Legal Notices
Affiliate Agreement

To be an authorized affiliate of DigiServ™, you agree to abide by the terms and conditions contained in this agreement.

Please read this agreement carefully before registering and using the DigiServ™ service as an affiliate. By signing up for the DigiServ™ affiliate program, you indicate your acceptance of this agreement and its terms and conditions.

This Agreement contains the complete terms and conditions that apply to your participation as a member of the DigiServ™ Affiliate Program.


  1. Enrolment in this Program. To begin the enrolment process, you will submit a completed Program Application through our web site. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions"). 

  2. Utilizing Links on Your Site. As an affiliate web site of DigiServ™, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may only use the banner advertisements, button links and/or text links to our site (the "Links") as provided by our Affiliate Program, however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due to you hereunder. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, nontransferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting web sites owned, operated or controlled by DigiServ™. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent. 

  3. Commissions. Please refer to our commission payout rate on our affiliate page. The Commission Rate is subject to change from time to time. 

  4. Commission Payment. Commissions due and owing to you under the Program will be paid to you directly by DigiServ™ one time per month: on the 25th day of the month. Payments will be in the form of electronic payment. In order to be paid out, the affiliate's account balance must be equal to or greater than R500. There will be a 90 day hold from the time you generate a sign up, and the time you are eligible to be paid on that sign up. If during the 90 day hold the Referral takes advantage of our 30 day money back guarantee your commission will be forfeited. No commission will be paid for sign up's by you or anyone within your organization. New sign up's must stay a minimum of 90 days for you to have full claim to the affiliate payout. We have the right to subtract the payout fee if a customer requests a refund within this 90 day period.

  5. Responsibility for Your Site. You will be solely responsible for the development, operation and maintenance of your site and for all materials (other than our "Links") that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials (other than our "Links") that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following: 

    1. Unsolicited mass e-mail solicitations, IRC posting or any other form of spamming, including but not limited to, news groups or AOL customers or otherwise violate the anti-spamming policies of DigiServ™ or South African law;
    2. Provide inaccurate or incomplete information to DigiServ™ concerning your identity, address or other required information;
    3. Attempt to cheat, defraud or mislead us in any way;
    4. Misrepresent to the public the terms and conditions of our sites or your sites;
  6. Terms of Agreement. The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or DigiServ™ may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid. 

  7. Modification. We may modify any of the terms and conditions and commission payout rates contained in this Agreement, at any time with or without any notice and at the sole discretion of DigiServ™. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a new agreement on our site, will constitute binding acceptance of the change. 

  8. Relationship of Parties. You and DigiServ™ 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. You are not an agent of the DigiServ™ and DigiServ™ expressly disclaims responsibility for any conduct by you in violation of our terms of agreement. 

  9. Limitation of Liability. We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. 

  10. Disclaimers. We make no express or implied warranties or representations with respect to the Affiliate Program or any DigiServ™ services or other items sold through the Program (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. 

  11. Representations and Warranties. You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide DigiServ™ with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith. 

  12. Indemnification. You hereby agree to indemnify, defend and hold harmless DigiServ™, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site. 

  13. Miscellaneous. Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of South Africa, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. 

  14. You are not permitted to self refer yourself. For instance, if you join our affiliate program and use the link code to sign up for your own personal account, you will not receive your affiliate commission.

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