terms and conditions
By participating in Bob Group’s partner programme (the “Programme”) or any Programme activities, you agree to be bound by the following Partner Programme Agreement (the “Agreement”).
The Agreement is between you, as Partner (as defined below) and Bob Group (Pty) Ltd (“Bob Group” or “we,” “our” or “us”). Failure to comply with any provisions of the Agreement may result in a loss and/or reduction of Pay-outs (as defined below), which decisions shall be made by Bob Group in its sole discretion.
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- In these terms and conditions:
- headings to clauses are for reference purposes only and shall not be used in the interpretation of these terms and conditions;
- an expression which denotes any gender includes the other gender, a natural person includes an artificial person and vice versa and the singular includes the plural and vice versa.
- The following expressions shall bear the meanings assigned to them below and cognate expressions shall bear corresponding meanings:
- Agreement refers to these Partner Programme Terms and Conditions between you and Bob Group as well as any additions to and amendments of these Partner Program Terms and Conditions.
- Assets refer to the logos, trade names, trademarks, similar identifying material and promotional material of Bob Group and its Services.
- “Bob Group” [“we,” “our” or “us”] refers to Bob Group (Pty) Ltd and its subsidiaries.
- Customer(s) shall mean any legal entities which are potential end users of Services.
- Partner [“you”, “your”, “yours”] refers to the legal entity agreeing to participate in the Partner Programme, and who will legally be bound by the terms and conditions herein.
- Portal refers to the software managed and owned by Kiflo, used by Bob Group to manage the Partner Programme and through which the Partner can submit and manage their referrals.
- Partner Programme Manager means the individual or individuals who have the authority from Bob Group to manage and represent its interests in the Partner Programme.
- Partner Programme refers to the Partner Programme operated by Bob Group and specified in these Terms. The Partner Programme is divided into sub-programmes for each of the Bob Group Services, and further subdivided into programme plans, which are dependent on each Services’ requirements.
- Pay-out refers to the amount earned by the Partner from a successful referral of a Customer, subject to the Programme plan and role of the Partner.
- Referrals mean the successful sale of a Service to a Customer by a Partner.
- Services shall mean the Services offered by Bob Group, including, but not limited to, Bob Go, Bob Shop, Bob Pay, Bob Sync and Bob Box.
- Website(s) refer to www.bob.co.za or any of the subdomains and websites of the Services.
- These Partner Programme Terms and Conditions (the “Terms”) constitute the entire Agreement between you and Bob Group, regarding your participation in the Partner Programme specified in these Terms. This Agreement supersedes all prior agreements and communications of the parties, oral or written.
- Subject to the terms and conditions set forth herein, Bob Group hereby appoints Partner as Bob Group’s non-exclusive marketing intermediary towards the Customers for the Services, and the Partner hereby accepts such appointment. Partner shall make introductions with potential Customers and discover opportunities that result in a sale of Services.
- Subject to compliance with these Terms, we grant to you a non-exclusive, non-transferable, revocable right to (i) promote, market and advertise the Services; (ii) access Bob Group or it Services’ offerings through Partner/referral links solely in accordance with this Agreement; and (iii) to use our logos, trade names, trademarks, and similar identifying material (collectively, “Assets”) that we provide to you or authorise for such purpose.
- Each party to this Agreement agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in any negative light.
3. Partner obligations
- To enrol in our Partner Programme, you must:
- operate as a company;
- have the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth herein;
- be accepted by Bob Group into the Partner Programme.
- Partner’s main task is to operate as a marketing or sales promoter on behalf of Bob Group and to introduce potential Customers or lead them directly to our website. Partner may act as a marketing or sales promoter depending on the role of the Partner.
- Partner will bear all costs and expenses, and carry all losses, related to Partner’s marketing or promotion of Bob Group or any Services, or otherwise in its performance in terms of this Agreement.
- Bob Group reserves the right at our sole discretion to reject your membership in our Partner Programme and/or re-evaluating your application or membership at any point in time.
