SQUIRREL DEPOT – AFFILIATE CONTRACT

PDF DOWNLOAD OF THE AGREEMENT AVAILABLE HERE

When applying to the program, a full PDF copy will be emailed to you for your signing so as to open your account.

1. ACCEPTANCE AND TERM

1.1 The Affiliate acknowledges that by registering and signing this Agreement, they have read, understood, and agree to be bound by the terms and conditions of this Agreement. The term of this Agreement will commence on the date the Affiliate is accepted into the Program and will continue until terminated in accordance with this Agreement.

1.2 Upon acceptance into the affiliate program, the affiliate will be provided with an affiliate link. Upon utilization of this link, the customer will be directed to the website, and the technology employed will capture the customer’s details and assign them to the affiliate’s account at check-out on their first order. The affiliate will be entitled to receive commission from all purchases made by the customer in perpetuity, except for items expressly excluded from commission as stipulated in this agreement, and in the event that the affiliate has been banned from the program due to misconduct.

2. TERMINATION

2.1 This Agreement may be terminated immediately by Squirrel Depot in the event that the Affiliate engages in any inappropriate conduct or abuse of the Program, including but not limited to:

(a) In the event that the Affiliate engages in any fraudulent activities, including but not limited to the creation of false orders or the use of false information to generate sales, the Affiliate’s account will be immediately terminated and all outstanding royalties owed to the Affiliate will be forfeited.

(b) Promoting Squirrel Depot’s products and services in a manner that violates any laws, regulations, or ethical standards;

(d) Breaching any of the terms and conditions set forth in this Agreement.

2.2 In the event that the business is sold to new owners, it will be within the new owners’ discretion to continue or discontinue the affiliate program at the rates specified in this agreement. However, the business cannot be sold without the payment of all outstanding affiliate commissions due to affiliates as per the terms and conditions of this agreement.

2.3 In the event of the unfortunate demise of one or both directors of Squirrel Depot, leading to the cessation of the company’s operations, neither the next of kin of the directors nor any employees of the company shall be held responsible for any outstanding affiliate commissions. However, the company’s accountant will be under prior direction to ensure the settlement of all due affiliate commissions as part of the process of winding up the company’s activities.

2.4 In the event that the owners of Squirrel Depot decide to wind down the company’s operations without selling the company, they reserve the right to do so at any time. In such a situation, Squirrel Depot will settle all outstanding affiliate commissions within a maximum of 90 days from the commencement of the winding down process.

3. AFFILIATE RULES

3.1 Marketing and Promotion Authorization

The Affiliate is authorized to promote and market Squirrel Depot’s products and services within South Africa via social media, email marketing, word of mouth, or any other lawful marketing methods that the Affiliate deems appropriate. Squirrel Depot will provide the Affiliate with imagery and other post-able media assets to assist with marketing the site, which will be updated regularly.

3.2 Ethical and Lawful Promotion

The Affiliate
shall undertake to promote the products and services of Squirrel Depot in an ethical and lawful manner, adhering to all relevant laws and regulations applicable to the promotion and advertising of such products and services.

3.3 Tax Obligations and Reporting Responsibilities

The Affiliate shall assume full responsibility for all income taxes generated through participation in the affiliate Program and shall solely bear the responsibility of declaring such income to the relevant tax authorities.

3.4 Proactive Customer Engagement

Squirrel Depot may, at its discretion, send promotional material to its existing customers who have opted in to receive such material. However, such promotional material does not guarantee that customers linked to the Affiliate will purchase any further orders from the Squirrel Depot. Accordingly, it is the responsibility of the Affiliate to take proactive measures to build a residual income stream by regularly reminding their list of potential clients, or subscribers of their social media channels, to purchase products from the site and actively promoting the site to increase customer engagement and sales.

3.5 Stock Availability

Squirrel Depot warrants that it only sells stock that is available and listed on the website as in stock, and does not offer back orders. However, the customer may request stock from the Squirrel Depot via WhatsApp or email, and when the stock is available, the customer will be informed. Both parties shall not be liable for any loss or damage resulting from the unavailability of any product listed on the website.

3.6 Price Authorization and Modifications

The Affiliate is not authorized to modify or offer prices for any product except those listed on the Squirrel Depot website. The prices on the website are binding and cannot be changed by the Affiliate without explicit written permission from Squirrel Depot. The Affiliate shall not hold Squirrel Depot liable for any price modifications made by them.

3.7 Lead Attribution and Customer Assignment

Upon a lead visiting the Squirrel Depot website, the Program operates on a “first signup wins the customer” model. This means that if an affiliate’s lead visits the website and subsequently signs up for an account, the lead will be considered a customer attached to the affiliate’s account in perpetuity under the terms of this agreement. However, if the lead does not sign up within 30 days of visiting the website and later accesses the website via another affiliate’s link, the lead will be attached to the second affiliate’s account. Both parties agree that Squirrel Depot will not be liable for any disputes arising from the attachment of a lead to an affiliate’s account in accordance with this clause.

