The Affiliate Addendum is designed for use when companies operating under South African law wish to establish or modify affiliate marketing relationships within their existing contractual framework. This document type is particularly relevant when a company needs to supplement their main agreement with specific terms for affiliate marketing activities, including commission structures, performance metrics, and compliance requirements. The addendum ensures alignment with South African legislation, particularly the Electronic Communications and Transactions Act, POPIA, and Consumer Protection Act. It's commonly used in e-commerce, retail, and digital services sectors where businesses engage affiliate partners for marketing and sales activities. The document typically includes detailed provisions for commission calculations, marketing guidelines, data protection protocols, and compliance requirements specific to the South African market.
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1. Parties: Identification of the principal company and the affiliate partner
2. Background: Context of the addendum and its relationship to the main agreement
3. Definitions: Key terms used in the addendum, incorporating and supplementing definitions from the main agreement
4. Scope of Appointment: Details of the affiliate relationship and authorized activities
5. Commission Structure: Terms of payment, commission rates, and calculation methods
6. Affiliate Obligations: Core responsibilities and requirements for the affiliate
7. Marketing Guidelines: Rules for promotional activities and brand usage
8. Compliance Requirements: Legal and regulatory compliance obligations
9. Data Protection: POPIA compliance and data handling requirements
10. Term and Termination: Duration of the addendum and termination provisions
11. General Provisions: Standard legal clauses including governing law and jurisdiction
1. Exclusivity: Terms of exclusive arrangements, used when affiliate is granted exclusive rights in certain territories or sectors
2. Performance Targets: Specific KPIs and minimum performance requirements, included when performance-based conditions apply
3. Special Promotions: Terms for handling special promotional campaigns, included when regular promotional activities are anticipated
4. Technical Integration: Technical requirements and API usage terms, included when technical integration is required
5. Training Requirements: Specific training obligations, included when affiliate must complete certain training programs
6. Audit Rights: Extended audit provisions, included when additional oversight is required beyond main agreement terms
1. Commission Rates Schedule: Detailed breakdown of commission rates, tiers, and special rates
2. Approved Marketing Materials: List of pre-approved marketing materials and templates
3. Technical Requirements: Detailed technical specifications and integration requirements
4. Compliance Checklist: Specific compliance requirements and verification procedures
5. Territorial Restrictions: Detailed breakdown of geographical restrictions or exclusive territories
6. Reporting Templates: Standard formats for performance and commission reporting
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