04/23/2025 3:09:09 pm, GMT+0000
Newera Investments (Pty) Ltd Affiliate Program Terms of Service
Agreement
By signing up to be an Affiliate in the Newera Investments Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Newera Investments reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Any changes to the Agreement will be effective upon posting on the Newera Investments website. It is your responsibility to review this Agreement periodically for updates.
Violation of any of the terms below will result in the termination of your Account and the forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Account Terms
You must be 18 years or older to be part of this Program.
You must live in South Africa or any neighboring African Country to be an Affiliate.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for all Content posted and activity that occurs under your profile.
One person or legal entity may not maintain more than one account.
You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Once you have signed up for the Affiliate Program, You are permitted to place links, banners, or other graphics we provide for marketing on your site (Socials), in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Newera Investments. 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.
Referral fees/commissions and payment
Becoming an affiliate to Newera Investments (Pty) Ltd, allows you to earn a guaranteed 50% commission on each successful sale, through direct marketing, digital marketing, social media and any other forms of marketing.
You will receive a guaranteed 50% commission on any sale made by you, should you sign up a client on a monthly subscription, you will receive a 50% commission for the first 3 months of the subscription. Should a client cancel their subscription within the first 3 months, you will be notified by email of any said cancellations, and you agree to forfeit the remaining balance of Owings to you, Newera Investments will not be held accountable for any cancellations and will not be held liable for any payments should a cancellation be made.
By signing this agreement, you agree that you will be recognized as an Newera Investments Affiliate, however even though you will receive a 50% commission you will not be recognized as a partner to Newera Investments whatsoever. Newera Investments, holds the right to terminate this agreement without any prior notice to you and should you have a balance owed to you, you will be paid out accordingly provided that the reason for your termination, didn’t involve violation to this said agreement.
You further agree that this agreement, is not an employment agreement and that you will be recognized as a sole contractor to Newera Investments, You will be paid for each successful sale made by you.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Commissions will only be earned through successful sales, provided that the client has made a payment into our direct bank account, you are not allowed to provide your direct banking details to any potential client while acting on behalf of Newera Investments and should you choose to do so, this will be regarded as fraudulent activities and Newera Investments holds the right to further investigate and seek legal advice, which could lead to prosecution.
Identifying yourself as a Newera Investments Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. 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 Newera Investments (Pty) Ltd 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).
Payment schedule
You will be paid by the 7th of each month, provided that each sale was successful. You will be given a weekly report of your total commissions and each successful sale made, you will have the opportunity to query your commissions payout within the next 7 days from the date of the report before you receive your next report. Commissions cutoff date will be the last day of the month and any new commissions earned after the last day will be paid out on the following months commissions.
Customer definition
Customers who buy products / Services through this Program 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 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 (Social Platforms), 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 / Service.
Your responsibilities for digital marketing
You will be solely responsible for the development, operation, and maintenance of your site (Social Platforms) and for all materials that appear on your site (Social Platforms). For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site 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 Special 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
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
1.1. Direct Marketing- As an Affiliate, you agree to promote Newera Investments in a manner that is consistent with our brand image and values.
1.2. You must not engage in any form of spamming, unethical marketing practices, or engage in any activity that may harm Newera Investments reputation.
1.3. You are responsible for the content you create and share as an Affiliate and must comply with all applicable laws and regulations.
1.4. You may not use your Affiliate status to obtain products or services from Newera Investments for personal use at a discount.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program 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 Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application 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://newerainvestments.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 Program. Newera Investments reserves the right to end the Program at any time. Upon program termination, Newera Investments will pay any outstanding earnings accrued above R250.
Termination
Newera Investments, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Newera Investments 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, illegal, or overly aggressive, questionable sales or marketing methods. Newera Investments 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/Social Platforms 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 Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, 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 Newera Investments will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
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.
Arbitration
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 state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the South African 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.
Miscellaneous
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 Newera Investments 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 Newera Investments and govern your use of the Service, superceding any prior agreements between you and Newera Investments (including, but not limited to, any prior versions of the Terms of Service).
