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Ecentive - Incentive Program Terms and Conditions

WEBSITE TERMS AND CONDITIONS

PARTICIPANT INCENTIVE PROGRAM TERMS AND CONDITIONS (“the Program”): TERMS AND CONDITIONS

WEBSITE: https://mtn.ecentive.co.za

1. INTERPRETATION

1.1. “Agreement” shall mean the Agreement set out in this document namely the terms and conditions of the Program;

1.2. “The Administrator” means E CENTIVE (Proprietary) Limited, registration number 2015/251281/07 a company duly registered and incorporated according to the company laws of the Republic of South Africa.;

1.3. “Support Centre” shall mean the Program call center managed by the Administrator on behalf of the Manufacturer which a Participant may call for purposes of support;

1.4. “Call Centre Agent” shall mean a telephonic sales call centre agent or representative who is responsible for selling Selected Products telephonically and who is registered and approved on the Portal;

1.5. “Cash-Out” means an action taken by a Participant to transfer monies from the Participant’s E-Wallet to the Participant’s Incentive Card by selecting the required option on the Portal;

1.6. “Communication" shall mean any communication by means of electronic transmission, including by website notice, telephone, fax, SMS, wireless computer access, email, mobile Application, USSD or similar technology or device;

1.7. “Incentive” means a monetary award that is paid to a Participant who sells Selected Product in terms of this Agreement;

1.8. “Incentive Card” shall mean the physical Program incentive card that allows a Participant to spend Incentives;

1.9. “E-Wallet”/ “Wallet” means a digital wallet allowing a participant to transact financially by electronic means, it can be used for mobile payments and/or digital wallet applications and/or for authentication of Participant’s details. The E-Wallet accumulates earned Incentive monies until the Participant requests a Cash-Out from E-Wallet to his/her Incentive Card;

1.10. “Manufacturer” any manufacturer or producer or supplier of Selected Products listed on the Portal;

1.11. “Participant" means an in-store Sales Consultant and/or Call Centre Agent who registers for the Program;

1.12. “Portal” shall mean this website, the details/description of which are/is set out above*** and/or the mobile application as the case may be;

1.13. “Sales Consultant” shall mean an in-store sales consultant or store representative, who is registered and approved on the Portal and who works in a participating store available on the Portal in which Selected Products are sold.

1.14. “Store Manager” shall mean an in-store manager who is registered and approved on the Portal and who works in a participating store available on the Portal in which Selected Products are sold.

1.15. “Sales Report” means a list with details of Selected Products sold in store via a point of sale system, which is received from store head office;

1.16. “Selected Product/s” shall mean the products which have been identified by Manufacturers for which Participants may receive Incentives in terms of this Agreement;

1.17. “Territory” shall mean the Republic of South Africa;

1.18. “Valid Claim” shall mean a claim submitted in respect of a Selected Product sold by a Participant which meets the requirements to be accepted as a valid claim in terms of the provisions of this Agreement;

1.19. “Portal Terms and Conditions” means the terms and conditions available at the website address/URL set out above***.

2. INTRODUCTION

2.1. The Program has been designed to promote the sale of Selected Products;

2.2. The Program allows a participant to earn an independent source of income in addition to other sources of income s/he receives;

3. ELIGIBILITY TO PARTICIPATE IN THE PROGRAMME

3.1. To be eligible to become a Participant in the Program a person must, at the time that s/he registers, be employed at one of the participating stores or call centre’s available on the Portal;

3.2. Participants must comply with any other eligibility or registration requirements set out by the Manufacturer from time to time by written notice;

3.3. Participants shall be based in the Territory for the Program to be available to them.

4. REGISTRATION

4.1. The terms and conditions of this Agreement and the Portal Terms and Conditions are applicable to Participants from the moment they register on the Portal and by registering on the Portal the Participant accepts all of such terms as valid and binding on him/her.

4.2. The following personal information is required in order to register for the Program:

4.2.1.Full name and surname;

4.2.2.ID number and proof of ID (for South Africans) or Passport number and photographic proof (for non-South African citizens),

4.2.3.Email address;

4.2.4.Mobile telephone number,

4.2.5.Proof of residence not older than three month’s displaying a physical address in the name of the Participant;

4.2.6.Employee number

4.2.7.Sales Code;

4.2.8.Valid SARS Tax Number; and

4.2.9.Any other information which is required on the Portal from time to time.

