1. OVERVIEW

    1. Secret skin owns and operates a website at Secret skin.co.za (“the Website”), where consumers can purchase Secret skin products (“Products”) online.
    2. The Secret skin Online Digital Partner Program (the “Program”) is a program under which participating stockists and retailers of Secret skin can participate in the online sales of Secret skin, by promoting our Website to its customers and/or visitors of its own websites as a digital partner.
    3. These Terms and Conditions set out the terms and conditions of your participation in the Program. No other sale of Secret skin Products in an online environment shall be permitted other than in terms of the Program.
    4. In these terms and conditions:
      1. All references to “Secret skin” shall mean a reference to Secret Skin (Pty) Ltd (2018/077984/07).
      2. “You” or “your” means the Secret skin Online Affiliation Partnership Applicant and/or Partner, as the case may be.
      3. “your website” or “your site” means any site and software application that you own or operate and link to the Secret skin Application and Secret skin Digital Partner Platform “D”. “our Website” or “our Site” means the Secret skin E-commerce website at Secret skin.co.za “E”. “our Platform” means the Secret skin Application Platform (DAP), which manages the Program.
      4. “We,” “us,” or “our” means Secret skin.
      5. “User” means visitors to your website or to our website or Secret skin account holders, as the context may indicate.
      6. “products” mean any Secret skin products sold on our website.
      7. “Content” means any product, product information, advertising and marketing material, trademark, brand, copyright, other intellectual property, domain name, Secret skin Digital Partner URL, data, images, text, links, applications and other linking tools, and any other information.
      8. “Stockist” or “Retailer” means any authorised retailer of Secret skin products that has signed the Retailer Standard Terms and Conditions with Secret skin.
      9. “Agreement” means the terms and conditions contained in this document.
    5. The Secret skin Digital Partner Program Terms and Conditions embodied in this document should be read in conjunction with the standard Consumer Terms and Conditions appearing on the Secret skin Website, as well as the Secret skin Retailer Standard Terms and Conditions.

  2. CONFIDENTIAL INFORMATION:

    1. “Confidential Information” includes all information, data, materials and knowledge which may be disclosed by Secret skin to the Secret skin Online Digital Partner in confidence, or which the Secret skin Digital Partner may learn about, concerning the products, Secret skin, or Secret skin’s Digital Partner and should reasonably understand to be confidential.
    2. Confidential Information includes, without limitation:
      1. Any information which concerns the formulae, ingredients, source of ingredients, recipes, specifications, manufacturing processes, or cost data for the manufacture and production of the Products.
      2. Performance and market testing of the Products.
      3. Company’s business plans.
      4. Wholesale or unpublished price lists of the Products.
      5. Knowledge of the sales, profit performance or other results of operations of Secret skin, including financial results.
      6. Results of customer and market surveys.
      7. Knowledge of supply relationships.
      8. Training manuals.
      9. This Agreement.

  3. DESCRIPTION OF THE PROGRAM:

    1. The purpose of the Program is to permit you to earn a percentage of sales of relevant Products sold through our Website, and/or to earn a percentage of sales generated through leads from your website.
    2. In order to facilitate your sale of and/or your promotion of products, we may make available to you Content in connection with the Program.

  4. QUALIFACTION AS A SECRET SKIN DIGITAL PARTNER:

    1. To qualify as a Secret skin Digital Partner the following criteria is required to be met
      1. Signed Secret skin Standard Terms and Conditions are required.
      2. You are required to be upholding the brand standard and representation.
    2. To become a Secret skin Digital Partner you are required to submit a application.
    3. In the application you are required to supply us with your website URL, email address, your name, surname and social handles to know where you will be advertising the Digital Partner program.
    4. If you’re applying on behalf of a corporate entity (like a closed corporation or a private company), you need to supply the registration details, VAT number (if registered) and contact details, as well as the relevant website details, and state that you have the legal authority to act on behalf of the corporate entity.
    5. We may reject your application, and do not have any obligation to supply any reason for the rejection.
    6. Please note that you are required to ensure that your email address and other contact information associated with your Affiliation are up to date.
    7. We may send notifications and other communications to your email address of record, and you will be deemed to have received all notifications, and product-related information sent to your email address of record.

  5. REGION:

    1. Only people and entities residing within the borders of South Africa may participate in the Secret skin Digital Partner Program.

  6. SCRIPTS AND LINKS ON YOUR WEBSITE:

    1. As a Secret skin Digital Partner, you may be required to display Specific Links and include Specific Scripts on your website.
    2. Specific Links permit the display of specific products.
    3. Specific Scripts ensure accurate tracking, reporting, and accrual of Secret skin Digital Partner commission.