- As a Partner, you shall have the right to obtain information on our Services and other marketing material from Bob Groups and to market and promote such Services to Customers, make introductions with Customers and discover opportunities that may result in a sale of Services.
- As a Partner, you shall reasonably support and assist Bob Group when and to such extent as is required by Bob Group from time to time in respect of negotiations and finalising of agreements with referred Customers.
- As a Partner, you shall have no authority to make customer or affiliate contracts on behalf of Bob Group, or in any way to bind Bob Group towards third parties. For clarity, Bob Group shall enter into all agreements and collect all fees from referred Customers directly from such Customers.
- When promoting the Services and negotiating with Customers, the Partner shall offer the Services strictly in accordance with the Bob Group terms of service. The Partner may not modify in any way the Bob Group terms of service provided by Bob Group. For clarity, the Partner shall not make any claims with respect to the Services’ performance, or any warranty related to the Services different from those communicated in writing by Bob Group.
- As a member of the Partner Programme, you will be granted access to the Partner Portal. Here you will have an option to review the details of our Partner Programme including our promotional materials, such as Partner links and Assets. In order for us to accurately keep track of all new Referrals from your website to Bob Group’s Websites, you must use the Partner link that we provide for each banner, text link, HTML code or any other promotional material listed.
- In no event may Partner engage in any Partner marketing activities except as expressly set forth in this Agreement. In conducting all Partner Programme marketing activities, Partner will comply with all applicable laws, rules, and regulations, including but not limited to those relating to email marketing and “spamming”.
- The Partner agrees that their website, service or correspondence does not contain any materials that in Bob Group’s sole discretion are considered to:
- Promote adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual, or provocative images in violation of legislation in your local jurisdiction;
- Includes violent, obscene, defamatory, libellous, slanderous and/or unlawful content;
- Promote hate speech, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group;
- Incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law;
- Includes “Bob Group”, the name of the Services, variations or misspellings thereof in its domain name and as keywords in PPC campaigns;
- Promote political or religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
- Promote gambling, including without limitation, any online casino, sports books, bingo, or poker;
- Contain software downloads that potentially enable diversions of Pay-outs;
- Make representations through domain name, code, designs, imagery, video, text or otherwise that makes your website resemble the Bob Group Websites in a manner which leads Customers to believe you are the Bob Group Websites, business or a legal representative of Bob Group in any way. Creation of separate websites to solely promote Bob Group products and services requires a prior written approval from a Partner Programme Manager;
- Offer rebates, coupons, or other forms of promised kickbacks from your Pay-out as an incentive.
- Make false claims and promote non-existing discounts, coupons, bargains or use other misleading strategies to gain traffic through the Partner links;
- Promote any special deal or offer in a way that contradicts the arrangement set forth by the Partner Programme Manager when offering such a deal to you; or
- Generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set Partner cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Partner Programme links must direct users to the Bob Group Websites.
- The Partner may not use misleading text on Partner links, buttons or images. The commercial purpose of the Partner’s marketing efforts must be clearly identifiable. The Partner shall not disguise its partner marketing efforts as consumer recommendations or as similar non-commercial messages.
- The Partner is solely responsible for the maintenance and information updates on its website. For example, if Bob Group’s pricing policy changes, it will be up to the Partner to update this information. We have the right to at any point in time and for any reason require you to update the information and material on your website and other marketing channels to match any new brand guidelines or offerings we may have. We may monitor your website as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
- While this Agreement remains in force, Partner shall serve Bob Group in good faith, in compliance with all applicable regulations and high ethical standards, in a professional manner and with all due diligence observe all reasonable instructions given by Bob Group and act in Bob Group’s interest and with respect to the good reputation of Bob Group. The Partner shall keep Bob Group informed of all essential matters relating to the cooperation hereunder.
- If your account was terminated as set forth in clause 6, you may not create another account in our Partner Programme.
- Other Partner terms:
- Partner will promptly inform Bob Group of any information known to Partner that could reasonably lead to a claim, demand or liability of or against Bob Group or its Services by any third party.