4.3. The Participant warrants that information provided by him/her is accurate and correct.

4.4. The Participant shall notify the Administrator in the event that their information changes and shall update changes of any of the information provided on the Portal within 3 (three) days of any changes occurring.

4.5. When a Participant registers, he or she agrees to receive Communication about the Program.

4.6. By registering as a Participant, the Participant agrees that it shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of services offered by the Administrator. The Participant shall notify the Administrator should the Participant discover any loss or unauthorised disclosure of information.

4.7. Any information or material sent to the Administrator will be deemed not to be confidential, unless otherwise agreed in writing by the Participant and the Administrator in writing.

4.8. In the event that a Participant’s account is inactive for 30 Calendar days, the account will be suspended and will require re-activation. The Participant is to contact the Support Centre should re-activation be required.

4.9. A Store Manager may only be registered to one store and only one Store Manager shall be allocated per participating branch.

4.10. It is the Store Manager's responsibility to request their owner/franchisee to confirm who the Store Manager is and which sales staff in the store should be linked to the Store Manager. Store Managers will not earn any manager portions if they are not linked to the correct staff. No back payment is allowed by OEMs. Store Managers will only earn from the date they are correctly linked to their sales staff. It remains the Store Manager’s responsibility to check their salesmen earnings & manager portions frequently to avoid non-payment.

4.11 Authorised wholesales, distributors and resellers do not form part of this Program.

5. E-WALLET/INCENTIVE CARD

5.1. In order to actively participate in the Program and receive Incentives, the Participant must register on the Portal as above and be registered on the Manufacturers Program, and if successful, the Participant will have access to E-Wallet and will receive an Incentive Card. The Participant will need to use the Incentive Card and E-Wallet to obtain the benefits of the Program;

5.2. Neither the Administrator nor the Manufacturer will be liable for theft or fraudulent use of the Incentive Card or E-Wallet.

6. CLAIMS

6.1. Claims can be made in terms of a manual or an automated process as determined by the Manufacturer.

6.2. MANUALLY LOADED CLAIMS

6.2.1.In order for a Participant to be eligible for an Incentive, and for a claim to be considered a Valid Claim, the Participant must upload all required information and supporting documents pertaining to the claim and pertaining to the relevant Selected Product sale relevant to such claim into the Portal.

6.2.2.If the claim does not meet the requirements of a Valid Claim, the Participant will not be eligible to receive an Incentive.

6.2.3.Claims must be submitted via the Portal with the following information to earn Incentives:

6.2.3.1. Transaction date;

6.2.3.2. Full invoice number;

6.2.3.3. IMEI / serial number of the Selected Product(s) sold;

6.2.3.4. Documentary proof of sale;

6.2.3.5. Product Image.

6.2.4.The Participant must ensure that all submissions via the Portal are correct and that such information provided in clauses 6.2.3.1 – 6.2.3.5 matches the information reflected on the documentary proof of sale (clause 6.2.3.4).

6.3. AUTOMATICALLY GENERATED CLAIMS

6.3.1.In order for a Participant to be eligible for an Incentive, and for a claim to be considered a Valid Claim, the Sales Report information received must correspond with all information pertaining to the Participant and pertaining to the Selected Product sale relevant to such claim.

6.3.2.If the claim does not meet the requirements of a Valid Claim, the Participant will not be eligible to receive an Incentive.

6.3.3.The following information is compared and/or verified to create claims:

6.3.3.1. Transaction date;

6.3.3.2. Invoice Number;

6.3.3.3. Participant Sales Code;

6.3.3.4. Participant Store; and

6.3.3.5. IMEI / serial number of the Selected Product(s) sold.

6.4. Processing of claims:

6.4.1.Upon receipt of a claim, the claim will be moderated over the next 24 working hours to confirm that the information provided by the Participant or generated from the Sales Report is correct and to verify the information is based on fact;

6.4.2.The Claim will either be afforded Valid Claim status or be rejected;

6.4.3.The status of the claim will be available to the Participant in his/her account profile within the Portal;

6.4.4.Should the claim be deemed a Valid Claim, the Participant will be paid the relevant Incentive which will reflect in his/her Wallet.

