment made, processed, and cleared by your referral customer, as per the Commissions clause of this Affiliate Policy.
You understand that the referral visitor/customer will be linked to the Affiliate whose link such referral visitor/customer clicks first to go to our Website.
Section 4 – Reoccurring Referrals
We currently do not have any subscription-based Services. Should this change you will be notified.
Section 5 – Third Parties
You understand that as an Affiliate you will not earn a commission on any Services that are provided by third-parties, or links to third-party websites, or third-party products listed on our Website.
Section 6 – Non-Referrals
You understand that any visitor/customer that makes a purchase through our site, that did not reach our site through a link of yours, or after expiry of any cookies linking you to that visitor/customer, is deemed to be our direct customer.
You understand that you have no claim to commission on visitors/customers accessing our site as specified above.
Section 7 – Commissions
You understand that as an Affiliate you will earn a commission on each purchase any of your referral customers make on the Website excluding:
- Any discounts the referral customer may receive.
- Any Taxes.
- Any Delivery Fees.
This will be referred to as the “Gross Sales Price”.
Commissions earnings on the Gross Sales Price are as follows based on the Provider:
Provider / Products
We have also implemented a sliding scale commission structure that allows you to earn a high commission rate based on the totals sales per month made by your referral customers.
These commissions are laid out as follows:
R1 – R5,000
R5,001 – R10,000
If at any time you are unsure of whether or not you will earn a commission on any Services, please do not hesitate to contact us at firstname.lastname@example.org to query.
You understand that if your referral customer uses/or purchases any Services using a discount code, promotion, general discount, points, or other means to discount/reduce the cost of the Service/s he/she is purchasing, that you will only get paid on the Gross Sales Price, paid, processed and cleared by your referral to IntrinsiCurly Me.
You therefore confirm that you understand that you get paid on the Gross Sales Price paid to IntrinsiCurly Me, and not on the listed sales amount, in the event that your referral uses a discount code, promotion, general discount, points, or other means to discount/reduce the cost of the Service.
We are not responsible for the failure to assign any commissions to you if it results from improper formatting and/or use of your link. It is your responsibility to ensure you use the correct links generated for you in the Affiliate area of your profile.
We reserve the right to change commissions at any time, overall, per product, or per Affiliate, at our discretion. We will send out a communication in this regard should any changes to commission structure occur.
Section 8 – Customer Refunds
In the event of a customer refund, any commission earned from the customer’s initial purchase will be deducted from your commission account.
Section 9 – Duration
Your Affiliate membership will continue until it is cancelled/terminated by either yourself, or by us.
Cookies are valid for 60 days. This means that any person clicking on your referral link will be linked to you as a visitor for a period of 60 days only, and thereafter the link will be removed, unless your referral visitor becomes a customer.
You understand that once the referral visitor buys Services using your link, that he/she then becomes a referral customer that will then be linked to your Affiliate ID, regardless of whether they use another browser or clear their browser cookies.
You understand that any customer linked to your Affiliate ID will only remain linked to you for 6-Months. This means you can earn commission per customer for up to 6 months only.
You understand that in the event that your referral customer clears any cookies on his/her machine, or the Cookie period expires, before purchasing any Services on the Website, that we have no way of linking that potential customer to you in the future, and therefore we are unable to pay any commissions should they decide to purchase anything after clearing their browser cookies or the cookie expiring. You confirm you have no claim for commission in this regard.
In the event that your referral customer purchases a subscription-based Service, you will earn a commission on each payment made based on the Gross Sales Price, processed, and cleared by your referral customer, for up to 6 months.
In the event that your referral customer cancels, stops or misses a payment on any subscription service, your commission earnings on that subscription will end.
You understand that for non-subscription based Services you earn commission per purchase on the Gross Sales Price by that customer for up to 6 months.
Section 10 – Payouts
You understand that we provide several pay-out options as listed below:
- PayPal (requires a PayPal account)
- You have set your default payment method to PayPal.
- Minimum amount available in payable commission in your Affiliate account is no less than $100.
- Payment from your referral customer has been made, cleared and processed by IntrinsiCurly Me.
- Bank Transfer (requires you to enter your bank details in your profile under settings)
- You have set your default payment method to Bank Transfer.
- Minimum amount available in payable commission in your Affiliate account is no less than R500.
