Privacy Policy

01. Purpose And Nature Of The Policy

1.1. This Policy establishes the terms and conditions of the Robust Growth Partners Programme (the "Programme"), under which employees and independent contractors of Robust Marketing ("Robust" or the "Company") may introduce qualified new prospects from their networks to Robust and earn commission calculated on the Gross Revenue (as defined in Section 5.2) generated from successful referrals, at the applicable commission rate determined by the band structure set out in Section 5.3, subject to the margin-protection cap in Section 5.4. Commission is a once-off amount per inception year (and a further once-off amount only on a qualifying renewal), as set out in Section 5.5; it is not a recurring monthly payment.

1.2. A person participating in the Programme is referred to in this Policy as a "Participant".

1.3. Nature of the Policy: This is an internal company policy. It is not an employment contract, and it does not create any contractual right, entitlement, or expectation beyond what is expressly set out herein. Participation in the Programme is voluntary, strictly discretionary, and forms no part of a Participant's guaranteed remuneration.

02. Status, Duration And Amendment

2.1. Effective date and duration: This Policy takes effect on the Effective Date and remains in force for twelve (12) months. It automatically renews for successive twelve (12) -month periods unless, before the end of any period, Management gives notice that it will not renew, or will amend or withdraw, the Policy. Management will conduct a review of the Programme, including the commission bands and rates, the margin-protection cap and its cost definition, the minimum payout threshold, and eligibility, at least once in each 12-month period. Continuation of the Programme beyond any period is not guaranteed. An amendment, non-renewal or withdrawal does not affect commission that has already crystallised (see Section 2.3).

2.2. Amendment: Management may change, amend, vary, suspend, or withdraw this Policy (including the band structure, commission percentages, the minimum payout threshold, and eligibility criteria). (a) For employee Participants, this may be done unilaterally and without notice, reflecting the discretionary nature of the Policy. (b) For independent contractor Participants, any change to the commission rates, band structure or minimum payout threshold takes effect with thirty (30) days' written notice; other administrative amendments may be made with reasonable notice. In all cases the version of the Policy in force at the relevant time applies to future, uncrystallised referrals.

2.3. No accrued rights removed: An amendment or withdrawal will not remove a Participant's entitlement to commission that has already fully crystallised (cleared funds) in terms of Section 5.5/Section 6 prior to the amendment or withdrawal.

03. Eligibility And Scope

3.1. Who may participate: The Programme is open to all current employees and independent contractors of Robust, unless excluded in writing by Management.

3.2. New clients only: The Programme applies exclusively to the introduction of new clients. No commission is payable in respect of:

1. Existing clients or existing suppliers of Robust;
2. Former clients with whom Robust has had a relationship within the preceding twelve (12) months;
3. Prospects registered in Robust's sales pipeline or CRM at the date of introduction.

3.3. Multiple introducers: Where more than one Participant claims to have introduced the same prospect, the Participant who first formally registered the prospect in writing (via email or the designated CRM channel) will be recognised as the introducer of record. Robust/Management will confirm in writing, within five (5) Business Days of a registration, whether the prospect is accepted or already in its pipeline/CRM. Management's determination of the introducer of record is final, subject to Section 14.5.

3.4. Independent contractor status: For employee Participants, this Policy does not amend their employment contracts. For independent contractor Participants, nothing in this Policy creates an employment relationship.

04. Lead Registration & Protection

4.1. Formal Registration: No commission entitlement shall arise unless a Lead has first been formally registered and acknowledged in writing by Robust (via email to info@robustmarketing.co.za or via the designated CRM). Submissions must contain client details, primary decision-maker, contact information, nature of the opportunity, and estimated contract value.

4.2. 90-Day Protection Period: Approved Leads shall remain protected for ninety (90) calendar days. Protection will expire, and the lead will be released back to the general pool, if:

1. No material engagement occurs within the 90 days;
2. The Participant becomes inactive or unresponsive;
3. The opportunity is abandoned by the prospect;
4. False or misleading information was submitted; or
5. The Participant expressly relinquishes ownership.

4.3. Lead Quality & Performance: A qualifying Lead must, to Robust's reasonable assessment, evidence: an active marketing need; access to a decision-maker; an identifiable budget or commercial opportunity; and an openness to engaging a specialist marketing partner. Robust may, acting reasonably and in good faith, decline to register any Lead that does not meet this standard, in which case no commission entitlement arises. Where a Participant repeatedly submits Leads that are low-quality, speculative, non-responsive, or that fail to convert due to the Participant's misrepresentation or lack of genuine engagement, Robust may, acting reasonably and in good faith: suspend or remove that Participant from the Programme; decline to register further Leads; and/or forfeit uncrystallised commission, without prejudice to Sections 4.2, 7 and 10.