6.4.5.Should the claim be rejected, the Participant may appeal to the Support Centre to resolve any issues or lodge a dispute with the Support Centre within 7 (seven) days of the claim being determined as rejected;

6.4.6.In the event of a disputed claim, the Incentive will immediately be reversed pending resolution of the dispute in accordance with the Manufacturer’s determination communicated to the Participant by the Administrator. No further action will be required from the Administrator in these circumstances.

6.4.7.Should the Participant be unable to rectify the status of a claim which has not been approved as a Valid Claim within the 7 (seven) day period afforded, such claim shall lapse and be incapable of being revived, save as determined otherwise by the Administrator.

6.5. A claim may be rejected for inter alia any of the following reasons:

6.5.1.A discrepancy with regard to the date of the transaction submitted by the Participant on the Portal and the transaction date on the proof of sale;

6.5.2.A duplication of claims;

6.5.3.A discrepancy with regard to the store in which the Participant is registered on the Portal and the store recorded on the proof of sale or Sales Report;

6.5.4.A discrepancy between the IMEI number on the proof of sale and that which has been submitted by a Participant or an incorrect IMEI number having been submitted by the Participant;

6.5.5.The proof of sale not conforming with the standard invoices/proofs of sale generally supplied by the store;

6.5.6.In the event that the transaction is reversed or a replacement of one or more of the Selected Product(s) is done;

6.5.7.Where it is suspected on reasonable grounds that there is any occurrence of fraud or misrepresentation whether or not the Participant was a party to such fraud or misrepresentation.

6.5.8.Where this Agreement is breached by the Participant.

6.6. All claims at any stage (including after approval of a claim as a Valid Claim) may be audited by the Manufacturer and/or the Administrator or their nominees.

6.7. A claim will also go through an automated vetting process (e.g. checking for duplicate claims or invalid IMEI numbers or unusual activity) in order to support the manual verification of claims.

6.8. The Participant shall cooperate at all times with the auditors requests to provide information and/or assistance where requested. The Administrator reserves the right to conduct random audits on participants at any time.

6.9. The Participant shall be liable for an amount equal the value of a claim (or Valid Claim, as the case may be) should it be found that the Participant has:

6.9.1.Abused or misused the Program,

6.9.2.Intentionally duplicated claims,

6.9.3.Provided/submitted false information regarding a claim.

6.10. When in doubt, the Participant should contact the Support Centre for clarification.

6.11. The Participant will have no claim against the Administrator or its agents and/or the Manufacturer and/or its agents on account of late or lost claims due to internet failure, technical problems or any other cause.

6.12. The Administrator reserves the right to access the Participant’s Wallet and deduct amounts from rewards accrued therein in the event that fraud or misrepresentation is suspected on reasonable grounds.

6.13. The Administrator reserves the right to freeze the Participant’s account to audit and/or investigate the Participant’s conduct or any transactions/claims.

6.14. When an Incentive is paid to a Participant on a Product which is returned by a customer and processed through the system as a return, such incentive will be reversed and deducted from the Participant’s Wallet upon receipt of the relevant report(s) from the Manufacturer or the network.

6.15. Pooling of claims – submission claims under another Participant’s profile) without prior approval by the Administrator will be in contravention of this Agreement and will result in the values of the pooled claims reversed from their account. Any repeated offenses will result in the Participants disqualification from the Program.

6.16 OEM device sales transactions made in a retail stores expire after 14 days. Device sales older than 14 days are seen as expired and can not be claimed or queried.

6.27 OEM device sales transactions made in a Call Centre or EBU department expire 40 days after the end of the month the sale was made in. This is to allow reasonable time to gather waybills and compile the monthly reports by the department (where applicable). Device sales older than 40 days after the end of the month the sale was made in, are seen as expired and can not be claimed or queried.

