Business Terms & Conditions

EarnLink is a referral and ambassador marketing platform that allows businesses to list products or services and allows approved users, creators, ambassadors, customers, community members, and other promoters to share those products or services through trackable links.

EarnLink enables businesses to access referral-based marketing opportunities, track leads or sales generated through ambassadors, and manage commission-related obligations through the platform.

EarnLink is a technology platform. EarnLink is not the seller, supplier, manufacturer, service provider, employer, agent, or representative of the Business, unless expressly agreed in writing.

In these Terms, unless the context indicates otherwise:

“Ambassador” means any user, creator, promoter, influencer, customer, community member, or other person who promotes a Business’s listed product or service through EarnLink.

“Business”, “you”, or “your” means the business, company, close corporation, sole proprietor, partnership, organisation, or person registering or using EarnLink to list products or services.

“Confirmed Sale” means a sale, lead, booking, transaction, enquiry, conversion, or other qualifying event that has been confirmed through EarnLink, whether manually by the Business, automatically by EarnLink, or by expiry of the dispute period.

“Commission” means the amount payable in respect of a Confirmed Sale or qualifying transaction generated through an Ambassador’s referral link, code, or tracked referral activity.

“Customer” means the end user, buyer, client, lead, or person who interacts with, purchases from, or enquires with the Business through EarnLink or an Ambassador referral.

“EarnLink”, “we”, “us”, or “our” means the operator of the EarnLink platform.

“Platform” means the EarnLink website, software, dashboard, referral tracking system, marketplace, and related services.

“Platform Fees” means any fees payable to EarnLink, including subscription fees, transaction fees, commission handling fees, listing fees, service fees, administrative fees, or any other fees displayed on the Platform or agreed in writing.

“Subscription Plan” means the plan selected by the Business that determines access to EarnLink features, limits, listings, campaigns, support, reporting, or other functionality.

By registering a Business account, selecting a Subscription Plan, creating a listing, using EarnLink, or allowing any person to use EarnLink on your behalf, you confirm that:

• You have read and understood these Terms.
• You agree to be bound by these Terms.
• You have authority to bind the Business to these Terms.
• All information provided to EarnLink is accurate and complete.
• You will comply with all applicable laws, regulations, tax obligations, consumer protection requirements, and advertising standards.

If you do not agree to these Terms, you may not register, create listings, or use EarnLink as a Business.

To use EarnLink as a Business, you may be required to create an account and provide information including your business name, registration details, contact information, billing details, products or services, industry, payment details, and any other information requested by EarnLink.

You are responsible for maintaining the confidentiality of your login details and for all activity that occurs under your account.

EarnLink may request verification documents or additional information at any time. EarnLink may refuse, suspend, or terminate a Business account if information is incomplete, inaccurate, misleading, fraudulent, or not provided when requested.

The person registering the Business confirms that they are authorised to act on behalf of the Business and to accept these Terms.

The Business is responsible for all actions taken by its owners, directors, members, employees, representatives, contractors, administrators, or authorised users on the EarnLink account.

Any instruction, listing, campaign, sale confirmation, commission approval, dispute, or account action made through the Business account will be treated as authorised by the Business.

EarnLink charges Businesses a subscription fee based on the Subscription Plan selected by the Business.

The Subscription Plan may determine, among other things:

• The number of products or services the Business may list.
• The number of active campaigns.
• Access to Ambassador features.
• Access to reporting and analytics.
• Lead or sales tracking functionality.
• Support level.
• Platform usage limits.
• Additional tools, dashboards, or premium features.

Subscription fees, plan benefits, billing cycles, and payment terms will be displayed on the Platform or communicated to the Business.

By selecting a Subscription Plan, the Business agrees to pay the applicable subscription fee for that plan.

EarnLink may update, change, add, remove, or discontinue Subscription Plans from time to time. Any material changes to active paid plans will be communicated where reasonably practical.

Subscription fees are payable according to the selected billing cycle, which may be monthly, annually, or another period shown on the Platform or agreed in writing.

If subscription fees are not paid when due, EarnLink may:

• Suspend the Business account.
• Limit access to features.
• Pause or remove listings.
• Disable Ambassador referral links.
• Restrict access to analytics or reports.
• Prevent new campaigns from being created.
• Withhold publication of listings.
• Terminate the Business account.

