Affiliate Program Agreement
By signing up to be an Affiliate in the Black Diamond Films Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Black Diamond Films reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Effective Date: Acceptance of Affiliate Account
These Affiliate Terms and Conditions (“Agreement”) are entered into between Black Diamond Films, hereinafter referred to as “Black Diamond Films” or “Company,” and the affiliate, hereinafter referred to as “Affiliate” or “You.” This Agreement sets forth the terms and conditions governing your participation in the Black Diamond Films Affiliate Program.
1. Affiliate Program
1.1 Eligibility: To be eligible for participation in the Black Diamond Films Affiliate Program, you must be at least 18 years of age and agree to comply with all applicable laws and regulations. By participating in the Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.
1.2 Affiliate Responsibilities: As an Affiliate, you will promote Black Diamond Films’ products or services through various marketing channels, including but not limited to online advertising, social media, email marketing, and personal referrals. You shall ensure that all promotional activities comply with applicable laws, regulations, and ethical guidelines.
1.3 Affiliate Code and URL: Upon acceptance into the Affiliate Program, Black Diamond Films will provide you with a unique discount code (“Affiliate Code”) and a unique affiliate URL (“Affiliate URL”). You can share the Affiliate Code and URL with potential customers. The Affiliate Code will track the referred customers and attribute sales to your account, while the Affiliate URL will serve as an additional way to track and attribute sales.
1.4 Commission: Black Diamond Films agrees to pay you a commission of 10% of the total purchase amount for each referred customer who completes a purchase using your assigned Affiliate Code or through your Affiliate URL. The commission will be calculated based on the final invoiced amount paid by the referred customer, excluding taxes, shipping, and returns.
2. Commission Payment
2.1 Payment Terms: Black Diamond Films will pay you the commission due within 14 days after the final invoiced amount has been paid by the referred customer. Payment will be made in the currency determined by Black Diamond Films and will be subject to any applicable transaction fees or currency conversion charges.
2.2 Payment Method: You must provide Black Diamond Films with accurate and up-to-date payment details, such as PayPal email address or bank account information, to facilitate commission payments. Black Diamond Films reserves the right to withhold commission payments if incorrect payment information is provided.
2.3 Minimum Threshold: Commission payments will only be made if the total commission due exceeds the minimum threshold set by Black Diamond Films. The current minimum threshold is R1000. If the commission due is below this threshold, the amount will roll over to the next payment cycle until the threshold is reached.
3.1 Termination by Either Party: Either party may terminate this Agreement with written notice to the other party. The recommended notice period for termination is 30 days, unless otherwise required by applicable laws or regulations.
3.2 Termination for Breach: Black Diamond Films reserves the right to terminate this Agreement immediately in the event of a material breach by the Affiliate, including but not limited to fraudulent activities, unauthorized use of intellectual property, or violation of applicable laws or regulations.
4.1 Confidential Information: Both parties acknowledge that during the course of this Agreement, they may have access to confidential information of the other party. Confidential information includes, but is not limited to, trade secrets, customer data, financial information, marketing strategies, and any other non-public information. Both parties agree to maintain the confidentiality of such information and not to disclose it to any third party without the prior written consent of the disclosing party.
5. Governing Law and Jurisdiction
5.1 This Agreement shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of South Africa.