- Payment from your referral customer has been made, cleared and processed by IntrinsiCurly Me.
Once payment is made via bank transfer, you can expect such funds to clear between 24-72hrs depending on the financial institution you bank with due to clearance delays at your bank.
- Store Discount Coupon (can be used by you against your next purchase)
- You have set your default payment method to Store Discount Coupon.
- Minimum amount available in payable commission in your Affiliate account is no less than R100.
- Payment from your referral customer has been made, cleared and processed by IntrinsiCurly Me.
You understand that it is your responsibility to pick the appropriate payment method from the Setting menu in your Affiliate Dashboard, and you understand that Upstart Entrepreneur cannot accept liability in any form whatsoever for non-payment or incorrect payment due to you either:
- Not selecting a payment method.
- Selecting the incorrect payment method option.
- Inputting incorrect payment method details.
- Not inputting any payment method details.
You understand that payment made to the wrong person or account, or using the wrong method, as a result of the above, is solely your responsibility and any commission/s lost as a result of such error is solely your responsibility and cannot be claimed from Upstart Entrepreneur.
Section 11 – Affiliate Network Marketing
This section is exclusively for IntrinsiCurly Me authorised Sales Persons.
You understand that we provide a multi-level marketing service (referred to as “MLM” or “Affiliate Network Marketing”), and as such you have the option to earn commission off salons and/or affiliates you have signed up in your network which is based on purchases made by their referral visitors/customers.
You understand that we provide 1 LEVEL of network marketing. This means that you will only earn commission off the earnings of your first level of salons.
You understand that you will earn a 10% commission on the gross sales value made by your salons and/or affiliates referral customers.
The following example is based on a 10% standard sales rep commission fee on a R100 order value:
IntrinsiCurly Me reserves the right to suspend and change the commission percentages of our Network Marketing Platform at any stage, at our discretion.
Section 12 – Financial Responsibilities
You understand that you will be fully responsible for all costs and expenses of maintaining and marketing your Affiliate links/profile to your network, including but not limited to all costs associated with the creations, hosting, modification, and improvements of your own website and/or social media profiles/pages, costs of search engine placement and other Internet marketing, costs of inserting our links into your website and/or social media profiles/pages, offline marketing costs, postage costs, and any/all other costs and expenses you might incur, if applicable in marketing IntrinsiCurly Me and our Services to your network.
You understand that by becoming an Affiliate you cannot hold us liable for any costs you incur to market yourself, your affiliate links/profile, and/or our Services.
Section 13 – Taxes
You understand that as specified in the Commission clause of this agreement, that all commission are based on the price excluding sales tax and delivery fees (if applicable).
You understand that we are not liable to register, declare, deduct, or pay your personal or company income tax, and you confirm that we are not liable for such.
You understand that as an affiliate, you are NOT a full-time, part-time or temporary employee, or independent contractor of IntrinsiCurly Me in any way, sense or form, and have no claim relating to such.
Declaring any income earned from us from our Affiliate Program is your responsibility, and IntrinsiCurly Me hold no liability for such.
Section 14 – Income Potential
You understand that we make no representations and warranties regarding potential income that may result from your participation in this Affiliate Program.
We therefore do not guarantee any minimum or maximum earning potential or income.
Section 15 – Creatives
You will be provided access to a creative area within the Affiliates Area on the Website, where you may, at your discretion access any creatives we have made available which may include logos, banners, advertisements, promotional media, etc (referred to as “media” or “materials”).
You understand that all these Materials are trademarks and propriety property of IntrinsiCurly Me and may not be used or distributed for any other purpose as intended as an Affiliate of IntrinsiCurly Me, nor may any of our Material or Media provided be modified, resized, reproduced, edited in any way without our express permission and approval.
We reserve the right to ask you to remove any Materials and/or Media you may be using should we find that such Materials and/or Media does not adhere to our standards, or upon termination of the agreement, at our discretion.
IntrinsiCurly Me does not guarantee that all creatives will be up-to-date, but will endeavour to ensure that the relevant Materials are available to you to promote both us and yourself.
If you require any creatives that are not available in the creatives section of the Affiliates area, please contact us at email@example.com so we may try to assist you, if possible.
