Affiliates: Refer as you earn.
Thank you for choosing to be a Bismart affiliate. Now, Share with your networks about Bismart and earn a refferral fee of up to 3% of the premium paid by the customer, less applicable taxes.
The more you refer, the more you earn.
Terms and Conditions
AFFILIATES TERMS AND CONDITIONS OF USE
THIS is the current AFFILIATE TERMS OF SERVICE governing the relationship between the affiliate (The one who refers customers) and the Bismart insurance agency Limited (“The Company”), a Kenyan company.
WHEREAS, The Company is in the business of, among other things, operating a technology platform that facilitates the buying of insurance products and related consumer services through its platform and employees, representatives and others (collectively, “platform”); and The Affiliate, has or will develop certain contacts in society and wishes to utilize the Bismart platform for purposes of selling, marketing and completing the purchase of insurance products and related services (collectively, the “products or “services”); through the platform and WHEREAS, The Company desires to provide adequate incentive to The Affiliate for business development efforts to acquire and retain business, yet The company also needs to fund ongoing efforts to acquire additional business from said customers after initial contract between the company and customer; and the affiliate acknowledges that the customers’ right to utilize the company for additional products and services is materially influenced by performance of the company.
NOW, THEREFORE, in consideration of the promises and covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:
- The company hereby agrees to licenses the affiliate to use its platform at www.bismart.co.ke for purposes of refferring customers as an affiliate, subject to these terms and conditions of service.
- The Company shall maintain a mobile friendly website where customers and affiliates can browse and compare various insurance products and buy insurance online.
- The company shall provide the affiliate with a unique affiliate ID that shall identify the introducing affiliate in any transaction.
- The Company shall provide the affiliate with a unique web URL that is embedded with the affiliates ID for purposes of sending to their contacts via email or sharing on social/digital media platforms while identifying the referring affiliate.
- The company shall provide affiliates with a Bismart online account from where to monitor their social media activities, commission earned and withdrawals.
- The company shall provide 24-hour technical support to the affiliates and their customers. This shall include matters related to underwriting process and requirements, renewal notifications and process and claims process and requirements. This support shall be provided via phone, email, online chat and social media communication.
- The company shall, on behalf of the affiliate handle all back office processes involved in fulfilment of insurance transactions, collection and delivery of policy documents, and claims processing.
The company agrees to:
- Pay the affiliate a referral fee of up to 3% of the one time premium paid by the customer, less applicable taxes, levies and administration fees generated from any affiliate’s refferral customer on Bismart platform. The exact refferral fees shall always be notified to the affiliate in advance.
- Inform the affiliate and the customer or prospect within a reasonable time of the refusal by any insurance underwriter to complete an insurance transaction or issue policy to its customer
- Perform their obligations as provided in the Guidelines on registration of Affiliates issued by the IRA (Insurance Regulatory Authority)
- Where the affiliate ceases to represent the company or upon cancellation of the affiliate’s license to operate their Bismart affiliate account for any reason, any new business generated form their customer shall be treated as direct business.
The Affiliate agrees that:
- He/she will at all times strive to meet obligations of the customer and the company, represent the company well and use every possible, ethical effort to refer customers to Bismart.
- He/she will comply with all laws, statutes and regulations affecting the subject matter of these terms and conditions, and in particular abide by the rules, requirements and procedures of the Insurance Regulatory Authority
- Pass to the company promptly any material information notified to the affiliate by the client in connection with any insurance contract in which it has an interest.
- Referral fees paid to the affiliate shall be based on premiums collected only. The refferral fees shall be paid provided that the services or product have ACTUALLY BEEN PURCHASED, BILLED and premiums COLLECTED.
- He/she is not be eligible for a refferal fees where the customer referred is an existing customer of the company or of any other active affiliate in the most recent twelve (12) months.
- These terms shall come into force on the date of the affiliates first insurance transaction on the Bismart insurance agency Limited’s platform or the first date the affiliate shares any of the Bismart’s Uniform Resource Locator (URL) with a family member, friends or on any digital media networks and subject to the rights of termination as set out in these terms, shall continue to in force for a period of one year and thereafter and renew automatically for a similar period.
