Terms Of Use

AFFILIATE TERMS OF TRADING

Introduction

The following information describes how our relationship works.

Affiliate operates on-line services (“the Affiliate Service”) on the internet (the “Web”) This service is accessible at a URL (the “Affiliate URL”).

SafariNow.com is a provider of online content (“the Company Content”), and online search, booking, and payment functionality (“the Company Technology”) which content and functionality are available at URL http://www.safarinow.com (the “Company URL”). Some data is additionally accessible through data feeds / services. The URL’s of these services are documented in the affiliate zone.

The parties intend to provide services to each other in order to publish and distribute selected Company Content and utilize Company Technology, on the Affiliate Service, and agree as follows. When you register as an Affiliate to provide Affiliate Services utilising the Company Content and Company technology to link to the Company URL or in any way utilise the Company Content or Company Technology or in any way link to the Company URL, you are deemed to have read, understood and agreed to these terms as unmodified by you. Should you not agree to these terms do not continue to use the Company Content or Company Technology and do not link to the Company URL.

These Terms and Conditions include the Copyright Notice, Privacy Policy, Data Collection Policy and Electronic Communications and Transactions Act information under “http://www.safarinow.com/cms/privacy/irie.aspx” and “http://www.safarinow.com/cms/data-collection-policy/irie.aspx” (collectively “the Terms”).

No sales representative, affiliate, dealer, agent, officer or employee of SafariNow.com has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you and our activation or provision of any services to you does not indicate our acceptance of any changes made by you to our Terms.

Definitions

Affiliate means the individual or entity accepting these terms, and operating the Affiliate Service.

Business Day means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa;

Business Hours means the hours between 08h00 and 17h00 on a Business Day;

Effective Date means the date on which you accepted the terms and conditions for a service or product, be that in writing or by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone, including telephonic acceptance;

ECT Act means the Electronic Communications and Transactions Act, 2002;

Intellectual Property Rights means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978;

Marks mean any trademarks, logos, brand names, domain names or other marks of SafariNow.com;

SafariNow.com, we, us and our means SafariNow.com (Pty) Limited, Registration Number 2000/009927/07

Conclusion of Agreement and ECT Act

You warrant that you have the contractual capacity to enter into this Agreement with us. If the Agreement is signed by a person acting in a representative capacity on behalf of you, the signing party hereby warrants that all of the information relating to the entity, partnership, association or other person whom he/she represents and which he/she has supplied to SafariNow.com at any time will be true, accurate and complete. SafariNow.com reserves the right to treat all misrepresentations by you as a fraud and you indemnify SafariNow.com against any loss or damage that SafariNow.com may sustain resulting from such misrepresentation.

This agreement shall commence on the date SafariNow.com approves the Affiliate registration with SafariNow.com and endure until terminated by either party in terms of this agreement. In this regard SafariNow.com reserves the right to vet the application by the Affiliate and to refuse registration as determined in their sole discretion.

When you register as an Affiliate you will provide us with a certified copy of your identity document, proof of residential and/or business address. In the event of a juristic person, you will provide us with the same information as above for your authorised representative, together with proof of address for the juristic person, registration documents and a company resolution authorising the application and the company’s representative’s capacity to enter into the Agreement.

The provisions of the ECT Act, apply to transactions and communications that are executed electronically by a natural person. It does not apply to juristic persons or paper based transactions, e.g. where you apply for a service or product by completing an agreement in writing.

You acknowledge that SafariNow.com will provide you with an opportunity in respect of all electronic transactions to:

• review the entire electronic transaction;
• correct any mistakes; and
• withdraw from the transaction, before finally placing the order.

SafariNow.com is in terms of section 43 of the ECT Act required to make its contact details, its domicilium citandi et executandii and certain other information available to you when you enter into electronic transactions with SafariNow.com. This information is available on our Website.

Cooling Off Periods

Should section 44 of the ECT Act be applicable, you are entitled to cancel without reason and without penalty an electronic transaction and related credit agreement that was concluded electronically for the supply of services, within 7 (seven) days after the date of the conclusion of the agreement, subject to the exclusions in section 42 (2) of the ECT Act which include (without limitation), services that began with your consent before the end of the aforementioned 7 (seven) day period.

SafariNow.com Responsibilities

SafariNow.com agrees to do the following:

• Content Services. SafariNow.com will, free of charge, make available to Affiliate, SafariNow.com specific Company Content, such content to be selected by Affiliate, subject to certain limitations regarding the appropriate points of entry as determined by SafariNow.com in their sole discretion.