- If you sign up for the Partner Programme on behalf of your employer, your employer will be deemed to be the Partner for the purpose of this Agreement, and you represent and warrant that you have the authority to bind your employer to this Agreement. Each Partner is responsible for: (i) ensuring that its employees, agents and subcontractors comply with this Agreement; and (ii) any breach of this Agreement by Partner’s employees, agents or subcontractors.
- Partner acknowledges and agrees that Partner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any Partners or subsidiaries of Partner.
4. Bob Group rights and obligations
- Bob Group may accept or reject any individual referred Customer in its sole discretion. Bob Group shall not be liable for any direct, indirect or consequential damage or loss arising from or related to Bob Group’s refusal to execute any agreement with any Customer.
- We reserve the right to monitor your website and marketing activities at any time to determine whether you are following this Agreement. We may inform you of any changes to your website that we feel you should make, or to ensure that your Partner links to the Bob Group Websites are placed appropriately and to notify you of any other changes to materials or practices that we feel should be made by you in relation to your participation in the Partner Programme. Failure to make the changes to your website or other marketing materials or practices that we feel are necessary, for longer than thirty (30) days from the date when you were informed of the change or requirement by email, constitutes a material breach of this Agreement.
5. Fees and Pay-outs
- Partners will be entitled to Pay-outs in accordance with this clause 5. Pay-outs are calculated and paid depending on the Partner role (and which role has been agreed upon in writing between the Parties) in connection with the referral eligible for Pay-out. In other words, the amount and payment terms of Pay-outs are different in respect of all Programmes.
- If a Partner has referred a Customer to Bob Group, then Bob Group shall pay a Commission to the Partner if Bob Group and the Customer successfully enters into an agreement for the provision of Services.
- Partner is entitled to the Pay-out, provided that the Referral is successful and is not excluded or declined as provided for in clause 5.8 or in terms of any other provision of this Agreement.
- For clarity, no other type of Customer referrals by the Partner than those described under clause 5.2 shall be eligible for any Pay-out.
- All Pay-outs, if applicable, will be made by the seventh day of the month after the first full calendar month.
- Partners are responsible for all applicable taxes that arise from or as a result of any activities under this Agreement. If taxes are not collected by Bob Group in respect of a Partner transaction, Partner is responsible for determining if taxes are payable on such transaction, and if so, self-remitting taxes to the appropriate tax authorities.
- Pay-outs will take place by means of an electronic funds transfer to a Bank Account nominated by the Partner.
- Bob Group reserves the right to decline the Pay-out of a Partner if (i) Bob Group is already working or negotiating with the relevant referral, (ii) the referral was introduced to us earlier by another Partner or channel, or (iii) you are suspected of conducting fraudulent sales.
- All Pay-outs are subject to fraud and risk analysis considerations and may be withheld by Bob Group during the period of investigation. Bob Group may also withhold payment if Partner fails to provide Bob Group with information that is required to make payment.
- Bob Group reserves the right to modify the Pay-out or payment terms at any time upon reasonable advance notice to Partner. Such notice will be provided by email. In the event of any disputes over Pay-outs, Bob Group’s determination will be final and binding.
6. Term and termination
- This Agreement shall take effect upon the acceptance of your Partner Programme application and shall automatically renew on the first day of each month for the duration of that particular month, until terminated in accordance with this clause 6.
- Either party may terminate this Agreement or cancel an automatic renewal thereof at any time, with or without cause, by giving the other party 30 days’ written notice. Written notice or termination or cancellation of an automatic renewal must be sent by email to the other party.
- Bob Group may terminate this Agreement or terminate or suspend any access to the Partner Programme with immediate effect and without prior notice in the following circumstances:
- If Partner is suspected of committing fraud, commits fraud or abuses the Partner Programme in any way that, in the sole and absolute discretion of Bob Group, infringes the spirit and purpose of this Agreement. If suspected fraud, fraud or abuse is detected, Bob Group shall not be liable to you for any Pay-outs for any fraudulent sales/sales based on abuse.