7. INCENTIVE REWARDS

7.1. Once a claim has been approved as a Valid Claim, the reward will be credited into the Participant’s E-Wallet.

7.2. The Participant may then Cash-Out from his/her E-Wallet, to enable the Participant to have the chosen amount transferred to his/her Incentive Card or via a similar mechanism.

7.3. The transferable limits for reward transfers from the Wallet into the Incentive Card are:

7.3.1.R25,000 per month.

7.4. The balance on the Incentive Card may at no stage exceed R25,000 (twenty five thousand rand).

7.5. It is the Particiapnt's responsibility to manage the balance in his profile in line with the transferable limit. Should a participant receive more than the transferable limit in a month, a second card can be purchased from the Administrator for the cash-out of the received amount.

7.6 Should no transactions take place in the Wallet for a period of 30 (thirty) calendar days, the Wallet shall be regarded as inactive and the Participant must contact the Support Centre in order to reactivate the Wallet and re-access funds.

7.7. If required by applicable law, the Administrator may withhold funds from being Accessed by the Participant and use such funds to satisfy any legal obligation of the Administrator relating to the Incentive.

7.8. Use of the Portal and receipt of Incentive Rewards may give rise to various tax liabilities and have tax implications for the Participant: the Participant acknowledges that he/she is personally responsible for any tax liability which may arise as a result of the participation in the Program.

7.9. The incentive rewards received constitute ‘gross income’ as defined in section 1 of the Income Tax Act No 58 of 1962 and will, therefore be subject to income tax in the hand of the recipients. Participants shall be notified on the platform when a summary detailing the earnings for the previous tax period(s) will be available on the Portal.

7.10. It is the Participant’s duty to make the necessary submissions and disclose to the tax authorities (or any other applicable authority which the Participant may be subject to) information required by such authority (such as but not limited to participation and/or income earned). It is the Participant’s duty to deal directly with tax authorities (or any other applicable authority which the User may be subject to). The Administrator will not deal with any regulatory body or submit any information on behalf of Participants.

7.11. The Participant is responsible for obtaining his/her own tax advice independently.

7.12. The Participant agrees that it will not hold any Manufacturer or supplier of the Selected Products, the store, the Administrator and either of their affiliates liable and the Participant hereby fully indemnifies the Manufacturer or supplier of the Selected Products, the store, the Administrator and either of their affiliates, and holds the Manufacturer or supplier of the Selected Products, the store, the Administrator and either of their affiliates completely harmless, against all damages, claims and fines made against the Manufacturer or supplier of the Selected Products, the Participant, the store, the Administrator and either of their affiliates, including all legal costs, to the extent to which such damages, claims and fines arise out of or are connected to any taxation relating to the Participants receipt, accumulation, transfer or spend of Incentives.

7.13. The Participant agrees that the Administrator may claw back or deduct Incentives earned on the sale of Selected Products where it is determined at any stage even after claims have been vetted that:

7.13.1 Fraud has occurred in regard to a claim in respect of that Selected Product;

7.13.2 The Selected Product is a Blacklisted Item (meaning Products with IMEI’s determined by the Manufacturer to be untrustworthy as they may, inter alia, be grey imports, be reported as stolen, not be sold through legitimate channels);

7.13.3 The Selected Product is an unavailable IMEI (meaning that an incentive has already claimed on the Selected Product through other service provider; not for resale, promotional or demo products.);

7.13.4 The Selected Product is an Unavailable Product (meaning that including but not limited to: products upon which incentives have already been claimed against Manufacturers or in terms of previous incentive schemes; items that are not for resale, promotional items or demo products; products sold to other resellers; devices that have been awarded as prizes and/or tools of the trade; business to business sales (unless otherwise authorized));

7.13.5 In any event if there is an error in the claims process which results in a Participant receiving an Incentive Reward to which he /she is not entitled.

7.14. The Administrator may set off such clawed back claims against future claims or amounts that reflect in the E-Wallet or otherwise in its sole discretion, claim such amounts from the Participant.

8. TERMINATION

8.1. This Agreement shall terminate, without liability to the Participant or any third party, immediately upon the Program being discontinued or suspended for any reason and notification of such suspension or termination will be published on the Portal at least one month before termination or suspension.