  7. PROGRAM REQUIREMENTS:

    1. By becoming a Secret skin Digital Partner , you agree to comply with the Terms and Conditions set out in this Agreement.
    2. In addition to any other rights or remedies available to us, we may terminate this Agreement, at any time
    3. In addition, you consent to us:
      1. Sending you emails from time to time;
      2. Monitoring, recording, using, and disclosing information about your site and visitors to your site that we obtain in connection with your display of Specific Links and Specific Scripts.
  1. PRIVACY:

    1. Secret skin is required to take all reasonable steps to protect your personal information.
    2. For the ends of this clause, “”personal information”” is defined according to the details in the Promotion of Access to Information Act, number 2 of 2000 (PAIA).
    3. Secret skin is authorised to gather, store and use the following of your store or your therapist’s information:
      1. Name and surname
      2. Date of birth
      3. Sex
      4. Physical address of your store
      5. Non-personal click patterns
      6. Email address
      7. Telephone number of your store
      8. IP address, and
      9. ID or passport number
    4. The purposes for which we will use all information provided in terms of the Program are as follows:
      1. To greet and welcome you when you access the Website
      2. To inform you (if you have agreed to this) of facts regarding your access and use of the Website
      3. To inform you (if you have agreed to this) of competitions and promotions offered by Secret skin
      4. To set up non-personal statistics about internet habits, click patterns and access to the Website
      5. To verify your Digital Partner identity when the User makes a transaction through Secret skin.co.za
      6. To put you (if you have agreed to this) in contact with Users
    5. The above information is either gathered electronically through the use of cookies, or provided by you voluntarily. You can regulate the use of cookies independently with your personal search engine settings.
    6. You can choose to not receive any direct marketing information from Secret skin.
    7. Secret skin is entitled to gather, store, compile and share any information gained from you, subject to the following conditions
      1. Secret skin may not make any of your personal details public unless you have agreed to it, or unless it is required for the purposes of any judicial process.
      2. Secret skin may compile, use and share any information that has no bearing on any particular individual, and Secret skin owns and reserves the right to non-personal statistical information gathered and complied by Secret skin.

  2. ORDER PROCESSING:

    1. We will process Product orders placed by Users who follow Specific Links from your site to the Secret skin Website.
    2. We reserve the right to reject orders that do not comply with any requirements on the Secret skin Website, as they may be updated from time to time.
    3. We will track Purchases for reporting and Secret skin Digital Partner commission pay out accrual purposes and will make available to you reports summarising these commission pay outs.

  3. COMMISSION PAY OUT SCHEDULE:

    1. Referral commission through own website
      1. Where a Secret skin Digital Partner promotes Secret skin on a non-selling website or social media site, the Secret skin Digital Partner will earn 5% commission when a referral comes through your Specific Link – results in a purchase on the Secret skin Website.
    2. Referral commission without a digital presence
      1. Once a Secret skin Digital Partner is registered a unique URL will be generated, which the Secret skin Digital Partner can use in promotional and marketing material.
      2. Where a Secret skin Digital Partner promotes Secret skin on any medium other than digital, the Secret skin Digital Partner will earn 5% commission when a referral through your Secret skin Digital Partner URL results in a purchase on the Secret skin Website.
      3. For instance, the Secret skin Digital Partner can print this URL on treatment menus, loyalty cards or invitations to events. Secret skin Digital Partner Users must use the unique URL when making a purchase through the Secret skin Website.
    3. All commission pay out methods mentioned above will be based on purchases made by the user excluding VAT.
    4. Commission pay outs will take place once a month, at the 5th of each month, when your total commission pay-out has reached the R1000 threshold.

  4. POLICIES AND PRICING:

    1. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, product sales and product returns set forth on the Secret skin Website will apply to all customers, and we reserve the right to change them at any time.

  5. VOUCHERS:

    1. Secret skin may also release printed or digital vouchers and/or promotion codes and/or coupons (“vouchers”), from time to time, that will be redeemable against purchases in your store.
    2. Any such vouchers may be redeemed only in store and only as long as they are valid.
    3. Any purchases and transactions made with any Digital Partner remains strictly between the User and theDigital Partner, irrespective of whether a voucher obtained from Secret skin is used or not.

  6. CONTENT AND LIMITED LICENSES:

    1. Upon acceptance of your Program application, we grant you a limited, revocable, non-transferable, non-exclusive, royalty-free license to
      1. Use, copy and display the Content, including the Secret skin trademarks and associated texts, solely for the purpose of describing your Digital Partner status and linking to the Website in order to assist in generating sales of Secret skin Website Products, and only on sites owned and operated by you, the Secret skin Digital Partner.
      2. Use only those of our Content that we make available to you.
    2. You may not
      1. Use any Content if your Digital Partner application has not been accepted.
      2. Remove or change any elements of the Content as provided.
      3. Use the Content for any purpose other than as expressly authorised in these Terms and Conditions.
    3. By linking to the Website, Secret skin does not sponsor nor endorse you, your websites, or your business in any way.
    4. Upon acceptance of your Program application, you grant to us a limited, revocable, non-transferable, non-exclusive, royalty-free license to use, copy and display your domain name, website URL, trademarks and logos, purely for purposes of giving effect to the terms of this agreement.