Non-payment of subscription fees does not remove or reduce the Business’s obligation to pay any Commissions, Platform Fees, transaction-related amounts, or other fees already due.

The Business may list products, services, offers, campaigns, promotions, or opportunities on EarnLink, subject to the applicable Subscription Plan and Platform rules.

The Business is solely responsible for ensuring that all listings are accurate, lawful, current, complete, and not misleading.

Each listing or campaign should clearly state, where applicable:

• Product or service details.
• Price or pricing structure.
• Availability.
• Commission amount or percentage.
• What qualifies as a sale, lead, booking, or conversion.
• Any exclusions.
• Refund or cancellation conditions.
• Promotional restrictions.
• Approval requirements.
• Attribution period.
• Any special campaign terms.

EarnLink may review, reject, edit, suspend, or remove any listing that it considers inappropriate, unlawful, misleading, incomplete, high-risk, harmful to EarnLink’s reputation, or inconsistent with these Terms.

The Business is responsible for the accuracy of all information uploaded, submitted, displayed, or communicated through EarnLink. This includes:

• Product descriptions.
• Service descriptions.
• Prices.
• Images.
• Brand names.
• Stock availability.
• Commission rates.
• Customer terms.
• Delivery terms.
• Refund policies.
• Promotional conditions.

EarnLink is not responsible for any loss, complaint, refund, dispute, or claim arising from incorrect or misleading information provided by the Business.

The Business may set commission rates for listed products or services, subject to the functionality available under its Subscription Plan. Commission rates may be set as:

• A fixed amount.
• A percentage of sale value.
• A lead fee.
• A booking fee.
• A campaign-specific amount.
• Any other structure supported by EarnLink.

Commission rates may be changed for future transactions only. A Business may not change commission rates retrospectively to avoid paying Commission on referrals, clicks, leads, bookings, sales, or transactions generated before the change became effective.

If a Commission rate was displayed or active at the time an Ambassador generated a qualifying referral, the Business remains bound by that Commission rate unless otherwise agreed or unless a valid dispute applies under these Terms.

EarnLink provides trackable referral links, codes, records, or other attribution tools to help identify which Ambassador generated a lead, sale, booking, or transaction.

EarnLink’s tracking, attribution, reporting, and transaction records will be treated as the primary record for determining referrals, clicks, leads, sales, conversions, Commissions, and Platform Fees, unless the Business provides clear evidence of a material error.

Unless otherwise stated in a specific campaign, the default attribution period is 30 calendar days from the date of the tracked click, referral, lead submission, or other qualifying referral activity.

If a Customer introduced through EarnLink completes a purchase, booking, enquiry, or qualifying transaction within the applicable attribution period, that transaction may be attributed to the relevant Ambassador.

A sale, lead, booking, enquiry, or transaction may become confirmed when:

• The Business manually confirms it on EarnLink.
• The Customer has paid the Business.
• The Business has accepted the lead or booking.
• The product has been delivered.
• The service has been provided.
• The Business has verified the Customer or transaction.
• EarnLink verifies the transaction.
• The Business does not dispute the transaction within the applicable dispute period.
• Any other confirmation event occurs as stated in the relevant campaign or listing.

Unless otherwise agreed, the Business will have 3 business days from notification of a pending sale, lead, booking, or transaction to dispute it.

If the Business does not dispute the transaction within this period, EarnLink may treat the transaction as a Confirmed Sale.

Once a sale, lead, booking, transaction, or other qualifying event is confirmed, the Business becomes liable for the applicable Commission and any related Platform Fees.

The Business must pay EarnLink all amounts due in respect of Confirmed Sales within 7 calendar days after confirmation.

A Confirmed Sale creates a binding payment obligation. The Business may not opt out of, reverse, avoid, refuse, delay, or withhold payment on a Confirmed Sale except where a valid dispute, refund, cancellation, chargeback, duplicate transaction, fraud claim, or other adjustment is accepted by EarnLink in accordance with these Terms.

The Business acknowledges and agrees that Ambassador trust depends on reliable commission tracking and payment.

