DRAFT (new 2026-07) — for SA attorney review; not legal advice; not for publication.
This is a new document prepared to brief South African counsel. It does not constitute legal advice and must not be published, click-wrapped, or relied upon until counsel has reviewed and approved it. All statutory references below are indicative and must be verified by counsel against the current text of each Act. The single-tier affiliate structure in clause 3 is a [ATTORNEY-REQUIRED] economic-and-legal design that must be confirmed against the CPA before launch.
This Partner & Affiliate Agreement ("Agreement") governs any person or business that refers customers, runners, or merchants to eRunna and earns a commission for doing so (the "Partner"). It must be read together with our Terms of Service and Privacy Policy. By joining the programme, the Partner agrees to be bound by it.
1. Parties
"eRunna", "we", "us" or "our" refers to eRunna (Pty) Ltd (registration number [TBD: company registration number]), correspondence address 1 Wedgewood Link Road, Bryanston, Johannesburg, Gauteng 2191 [TBD: confirm registered vs correspondence address on incorporation]. "Partner" or "you" refers to the person or business accepting this Agreement.
2. The programme
The Partner promotes eRunna and refers new users. When a referred user completes a qualifying action (as defined on the Partner dashboard), the Partner earns a commission. The intended structure is that the Partner engages eRunna on an independent-contractor basis and may not make commitments on eRunna's behalf. [ATTORNEY-REQUIRED: worker classification. This independent-contractor characterisation must NOT be asserted as settled. A partner doing sustained referral work is not automatically outside the statutory presumption of employment; the classification must be confirmed by a specialist SA employment attorney — the same unresolved question flagged in the Runner Agreement §1 and the Promoter Agreement clause 3. Pending sign-off, this clause describes the intended structure only.]
3. Single-tier, sales-linked commission — the pyramid-scheme firewall
The programme is deliberately structured to comply with the Consumer Protection Act 68 of 2008 ("CPA") prohibition on multiplication, pyramid, and related schemes (CPA section 43 — counsel to confirm sections and regulations). Accordingly:
- Single tier only. A Partner earns only from qualifying activity by users the Partner directly refers. There is no downline, no override, and no earning from the recruitment of other partners.
- Sales-linked only. Commission is earned only when a referred user completes a genuine qualifying transaction — never for merely signing up other partners or for recruitment.
- No joining or participation fee. It is free to become a Partner. eRunna will never ask a Partner to pay to join, to buy inventory, or to make a deposit.
- No guaranteed returns. Earnings depend entirely on referred activity. eRunna makes no promise of any minimum or guaranteed income.
[ATTORNEY-REQUIRED: CPA section 43 firewall] — counsel to confirm the structure above does not constitute a prohibited scheme and that the commission mechanics are sales-linked in substance, not only in form.
4. Commission & claims
The commission rate and qualifying actions are published on the Partner dashboard and may be updated on notice. Any earnings figure a Partner communicates must match this Agreement exactly and must be substantiated — a Partner must not publish "earn up to" or guaranteed-income claims that eRunna has not approved and substantiated (Consumer Protection Act sections 29 and 41, and the Advertising Regulatory Board Code — counsel to confirm). eRunna may withhold commission for referrals that are fraudulent, self-referred, or otherwise not genuine.
5. Data protection (POPIA)
When a Partner shares a prospect's personal information with eRunna, or handles referral data, the Partner must comply with the Protection of Personal Information Act 4 of 2013 ("POPIA"): collect only with a lawful basis and the prospect's awareness, share only what is necessary, and never use eRunna-related data for the Partner's own unrelated purposes. eRunna processes the Partner's own personal and banking information in accordance with our Privacy Policy. [ATTORNEY-REQUIRED: POPIA basis for referral/prospect data.]
6. Payment & tax
Commission is paid to the Partner's nominated account per the schedule on the dashboard. The Partner is solely responsible for its own income tax and, where applicable, VAT on commission earned. Where eRunna is (or becomes) an accountable institution under the Financial Intelligence Centre Act 38 of 2001 ("FICA"), commission payouts are subject to due diligence on the payee and to record-keeping (counsel to confirm).
7. Conduct
The Partner must promote eRunna honestly and lawfully, must not spam or mislead, must not damage eRunna's brand, and must comply with all applicable marketing and data-protection law. Breach entitles eRunna to withhold commission and to terminate.
8. Termination
Either party may terminate on reasonable notice. eRunna may suspend or terminate immediately for fraud, misleading claims, or breach. Accrued genuine commission earned before termination remains payable; obligations that survive by nature (confidentiality, data protection, tax) continue.
9. Governing law
This Agreement is governed by the laws of the Republic of South Africa.
Related policies: Terms of Service · Privacy Policy · Merchant Agreement · Promoter Agreement