  7. RESERVATION OF RIGHTS AND SUBMISSIONS:

    1. We reserve all right, title and interest, including all intellectual property and proprietary rights, to the following:
      1. Program
      2. Specific Links
      3. Specific Scripts,
      4. Link Formats
      5. Content
      6. Any domain name owned or operated by us or our Digital Partners
      7. Operational Documentation
      8. Our and our Digital Partners’ trademarks and logos (including the Secret skin Collateral)
      9. Any other intellectual property and technology that we provide or use in connection with the Program (including any application program interfaces, software development kits, libraries, sample code, and related materials)
    2. You are not permitted to purchase search engine key words or domain names which contain, but not limited to, the following words:
      1. Secret skin
      2. Secret skin South Africa
      3. Korean skincare

  8. COMPLIANCE WITH LAWS AND REGULATIONS:

    1. In order to qualify for the Secret skin Digital Partner program, and to retain membership to the Secret skin Digital Partner Program, you are required to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws that govern marketing email (including, but not limited to the Electronic Communications and Transactions Act, 2002, Consumer Protection Act, 2008 and the Protection of Personal Information [POP]) Act, 2013 ).

  9. TERM AND TERMINATION:

    1. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us in accordance with Clause 16.2 below.
    2. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party 14 days written notice of termination, via email, to the address specified in this agreement or your application form, as the case may be.
    3. Upon termination of this Agreement
      1. You shall, unless otherwise authorised by Secret skin in writing, cease all further use of all Content and remove any references and links to the Website, in whatever manner, which you might have previously been authorised to use in terms of this Agreement;
      2. Your Digital Partner status will be de-activated and you will no longer be recognised as being the source of any Website sales, irrespective of whether or not you physically remove any links to the Website.
      3. Secret skin will credit your Secret skin account with any Commission still due to you under this Agreement.

  10. MODIFICATION:

    1. We may modify any of the terms and conditions contained in this Agreement (and any Operational Documentation) at any time, and in our sole discretion, by sending such a notice to you via email.
    2. You will be responsible for reviewing such changes and ensuring that same are acceptable to you.
    3. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and to stop acting as a Secret skin Digital Partner.
    4. By continuing to act as a Digital Partner, you will be bound to this Agreement, as amended.

  11. RELATIONSHIP OF PARTIES:

    1. Nothing in this Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective Digital Partners.

  12. LIMITATION OF LIABILITY:

    1. We will not be liable for indirect, incidental, special, consequential, or exemplary damages (including any loss of revenue, profits, goodwill, use, or data) arising in connection with this the “agreement”, the program, operational documentation, the Secret skin Website, or the service offerings.

  13. DISCLAIMERS:

    1. Secret skin will not be liable to you or any third party for any loss or damages howsoever arising from this agreement.
    2. Secret skin makes no guarantee on the availability, accuracy or completeness of the content on the Website.
    3. Secret skin provides no guarantee that the content, or technology attached to the Website is free from errors or omissions.
    4. Secret skin cannot guarantee that service will be 100% uninterrupted or faultless. If you experience or become aware of any malfunction or error, please ensure that this is reported to info@Secret skin.co.za immediately.
    5. You specifically agree that Secret skin shall not be responsible for non-authorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the service.
    6. Secret skin makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose.
    7. Secret skin and its services are provided “as is” without warranty of any kind.
    8. Secret skin may discontinue any service offering, or may change the nature, features, functions, scope, or operation of any service offering, at any time and from time to time.
    9. No advice or information obtained by you from us or from any other person or entity or through the program, content, operational documentation, the Secret skin Website, or the Secret skin Digital Partner Program will create any warranty.
    10. Secret skin will not be responsible for any compensation, reimbursement, or damages arising in connection with any loss of prospective profits or revenue, anticipated sales, goodwill, or other benefits, any investments, expenditures, or commitments by you in connection with this Agreement or your participation in the program, or any termination of this Agreement or your participation in the program.
    11. Secret skin will also not be liable for any of the following:
      1. Any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website and its services, or related websites or arising out of the Digital Partner Program.
      2. Any consequence of any delay or inability to use the Website and its services or related web sites.
      3. The provision of or failure to provide services to you or third parties.
      4. Or for any information, software, products, services and related graphics obtained through the Website or the Program services.
      5. Or otherwise arising out of the use of the Website or Program services.
      6. Whether based on contract, tort, negligence, and strict liability or otherwise, even if Secret skin, you or third parties have been advised of the possibility of damages.

  14. DISPUTES:

    1. Any dispute relating in any way to the Program or this Agreement will be resolved by binding arbitration, rather than in court.
    2. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights.

  15. AGREEMENT

    1. If this “Agreement” is being agreed to by a company or other legal entity, then the person acting on behalf of that company or entity hereby represents and warrants that he or she is authorised and lawfully able to bind that company or entity to this Agreement.