logo home image
home
How does it work?
Features
Partner Programmes
News
Order Today

head

Associate Agreement

Candor Technologies Associate Network Agreement

This Associate Agreement (hereinafter the Agreement) contains the terms and conditions that apply to an individual's or company's participation in the Candor Technologies Associate Network (the "Associate Network").

  1. DEFINITIONS:

As used in this Agreement,

1.1. "we" means the Candor Technologies Associate Network as operated by Candor Technologies (Pty) Ltd, a company incorporated in terms of the laws of South Africa with its principal place of business in Princess street, Hout Bay Cape Town

1.2. "you" and "Associate" means the applicant in terms of the Associate Network.

1.3. "Associate Network" means the associate's link to the Candor Technologies Associate Network site locatable at www.e-ddition.co.za,

1.4. "Associate website " means the applicants website which will link to the Associate network site at www.e-ddition.co.za

"E-ddition.com orders and products" mean the E-ddition application offered by the Candor Technologies Associate Network, and do not include other personalized products that may be offered on the website by other vendors.

  1. The Associate Network structure
    The Candor Technologies Associate Network is intended for web sites to offer E-ddition to their customers via the E-ddition.com associate network website.

  2. Associate Enrolment
    a.
    To begin the Associate enrolment process, you will review this Agreement and complete the Associate Application at the end of this Agreement. We will evaluate your application and will notify you of your acceptance or rejection. We may reject your application if we determine (using our sole discretion) that your site is unsuitable for the Associate Network for any reason, including, but not limited to, inclusion of content that is in any way promoting illegal activities, violence, sexually explicit materials, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. If we reject your application, you are welcome to reapply to the Associate Network at any time.
    b. You may only enrol one associate account per applicant
    c. As an Associate, you cannot Sponsor yourself.
    d. Once you have become an Associate, you cannot change Sponsors (unless your Sponsor agrees).

  3. Scope of Services
    a.
    The Candor Technologies Assocliate network shall make available, through a hyperlink to its site on the Internet World Wide Web located at www.e-ddition.co.za, its products and services to visitors of the Associate's web site. The Candor Technologies Associate network will add new products as they may be developed.
    b. Candor Technologies shall create, maintain, and manage all aspects of the Associate Network operation, including the software and hardware environment and connections to Internet Providers, subject to the terms of this Agreement.

  4. Licenses
    Candor Technologies grants the Associate, during the term of this Agreement, a royalty-free, non-exclusive license to establish the link(s) between the associate site and the associate network site and to display trade names, trade marks, service marks, products, and logos upon written approval, not to be unreasonably withheld, for the purpose of indicating the location of the links and in connection with the marketing and promotion of the links.

  5. Intellectual property rights
    Candor Technologies owns all rights, title, and interest to the technology and all content that make-up the Associate Network website including any space available for advertising or other independent revenue producing mechanisms.

  6. Promotion
    Associate agrees to generally promote the Candor Technologies Associate Network to its clients and users. All such promotional materials and activities shall be approved by both Candor Technologies and the Associate before being made publicly available.

  7. Restrictions
    You agree to use the links in the exact format we send them to you and not to alter, modify or adapt the links in any manner. You agree not to engage in the practice of "spamming", or otherwise sending out unsolicited emails to any third parties in connection with the Associate Program or acting as a representative or representative of Candor Technologies in any way. Breach of any of the provisions of this clause constitutes a material breach of the agreement.

  8. Order Processing
    Candor Technologies will process orders placed by customers who follow the designated special links from the associate site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfilment. Among other things, we will process payments, cancellations, and returns. We will track sales made to customers who purchase products in the Candor Technologies Associate Network.

  9. Sales and Activity Reports
    To permit accurate tracking, reporting, and commission accrual, you must ensure that the special links between the associate site and the associate network site are properly formatted. Associate activity report may be requested by email: associates@E-ddition.com. If you earn more than R1000.00 in associate commissions, you are entitled to a monthly associate report.

  10. Associate commission and payment
    Candor Technologies will track all unique E-ddition orders placed through the Associate Network site and will pay a commission of the net E-ddition.com orders revenue paid by the third party client, as referred by the associate site value; excluding any applicable taxes, shipping, refunds, reprints, and returns. We will pay referral fees on transactions that are made by a customer who visits our site directly (rather than through a special link from your site), if the customer previously followed a link from your site to ours, by means of a tracking number assigned to that customer.