Accordingly, once a sale, lead, booking, or qualifying transaction is confirmed, the Business may not opt out of paying the applicable Commission or Platform Fees. The Business may not refuse payment merely because:

• It no longer wishes to continue the campaign.
• It changed its mind about the Commission rate.
• It wants to cancel its EarnLink account.
• It has reached an internal marketing budget limit.
• It has a separate arrangement with the Customer.
• It later contacted the Customer directly.
• The transaction was completed outside the Platform after introduction through EarnLink.
• The Ambassador is no longer active on EarnLink.

Termination, cancellation, or suspension of the Business account does not affect payment obligations for Confirmed Sales or amounts already due.

EarnLink may invoice the Business for:

• Subscription fees.
• Confirmed Ambassador Commissions.
• Platform Fees.
• Transaction fees.
• Administrative fees.
• Other fees displayed on the Platform or agreed in writing.

Unless otherwise stated, invoices are payable within the period shown on the invoice or within the payment period specified in these Terms.

EarnLink may require payment by electronic funds transfer, card payment, wallet balance, debit order, online payment gateway, or any other payment method made available by EarnLink.

Unless otherwise agreed, the Business pays EarnLink, and EarnLink is responsible for administering Ambassador payouts according to its payout rules.

EarnLink may pay Ambassadors only after the Business has paid EarnLink and the relevant transaction is no longer subject to dispute, cancellation, refund, chargeback, or verification checks.

EarnLink may delay, withhold, reverse, or adjust Ambassador payouts where fraud, error, non-payment, dispute, refund, chargeback, or breach of these Terms is suspected.

If a Customer refund, cancellation, failed payment, or chargeback occurs before a transaction is confirmed, the transaction may be rejected and no Commission may be payable.

If a refund, cancellation, failed payment, or chargeback occurs after confirmation, EarnLink may, at its discretion:

• Reverse the Commission.
• Offset the amount against future Commissions.
• Adjust future invoices.
• Deduct the amount from future amounts payable.
• Request repayment from the Ambassador where already paid.
• Maintain the Commission if the refund resulted from the Business’s own fault, failure, or decision.

The Business must provide reasonable supporting evidence for any refund, cancellation, or chargeback claim.

EarnLink may reject unsupported, unreasonable, late, abusive, or bad-faith refund and cancellation claims.

The Business may dispute a pending transaction only for a valid reason, including:

• The Customer did not pay.
• The Customer cancelled before completion.
• The transaction was duplicated.
• The lead was fraudulent.
• The Ambassador breached campaign rules.
• The Customer was already an existing active lead before the EarnLink referral.
• The transaction was incorrectly attributed.
• A refund or chargeback occurred.
• The transaction did not meet the campaign qualification criteria.

The Business must submit disputes within the required dispute period and must provide supporting evidence.

EarnLink may accept, reject, or request additional information regarding any dispute.

EarnLink’s decision on attribution, confirmation, rejection, Commission, or dispute outcome will be final, unless there is clear evidence of material error.

If the Business does not pay amounts due within the required period, EarnLink may, without prejudice to any other rights:

• Suspend the Business account.
• Pause or remove listings.
• Disable referral links.
• Prevent new Ambassador activity.
• Restrict dashboard or reporting access.
• Suspend campaign visibility.
• Charge interest where lawful.
• Recover reasonable collection, administrative, or legal costs.
• Require prepayment before any future campaign is activated.
• Terminate the Business account.

Late payment does not affect the Business’s obligation to pay all amounts due.

EarnLink may require the Business to pre-fund its account, maintain a wallet balance, pay a deposit, or use prepaid campaign credits before listings or campaigns are activated.

EarnLink may apply prepaid amounts to subscription fees, Commissions, Platform Fees, or other amounts due.

EarnLink may require prepayment from new Businesses, high-risk Businesses, Businesses with previous late payments, or Businesses running high-volume campaigns.

The Business may not bypass, avoid, or circumvent EarnLink to avoid paying Commissions or Platform Fees.

If a Customer, lead, sale, booking, or business opportunity is introduced, referred, tracked, or attributed through EarnLink, any resulting transaction within the applicable attribution period remains commissionable. The Business may not:

• Ask Ambassadors to promote outside EarnLink to avoid tracking.
• Ask Customers to complete purchases outside tracked links to avoid Commission.
• Contact referred Customers directly to avoid EarnLink fees.
• Create duplicate campaigns to avoid existing Commission obligations.
• Change payment or booking processes to defeat tracking.
• Misrepresent the origin of leads or sales.
• Delay confirmation to avoid payment.
• Cancel and recreate transactions to avoid Commission.