8.2. The Administrator reserves the right, to cancel the Participants registration and terminate this Agreement on one month’s notice without reason and/or for convenience.

8.3. The Administrator is entitled without notice, in addition to any other remedy available to it at law or under this Agreement, including obtaining an interdict, to cancel this Agreement, limit or deny such Participant use of the Portal and/or delete the Participant from the Program and/or services and/or suspend the Participant’s use of the Portal and/or services, and/or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the Administrators right to claim damages, should any Participant:

8.3.1.Breach with any terms in this Agreement,

8.3.2.Provide any fraudulent or incorrect or incomplete information at any time,

8.3.3.Tamper with the Portal or use it in a manner for which it was not intended.

8.3.4.Be involved in any fraudulent conduct including perceived fraudulent conduct;

8.3.5.abuse the Portal or any aspect of the Program;

8.3.6.infringe any statute, regulation, ordinance or law.

8.3.7.in the sole discretion of the Administrator, use the Portal in an unauthorised manner.

8.4. The Administrator may deny registration on the Portal or terminate the Participant’s registration should a prospective participant or Participant conduct themselves in a manner in breach of this Agreement or prohibited by law.

8.5. The Administrator reserves the right to suspend or terminate, without notice, the Participants registration in the event that the Participant is no longer employed at the store that they are registered under or if their role at the store changes to the extent that they are no longer eligible to participate.

8.6. The Participant shall cease to be eligible to participate further in the Program if suspension or termination or cancellation occurs, unless otherwise determined by the Administrator;

8.7. The Administrator shall not be liable to the Participant or any third party for any loss or damages caused in the event of the cancellation or termination or suspension of the Program or for the suspension or termination or cancellation of any Participant’s participation in the Program.

8.8. Each remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law, by statute or otherwise. The election of any one or more remedy shall not constitute a waiver of the right to pursue any other remedy.

8.9. The Administrator reserves the right to take legal action and/or inform the Participant’s employer of any fraudulent activity on the Program.

8.10. Any Participant deleted from the Program or denied access to the Program due to fraud will be unable to re-join the Program.

9. SECURITY

9.1. The Participant undertakes that its log-in and password will not be disclosed to third parties and will be used solely for personal use, and that the Participant will take the necessary precaution of keeping such information safe.

9.2. The Participant is fully responsible for his/her log-in details and security question answers (used for Cashing Out of the E-Wallet) for the Portal and for his/her Incentive Card safe and secure.

9.3. the Administrator shall not be liable for any security breaches occurring on the Portal whatsoever, including by virtue of the negligence of the Administrator or its appointees.

9.4. The Administrator shall not be liable for any security breaches resulting from lack of virus protection or spyware that any Participant may have inadvertently installed on their device, or which may automatically install on the Participant’s device.

9.5. Any Participant who attempts to gain unauthorised access to any other Participant’s account on the Portal may be prosecuted and the Administrator reserves its rights to procure the institution of criminal proceedings against such person.

9.6. The Administrator shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of the Portal by the Participant or any third party who obtained any content from the Participant.

10. SELECTED PRODUCTS

10.1. A list of Selected Product’s will be made available on the Portal.

10.2. The Administrators rights are reserved to change the list of Selected Products and/or the pricing thereof from time to time as advised by the Manufacturer.

10.3. The Administrator makes no warrantees about the Selected Products whatsoever or the availability thereof.

10.4. Selected Products may vary from store to store and/or between participating Manufacturer’s and certain Selected Products may apply exclusively or apply only to certain stores or certain Participating Manufacturer’s.

10.5. It is the sole responsibility of the Participant to regularly acquaint him/herself with the incentive tables which are located on the Portal.

11. DATA PROTECTION

11.1. The Administrator follows stringent security procedures in the storage and disclosure of information which the Participant has provided for the purposes of prevention of unauthorized access to personal information. By law the Participant has certain rights to check and correct personal data relating to the Participant and to require personal data to be removed from the Administrators databases. The Participant is to kindly contact the Support Centre should it wish to exercise any of these rights.

11.2. The website terms of use which includes the privacy policy can be found on the Portal at the website address/URL detailed above***. The terms of the privacy policy apply to all use of the Portal.

