RUMBA INTERNET IS A DIVISION OF ZAZU INTERNET (PTY) LTD.

TO JOIN THE ZAZU AFFILIATE PROGRAM, YOU MUST BE AN INDIVIDUAL OVER THE AGE OF TWENTY ONE, A CLOSED CORPORATION (CC), SOLE PROPRIETOR, PTY LTD, OR ANY OTHER KIND OF LEGAL ENTITY RECOGNIZED BY SOUTH AFRICAN LAW AS A LEGAL PERSON.

YOU MAY NOT JOIN IF YOU DO NOT SATISFY THE REQUIREMENTS REFERRED TO IN THIS AGREEMENT. TO BE AN AUTHORIZED AFFILIATE, YOU MUST AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY BEFORE JOINING.

ZAZU/RUMBA Affiliate Program Agreement

In this agreement:
  1. "affiliate" means 'you', the party who registers to become an affiliate and/or any person using or accessing the Zazu affiliate program using your ID;
  2. "the affiliate program" means the rewards program as described in this document
  3. "the/or this agreement" means the conditions as set out in this document, terms and conditions as published on our website, our Acceptable Use Policy, e-mail policy and e-mail rules, Privacy policy, all other terms and conditions which we may, from time to time, impose in respect of the service, as amended and updated from time to time
  4. "Rumba Internet" means Zazu Internet (Pty) Ltd t/a Rumba Internet.
  5. "ZAZU/RUMBA" means Zazu Internet (Pty) Ltd t/a Rumba Internet.
  6. "Zazu" means Zazu Internet (Pty) Ltd and it's subsidiaries.
  7. "Rumba Interactive" means Lyan Enterprises cc (Reg No : CK2000/28853/23)
  1. Disclaimer

    This agreement should not be construed as an offer to conclude an agreement whereby the affiliate becomes a legal agent, representative, employee or principal of Zazu Internet (Pty) Ltd. or its subsidiaries, and entering into this agreement does not indicate a joint venture or partnership of any nature. The affiliate will not make any statement and or guarantees on behalf of Zazu Internet and will not present himself to be an agent, representative, principal or employee of Zazu, and Zazu shall not be bound in any manner by such contract, agreement, guarantee, statement or representation made by the affiliate. In the event that Zazu Internet (Pty) Ltd. shall become party to any suit, claim or demand by reason of this agreement or by any act or omission of the affiliate, the affiliate shall indemnify Zazu Internet (Pty) Ltd, it's subsidiaries, shareholders, directors, officers, and employees against any damages, claims, expenses, fines, penalties or losses, including, but not limited to legal costs on an attorney-client-scale incurred by Zazu Internet in connection with any such suit, claim or demand.

    We will employ reasonable efforts to ensure accuracy of reports and statistics of your affiliate account, but we do not guarantee that the information will be error free. We reserve the right to update and or amend any errors, omissions and or inaccuracies reflected on your account at any time after becoming aware of such. The affiliate shall have no claim to amounts reflected in the online reports section as commission due, unless verified at the time of payout and then only in line with this agreement.

    We make no express or implied warranties or representations with respect to the Zazu Website or the Zazu Affiliate Program (including, without limitation, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

     

  2. Participation in the Program

    You will submit and complete our Affiliate Program application from our site. After we carefully review your application, we will notify you of your acceptance or rejection to the Program. We may reject your application (at our sole discretion) if we feel your site is unsuitable or inconsistent with the mission of Zazu.

    We do not accept any defamatory sites, hacking sites, software copying/piracy, illegal, hate, or racial hate sites, adult, pornographic, or sites that link to adult oriented material whatsoever. Even though your application may be accepted, Zazu Internet may terminate this Agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the Program.

     

  3. Promotion of the Zazu Affiliate Program

    Upon your acceptance as an Affiliate Site, we will make available to you a variety of graphic and textual links (the "Links"), which, subject to the terms and conditions hereof, you may display as often and in as many areas of your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.

     

  4. Commission Structure

    • Zazu agrees to pay the Affiliate R10.00 per month (monthly in arrears) for a period of 6 (six) months for every first-time dial-up subscription referred from the affiliate's site and which results in a paying, signed-up-Zazu-subscriber.
    • No commission shall be payable if a visitor leaves the Zazu site without subscribing, or if the new account is cancelled within 60 days, or if the subscriber's debit order is returned unpaid or if the new account is fraudulent.
    • All subscribers referred by the affiliate are subject to approval by Zazu Internet.
    • Commission is paid on a monthly basis once your account has reached a minimum of R100.00 in commission payable. Accounts with a balance of less than R100.00 will continue to roll over to the next month until the threshold is reached.
    • The incentive is specific to first time subscribers, and no commission is payable for existing subscribers, or returning subscribers that were subscribers of Zazu Internet or any of it's subsidiaries within the previous 180 days.

