Affiliate Programme Terms

1.1These terms govern the Tenders-SA Affiliate Programme ("the Programme") between Custom Logic SA Pty LTD (Registration Number: 2024/853353/07) ("Tenders-SA", "we", "us") and the business or person enrolled in the Programme ("the Affiliate", "you").

1.2By accepting these terms in your Tenders-SA dashboard, sharing your affiliate link, or receiving a payout, you agree to be bound by them.

1.3In these terms: a Referred Customer is a person who creates a new Tenders-SA account through your affiliate link within the attribution period; a Qualifying Invoice is the first subscription invoice that Referred Customer actually pays; Commission is the amount payable to you under clause 4.

2.1You are an independent participant in the Programme. You are not an employee, agent, partner, joint venturer, official reseller, distributor or representative of Tenders-SA, and nothing in these terms creates any of those relationships.

2.2You have no authority to bind Tenders-SA, to make representations, warranties, promises or commitments on our behalf, to negotiate or vary pricing, to accept money on our behalf, or to hold yourself out as speaking for us.

2.3You must not describe yourself as a Tenders-SA employee, agent, partner, official reseller, distributor or authorised representative in any promotion, profile, signature, advertisement or conversation.

2.4You are responsible for your own business costs, equipment, staff and taxes. Nothing in these terms constitutes a contract of employment, and no remuneration, leave, benefit or contribution obligation arises between us.

2.5You are responsible for the conduct of anyone who promotes on your behalf. Their acts and omissions are treated as yours.

3.1You must hold a valid Tenders-SA account with an associated company profile.

3.2You must be at least 18 years old and legally capable of contracting.

3.3The Programme is open to all Tenders-SA customers. We may decline, suspend or terminate participation under clause 12.

3.4One affiliate account per company. Creating additional accounts to increase Commission is prohibited under clause 9.

3.5You must give accurate registration and payout information and keep it current. We may withhold a payout where the information we hold is inaccurate, incomplete or unverifiable.

4.1You earn Commission of 50% of the amount actually paid on a Referred Customer’s Qualifying Invoice.

4.2Commission is calculated on the amount actually received after any discount, credit, promotion or adjustment — not on the list price of the plan.

4.3Commission is earned once per Referred Customer. The following do not generate any further Commission: subscription renewals; upgrades, downgrades or plan changes after the first paid invoice; add-ons, bundles, credits or one-off purchases; any later invoice of any kind.

4.4A free registration is recorded as a signup but earns no Commission until that Referred Customer pays their first subscription invoice.

4.5Commission accrues only where the payment is verified as received and settled through our payment processor. Commission is never calculated from browser activity, self-reported figures or amounts you supply.

4.6Commission is stated and paid in South African Rand (ZAR).

4.7We may vary the Commission rate or the payout threshold prospectively under clause 13. A variation does not affect Commission already earned.

5.1A Referred Customer is attributed to you when they open your affiliate link and then register a new account within 30 days.

5.2The first valid attribution wins. If a person has already been attributed to another affiliate, a later link does not displace that attribution.

5.3Existing Tenders-SA users cannot be claimed. Attribution applies only to accounts created after the referral.

5.4One Referred Customer may be attributed to only one Affiliate.

5.5Attribution depends on the visitor’s browser retaining the referral for the attribution period. Attribution can legitimately fail — for example where the visitor clears their browser data, uses a different device or browser, or registers after the attribution period. We do not guarantee that every person you refer will be attributed to you, and a failure of attribution does not create a claim for Commission.

5.6An invalid, expired, tampered or disabled referral creates no attribution.

6.1When a Referred Customer pays their Qualifying Invoice, Commission is recorded as pending.

6.2Pending Commission becomes payable after seven (7) days, provided the payment has not been refunded, reversed or disputed in that period.

6.3If the Qualifying Invoice is refunded, charged back, disputed or otherwise reversed, the related Commission is voided and is not payable.

6.4Where a reversal occurs after Commission has been paid to you, we may recover that amount by set-off against Commission subsequently payable to you, or recover it as a debt.

6.5We may withhold or void Commission where we reasonably suspect fraud, manipulation or a breach of clause 9, pending investigation.