Affiliate Responsibilities

• Publication. Affiliate will, free of charge, publish the Company Content at the Affiliate URL or other points of entry by means of which the Company Content can be accessed. The Company Content can be formatted as preferred using the customization facility provided by SafariNow.com. Alternatively Affiliate can merely implement hyperlinks to the Company Content and the Company Technology at the Company URL.
• Limitation on use of Company Content. Affiliate may only use the Company Content if the use of the Content is inextricably linked to the use of the Company’s services. Affiliate may not retain this content after termination of the relationship, or use it for any purpose not contemplated in this agreement. The Company Content may not be aggregated with the offerings of other service providers and cannot be used with another service providers services.
• Optimize Traffic. Affiliate will optimise traffic to the Company Content published on the Affiliate URL or other points of entry by means of which the Company Content can be accessed. Affiliate will achieve this by placing appropriate links, logos and banners throughout the Affiliate’s website located at the Affiliate URL or other points of entry by means of which the Company Content can be accessed, promoting Company Content and the Company Technology, and promoting the Company Content and Company Technology in its communications to its subscribers.
• Good Faith. The Affiliate will at all times act with the utmost good faith towards SafariNow.com and they warrant that they will neither do anything nor refrain from doing anything, or permit others to do anything, which might prejudice or detract from the rights, assets or interests of SafariNow.com including SafariNow.com’s reputation and goodwill.
• Use of data feeds. Where the Affiliate utilizes the Company’s data feeds to extract Company content for purposes of integration within their own website or service:
1. Unless otherwise specified, these feeds should not be called in real-time, but should instead be called on a scheduled batch basis.
2. the Affiliate shall not be entitled to query these services excessively. Usage monitoring is in place which will throttle excessive usage, and deny requests above an hourly threshold.
3. The Affiliate is obliged to refresh their copy of the data at least once a month in order to keep their copy of the Company Content up to date.

Revenue Commission

• General: The parties agree that the sharing of transaction commission is the primary revenue stream.
• Sponsorship and Advertising Revenue. Affiliate shall have the right to sell, and earn revenue from, sponsorship and banner advertising in any content served from its servers. SafariNow.com shall not be obligated to integrate any Affiliate sponsorship or banner advertising content into the Company Content (i.e. any content served from any Company Server).
• Referral Fees. The parties agree that revenue derived from all referred transactions where Affiliate initiates a session using tagged links as per one of SafariNow.com’s affiliate campaigns SafariNow.com will pay Affiliate 25% (twenty five percent) of SafariNow.com’s actual commission collected from such transactions, excluding costs incurred for VAT, credit card processing fees and online payment/bank charges. In the event of a cancelled booking, SafriNow.com reserves the right to deduct the commission relating to such cancelled booking from future commissions which become owing to the Affiliate. For these purposes the data produced by SafariNow.com’s system will be the data utilised to calculate such revenue.
• Affiliates will be paid referral fees as set out above on actual referred transactions only as commission per referral with a cookie period of 30 (thirty) days from the date of first visiting the Company URL for determining what point of entry such referred transaction actually came from. A cookie is a text string stored by a web browser and can be used for session tracking.
• Payment of Affiliate Revenue Commission. All amounts owed to the Affiliate from time to time shall be paid on written request from the Affiliate provided that the amount owing to such Affiliate exceeds R500 (five hundred rands), or annually, in the month in which the Affiliate signed up, if the amount owed is less than R500,00. Funds will be transferred to an account designated by the Affiliate, by Electronic Funds Transfer (EFT) (domestic) or SWIFT Transfer (international).

License Grant and Intellectual Property Rights

Nothing contained in these Terms, unless the contrary is expressly stated elsewhere, must be construed as an express or implied license of, or transfer of any rights in or to, any copyright, trademark, trade names, logos, devices, patents or other intellectual property owned or used by any party and each party shall respectively retain all such rights.

SafariNow.com hereby grants to the Affiliate a non-exclusive license for the duration of this Agreement to use the Company Content or any part thereof on the Affiliate points of entry. This will include the right to use, display, publish, store and distribute the Company Content through the Affiliate Service and in connection with any demonstration, promotion or advertisement of the Affiliate as applicable; to process, retrieve, and transmit the Company Content through the Affiliate Service, as well as to utilize the Company Technology to provide functionality through the Affiliate Service, such functionality to be limited in the scope of its employment to the Company Content.

This license is subject to the Affiliate always using the Company Content together with the Company Technology as a transaction services, or linking directly to the Company URL wherever they use the Company Content. The Affiliate must not sub-license the Company Content or Company Technology.

The Affiliate is expressly prohibited from utilising (or allowing any third party to utilise) the Company Content to build a service similar to the Company Technology and transaction services or any other services offered by SafariNow.com at the Company URL. Any webpage which uses any Company Content must link directly to the Company URL, or clearly lead through to further pages which end at the Company URL or call centre.

The Affiliate is strictly prohibited from aggregating the Company Content.

The Affiliate is not entitled to edit, modify and/or vary the Company Content or Company Technology in any way.

Copyright. The reproduction and/or storage of any of the Company Content is subject to the restriction that such reproduction and/or storage be for use and reference of the Affiliate only. Further, the foregoing licenses shall terminate immediately upon any expiration or earlier termination of this Agreement. Nothing contained herein shall be deemed to grant to Affiliate any proprietary rights in any Company Content or Company Technology, and Affiliate is prohibited from making any representations to that effect. All copyrights in any Company Content, including any translations thereof, shall remain with Company. Further, Affiliate shall post an appropriate copyright notice with any Company Content, or shall not remove any such Notices or links appearing in the Company Content. The contents of this clause shall be interpreted in the light of SafariNow.com’s Copyright and Disclaimer / terms of use statements posted on the Company URL.