- If Partner commits a material breach of its obligations under this Agreement.
- If the Agreement is terminated in accordance with this clause 6, Bob Group shall not be liable to pay any Pay-out to the Partner after the termination of the Agreement.
- Bob Group reserves the right to cancel or modify the Agreement, or any renewal thereof, including Pay-outs, at any time. If a significant change is made to the Agreement, or any renewal thereof, including any material change to Pay-outs, Bob Group will provide reasonable notice by email to the Partner.
- Upon termination of this Agreement: (i) Partner will immediately cease displaying any Assets or any Bob Group trademarks on any Website or otherwise; and (ii) all rights granted to Partner under this Agreement will immediately cease, including but not limited to the right of Partner to access the Portal, or to receive any Pay-outs under this Agreement, unless otherwise determined by Bob Group in its sole discretion.
- We reserve the right to change the content of these Terms at any point in time. In such an event, you will need to comply with a revised version of these Terms, informed to you in writing.
- Any changes will take effect on the next renewal of this Agreement as provided for in clause 6.1, and by continuing to participate in the Partner Programme, you accept and agree to be bound by such changes.
- If we specifically request your consent to and agreement of the modified Partner Programme Terms and you fail to consent to or agree thereto before the next renewal of this Agreement as provided for in clause 6.1, we reserve the right to terminate this Agreement with immediate effect.
8. Warranties and disclaimer of warranties
You represent and warrant that:
- This Agreement has been duly and validly executed and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- You have the full right, power, and authority to enter into and be bound by these Terms and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
9. Limitations of liability and indemnity
- To the extent permitted by law, we will not be liable to you with respect to any subject matter of this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages.
- Further, notwithstanding anything to the contrary contained in this Agreement, in no event shall Bob Group’s total and aggregate liability to you arising out of or related to this Agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total Pay-out liable to you under this Agreement during the three (3) months’ period preceding the first claim by you.
- Partner indemnifies Bob Group against any and all losses and/or expenses suffered and/or incurred as a result of the Partner’s breach of this Agreement.
All information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement in whatever form that is either marked as confidential, or that should reasonably be understood to be confidential by its nature or circumstances in which the information or material is disclosed (“Confidential Information”), will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such Confidential Information of the other party without express written permission of the disclosing party during the term of this Agreement and thereafter.
11. Applicable Legislation
- If Bob Group is obliged, in the execution of its obligations, to comply with any law of any nature whatsoever, Bob Group’s compliance with the requisite laws shall not be deemed to be a waiver or novation of any of its rights herein and Bob Group shall not be deemed to have assumed any onus, obligation, responsibility or liability in your favour.
- If there is any inconsistency between these terms and conditions and any applicable legislation, the provisions of the applicable legislation shall prevail and in this event, shall in no way affect the remaining terms and conditions.
12. No Cession
You may not cede or assign any rights and/or obligations which you may have in terms of these terms and conditions to any third party. Bob Group may however cede or assign any rights and/or obligations in terms of these terms and conditions as it, in its sole discretion, deems fit.
Nothing in this Agreement is intended to create, nor will it be construed as creating, any exclusive arrangement between the parties to this Agreement. This Agreement will not restrict either party from entering into similar arrangements with others, provided it does not breach its obligations under this Agreement by doing so, including without limitation, any confidentiality obligations.
Should any provision be declared to be illegal, invalid or unenforceable in any jurisdiction affected by these terms and conditions, such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of the provisions hereof, without invalidating the remaining provisions of these terms and conditions or affecting the validity or enforceability of such provision in any other jurisdiction.
15. Governing Law
These terms and conditions shall be governed by the law of South Africa.
16. Force Majeure
Bob Group shall not be responsible for failure to perform hereunder due to causes beyond its control including, but not limited to, work stoppages, fires, civil disobedience, riots, rebellions, earthquakes, floods, acts of God and similar occurrences.
Last updated on 2023.11.23.