7.1Commission becomes eligible for payout once your total payable balance reaches R1,000 (one thousand Rand) or more.

7.2Payouts are processed manually by Tenders-SA, monthly in arrears.

7.3Before a payout we may require: confirmation of your banking details in the name of the enrolled entity; your VAT registration number and a valid tax invoice, if you are a VAT vendor; and proof of identity or business registration for verification purposes.

7.4We record a payout reference against each settled Commission. That reference is your record of payment.

7.5We do not pay interest on any balance, whether pending, payable or unpaid.

7.6Where your payable balance remains below the threshold, it is carried forward. It is not forfeited by the passage of time alone, but see clause 12.4 on termination.

7.7Bank charges levied on the payment are for your account.

8.1You are solely responsible for your own tax. Commission is paid gross.

8.2You are responsible for declaring Commission as income to the South African Revenue Service and for any income tax, provisional tax or other liability arising from it.

8.3If you are a registered VAT vendor, the Commission is treated as consideration for a taxable supply of services made by you to Tenders-SA, and you must issue a valid tax invoice complying with section 20 of the Value-Added Tax Act 89 of 1991. Where you are not a VAT vendor, no VAT is payable and none may be charged.

8.4It is your responsibility to monitor whether your total taxable supplies oblige you to register for VAT, and to register where required.

8.5If we are ever required by law to withhold or deduct any amount from a payment to you, we may do so and will pay only the net amount.

8.6You indemnify us against any liability, penalty or interest arising from your failure to meet your tax obligations.

9.1You must not refer yourself, or refer any account controlled by you, your business, your employees or your immediate family, in order to earn Commission on your own subscription.

9.2You must not create, or induce the creation of, duplicate, fabricated, automated or fictitious accounts.

9.3You must not use any device, script, bot, incentive or scheme intended to generate signups that do not represent a genuine business interest in Tenders-SA.

9.4You must not pay, rebate, or offer to pay or rebate any part of the subscription price to a Referred Customer, or otherwise offer an inducement to register, unless we have agreed in writing.

9.5You must not attempt to interfere with, overwrite or reassign the attribution of another affiliate.

9.6You must not complete registration or payment on behalf of a Referred Customer, or use their personal information to do so.

9.7You must not misrepresent the volume, source or quality of your referrals.

9.8Commission arising from any conduct in this clause is void, and clause 12 applies.

10.1You must not send unsolicited commercial communications. Any electronic marketing you send must comply with section 45 of the Electronic Communications and Transactions Act 25 of 2002, section 11 of the Consumer Protection Act 68 of 2008 and section 69 of the Protection of Personal Information Act 4 of 2013, must identify you as the sender, and must offer a working opt-out.

10.2You must not post your affiliate link as spam, including on forums, comment sections, social media replies, review sites or messaging groups where promotional content is unwelcome or prohibited by the platform.

10.3You must not make any false, exaggerated or misleading claim about Tenders-SA, including about tender outcomes, win rates, guaranteed contracts, government endorsement, data completeness or the results any customer will achieve.

10.4You must not state or imply that Tenders-SA guarantees a tender award, a contract, a specific result or any particular return.

10.5You must not state or imply that Tenders-SA is a government body, is endorsed by, affiliated with, or acting for any organ of state, or that a subscription confers any preference in a procurement process.

10.6You must not impersonate Tenders-SA, create any website, page, profile, application or communication that a reasonable person could mistake for an official Tenders-SA property, or register any domain, handle or business name containing "Tenders-SA" or a confusingly similar variation.

10.7You must not promise pricing, discounts, features, service levels, refunds or support that we have not published.

10.8You must not promote Tenders-SA alongside content that is unlawful, discriminatory, obscene, defamatory, or that infringes another party’s rights.

10.9You must not promote in a way that breaches the rules of any platform you use.

11.1Paid search. You must not bid on, or use as a keyword, "Tenders-SA", "Tenders SA", "tenders-sa.org", or any misspelling or close variation, in any paid search or paid social campaign. Bidding on generic tender-related terms is permitted.

11.2You must not use our name or trade marks in the display URL, headline or path of any paid advertisement.

11.3You must not direct paid traffic to a page that mimics our website, or through a redirect that conceals the destination.

