Referral Partner Terms and Conditions · Version 2026-11-v2
1. Definitions
“Permalink”, “we” or “us” means Permalink Business Ltd., a company registered in Kenya, and its successors and assigns.
“Partner” or “you” means the individual or business whose application to the Referral Partner Programme has been approved.
“Referral” means a prospective client introduced by the Partner through the approved referral channels who was not already an active client or open lead of Permalink.
“Qualified Sale” means a Referral that signs a written agreement with Permalink and pays the first invoice in full.
2. Appointment and Nature of Relationship
Permalink appoints the Partner on a non-exclusive basis to introduce prospective clients. Nothing in these Terms creates an employment, partnership, agency or joint-venture relationship.
The Partner has no authority to sign contracts, make binding commitments, or accept payments on behalf of Permalink.
3. Eligibility
Partners must be at least 18 years old, hold a valid national ID, passport or alien ID, and hold a valid KRA PIN.
Business partners must be duly registered in Kenya. Permalink employees and their immediate household members are not eligible. Self-referrals, or referrals of organisations the Partner owns or controls, do not qualify.
4. Application and KYC Verification
Approval is at Permalink’s sole discretion. Permalink may request supporting documents and verify all information against public and third-party sources.
Providing false, misleading or incomplete information is grounds for immediate rejection or termination and forfeiture of unpaid commissions.
5. Partner Obligations
The Partner shall act honestly, professionally and in good faith, and shall represent Permalink’s services accurately using only approved materials.
The Partner shall comply with all applicable laws, including the Kenya Information and Communications Act, the Consumer Protection Act and the Data Protection Act, 2019.
6. Referral Registration and Attribution
Referrals must be registered through the Partner’s referral code, email or WhatsApp before first contact with Permalink’s sales team, and the Partner should let the Referral know they are being introduced.
If the client was already in contact with Permalink, or another person referred them first, the earlier contact takes priority. A Referral is valid for ninety (90) days from the date Permalink receives it.
7. Commission Structure
The Partner earns commission on the first invoice of each Qualified Sale, excluding VAT: 10% for projects up to KES 50,000; 7.5% for projects of KES 50,001 to 250,000; and 5% for projects above KES 250,000, capped at KES 50,000 per project. There is no limit on the number of Referrals.
Commission applies to the first project only. Recurring services such as hosting, maintenance and support retainers are excluded unless agreed in writing. Referred clients receive a 5% welcome discount on their first project, and the Partner may ask for their commission to be applied as an extra discount for the client instead.
Permalink may update or end the programme at any time; Referrals submitted before a change are honoured under the terms in place when they were made.
8. Payment of Commission
Commission is paid in Kenya Shillings within fourteen (14) days of the client’s first payment clearing, to the M-Pesa or bank account provided at registration. If the client pays in instalments, commission is calculated on the first invoice and paid once that payment clears.
If the client’s payment is refunded, charged back or reversed, the commission may be withheld or recovered, including by deduction from future payouts. The Partner is responsible for the accuracy of payout details. Permalink’s decision on whether a Referral qualifies is final.
9. Taxes
Commission payments are subject to applicable withholding tax under the Income Tax Act, which is why a KRA PIN is required. The Partner is solely responsible for declaring and paying any other taxes on commission earned.
10. Prohibited Conduct
The Partner shall not: make promises about price, scope or timelines on Permalink’s behalf; submit cold lists or contacts collected without permission; send unsolicited bulk messages (spam); bid on Permalink brand keywords in paid search; make false claims, guarantees or price promises; self-refer or refer related entities to earn commission; or offer bribes, kickbacks or inducements.
Breach of this section results in immediate termination and forfeiture of all unpaid commissions.
11. Anti-Bribery, Anti-Money Laundering and Public Office
The Partner shall comply with the Bribery Act, 2016 and the Proceeds of Crime and Anti-Money Laundering Act. Partners who hold or have held a prominent public office, or are closely associated with such a person, must disclose it. This does not automatically disqualify an application but may require enhanced due diligence.
12. Confidentiality and Intellectual Property
The Partner shall keep confidential all non-public information about Permalink, its pricing and its clients, during and after the relationship.
Permalink grants the Partner a limited, revocable, non-transferable licence to use its name and logo solely as provided in approved materials. All intellectual property remains with Permalink.
13. Data Protection
Permalink processes the Partner’s personal data for onboarding, verification, payment, tax compliance and programme communication in accordance with the Data Protection Act, 2019. Data is kept for the duration of the relationship and up to seven (7) years afterwards for legal and tax purposes.
The Partner may request access, correction or deletion of their data by writing to permalinkbusiness@gmail.com. The Partner shall only share a Referral’s contact details with that person’s consent.
14. Term, Suspension and Termination
These Terms take effect on approval and continue until terminated. Either party may terminate with fourteen (14) days’ written notice. Permalink may suspend or terminate immediately for breach, fraud or reputational harm.
Commission earned on Qualified Sales before termination (other than for breach) remains payable.
15. Liability, Amendments and Governing Law
Permalink’s total liability to the Partner is limited to commissions due and unpaid. Neither party is liable for indirect or consequential loss.
Permalink may amend these Terms with thirty (30) days’ notice; continued participation means acceptance. These Terms are governed by the laws of Kenya. Disputes shall first be referred to good-faith negotiation, then to the courts of Nairobi.