  5. Affiliate Agrees To:

    • Place Zazu Links and banners on your site.
    • Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.
    • Ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site.
    • Indemnify, defend, and hold Zazu Internet harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.

  6. Confidentiality

    Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilised, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.

     

  7. Limitation of Liability

    Zazu Internet (Pty) Ltd. 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 Affiliate Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement. You agree to indemnify and hold Zazu and its agents harmless from any and all claims, losses, damages, judgments, expenses and costs (including client attorney fees and expenses) arising out of this Affiliate Agreement or the Affiliate Network.

     

  8. Limited License

    We grant you a nonexclusive, non-transferable, revocable right to access our site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in increasing Zazu account registrations. You may not alter, modify, or change the Links in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Zazu Affiliate Program. We may revoke your license anytime by giving you written notice.

     

  9. Termination

    The terms of this Agreement will begin upon acceptance of your application. This Agreement shall commence on the date of approval of your Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links to our site, and all Zazu trademarks, trade dress, logos and banners, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

     

  10. Policies and Pricing

    Customers who subscribe to Zazu Internet services through this Program will be deemed to be Zazu customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and Zazu subscriptions 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 services sold under this Program in accordance with our own pricing policies.

     

  11. Modifications

    We may modify any of the terms and conditions of this Agreement at any time. You will be notified by email, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.

     

  12. Representations and Warranties

    You hereby represent and warrant to us as follows:
    1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
    2. The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity.

  13. 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 Websites that are similar to or compete with your Website. You have independently evaluated your desirability of participating in the Zazu Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

     

  14. Fraud

    If you commit fraud or falsify information in connection with the registration of Zazu accounts through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to Zazu for any and all damages that Zazu suffers as a result of such actions. You will also be responsible for returning to Zazu all commissions received for fraudulent/falsified accounts, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.

     

  15. Anti-Predatory Advertising Policy

    Affiliates will be removed from the Zazu Affiliate Program and forfeit any pending commissions if they are utilising or distributing software downloads that potentially enable diversions of commission from other affiliates in our Program. Predatory advertising is defined as any method that creates or overlays links or banners on Websites, spawns browser windows, or any method invented to generate traffic from a Website without that Website owner's expressed, written permission.

     

  16. Email Compliance

    The affiliate agrees not to make use of SPAM mail in it's efforts to promote the Zazu services. The affiliate agrees to comply with the following email criteria:
    1. The affiliate may only sent mail to recipients who have expressly agreed directly with the affiliate, in advance, to receive such communications from the affiliate;
    2. The affiliate must clearly and conspicuously identify that the email-message is an advertisement or solicitation, unless recipient has given prior affirmative consent to receipt of the message. Affirmative consent means that the recipient expressly consented to receive the message either in response to a clear and conspicuous request for such consent or at the recipient's own initiative;
    3. The affiliate must clearly and conspicuously notify the recipient of the opportunity to decline to receive further commercial email from Affiliate;
    4. All emails must provide a valid physical postal address of Affiliate;
    5. The affiliate must provide a functioning return email address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the commercial email, a reply email or other Internet-based mechanism a request not to receive future commercial email from Affiliate. The return address or Internet-based mechanism must be capable of receiving such messages for at least thirty (30) days after the transmission of the original message. Affiliate may not send subsequent commercial emails more than ten (10) business days after the recipient's request not to receive further emails has been received (unless there is a subsequent affirmative consent by the recipient to receive such emails.) Once Affiliate receives such a request, Affiliate may not sell, lease, exchange or otherwise transfer or release the email address of the recipient.
    6. The message may not contain materially false or materially misleading header information, or deceptive subject heading.
    7. The message may not contain sexually oriented material.
    8. The affiliate may not initiate or assist in the transmission of commercial email using an email address: (1) that was collected through automated means; from a third party Website in violation of that third party's posted privacy policy, or (2) that was generated through automated means by combining names, letters or numbers into numerous permutations. Affiliate may not conduct fraudulent activities related to electronic mail, including but not limited to the material falsification of header or transmission information, the unauthorised use of someone else's computer to send bulk commercial email, and the registration of an email account that materially falsifies the identity of the actual registrant.
    9. Upon Zazu Internet's request, the affiliate shall provide Zazu with documentation demonstrating that the recipients consented to receive the email at issue.

  17. Public Statements

    You agree that we may identify you or Your Site as an Affiliate of the Program as long as you participate in the Program. We may make this identification orally, in writing or electronically.

     

  18. Reservation of Rights

    Zazu may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. Zazu also reserves the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.

All terms and conditions of the Zazu Affiliate Agreement remain in full force and effect.