If EarnLink reasonably suspects circumvention, it may suspend the Business account, confirm the relevant transactions, charge the applicable Commissions and Platform Fees, and take further action available under these Terms or applicable law.

EarnLink may allow campaigns to be:

• Open to all eligible Ambassadors.
• Subject to Business approval.
• Subject to EarnLink approval.
• Invite-only.
• Limited to certain categories, regions, or Ambassador profiles.

The Business may approve or reject Ambassadors where the Platform supports this functionality.

EarnLink may approve, reject, suspend, or remove Ambassadors from campaigns where required to protect the Platform, Customers, other users, or the Business.

Ambassadors are independent users. They are not employees, agents, partners, or representatives of EarnLink or the Business.

EarnLink may publish Ambassador rules, promotional guidelines, or campaign-specific requirements.

The Business may report Ambassador conduct that it believes is misleading, unlawful, offensive, harmful, fraudulent, or inconsistent with campaign rules.

EarnLink may investigate reported conduct but is not liable for the independent actions, statements, omissions, or promotional methods of Ambassadors.

The Business acknowledges that Ambassadors are independent and may use their own style, voice, audience, and promotional approach, subject to campaign rules and Platform policies.

The Business may provide logos, images, product descriptions, videos, marketing materials, discount information, brand guidelines, and other promotional content.

The Business grants EarnLink a non-exclusive, worldwide, royalty-free licence to use, display, reproduce, adapt, publish, and make available such materials for the purpose of operating, promoting, and displaying the Business’s listings, campaigns, and offers on EarnLink.

The Business warrants that it owns or has permission to use all materials provided and that such materials do not infringe any third-party rights.

All rights in the EarnLink platform, software, brand, design, logos, source code, workflows, systems, databases, reports, dashboards, and related intellectual property remain owned by EarnLink or its licensors.

The Business may not copy, reproduce, reverse engineer, scrape, duplicate, modify, resell, or exploit any part of the Platform except as expressly permitted by EarnLink.

The Business retains ownership of its own business name, logo, trademarks, content, and materials, subject to the licence granted to EarnLink under these Terms.

The Business remains solely responsible for its Customers and for all products and services it offers. This includes responsibility for:

• Product quality.
• Service delivery.
• Pricing.
• Stock availability.
• Customer support.
• Delivery and fulfilment.
• Refunds.
• Returns.
• Warranties.
• Complaints.
• Tax invoices.
• Consumer protection compliance.
• Regulatory compliance.
• Health, safety, licensing, and professional requirements.

EarnLink is not responsible for the Business’s products, services, Customers, fulfilment, refunds, warranties, or legal obligations.

EarnLink may prohibit or restrict certain products, services, industries, or campaigns.

The Business may not list products or services that are unlawful, misleading, unsafe, fraudulent, harmful, infringing, discriminatory, or damaging to EarnLink’s reputation.

EarnLink may remove or suspend any listing at its discretion if it considers the listing inappropriate, high-risk, unlawful, or unsuitable for the Platform.

The Business may receive or access Customer, Ambassador, lead, or transaction information through EarnLink.

The Business must use such information only for legitimate business purposes related to the relevant enquiry, sale, booking, or campaign.

The Business may not sell, misuse, disclose, spam, or unlawfully process Customer or Ambassador information.

The Business must comply with all applicable privacy, data protection, electronic communications, and consumer protection laws.

EarnLink may process account, Customer, Ambassador, transaction, usage, and tracking data for the purpose of operating the Platform, providing services, improving functionality, preventing fraud, resolving disputes, and complying with legal obligations.

The Business is responsible for all taxes, levies, duties, filings, invoices, declarations, and obligations arising from its products, services, sales, revenue, Commissions, and use of EarnLink.

EarnLink is not responsible for determining the Business’s tax obligations.

Where applicable, EarnLink may add VAT or other taxes to its invoices in accordance with applicable law.

The Business is responsible for issuing any required Customer invoices, receipts, tax invoices, or statutory documentation relating to the sale of its own products or services.

The Business may receive confidential information relating to EarnLink, Ambassadors, Customers, campaigns, pricing, reports, software, business processes, or Platform functionality.