11.4Coupon and deal sites. You must not publish, distribute or imply the existence of any Tenders-SA discount code, coupon, voucher or promotional offer that we have not issued to you in writing. Listing on coupon or deal aggregators is permitted only where the listing is accurate and does not fabricate an offer.

11.5Email and cold outreach. Any outreach must comply with clause 10.1. Where you send invitations using a Tenders-SA feature provided for that purpose, you must have an existing relationship with the recipient and must honour every opt-out.

11.6You must not use our name or trade marks in a way that suggests an official partnership, reseller arrangement, accreditation or authorisation.

12.1Either party may leave the Programme at any time on written notice.

12.2We may suspend or terminate your participation immediately where we reasonably believe you have breached these terms, where your conduct risks harm to our customers, brand, deliverability or legal position, or where required by law.

12.3On suspension your affiliate link stops accepting new signups. Commission already payable remains payable, unless clause 12.4 applies.

12.4Where participation is terminated for a breach of clause 9, 10 or 11, we may withhold and void any Commission that is pending or payable and has not yet been paid, and may recover Commission already paid that arose from the breach.

12.5Termination does not affect a Referred Customer’s own subscription, which continues under their own agreement with us.

12.6Clauses 2, 6.4, 8, 12.4, 14 and 15 survive termination.

13.1We may amend these terms, the Commission rate, the payout threshold, the confirmation period or any Programme rule prospectively.

13.2An amendment takes effect when published, and we will require you to accept the current version before you continue sharing your affiliate link or receive a further payout.

13.3An amendment does not reduce Commission that was already payable before it took effect.

13.4We may discontinue the Programme on 30 days’ notice. Commission earned before discontinuation remains payable in accordance with clause 7, including where the balance is below the threshold at that point.

14.1Both parties must comply with the Protection of Personal Information Act 4 of 2013 (POPIA).

14.2We do not disclose the identity of your Referred Customers to you. Your reporting shows counts, statuses, dates and amounts. It does not show names, email addresses, company details or any other personal information of a Referred Customer.

14.3You must not attempt to identify, contact, profile or collect personal information about a Referred Customer through the Programme, or infer their identity from your reporting.

14.4Where you supply us with the personal information of a third party — for example a contact list used with an invitation feature — you warrant that you have a lawful basis to do so and that the information was lawfully obtained. You indemnify us against any claim arising from a breach of that warranty.

14.5In respect of contact information you supply, you are the responsible party and we act as operator, processing it only to send the communication you requested and to honour opt-outs.

14.6We process your own information in accordance with our Privacy Policy.

15.1Liability. To the extent permitted by law, our total liability arising from the Programme is limited to the Commission payable to you in the three months preceding the claim. We are not liable for loss of profit, loss of opportunity, or indirect or consequential loss.

15.2No exclusivity. The Programme is non-exclusive. Nothing prevents us from marketing directly to, or contracting with, anyone, including a person you have referred.

15.3No guarantee of earnings. Any estimate, projection or forecast shown in your dashboard is an illustration based on your own past activity. It is not a promise, representation or guarantee of future earnings.

15.4Cession. You may not cede or assign your rights under these terms without our written consent. We may cede ours on notice.

15.5Whole agreement. These terms, together with our Terms of Service and Privacy Policy, are the whole agreement between us in respect of the Programme. Where these terms conflict with our general Terms of Service in respect of the Programme, these terms prevail.

15.6Severability. If a provision is found invalid or unenforceable, it is severed and the rest remains in force.

15.7No waiver. Our failure to enforce a provision is not a waiver of it.

15.8Governing law. These terms are governed by the law of the Republic of South Africa.

15.9Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court having jurisdiction over you, notwithstanding that the claim may exceed its monetary limit, without prejudice to our right to institute proceedings in a High Court.

15.10Disputes. Raise a dispute in writing to [email protected] within 60 days of the event. We will respond within 10 business days. Neither party may institute proceedings before completing this step, except for urgent relief.

15.11Domicilium. Our address for the service of legal process is Managa Complex, Shoprite USave Street, Thohoyandou, Limpopo, 0950. Yours is the address on your account.

15.11Notices. Routine notices may be given by email to the address on your account, or by publication in your dashboard.