Affiliate Agreement

General

These Terms and Conditions (the “Affiliate Agreement“) govern the Affiliate Program that is made available by The Honey Bee Co. These Terms and Conditions represent the whole agreement and understanding between The Honey Bee Co and the individual or entity who participates in the Affiliate Program (the “Affiliate“, or “you“).

Please read this agreement carefully as it represents a legally binding agreement between you and The Honey Bee Co. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. The Honey Bee Co may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that The Honey Bee Co believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.

We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes.

Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.

1. Account Registration & Terms

You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate account (“account”)

You must be 21 years of age or older to join this Program.

Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you.

You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).

2. Referral Tracking

The Honey Bee Co will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to The Honey Bee Co. The Honey Bee Co will track users who have visited these Referral Links using cookies. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.

The Honey Bee Co is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.

3. Affiliate Fees and Payouts

A referral will become eligible for monetary payout (“Eligible Referral“) at the end of the next calendar month if it meets all of these criteria:

1. The referral is deemed eligible for payout by The Honey Bee Co.
2. The referral’s account remains active and in good standing.
3. The referral’s account has not had any of its payments refunded, charged back or otherwise reversed.

All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default The Honey Bee Co error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:

1. Links to additional products and services offered by The Honey Bee Co.
2. Advertisements for products and services offered by third-parties.
3. An internet search engine interface.

Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.

Payment will be made by EFT against a valid invoice issued by the Affiliate and emailed to [email protected]
The primary currency of The Honey Bee Co is South African Rands. Affiliates are limited to South Africa and delivery within South Africa.

The Affiliate is responsible for providing The Honey Bee Co with the full and accurate details that are required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from its failure to do so.

• Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months. In the event of any activity deemed suspicious by The Honey Bee Co, The Honey Bee Co may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions.
• The Honey Bee Co reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity. Referrals for purchases made through The Honey Bee Co promotional or special offers are not eligible for payout.

4. Advertisements

The Honey Bee Co hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use The Honey Bee Co logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.

The Affiliate may only display advertisements that contain The Honey Bee Co logos or service marks in good taste. The Affiliate may not use The Honey Bee Co logos or service marks in a manner that, in The Honey Bee Co sole discretion, portrays The Honey Bee Co in a negative light.

The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.

The Honey Bee Co may, without prior notice, require the Affiliate to remove or modify any advertisements in The Honey Bee Co’s sole discretion.

5. Termination

The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination.

The Honey Bee Co reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that The Honey Bee Co in its sole discretion, deems to be harmful to its business or any third party.

Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.

6. Relationship of Parties

The Honey Bee Co and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on The Honey Bee Co’s behalf.

7. Limitation of Liability

The Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk The Honey Bee Co makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.

The Honey Bee Co is not responsible for any damages, injury or economic loss arising from the use of the Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.

The Affiliate will indemnify and hold harmless The Honey Bee Co, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.

8. Modification

The Honey Bee Co may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.

If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.

9. Miscellaneous

The Affiliate warrants and represents that it is over the age of 21 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. The Honey Bee Co reserves the right to terminate the Affiliate’s participation in the Affiliate Program if The Honey Bee Co determines, in its sole discretion, that the Affiliate’s actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.

This Affiliate Agreement constitutes the entire understanding between The Honey Bee Co and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.

Customer Definition

Every customer who buys a service through this program is deemed to be a customer of The Honey Bee Co. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. We may change our policies and operating procedures at any time. The Honey Bee Co is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.

Pricing & Availability

We will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

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;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(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 endeavours 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.