Creator Commerce Terms & Conditions
These terms govern participation in the HmperCo Creator Commerce programme, including Creator storefronts, tracking links, commissions and the Creator + Split & Sell (SnS) pathway.
1Eligibility
You must be 18 years or older and either resident in South Africa or otherwise legally permitted to receive payment from a South African company. You must hold, or be willing to open, a HmperCo customer account. There is no minimum follower count to apply — HmperCo welcomes micro and nano creators alongside larger accounts. Businesses, students, and community organisations may apply subject to the additional information set out in clause 2.
2Application & Verification
Applications are submitted through the HmperCo Creator onboarding form. HmperCo may request proof of identity, proof of address, and — for business applicants — company registration details before an application is approved. Applications are reviewed within the timeframe stated on the onboarding form. HmperCo may approve, reject, or request further information for any application at its discretion, and is not obliged to give reasons for a rejection.
3Creator Account, ID & Code
Approved Creators are issued a unique Creator ID and Creator Code, and the Creator role is attached to the applicant's existing HmperCo customer account — a separate account is not created. The Creator ID and Code are non-transferable and may not be shared, sold, sub-licensed, or used by anyone other than the approved Creator.
4Creator Storefront
Approved Creators may curate a personal storefront from HmperCo's existing product catalogue. Creators may select which eligible products to feature but may not alter official HmperCo pricing, product specifications, stock representations, product claims, delivery promises, or any legal terms displayed to customers. HmperCo may remove any product, collection, or piece of content from a storefront at its discretion.
5Tracking Links & Attribution
Sales are attributed to a Creator through tracking links, Creator Codes, and/or QR codes generated by HmperCo. Customers complete their purchase through HmperCo's standard cart and checkout — there is no separate Creator checkout. HmperCo determines the attribution window and methodology and may adjust these from time to time to maintain the accuracy and integrity of tracking.
6Qualifying Sales & Commission
Commission is calculated as Commissionable Sales Value × the applicable Commission Rate for the relevant product, category, campaign, or Creator level. Commission rates are set and may be varied by HmperCo and are made available to Creators through the Creator Dashboard. Commission is only payable on qualifying transactions as described in this document.
7Commission Exclusions
The following do not qualify for commission: cancelled, refunded, or charged-back orders; orders identified as fraudulent; self-referred purchases made by the Creator on their own account or a related account; purchases of products or categories excluded by HmperCo from time to time; and orders affected by coupon abuse, bot activity, or other manipulation of tracking or attribution.
8Refunds, Cancellations & Chargebacks
Where an order generating commission is later cancelled, refunded, or subject to a chargeback, the associated commission will be reversed. If the commission has already been paid out, HmperCo may deduct the reversed amount from a future payout or invoice the Creator for the amount.
9Payouts
Commission moves through the following statuses: Pending, Validated, Approved, Payable, and Paid. Commission is held pending for a holding period (to allow for the applicable return or cancellation window) before becoming validated and payable. A minimum payout threshold applies; balances below the threshold roll over to the next payout cycle. The current holding period and threshold are shown on the Creator Dashboard and may be changed by HmperCo from time to time.
10Creator Levels
HmperCo operates Creator levels (for example: Creator, Micro Creator, Growth Creator, Creator Partner, HmperCo Ambassador) based on factors that may include sales, qualifying orders, conversion rate, customer retention, campaign performance, content quality, compliance history, and engagement. Follower count may be considered but is not the sole determining factor. Level thresholds and benefits are configurable and may change.
11Campaigns & Challenges
HmperCo may invite Creators to participate in campaigns or challenges with their own eligibility criteria, content requirements, deadlines, and commission or prize terms. Participation in a specific campaign or challenge is governed by these Terms together with the specific rules published for that campaign or challenge.
12Content & Advertising Disclosure
Creators must not make false or misleading claims about any HmperCo product, misrepresent pricing, promotions, or delivery times, claim to be a HmperCo employee, imply HmperCo endorsement or sponsorship where none exists, or use HmperCo's intellectual property outside of what is expressly permitted. Creators must clearly disclose their commercial relationship with HmperCo in line with Advertising Standards Authority of South Africa (ASA) requirements and applicable consumer protection law whenever sharing an affiliate or tracking link — for example using labels such as "#Ad", "#Sponsored", "Paid partnership", or "I may earn a commission from qualifying purchases".
