Creator Program ToS

SerenQ Creator Program – Terms of Service

Last Updated: 12 June 2026

These Terms of Service ("Terms") govern your participation in the SerenQ Creator Program ("Program"), operated by SerenQ ("SerenQ," "we," "us," or "our"). By applying to, joining, or participating in the Program, you ("Creator," "you") agree to be bound by these Terms. If you do not agree, do not apply to or participate in the Program.

1. Eligibility

1.1 You must be at least 18 years old (or the age of legal majority in your jurisdiction) to participate in the Program.

1.2 Acceptance into the Program is at SerenQ's sole discretion. Submitting an application does not guarantee acceptance, and SerenQ may decline or remove any applicant or Creator at any time without obligation to provide a reason.

1.3 You are responsible for ensuring that your participation in the Program complies with the laws and regulations applicable in your jurisdiction.

2. Nature of the Relationship

2.1 You participate in the Program as an independent contractor, not as an employee, agent, partner, joint venturer, or representative of SerenQ.

2.2 Nothing in these Terms creates an employment relationship, partnership, or agency between you and SerenQ. You are not entitled to any employee benefits, including but not limited to leave pay, medical aid contributions, retirement contributions, or any statutory employment benefits.

2.3 You are solely responsible for determining how you create and distribute content, subject to the brand and compliance requirements set out in these Terms.

3. Program Structure & Commission Pathways

3.1 Product Purchase Pathway

Creators may purchase SerenQ products at standard pricing and begin earning commission immediately on qualifying sales generated through their unique referral code or link, subject to the commission tiers in Section 4.

3.2 Product Investment Pathway

3.2.1 At SerenQ's sole discretion, selected Creators may receive products without upfront payment ("Product Investment").

3.2.2 Where a Product Investment is provided, qualifying sales generated through the Creator's referral code or link will first be applied toward recovering the retail or wholesale value (as determined by SerenQ) of the products provided, before any commission becomes payable to the Creator.

3.2.3 Once the value of the Product Investment has been fully recovered through attributed sales, the Creator will begin earning commission on all subsequent qualifying sales according to their assigned tier.

3.2.4 If a Creator's referral activity does not generate sufficient qualifying sales to recover the value of the Product Investment within 90 days of receiving the product(s):

SerenQ may, at its discretion, remove the Creator from the Program and/or revoke future Product Investment eligibility; and/or

SerenQ reserves the right to require the Creator to either return the unused/unsold product(s) in their original condition, or pay the outstanding value of the Product Investment, as determined by SerenQ.

3.2.5 Product Investment opportunities are limited, offered selectively, and may be withdrawn, modified, paused, or discontinued at SerenQ's sole discretion at any time, including after a Creator has been approved for this pathway.

3.2.6 Eligibility for the Product Investment Pathway is based on factors including, but not limited to, audience engagement, content quality, brand alignment, prior performance, and community trust, as assessed by SerenQ.

4. Commission Structure

4.1 Creator Tier (Entry Level)

Up to 10% commission on qualifying sales from new customers.

Up to 5% commission on qualifying sales from returning customers, available only to Creators rated as "reliable partners" in good standing by SerenQ.

4.2 Growth Tier (Performance-Based)

Commission rates on new and returning customer sales may exceed those of the Creator Tier, as determined by SerenQ based on individual performance, content quality, customer impact, and overall partnership value.

There is no fixed or guaranteed commission rate within the Growth Tier. Rates are reviewed periodically and may increase, decrease, or remain unchanged at SerenQ's discretion.

4.3 General Commission Terms

4.3.1 Commission is calculated only on qualifying sales — being completed, paid orders placed using the Creator's unique discount code or referral link that are not subsequently cancelled, refunded, returned, or charged back.

4.3.2 SerenQ reserves the right to deduct, withhold, or reverse commission already credited where the underlying sale is cancelled, refunded, returned, disputed, or identified as fraudulent.

4.3.3 SerenQ reserves the right to adjust commission tiers, rates, and structures at any time, with or without notice, on a prospective basis. Changes will not retroactively affect commission already earned on qualifying sales completed prior to the change.

4.3.4 Commission rates, tier placements, and any related figures are confidential and must not be shared publicly or with other Creators.

5. Payments

5.1 Commission payments are processed through Shopify Collabs in accordance with that platform's applicable payment schedules and policies. SerenQ is not responsible for delays, errors, or issues arising from the Shopify Collabs platform itself.

5.2 Minimum Payout Threshold: Commission balances become payable once they reach R500. Balances below this threshold will roll over to subsequent payment periods until the threshold is met.

5.3 Creators are solely responsible for declaring and paying any taxes (including income tax) arising from commissions, products, or any other compensation received under the Program. SerenQ does not withhold tax on Creators' behalf unless required to do so by law.

5.4 SerenQ may require Creators to provide accurate banking, tax, and identification information for payment purposes. Payments may be delayed or withheld if such information is incomplete, inaccurate, or not provided.

6. Discount Codes & Referral Links

6.1 Discount codes and referral links are provided for the Creator's personal promotional use only and may not be sold, transferred, sublicensed, shared with affiliate networks, or used for personal purchases by the Creator or persons connected to the Creator ("self-referrals").

6.2 SerenQ reserves the right to deactivate any discount code or referral link, and to withhold or reverse any associated commission, where misuse, fraud, abuse, or self-referral is suspected or identified.

