Affiliate Policy

Affiliate Policy

General

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.

Introduction

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 Kaalfööt 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 kaalfootkicks@gmail.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.

Account Registration

Upon registration as an Affiliate, you voluntary associate yourself with Kaalfööt.

You understand that upon registration as an Affiliate, your application will be reviewed by Kaalfööt 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.

You understand that as an Affiliate you are an independent contractor and not employed by Kaalfööt.

Affiliate

You voluntary associate yourself with Kaalfööt upon becoming an Affiliate.

You understand that as an Affiliate you are expected to promote Kaalfööt 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 directed to our Website at www.kaalfoot.co.za.

You understand that as an Affiliate you are independent from Kaalfööt and therefore not an employee or contractor to Kaalfööt, 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 that you are required to provide at least 1 (one) new customer referral every 3 months (90 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.

Referrals

Commissions are only valid for referring customers and not for own purchases, or purchases by your spouse, and we reserve the right to reject such commission payments.

You understand that all orders are reviewed prior to being approved for commission.

You understand that our Services on our website are once off purchases.

You understand referrals apply to first time purchases only

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.

Sharing your affiliate link as a comment or reply to a comment, on any post, story, reel, or ad, posted and/or published by Kaalfööt, across any platform, is strictly prohibited. Self promotion on Kaalfööt posted and/or published content or any Kaalfööt profiles, pages or groups is strictly prohibited and will be removed, and could lead to a termination of your affiliate status at our discretion.

Reoccurring Referrals

We currently do not have any subscription-based Services. Should this change you will be notified.

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 Services listed on our Website.

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.

Affiliate Customer Discount Coupon

You understand that we do not issue coupon codes for first time purchase or for affiliates to attract clients.

Commissions

You understand that no commissions will be earned for in-store purchases and that commission can only be earned by customers that click through and make purchases via your unique affiliate link.

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:

10% commission on lifetime purchases up to R1,200
15% commission on lifetime purchases between R1,201 – R2,499
20% commission on lifetime purchases over R2,500

Lifetime purchases means on your total sales achieved since joining the Kaalfööt Affiliate Programme.

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 kaalfootkicks@gmail.com 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 Kaalfööt.

You therefore confirm that you understand that you get paid on the Gross Sales Price paid to Kaalfööt, 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 Services.

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 service, or per Affiliate, at our discretion. We will send out a communication in this regard should any changes to commission structure occur.

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.

Duration

Your Affiliate membership will continue until it is cancelled/terminated by either yourself, or by us.

You understand that we use cookies to trace which Affiliate referred which visitor/customer.

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.

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 you can only earn commission on NEW referred customers linked to your Affiliate ID. This means that where a referred customer makes a second purchase through your link, you will not receive commission on that Services purchased through our Website.

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.

Payouts

You understand that we provide a single payout method:

Bank Transfer (requires you to enter your bank details in your profile under settings)

You understand that in order to receive cash pay-outs via bank transfer, you are required to have a South African savings or cheque account.

All payment will be made in South African Rands (ZAR).

All commissions payments are based on the Gross Sales Price.

All payments will be made monthly, on the 7^th day of the month, for the previous month commission earnings, subject to the following conditions:

You have set your default payment method to Bank Transfer.
Minimum amount available in payable commission in your Affiliate account is no less than R250.
Payment from your referral customer has been made, cleared and processed by Kaalfööt.

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.

You understand that it is your responsibility to provide the correct banking details in the Setting menu in your Affiliate Dashboard, and you understand that Kaalfööt cannot accept liability in any form whatsoever for non-payment or incorrect payment due to you either:

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 banking details, 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 Kaalfööt.

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 Kaalfööt 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.

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 Kaalfööt 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 Kaalfööt hold no liability for such.

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.

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 Kaalfööt and may not be used or distributed for any other purpose as intended as an Affiliate of Kaalfööt, 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.

Kaalfööt 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 kaalfootkicks@gmail.com so we may try to assist you, if possible.

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 Kaalfööt 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.

Customer Service

We, Kaalfööt, 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.

Reports

You have access to various statistics, graphs, list of referral, pay-outs, and visits in your Affiliate area on your profile.

Disputes

In the event of a dispute, please contact us at kaalfootkicks@gmail.com with a detailed description of the dispute, so we may attempt to resolve it for you.

Kaalfööt 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.

Reasons for Rejection/Termination

Without limiting the right to reject any application for any reason whatsoever at Kaalfööt 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 90-day period.
You use your affiliate link for own purchases or that of your spouse or family member who lives with you.
Purchases are made in-store, and not on the website.

Termination

You may terminate your Affiliate membership at any time by contacting us at kaalfootkicks@gmail.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 Kaalfööt 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.

Limitations of Liability

In no case shall Kaalfööt, 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

Electronic Communications And Recordings

You understand and acknowledge 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 Kaalfööt 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 Kaalfööt will be deemed legally binding.

You understand that any calls, video conferences, meetings, emails or messages between the yourself and Kaalfööt may be recorded for reference purposes and may be used should any dispute arise.

By become an Affiliate, you give Kaalfööt full permission to take such actions as specified in this section, at their discretion.

Notice

All notices given by you to us must be given to Kaalfööt. At kaalfootkicks@gmail.com. We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(d) impossibility of the use of public or private telecommunications networks;

(e) the acts, decrees, legislation, regulations or restrictions of any government.

Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.