Section 16 – Trademarks And Copyrights
You understand that you will have a non-exclusive, limited term license to use the trademarks, logos, and copyrighted material provided by IntrinsiCurly Me for use solely on the places specified in your application.
You understand that you may only use the Media and/or Materials that we specifically make available to Affiliates in the Affiliate Area of the Website
The license so granted is subject to complete compliance with all terms and conditions of this Agreement and any policies we may create and amend from time to time regarding the Affiliate Program.
Section 17 – Customer Service
We, IntrinsiCurly Me, will be responsible for handling all your referral visitor/customer inquiries, orders, purchases, billing, usage, delivery, and collection of our Services or Website.
We cannot guarantee delivery of the Services we provide or guarantee that there will not be any returns and/or refunds from or due to customers.
Section 18 – Reports
You have access to various statistics, graphs, list of referral, pay-outs, and visits in your Affiliate area on your profile.
Section 19 – Disputes
In the event of a dispute, please contact us at firstname.lastname@example.org with a detailed description of the dispute, so we may attempt to resolve it for you.
IntrinsiCurly Me reserves the right to reject any dispute at their discretion.
Both parties commit to resolving any dispute arising within 7 (seven) days of logging such dispute.
In the event that neither party comes to an agreement, the aggrieved party may at their discretion refer the matter for arbitration, with an arbitrator located in Johannesburg North, Gauteng, South Africa.
Failing resolution at an arbitrator, the aggrieved party may initiate legal actions against the other party at a court located in Johannesburg North, Gauteng, South Africa.
Section 20 – Reasons For Rejection / Termination
Without limiting the right to reject any application for any reason whatsoever at IntrinsiCurly Me’s absolute discretion, your Affiliate application or Affiliate status will be rejected if:
- The application is not complete.
- You profile on our Website is not marked as 100% complete.
- If your website or social media profiles/pages contains images or content that is not acceptable to us or is inconsistent with the image that we wish to create in association with our brand.
- If your website or social media profiles/pages contain any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, and/or religious preference.
- If your website or social media profiles/pages contains any material that appears to us to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.
- If you in any way damage or are seen to potentially cause damage to the image of our brand through unsolicited emails (spam), posts, comments, or any other method of communication and/or advertising on any platform, digital or otherwise.
- If you profile is inactive and have received no new referrals in a 30-day period.
Section 21 – Termination
You may terminate your Affiliate membership at any time by contacting us at email@example.com, requesting immediate cancellation.
Any commissions owned to you up to the date of termination shall be paid to you by the next payment run.
You understand that IntrinsiCurly Me reserves the right to at any time rescind or terminate your Affiliate status for any reason at their absolute discretion, including but not limited to the reasons set forth in the Reasons For Rejection clause of this Affiliate Policy.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Affiliate Policy, we also may terminate this agreement at any time without notice.
Upon you terminating your Affiliate account, or upon us terminating it for whatever reason, you will cease receiving any commissions from any of your referral visitors/customers, past, present and future as of the date of termination/account closure.
You hereby forfeit your right to any claim on future commissions you may have earned from any past, present and future referral visitors/customers.
Upon termination you will also lose access to all resources, materials, media, newsletters, tips, etc that you may be receiving or have received as an Affiliate.
Section 22 – Limitation Of Liability
In no case shall IntrinsiCurly Me, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our Services or Affiliate Program, or for any other claim related in any way to your use of the our Services or referral of such Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the our Services or Affiliate Program, or any content, or Services posted, transmitted, or otherwise made available via the website, even if advised of their possibility.
Because some countries and states do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 23 – Electronic Communications And Recordings
You understand and acknowledges that in terms of the regulation of interception of communication and provision of communication related information act, we are entitled to and do hereby reserve the right to intercept, monitor, read, filter, block or take action in respect of any communication made, transferred, or stored belonging to IntrinsiCurly Me or relating to the Affiliate Program and any communications between you and ourselves.
You understand that any agreement made or entered into by email, message or by electronic signature between you and IntrinsiCurly Me will be deemed legally binding.
You understand that any calls, video conferences, meetings, emails or messages between the yourself and IntrinsiCurly Me may be recorded for reference purposes and may be used should any dispute arise.
By become an Affiliate, you give IntrinsiCurly Me full permission to take such actions as specified in this section, at their discretion.