13Customer Information & Privacy
Customers referred through a Creator's link remain HmperCo customers. Creators do not own, and may not download, export, sell, or otherwise use HmperCo customer information for any purpose outside the Creator programme, and may not contact customers outside authorised programme purposes.
HmperCo processes a Creator's personal information (including ID/passport details, proof of address, banking details, and audience/social media information submitted during onboarding) in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Processing is carried out on the lawful basis that it is necessary to perform this agreement and to comply with HmperCo's legal and tax-reporting obligations. Personal information is retained only for as long as necessary for these purposes and applicable statutory retention periods, and is not sold or shared with third parties outside HmperCo's group of companies except where required to process payouts (e.g. banking partners) or comply with law.
A Creator has the right, subject to POPIA, to request access to, correction of, or deletion of their personal information held by HmperCo, and to object to processing on reasonable grounds. Requests can be directed to HmperCo's Information Officer at privacy@hmperco.co.za. A Creator who believes their information has been processed unlawfully may lodge a complaint with the Information Regulator (South Africa).
HmperCo's full Privacy Policy, which applies to all HmperCo customers and Creators alike, governs the collection and processing of personal information in more detail and takes precedence in the event of any inconsistency with this clause.
14Intellectual Property
HmperCo grants Creators a limited, non-exclusive, revocable licence to use HmperCo's name, logo, and approved product imagery solely for the purpose of promoting HmperCo products in line with these Terms and the Creator Content & Advertising Policy. This licence ends immediately on suspension or termination of a Creator's account.
15Fraud & Prohibited Conduct
Creators must not create fake orders, fake reviews, or fake engagement; use bots or artificial traffic; manipulate clicks, tracking, or commission calculations; engage in coupon abuse; or collude with customers to generate ineligible commission. HmperCo monitors for these and related patterns and may place an account into Review, Restricted, Suspended, or Terminated status while it investigates. Being placed under review does not itself imply wrongdoing.
16Suspension & Termination
HmperCo may suspend or terminate a Creator's participation in the programme for breach of these Terms, the Creator Content & Advertising Policy, or applicable law. A Creator may withdraw from the programme at any time by notifying HmperCo. Commission validly earned before suspension or termination, and not otherwise excluded under clause 7, remains payable subject to the standard holding period.
17Tax
Creators are responsible for declaring and paying any tax due on commission earned, including in relation to SARS. HmperCo may request a valid tax number as part of onboarding and may be required to report earnings to SARS where legally obliged to do so.
18Creator + Split & Sell (SnS)
Creator + SnS is a separate, optional pathway subject to its own eligibility criteria and the HmperCo Split & Sell Terms. Where a Creator is also an approved SnS participant, a single transaction may generate SnS profit, Creator commission, both, or one in place of the other, as configured by HmperCo for that product or campaign. Approval for Creator Commerce does not automatically confer SnS eligibility, and vice versa.
19Changes to the Programme
HmperCo may amend these Terms, commission rates, Creator levels, payout thresholds, holding periods, or any other aspect of the Creator Commerce programme from time to time. Material changes will be communicated to Creators through the Creator Dashboard, email, or WhatsApp. Continued participation after a change takes effect constitutes acceptance of the updated Terms.
20Disputes & Governing Law
A Creator who disputes a commission calculation, payout, or programme decision should first contact Creator Support (clause 22). If unresolved, disputes will be handled in line with HmperCo's general dispute resolution process. These Terms are governed by the laws of the Republic of South Africa.
21Electronic Communications & Acceptance
A Creator accepts these Terms electronically by completing the required checkboxes on the Creator onboarding form. In accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECTA), this electronic acceptance is a valid and binding way of entering into this agreement, and HmperCo records the agreement version, the specific clauses accepted, and the date, time, and account against which acceptance was given, as proof of that acceptance.
HmperCo may communicate with a Creator electronically (including by email, WhatsApp, and notices on the Creator Dashboard) for all purposes connected with this agreement, and such communications are treated as having been validly given once sent to the contact details a Creator has provided, subject to a Creator's obligation to keep those details up to date.
22Contact
Creator Support: influencer@hmperco.co.za · WhatsApp: 065 632 4344
Information Officer (POPIA queries): privacy@hmperco.co.za