    The E-ddition.com orders and packages include the E-ddition application offered by the Candor Technologies Associate Network, and do not include any other personalized products that may be offered on the website by other vendors.

    Should an existing associate refer a new Associate client to the Candor Technologies Associate Network, Candor Technologies Associate Network will pay a commission of net E-ddition.com order revenue received by the third party client, excluding any applicable taxes, shipping, refunds, reprints, and returns as generated by that newly referred Associate website.

    Commissions will be paid on a three monthly basis unless the fees payable to you are less than R1000.00, whereupon we will hold those fees until the total commission earned is at least R1000.00 If an order that generated a commission is returned by the customer for whatever reason, we will deduct the corresponding commission from your next payment.

  11. Commencement and duration
    This Agreement will commence upon our acceptance of your Associate Network application and will continue indefinitely. Either party may terminate this Agreement at any time, by giving the other party 30 days written notice of its intention to terminate the agreement. You are only eligible to earn commission fees on sales occurring during the period of the agreement and commission fees earned after the date of termination will remain payable only if the product orders are not cancelled or returned. We may withhold final payment for a period of sixty days from termination to ensure full reconciliation of any amounts still owing to the Associate. Upon termination of this Agreement, Associate agrees to remove their hyperlink to E-ddition.com within five (5) business days.

  12. Modification
    We may modify any of the terms and conditions contained in this Agreement, including percentages for associates and sponsors, at any time and in our sole discretion without notice to the associate, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available commission fees, fee schedules, payment procedures, and Associate Network rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Associate Network following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

  13. Confidentiality and Non-Disclosure
    In the performance of this Agreement, Candor Technologies and Associate may obtain or develop certain information, which is considered by either party to be proprietary and confidential, is designated in written form as confidential, which is not generally known other than by Candor Technologies or Associate, and which provides commercial advantage to Candor Technologies or Associate. Confidential information shall not include information that (a) is now or later becomes generally known to the public (other than as a result of a breach of this Agreement); (b) is independently developed by Candor Technologies or Associate; (c) Candor Technologies or Associate lawfully obtains from any third Party who has lawfully obtained such information; or (d) is later published or generally disclosed to the public by Candor Technologies or Associate. Candor Technologies or Associate shall bear the burden of showing that any of the foregoing exclusions apply to any information or materials. Candor Technologies or Associate shall not, without the other Party's prior written permission, use for any purposes, unless it is in connection with this Agreement, reveal or make available to any person any proprietary or confidential information or trade secrets. Candor Technologies and Associate shall limit access to proprietary information to those employees and agents to whom disclosure is necessary for the performance of this Agreement.

  14. Data Collection and Privacy
    Associate certifies that if Usage Statistics have been collected, it does not reasonably anticipate that the Usage Statistics shall be used as a factor in establishing any consumer's eligibility for (a) credit or insurance used primarily for personal, family, or household purposes, (b) employment purposes, Company and Associate agree that the Usage Statistics are not intended to be a consumer report as used in any legislation or ordinances and that either Party may terminate this Agreement if the Usage Statistics are deemed to be such a consumer report.

  15. Warranties; Disclaimers
    Candor Technologies makes no expressed or implied warranties or representation with respect to the Associate Network or any products sold through the Associate Network (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

  16. Relationship of Parties
    You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

  17. Indemnification
    Each Party agrees to indemnify and hold harmless the other Party and the officers, directors, agents, associates, distributors, franchisees and employees of the other Party from and against any and all actions, causes of action, claims, demands, costs, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or related to the other Party's representations, warranties, or other obligations under this Agreement.

  18. Limitation of Liability
    The Associate hereby indemnifies the Candor Technologies Associate Network against any liability in respect of direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Candor Technologies Associate Network, even if we have been advised of the possibility of such damages.

  19. Governing Law; Arbitration of Disputes
    This agreement shall be deemed to have been made in South Africa and the construction validity and performance of this agreement shall be governed in all respect by the laws of South Africa.

    Any disputes between the parties arising under or relating to this agreement shall be resolved through arbitration, using the English language and subject to the rules and procedures of the Arbitration Foundation of South Africa.

    Any arbitration may be commenced upon the filing by either party of a demand to arbitrate. The award rendered by the arbitrator shall be final and binding upon both parties and shall not be subject to judicial appeal.

    The place of arbitration shall be Cape Town, South Africa.


  20. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE ASSOCIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN IS SET FORTH IN THIS AGREEMENT.