The Business must keep such information confidential and may not disclose it to third parties except as required for lawful business purposes or as required by law.

This obligation continues after the Business stops using EarnLink.

EarnLink will use reasonable efforts to keep the Platform available and functioning.

However, EarnLink does not guarantee that the Platform will always be uninterrupted, error-free, secure, or available.

EarnLink may perform maintenance, updates, changes, suspensions, or interruptions from time to time.

EarnLink will not be liable for loss arising from downtime, technical errors, third-party service failures, internet issues, payment gateway issues, hosting issues, software bugs, or interruptions beyond its reasonable control.

EarnLink may modify, update, improve, replace, remove, suspend, or discontinue any part of the Platform, including features, dashboards, tracking methods, Subscription Plans, fees, reporting tools, listings, and campaign functionality.

EarnLink may also update these Terms from time to time.

Continued use of the Platform after changes become effective will constitute acceptance of the updated Terms.

EarnLink may suspend or terminate the Business account, listings, campaigns, or access to the Platform if the Business:

• Fails to pay amounts due.
• Breaches these Terms.
• Provides false or misleading information.
• Attempts to circumvent EarnLink.
• Misuses Customer or Ambassador data.
• Lists prohibited or unlawful products or services.
• Receives repeated complaints.
• Damages or may damage EarnLink’s reputation.
• Engages in fraud, abuse, or unlawful conduct.
• Creates risk for EarnLink, Ambassadors, Customers, or other users.

The Business may stop using EarnLink or cancel its account subject to any applicable Subscription Plan terms, billing obligations, notice periods, and outstanding payment obligations.

Termination does not affect any amounts already due, including subscription fees, Commissions, Platform Fees, late payment charges, or other accrued obligations.

To the maximum extent permitted by law, EarnLink will not be liable for:

• Loss of profits.
• Loss of revenue.
• Loss of business.
• Loss of goodwill.
• Loss of data.
• Indirect or consequential damages.
• Customer disputes.
• Ambassador conduct.
• Failed sales.
• Platform downtime.
• Third-party service failures.
• Incorrect information provided by the Business.
• Refunds, cancellations, or chargebacks relating to the Business’s products or services.

EarnLink’s total liability to the Business for any claim arising from the Platform will be limited to the subscription fees paid by the Business to EarnLink in the 3 months immediately preceding the event giving rise to the claim, unless otherwise required by law.

The Business indemnifies and holds EarnLink harmless against all claims, losses, damages, liabilities, penalties, costs, and expenses arising from:

• The Business’s products or services.
• Customer complaints.
• Refunds, returns, warranties, or fulfilment failures.
• Incorrect or misleading listings.
• Breach of these Terms.
• Breach of applicable law.
• Intellectual property infringement.
• Misuse of Customer, Ambassador, or Platform data.
• Tax obligations.
• Fraud, negligence, or misconduct by the Business or its representatives.
• Any claim that EarnLink becomes involved in due to the Business’s conduct, listings, products, services, or Customers.

EarnLink, the Business, and Ambassadors are independent parties.

Nothing in these Terms creates an employment relationship, agency relationship, partnership, joint venture, franchise, or representative relationship between EarnLink and the Business, or between the Business and any Ambassador.

No party may bind another party unless expressly authorised in writing.

EarnLink may communicate with the Business through email, dashboard notifications, WhatsApp, telephone, invoices, or notices displayed on the Platform.

The Business is responsible for ensuring that its contact details remain accurate and up to date.

A notice sent to the Business’s registered email address or displayed in the Business dashboard will be treated as received unless proven otherwise.

These Terms are governed by the laws of the Republic of Namibia.

The Business agrees to submit to the jurisdiction of the competent courts of Namibia in respect of any dispute arising from these Terms or the use of EarnLink.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply.

Failure by EarnLink to enforce any right under these Terms does not constitute a waiver of that right.

The Business may not transfer or assign its rights or obligations under these Terms without EarnLink’s prior written consent.

EarnLink may assign, transfer, or subcontract its rights or obligations where reasonably required for business, operational, restructuring, or legal purposes.

For questions regarding these Business Terms and Conditions, please contact:

EarnLink — Website: earnlinknamibia.com

Email: support@tomorrow.com.na

Location: Namibia