- The affiliate’s license to use the Bismart platform may be terminated by either party giving the other not less than three (1) months’ notice; such notice must be given in writing by post, e-mail or fax addressed to the either party.
- Either party shall be entitled to terminate the agreement forthwith upon written thirty (30) day notice if the other party commits any breach of these terms, if either party makes any voluntary arrangement with its creditors or goes into liquidation or bankruptcy or ceases to carry on business.
- The company reserves the right to terminate the affiliate’s license upon thirty (30) days notice for non performance if the affiliate has not generated any business through the company for a period exceeding ninety (90) days
- If the Affiliate is unable to generate any business due to disability or illness or any other cause and is temporarily or permanently, prevented from performing his obligations, the company may terminate the affiliate’s license after ninety (90) days of no sales activity.
- Termination of the affiliate’s license shall not affect the rights and liabilities of either party existing at the date of termination.
- COMPENSATION UNDER THESE TERMS CONTEMPLATES ONLY FEE PAYMENT BASED UPON THE REFERRAL FEES EARNED FROM THE INSURANCE PREMIUMS COLLECTED BY BISMART ON BEHALF OF THE UNDERWRITERS. AFFILIATES SHALL NOT BE ENTITLED TO REFERRAL FEES ON INTEREST CHARGED ON FINANCED PREMIUMS OR ORDERS OR OTHER STATUTORY OR INDUSTRY CHARGES. IN NO EVENT WILL PAYMENT BE DISTRIBUTED TO THE AFFILIATE IN THE FORM OF REFFERRAL FEES UNLESS AND UNTIL SUCH TIME AS PREMIUM PAYMENT IS RECEIVED BY THE COMPANY FROM THE CUSTOMER DIRECTLY UNLESS OTHERWISE SPECIFIED HEREIN, OR BY SPECIFIC ADDENDUM TO THESE TERMS.
- The affiliate shall not, without consent of the company, amend quotations or terms or conditions of insurances arranged by the company.
- Bismart has zero tolerance for fraudulent, unethical or unprofessional behavior at any time, particularly in the company’s day-to-day dealings with the customer.
- The affiliate is an independent entity from the company. The Affiliate therefore agrees to indemnify and hold The Company harmless should a claim related to its expenses, insurance or the lack thereof and/or taxes be made by anyone, including any governmental authority.
- It is understood that the affiliate may receive proprietary and sensitive information from the company or the customer in conjunction with providing the services here under. The affiliate agrees that he/she will not divulge information pertaining to The Company’s goods or services nor that of prospective or existing customers to any third party during the term of these terms and conditions and for a period of three (3) years from date of the termination of these terms and conditions.
Terms of this agreement:
- These terms specifies the terms and conditions, under which the affiliate may market or introduce the customer to the company.
- Nothing in these terms shall override the duty of the affiliate to place the interest of the customer or prospect before all other considerations.
- These terms do not bind the company to accept any proposal for new business or renewal put to it by the affiliate, nor does it bind the affiliate to accept on behalf of the customer or prospects the terms put to it by the company.
- These terms shall be construed according to Kenyan Law and any disputes arising in respect of it shall be determined under the Kenyan law.
- If a party fails to perform any of its obligations under these terms and conditions or if a dispute arises concerning the meaning of any provision of these terms, then the defaulting party or the party not prevailing in such dispute, as the case may be, shall pay the reasonable costs and expenses incurred by the other party in enforcing or establishing its rights here under, including court costs and reasonable attorneys’ fees.
- Notices will be effective here under when and only when they are reduced to writing and delivered, by delivery service, with proof of delivery, to the person named below
- In the event that any provision of these terms shall be invalid, illegal or enforceable in any respect, such a provision shall be considered separate and sever-able from the remaining provisions of these terms, and the validity, legality or enforce-ability of any of the remaining provisions of these terms and conditions shall not be affected or impaired by such provision in any way.
- IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER ANY CONTRACT, FOR NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKES), WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF THE PARTY OR A PARTY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE COMPANY’S CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION.