Affiliate Program Agreement
This Affiliate Program Agreement (“Agreement”) is intended to outline the terms
and conditions for participation in the Tomal Global Affiliate Program (“Affiliate
Program”) and is a legally binding contract with you or the company you
represent. By signing up, you agree to be bound by this Agreement in case of
your appointment by Tomal Global (hereby referred to as “Tomal”). If you do not
agree to be bound by the terms of this Agreement, do not proceed with the
electronic sign up process.
Your appointment as an “Affiliate” for one or more Tomal product and services
that are designated to you by a Tomal representative (“Designated Tomal Team”)
will be subject to review of the information provided by you during sign up and
will be at Tomal’s sole and absolute discretion.
Affiliate Program Eligibility
Participation in the Affiliate Program is open to individuals, businesses, industry
bodies or trade associations, excluding:
• Tomal Reseller Partners, Tomal Reseller Consultants and any of their
immediate family members;
• Any employees of Tomal Reseller Partners; and
• Tomal employees and their immediate family members.
During the tenure of this Agreement, you cannot participate in any other
partnership program offered by Tomal or our direct competitors, without the
prior written permission of Tomal.
Prospective Customer Registration
Upon appointment, an account can be created for you in the Tomal Store. In
addition, you can embed the Tomal sign-up link on your website using the
Affiliate Link provided in your account so that interested persons can directly
purchase Tomal products from your website and such persons are automatically
registered as a prospective customer in your account.
“Tomal Store” means the online hosted application for tracking and managing: (i)
purchase of Tomal products by Customers and prospective customers; and (ii)
Referral Fees earned by you through this Affiliate Program.
“Affiliate Link” means the unique tracking link provided to you with your affiliate
code embedded in it.
You will be eligible to receive a referral fee of 12% for a period of one year on
Qualified Purchases only if:
• the prospective customer had signed up within 90 days of first clicking on
the Affiliate Link;
• a Qualified Purchase is made within 90 days from the date of signing up;
• the Customer is not an existing paid customer of Tomal;
• the Customer signs up in the country that you are registered in as an
You will not be eligible to receive a Referral Fee for any subsequent purchases
made by the Customer.
"Qualified Purchase" with respect to each Customer means, the first/initial
purchase of Tomal products.
“Customer” means a prospective customer who purchases a product of Tomal.
Tomal reserves the right to adjust the referral fee and gives notice in writing and
in accordance to its own discretion that is based on business situation and
Payment of Referral Fee
The Referral Fee will be paid to you based on product chosen by the Customer.
• If the Qualified Purchase is a monthly subscription plan, you will be eligible
to receive Referral Fee on a monthly basis for a period of one year from the
date of the Qualified Purchase. If the Customer downgrades or terminates his
subscription within a period of one year, your Referral Fee will only accrue
till the date the Customer cancels the subscription.
• If the Qualified Purchase is an annual subscription plan, you will be eligible
to receive Referral Fee for the whole year.
Referral Fee will accrue only upon completion of ninety (90) days from the date
of the Qualified Purchase.
You will not be entitled to Referral Fee in case the Customer cancels the
subscription and claims a refund of the subscription fee before the completion of
ninety (90) days from the date of the Qualified Purchase. Referral Fee earned by
you will be paid out at the end of each calendar month. Processing will typically
take about 2 weeks after tabulating at month end. Payment will be made through
bank transfer or any other method chosen by Tomal in its sole discretion.
You will be responsible for payment of all taxes, duties, and charges levied on the
Referral Fee, and you shall indemnify, defend and hold Tomal harmless from and
against any claims arising out or relating to non-payment of applicable taxes,
duties, and charges.
You agree to conduct yourself in a responsible, professional, and appropriate
manner while dealing with prospective customers. You also agree not to make
any representation or warranty with respect to Tomal products to the
prospective customers other than those representations and warranties
contained in the Tomal Terms of Service. “Tomal Terms of Service” means the
terms and conditions under tomalglobal.com.sg and tomalglobal.com.
You shall not use the Affiliate Link to make purchase of Tomal products for
yourself or for your employees and immediate family members.
You must clearly disclose in your site or other channels you use to promote
Tomal that this Affiliate Program is a paid partnership.
You will not reproduce in whole or in part any marketing or promotional
material, videos, webinars, case studies, testimonials or user manuals created by Tomal as your own.
Term and Termination
This Agreement will commence as of the date you receive an email from Tomal
confirming your appointment as an “Affiliate” and shall continue until terminated
by either party in accordance with the provisions contained in this Agreement.