11.3. By using the Portal and/or participating in the Program, the Participant authorises the Administrator to collect and use the Participant’s personal information and to share it with affiliates and third parties for purposes of administering the Program, as set forth below:

11.3.1. The Administrator will gather, use and share the Participants personal information (and/or will instruct its affiliates or third parties to do so) to facilitate the Participants registration, to track the Participants claims, to ensure that the Incentive Card is delivered to the Participant, to verify the details provided by the Participant, to ensure that Incentives are paid, if due and payable, to provide the Participant with updated information about Selected Products, for the purposes of keeping a database incentives paid and to comply with applicable laws.

11.3.2. The Administrator will not release participant information or data to any organization other than those that are actively involved in facilitating the Program including but not limited to the Participants employer (if applicable), the Manufacturer, networks or franchise stores .

11.3.3. To keep the Participants personal information provided to the Administrator accurate, up-to-date, and complete, the Participant is required to contact the Support Centre and the Administrator will take appropriate steps to update or correct such information once verified, or to delete the Participants information from its records once verified, subject to applicable laws prescribing that such information may not be deleted or destroyed. Should the Participant be found to have incorrect details, their account shall be automatically suspended until such time as the details are brought up to date and validated as per clauses 3 to 5 of this Agreement..

11.3.4. Participants consent to the collection, transfer, storage and procession of their personal information for the purpose of the Program in accordance with the provisions of this Agreement and the aforesaid privacy policy

11.3.5. The Administrator may disclose information concerning this Program and the Participant’s performance in relation thereto to the Administrator’s professional advisors in connection with tax audit, legal advise or investigations or related matters, in all cases provided such parties have a “need to know” such information and are subject to confidentiality restrictions.

12. The time periods for which the Administrator will keep the Participants information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring the Administrator to keep the Participants information, however, the Administrator will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.

13. None of these provisions shall be read as limiting the Administrator from disclosing information it is required to disclose or taking whatever actions required in terms of applicable law.

14. DOMICILIUM

14.1. The Administrator chooses its domicilium citandi et executandi for all notices, or correspondence at: Email address termsandconditions@ecentive.co.za

14.2. The Participant chooses its domicilium citandi et executandi as the physical address and/or email address provided in the registration on the Portal.

14.3. Any notice or correspondence published by the Administrator on the Portal shall constitute proper and effective notice and be deemed to be received by the Participant immediately upon publication.

15. JURISDICTION AND GOVERNING LAW

15.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.

16. WHOLE AGREEMENT

16.1. This Agreement (together with the policies of the Administrator and Portal Terms and Conditions) constitutes the entire Agreement between the Administrator and the Participants.

17. SEVERABILITY

17.1. If any provision of this Agreement is held to be invalid or unenforceable or contrary to any law for any reason, that provision is fully severable from the remaining provisions of this Agreement. Such invalid or unenforceable parts shall be considered pro non scripto.

18. GENERAL

18.1. Notwithstanding anything to the contrary contained in this Agreement, the Administrator may modify this Agreement at any time. Modifications will be displayed in the Portal and will be deemed to be binding on the Participant upon accessing the Portal. If a Participant does not agree to any of the terms and conditions of the Administrator, that Participant must immediately cease to participate in the Program and/or access the Portal and/or Website.

18.2. The provisions of these terms and conditions shall survive any termination in so far as this is reasonably necessary to give effect to the provisions thereof.

18.3. By registering for the Program the Participant agrees that he/she has read this Agreement, understands the contents thereof and considers him/herself to be bound by its terms and conditions.

18.4. Information regarding the Program that is published on authorized advertising material will also form part of the terms and conditions of the Program.

18.5. The Participants shall not directly or indirectly give, offer or promise to give or offer any money, gift, and or illegal gratification, or exert or utilize unlawful influence on public and private person(s) to induce or reward an improper performance of a function and/or obtain or retain business. In the event that the Participant does not abide with any of the herein mentioned obligations, the Administrator shall reserve the right to terminate the Participant from the Program immediately without any prior notice, in addition to any other remedies available to it at law and/or equity.

18.6. These provisions are to be read with and apply in conjunction with the Portal Terms and Conditions.