6.3 SerenQ may modify, replace, or deactivate any Creator's discount code or referral link at any time for operational, security, or commercial reasons.

7. Content & Intellectual Property

7.1 You retain ownership of the content you create. By creating content featuring SerenQ products, your discount code, or referral link, you grant SerenQ a non-exclusive, royalty-free, worldwide, sublicensable license to repost, share, feature, and use such content (in whole or in part) across SerenQ's marketing channels, including its website, social media, and advertising, with appropriate creator credit where practicable.

7.2 SerenQ's trademarks, logos, product names, and brand assets remain the exclusive property of SerenQ. You are granted a limited, non-exclusive, revocable license to use SerenQ's brand assets solely for the purpose of promoting SerenQ products under this Program, in accordance with any brand guidelines SerenQ provides.

7.3 You must not make false, misleading, or unsubstantiated claims about SerenQ products, including health, medical, or therapeutic claims that have not been authorized in writing by SerenQ.

7.4 You must not create content that is unlawful, defamatory, obscene, discriminatory, or that could otherwise harm SerenQ's reputation or brand.

8. Advertising Disclosure & Compliance

8.1 You are solely responsible for complying with all applicable advertising, consumer protection, and disclosure laws and regulations in your jurisdiction and the jurisdiction(s) of your audience, including clearly and conspicuously disclosing your relationship with SerenQ (e.g. using labels such as "#ad," "#sponsored," "#SerenQpartner," or "paid partnership" as required).

8.2 SerenQ accepts no liability for a Creator's failure to comply with applicable advertising or disclosure laws, and the Creator agrees to indemnify SerenQ against any claims, fines, or penalties arising from such non-compliance (see Section 12).

9. No Guarantee of Earnings

9.1 SerenQ makes no representation, warranty, or guarantee regarding the level of sales, traffic, commission, or income any Creator may achieve through participation in the Program.

9.2 Past performance of any Creator (including any examples or testimonials shared by SerenQ) is not indicative of future results for any other Creator.

9.3 Tier placement, commission rates, Product Investment eligibility, and all related opportunities are determined entirely at SerenQ's discretion and are not contractual entitlements.

10. Term, Suspension & Termination

10.1 Either party may terminate participation in the Program at any time, for any reason, by providing notice through the designated creator support channels.

10.2 SerenQ may immediately suspend or terminate a Creator's participation, without notice, where the Creator:

breaches these Terms;

engages in fraudulent, abusive, or self-referral activity;

misrepresents SerenQ products or brand;

fails to comply with applicable advertising or disclosure laws;

brings SerenQ's brand or reputation into disrepute; or

has had no engagement, content, or sales activity for an extended period (inactive accounts).

10.3 Upon termination:

any unpaid commission on qualifying sales completed prior to termination will be paid in accordance with the standard payment schedule and minimum payout threshold;

any discount codes or referral links issued to the Creator will be deactivated;

any obligations relating to outstanding Product Investments under Section 3.2 will remain in effect and survive termination.

11. Data Protection (POPIA)

11.1 SerenQ processes Creators' personal information (such as names, contact details, banking details, and performance data) in accordance with the Protection of Personal Information Act, 2013 ("POPIA") and SerenQ's Privacy Policy.

11.2 By participating in the Program, you consent to SerenQ collecting, storing, and processing your personal information for purposes related to the operation of the Program, including application review, commission tracking, payment processing, and communication.

11.3 SerenQ will take reasonable technical and organizational measures to protect Creator personal information but does not guarantee absolute security.

12. Indemnification

You agree to indemnify, defend, and hold harmless SerenQ, its officers, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your content; (b) your breach of these Terms; (c) your violation of any applicable law or regulation, including advertising disclosure laws; or (d) any claims by third parties relating to your participation in the Program.

13. Limitation of Liability

13.1 To the maximum extent permitted by applicable law, SerenQ's total liability to any Creator arising out of or in connection with the Program shall not exceed the total commission paid to that Creator in the three (3) months preceding the event giving rise to the claim.

13.2 SerenQ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of income, loss of opportunity, or reputational harm, arising from participation in the Program.

13.3 Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including the Consumer Protection Act, 2008 (South Africa), where applicable.

14. Changes to the Program & These Terms

14.1 SerenQ may amend these Terms, the commission structure, tier requirements, payout thresholds, or any other aspect of the Program at any time. Material changes will be communicated to active Creators via email or the creator dashboard.

14.2 Continued participation in the Program after such changes take effect constitutes acceptance of the updated Terms.

15. General

15.1 Governing Law: These Terms are governed by the laws of the Republic of South Africa.

15.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 Entire Agreement: These Terms, together with any Privacy Policy and brand guidelines referenced herein, constitute the entire agreement between you and SerenQ regarding the Program and supersede any prior agreements or understandings.

15.4 No Waiver: SerenQ's failure to enforce any provision of these Terms shall not be deemed a waiver of that provision.

15.5 Assignment: You may not assign or transfer your rights or obligations under these Terms without SerenQ's prior written consent. SerenQ may assign these Terms in connection with a merger, acquisition, or sale of assets.

16. Contact

For questions regarding these Terms or the Program:

Website: serenq.co.za

Creator Support Email: collab@serenq.co.za

WhatsApp (Creator Support Only): +27 73 247 1050

By submitting an application to the SerenQ Creator Program, you confirm that you have read, understood, and agree to be bound by these Terms of Service.