• Termination without cause: Either party may terminate this Agreement at
any time, for any reason, by giving thirty (30) days’ notice through email
• Termination for cause: Your failure to comply with any of the terms of this
Agreement may result in a warning or immediate termination of this
Agreement by Tomal.
• Termination for discontinuation of the Affiliate Program: Tomal reserves the
right to discontinue the Affiliate Program. In the event Tomal decides to
discontinue the Affiliate Program, you will be provided with thirty (30) days’
notice through email.
Effect of Termination
In the event of termination of this Agreement without cause by you or for cause
by Tomal, Tomal will pay you any outstanding Referral Fee accrued as of the date
of such termination.
In the event of termination of this Agreement without cause by Tomal or
discontinuation of the Affiliate Program, you will continue to receive Referral Fee
for all Qualified Purchases (as stated in ‘Payment of referral fee’ clause) in
respect of all customers who have converted to a paid subscription plan before
the end of the thirty day notice period.
Except as specifically stated above, termination of the Agreement will end all
rights and responsibilities of both parties set out in this Agreement, any email
communication or any web page relating to the Affiliate Program. You must
immediately remove all references to Tomal from your website, including any
Tomal sign-up link embedded in your website.
Further , you are not allowed to work with or be an affiliate of the competitors of
Tomal in the same industry within 2 years of termination. Claims of damages of
up to $10,000 can be sought by Tomal should the affiliate joins immediately with
the competitor in similar industry.
THE AFFILIATE PROGRAM AND THE DESIGNATED TOMAL PRODUCT AND
SERVICES ARE PROVIDED "AS IS". TOMAL DOES NOT MAKE ANY
REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE AFFILIATE
PROGRAM OR THE DESIGNATED TOMAL SERVICES. EXCEPT TO THE EXTENT
PROHIBITED BY APPLICABLE LAW, TOMAL DISCLAIMS ALL WARRANTIES
WITH RESPECT TO THE AFFILIATE PROGRAM AND THE DESIGNATED TOMAL
SERVICES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
QUIET ENJOYMENT, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR
PURPOSE. TOMAL WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION,
REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH
TERMINATION OF THIS AGREEMENT OR YOUR PARTICIPATION IN THE
Limitation of liability
TOMAL WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THIS
AGREEMENT EVEN IF TOMAL HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. TOMAL’S ENTIRE LIABILITY WITH RESPECT TO THIS
AGREEMENT AND THE AFFILIATE PROGRAM SHALL NOT EXCEED THE
REFERRAL FEE PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
Changes to the Terms of this Agreement
You understand that Tomal may modify the terms of this Agreement from time to
time. However, you will be provided notice of such changes through an
announcement or by electronic mail. Upon being informed of such changes, you
may either terminate this Agreement within fifteen days and cease participating
in the Affiliate Program or accept the changes and continue to participate in the
Affiliate Program. Your continued participation in the Affiliate Program after
fifteen days from the date of notice of any such changes shall constitute your
consent to such changes.
Relationship of Parties
The relationship between you and Tomal is non-exclusive. This Agreement shall
not be construed as creating a partnership, joint venture, agency or any other
relationship. You are not authorized to enter into any contract or to assume any
obligation on behalf of Tomal. Neither is Tomal authorized to enter into any
contract or to assume any obligation on your behalf.
Compliance with Applicable Laws
You shall ensure that your business and performance of your obligations under
this Agreement are and will be in compliance with all applicable laws, including
privacy and data security laws, rules and regulations. You agree to provide all
reasonable co-operation, assistance and information as Tomal may reasonably
request to enable it to comply with its obligations under any applicable law.
Contracting Entity and Choice of Law
Your relationship is with Tomal Global and this Agreement shall be governed by
and interpreted in all respects by the laws of Republic of Singapore, without
reference to its conflict of laws' principles and you agree to submit to the
personal jurisdiction of the courts in Singapore.
This Agreement constitutes the entire agreement between You and Tomal, and
supersedes all prior communications, understandings and agreements. You may
not assign this Agreement, by operation of law or otherwise, without Tomal’s
prior written consent. You agree not to register any trademarks that are
confusingly similar to Tomal's trademarks. Similarly, you agree not to register or
use any internet domain names that are confusingly similar to Tomal's
trademarks. Tomal’s failure to enforce your strict performance of any provision
of this Agreement will not constitute a waiver of Tomal’s right to enforce such
provision or any other provision of this Agreement subsequently. If any part of
this Agreement is found invalid or unenforceable, the remainder shall be
interpreted so as to reasonably effect the intention of both parties.