The Traders Edge Referral Affiliate Terms of Service
By becoming an Affiliate of The Traders Edge and joining a Referral Affiliate Team (“System”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
The Traders Edge reserves the right to update and change these Terms of Service from time to time without notice. Any new features that augment or enhance the current System, including the release of new tools and resources, shall be subject to these Terms of Service. Continued use of the System 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 forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Referral Affiliate System at your own risk.
Affiliate Account Terms
- You must be 18 years or older to be an Affiliate.
- You must provide your legal full name, a valid email address, and any other information required to complete the signup process.
- You are responsible for maintaining the security of your account and password. The Traders Edge cannot and will not be liable for any loss or damage caused by your failure to comply with this security obligation.
- You are responsible for any content posted or any activity that occurs under your account.
- You may not use the System for any illegal or unauthorized purpose. You must not, in the use of the System, violate any laws in your jurisdiction (including but not limited to copyright laws).
Links/graphics on your site, in your emails, or other communications
Once you have joined the System, you will be assigned an unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, on social media, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to The Traders Edge. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral commission accrual, we will provide you with special link formats to be used in all links between your site and the The Traders Edge. You must ensure that each of the links between your site and The Traders Edge properly utilizes such special link formats. Links to the The Traders Edge placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Referral Links.” You will earn referral commissions only with respect to sales on a product occurring directly through Referral Links. We will not be liable to you with respect to any failure by you or someone you refer to use Referral Links or incorrectly enter your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Referral Links should point to the page of the product being promoted.
Referral Fees/Commissions and Payment
For a product sale to be eligible to earn a referral commission, the person referred must click-through a Referral Link from your site, email, or other communications to https://www.thetradersedge.co.za and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on income generated through properly formatted Referral Links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through any fraudulent or illegal marketing methods.
Payments only begin once you’ve earned more than R200 in affiliate income. If your affiliate account never crosses the R200 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the R200 threshold.
Identifying yourself as a Traders Edge Affiliate
You may not issue any press release with respect to this Agreement or your participation in the System. Such action may result in your termination from the System. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of The Traders Edge or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earnings are over R200, you’ll be paid each month. If you haven’t earned R200 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this System will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this System 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.
You will be solely responsible for the development, operation, and maintenance of your own website and for all materials that appear on your site or in your communications. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Referral Links on your site or in your communications does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all product-related materials and any information you include within or associate with Referral Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the System, you agree that while you are a System participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a System participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the System you will comply with all applicable laws that govern marketing emails, including without limitation, any anti-spam laws.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of your System participation and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.thetradersedge.co.za, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the System. The Traders Edge reserves the right to end the System at any time. Upon system termination, The Traders Edge will pay any outstanding earnings accrued above R200.
The Traders Edge, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the System, or any other Traders Edge service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent or illegal marketing methods. The Traders Edge reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we 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.
Limitations 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 System, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the System will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the System or any products sold through the System (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 the The Traders Edge website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction (and you consent to non-exclusive jurisdiction and venue in such courts). Arbitration under this agreement shall be conducted under the rules then prevailing of any appropriate Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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 be 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.
The failure of The Traders Edge to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The Traders Edge and governs your use of the System, superseding any prior agreements between you and The Traders Edge (including, but not limited to, any prior versions of this Terms of Service).