3.8 Program Structure: Commission-Based Model

The Squirrel Depot affiliate program is strictly based on a commission-based model, with no multi-level marketing components involved. Affiliates earn a commission on the sales they generate through their own promotional activities, without the need to recruit other affiliates or build a downline.

As of this text publishing, there are no plans to introduce multi-level marketing aspects to the program. However, in the event that this becomes an option in the future, affiliates will be asked to sign an updated agreement to partake in such activities. This will ensure that they are fully informed and agree to the new terms before engaging in any additional promotional activities.

3.9 Earnings Requirements and Affiliate Responsibilities

The Squirrel Depot does not require the affiliate to buy any minimum amount per month or ever to get started or maintain their affiliate status, nor are they required to hit any targets. The only target required, as stated in this agreement, is that the affiliate must have earned a minimum amount of R1000 in order to apply for a payout. The onus to earn commissions through the Program is entirely the responsibility of the affiliate, and Squirrel Depot shall not be held liable for any lack of earnings by the affiliate.

SALES AND COMMISSIONS
4.1 Squirrel Depot shall track sales generated through the Affiliate’s unique link and shall provide the Affiliate with access to an online dashboard where they can monitor their sales, customer data, and commission earnings.

4.2 The Affiliate shall receive a commission of 3.5% on all net sales (excluding taxes, shipping, and returns) resulting from the Affiliate’s promotional efforts. This rate will apply to all sales to customers linked to the affiliate’s account for the duration that Squirrel Depot operates as a business.

4.3 Commissions will be paid out to the Affiliate on a monthly basis, provided that the Affiliate has met the minimum earnings threshold of R1000. If the minimum earnings threshold has not been met, the Affiliate’s earnings will roll over to the following month until the minimum threshold is reached.

4.4 In the event of a customer return or refund, the Affiliate’s commission on that sale will be deducted from their subsequent commission payment.

CONFIDENTIALITY
5.1 Both Squirrel Depot and the Affiliate shall maintain the confidentiality of any confidential information that they may have access to during the term of this Agreement and for a period of two (2) years following the termination of this Agreement.

5.2 Confidential information includes, but is not limited to, customer data, sales data, marketing strategies, business plans, financial information, and any other information that is not generally available to the public.

Independent Contractor Status

The Affiliate is acting as an independent contractor and is not an employee, agent, partner, or joint venture partner of Squirrel Depot. The Affiliate acknowledges and agrees that they are solely responsible for their own actions, business operations, and expenses, and that they have no authority to enter into contracts or make any commitments on behalf of Squirrel Depot.

INDEMNIFICATION
The Affiliate agrees to indemnify, defend, and hold harmless Squirrel Depot, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the Affiliate’s participation in the Program, including but not limited to any breach of this Agreement, any violation of any laws or regulations, and any infringement or misappropriation of any intellectual property rights.

LIMITATION OF LIABILITY
In no event shall Squirrel Depot be liable to the Affiliate for any indirect, incidental, consequential, special, or punitive damages, whether foreseeable or unforeseeable, arising out of or in connection with this Agreement or the Program, even if Squirrel Depot has been advised of the possibility of such damages. Squirrel Depot’s total liability for any and all claims, damages, losses, and expenses arising out of or in connection with this Agreement or the Program shall not exceed the amount of commissions earned by the Affiliate during the six (6) month period immediately preceding the event giving rise to the claim.

GOVERNING LAW AND DISPUTE RESOLUTION
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 resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute within thirty (30) days of commencing negotiations, the dispute shall be submitted to binding arbitration in accordance with the rules of the Arbitration Foundation of South Africa. The arbitration shall be conducted in English and shall take place in Cape Town, South Africa.

ENTIRE AGREEMENT AND MODIFICATION
This Agreement constitutes the entire understanding and agreement between Squirrel Depot and the Affiliate with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, whether written or oral, relating to the subject matter. Any modifications or amendments to this Agreement must be made in writing and signed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced.

SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable.

ASSIGNMENT
The Affiliate may not assign or transfer this Agreement or any rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without the prior written consent of Squirrel Depot. Any attempted assignment or transfer without such consent shall be null and void. Squirrel Depot may assign this Agreement, in whole or in part, without the Affiliate’s consent.

FORCE MAJEURE
Neither party shall be liable for any delay or failure in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent such delay or failure is caused by events beyond the reasonable control of the affected party, such as an act of God, war, terrorism, natural disaster, labor strike, or internet outage.

NOTICES
Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by registered mail, or sent by email to the addresses provided by each party in the registration process or as updated by the parties from time to time.

The Affiliate is required to either digitally sign or scan and sign the Agreement found in the attachment and send it via email. If unable to do so, they may attach the unsigned contract to an email, explicitly stating that they have read and understood the terms and conditions of the Affiliate Program and agree to be bound by all terms.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of affiliate account being activated.

Squirrel Depot
Ryan Beifus