Partner agreement

1. Who this is between

This agreement is between Mycrea Technologies Ltd, a company registered in Kenya and the operator of Chamabora atchamabora.co.ke, and you, as an approved partner. In this agreement "we" and "us" mean that company. It begins when we approve your application and ends when either of us ends it under clause 9.

2. What you do

You introduce savings groups to Chamabora, using the link and code we give you. That is the whole of it. You decide how you go about it and when, and you are free to work with anyone else at the same time.

You are not our employee, our agent, or our representative, and you cannot enter into anything or make any promise on our behalf. Nothing here creates a partnership in the legal sense, despite the word.

3. What you earn

You earn 30% of each subscription payment we actually receive from a group you introduced, for six calendar months from that group's first payment to us.

• The six months run from the first payment and do not pause if the group stops and starts again.
• We pay monthly by M-Pesa to the number on your application, once what you are owed reaches KES 500. Below that it carries forward to the next month.
• You can see what you have earned, what is waiting and what has been paid, at any time.
• There is no limit on how many groups you may introduce.

4. When nothing is earned

You earn nothing in each of these cases, and this list is exhaustive:

• The group has not yet got going. A group counts once it has at least five members on its roster and has recorded and confirmed at least one contribution.
• The group has not paid us. Your share comes out of money received, so if nothing is paid, nothing is owed.
• The six months have passed.
• You hold office in that group as its chairperson, treasurer or secretary. You may still introduce it, and the reward goes to the group itself as free months instead. We will not pay an official personally for a decision they take as an official.
• The group was introduced by someone you introduced. You earn from groups you bring in and from nothing further down. There is no second level.
• Another partner's code reached that group first.

5. What you must not do

These are the terms we care about most, and breaking any of them ends this agreement.

• Never hold or handle a group's money. Not their contributions, not their subscription payment, not for safekeeping, not for a moment.
• Never describe Chamabora as an investment, or suggest it pays a return, grows anyone's money or guarantees anything. Chamabora is record-keeping software. It keeps a record of money. It never holds it.
• Always say that you are paid if a group joins through you. Tell them before they decide, not afterwards.
• Do not say anything about what Chamabora does that is not accurate, including about price.
• Do not create groups, members or contributions that are not real, or ask anyone else to.
• Do not use our name, logo or materials in a way that suggests you speak for us.

6. Your tax

What you earn here is your income and your responsibility. We may be required to withhold tax on commission and account for it to the Kenya Revenue Authority, in which case what reaches you is the amount after that. We will tell you if we do.

7. Information about people

If you collect anyone's name or number while introducing them, that is theirs, not yours. Use it only to introduce them to Chamabora, keep it to yourself, and delete it when you are done. The Data Protection Act applies to you as much as to us.

8. If something goes wrong

We may suspend your partner account while we look into a concern. If you have broken clause 5, we may end this agreement and withhold commission that has not yet been paid. Commission already paid to you stays yours unless it was earned through a group or payment that was not genuine.

If a group tells us they were misled about what Chamabora is, we will take that seriously and tell you what was said.

9. Ending it

Either of us may end this agreement at any time, for any reason, by telling the other. If we end it and you have not broken clause 5, we pay what you have already earned on groups introduced before that date for the remainder of their six months. If you end it, the same applies.

10. Changes

We may change these terms. If we change what you earn or how you are paid, we will tell you at least 30 days beforehand, and groups you introduced before the change keep their original rate for their six months. Everything else may change with notice in the app.

11. Liability

Neither of us is liable to the other for lost profits or for anything we could not reasonably have foreseen. Whatever we may owe you under this agreement is limited to the commission payable to you. Nothing here limits liability that cannot be limited by law.

12. Law

This agreement is governed by the law of Kenya, and the courts of Kenya deal with any dispute. Talk to us first, though. Most things are settled by someone picking up the phone.