Revocation. The foregoing grant of license is subject to SafariNow.com’s right to revoke it, with immediate effect, and to terminate the agreement, at any stage for any reason it deems fit, and SafariNow.com will not entertain any claims on the basis of the suspension or termination of its service to the Affiliate.

Site Links

The parties agree to create and maintain appropriate hyperlinks between the Company Service and the Affiliate Service, it being understood that the intent of the parties is to restrict any such links solely to between or within the Affiliate Service and the Company Service and not to any other domains. This clause shall not be interpreted as conferring any obligation on SafariNow.com to link to provide a link to the Affiliate URL nor does it confer on Affiliate any exclusive rights to the Company Content.

Bank Details - Your Responsibility

It is your responsibility to ensure that SafariNow.com has correct bank details on record. Should you fail to provide us with your correct banking details, SafariNow.com reserves the right to retain any funds due and payable to you until such time as we have been provided with the correct banking details.

Should a change in ownership or bank account take place, SafariNow.com must immediately be notified so that old account details can be removed. SafariNow.com reserves the right to request whatever documentation it in its sole discretion determines to be relevant in order to demonstrate a valid and legal change in banking details.

SafariNow.com is not responsible for payments made into incorrect accounts if not timeously notified in writing of the change.

Service Delivery and Interruptions

SafariNow.com will use reasonable endeavours to make its services available to you, and to maintain the availability thereof for use by you. However, we provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements.

SafariNow.com will use its best endeavors to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but can not always guarantee this.

Relationship

Neither SafariNow.com nor the Affiliate, or any of the employees, agents or representatives of either, including outside agencies, may make any representation (including but not limited to oral statements and/or written statements including business cards and letterheads) that:

• Any of them is empowered to sell or otherwise solicit advertising or sponsorships for the other party;
• Any of them is a "partner" of the other party or acts on its behalf;
• That the Company Service is otherwise associated with the other party, in any manner not contemplated in this agreement; and
• The contents of this clause shall be of general application, and shall constitute a material term of this Agreement. Any violation thereof shall entitle the other party to immediately terminate this Agreement and seek whatever other legal remedies are available to it in terms of this Agreement or at law.

Confidentiality

The terms of this Agreement and the business and financial affairs, dealings, trade secrets, transactions, methods of business, customers, clients or other confidential information whatsoever relating to the business, property or affairs of the parties (“Confidential Information”) shall at all times be and remain confidential to the parties and no party shall be entitled, during the currency hereof or at any time thereafter, to disclose all or any of the Confidential Information to any third party save:

• as may be contemplated herein or required to give effect hereto;
• as may be required by law or any regulatory authority; or
• for any disclosures made bona fide to that party’s professional advisors.

Breach

Should you be in breach of any provision of this agreement SafariNow.com shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith:

• afford you a reasonable opportunity to remedy the breach; or
• suspend your access to a service;
• cancel all agreements concluded between us; or
• claim immediate performance and/or payment of all your obligations in terms hereof.

Warranties and Indemnity

You hereby warrant the following:

• You have the right to enter into this agreement; and
• All information provided by you is accurate and true in all material respects.

You hereby indemnify SafariNow.com unconditionally and irrevocably and agree to hold SafariNow.com harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by SafariNow.com or instituted against SafariNow.com as a result of (without limitation):

• your use of our services;
• your failure to comply with these terms and a provision of any agreement concluded between us;
• any unavailability of, or interruption in the service;
• any other cause whatsoever relating to our provision of services to you.

Disclaimer and Limitation of Liability

To the extent permitted by applicable law, SafariNow.com shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal finally determines, notwithstanding the limitation contained in this clause, that SafariNow.com is liable to you for any damages, SafariNow.com’s liability to you for any damages howsoever arising shall be limited to the of R1000.00 (one thousand rand) only.

General

Amendments: SafariNow.com reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made.

Intellectual Property: Nothing contained in this agreement shall, unless the contrary is expressly stated elsewhere in this agreement, be construed as an express or implied license of, or transfer of any rights in or to, any copyright, trademark, trade names, logos, devices, patents or other intellectual property owned or used by each party and each party shall respectively retain all such rights.

Whole Agreement: This agreement constitutes the sole record of the agreement between the parties with regard to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

Non-Variation: No addition to, variation of, or agreed cancellation of, this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.

Waiver: No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.

Certificate of Indebtedness: Any amount due and payable by you to SafariNow.com in terms of any agreement between us at any time, shall be determined and proved by a certificate signed by one of SafariNow.com"s directors, whose appointment, qualification and authority need not be proved. Such certificate shall be deemed to be a liquid document for the purpose of obtaining summary judgment, provisional sentence and/or any other judgment against you.