05. Commission Structure

5.1. Sole financial benefit: A Participant's sole and exclusive financial benefit under the Programme is the commission set out in this Policy. Participants have no claim to equity, profit-sharing, or ownership of client accounts.

5.2. Commission calculation (Gross Revenue basis): The headline commission is calculated on the Gross Revenue of the referred client's contract, subject to the margin-protection cap in Section 5.4.

1. Gross Revenue means the total media spend and/or total contract revenue payable by the referred client to Robust, including any third-party media spend, measured excluding VAT.
2. Example: A referred client's Gross Revenue is R100,000 (excluding VAT). This falls within the first band (R0.01 - R250,000), so the applicable rate is 4.00%. The headline commission is 4.00% × R100,000 = R4,000 (excluding VAT), payable provided it does not exceed the margin-protection cap in Section 5.4.

5.3. Incentive band structure: The commission rate is determined by the Gross Revenue of the referred client's contract (per annum), and that same Gross Revenue is the amount to which the rate is applied (all amounts in ZAR, per annum, excluding VAT):

A single flat rate, determined by the band into which the total annual Gross Revenue falls, is applied to the whole amount; the rates are not marginal or cumulative. Commission accrues on any positive Gross Revenue from R0.01 (the start of the first band), subject to the margin-protection cap in Section 5.4 and to the minimum payout threshold in Section 6. Gross Revenue above R1,000,000.00 is governed by Section 5.8 (high-value referrals).

5.4. Margin-protection cap (commission limited to Total Profit retained): Notwithstanding Sections 5.2 and 5.3, the commission payable on any referred client shall be the lower of:

1. the band rate × Gross Revenue (the headline commission); and
2. the Total Profit that Robust actually earns on that client.

Total Profit means, in respect of a referred client, the Gross Revenue received by Robust from that client, less (i) third-party media and pass-through costs billed through Robust at cost, and less (ii) the direct costs incurred by Robust to deliver the work for that client (as determined by Robust's finance function on a consistent basis, acting reasonably and in good faith), measured excluding VAT. General overheads and indirect costs are not deducted. If the Total Profit on a client is zero or negative, no commission is payable on that client.

The effect of this cap is that commission is always funded from revenue Robust retains; Robust will never pay out more commission than the Total Profit it earns on a client. On a healthy-margin deal the cap does not reduce the headline commission; on a thin-margin or at-cost pass-through deal the cap limits the commission to the Total Profit retained. Robust shall calculate Total Profit reasonably, in good faith and on a consistent basis. A Participant may request reasonable supporting detail of the cap calculation, subject to confidentiality.

5.5. Once-off commission & 90-day retention (crystallisation): Commission under this Policy is a once-off amount per inception year; it is not earned or payable on a recurring monthly basis while a client is retained month-on-month.

1. Initial commission: the once-off initial commission crystallises (is earned) only once the referred client has remained an active, paying client in good standing for a continuous period of ninety (90) days from the date of the client's first cleared payment to Robust. Once crystallised, it is released in the next monthly payment cycle under Section 6, subject to the minimum payout threshold in that Section.
2. If the client cancels, fails to pay, or otherwise ceases to be active before the 90-day period elapses, no initial commission crystallises, and any amount already advanced on account of it is recoverable under Section 7.
3. Renewal commission: a further once-off amount arises only on a qualifying renewal, strictly as set out in Section 5.6. No commission is earned or payable for merely retaining a client from month to month within a contract year.

5.6. Year Two Renewal Bonus (Capped Recurring Commissions): To protect the Company from perpetual liabilities, commissions on renewals are strictly capped. A Participant is entitled to a one-time Year Two Renewal Bonus, subject to the following strict conditions:

1. The client contract must renew within twelve (12) months of the initial inception date.
2. The client must remain in good standing, and all invoices must be paid in full.
3. The Year Two Gross Revenue must equal or exceed the Year One Gross Revenue.
4. If these conditions are met, the Participant will receive a once-off renewal bonus calculated on the Gross Revenue of the Year Two contract (applying the band structure and the margin-protection cap in effect at the time of renewal), crystallising once the Year Two contract has satisfied the 90-day retention requirement in Section 5.5 and released subject to the minimum payout threshold in Section 6.
5. No further renewal commissions or "lifetime value" commissions shall be payable for Year Three or any subsequent years.
6. For the avoidance of doubt, any reference in Robust's marketing or partner materials to an "annual renewal" commission means, at maximum, the single once-off Year Two Renewal Bonus described in this clause.

5.7. Media-only referrals: Because the headline commission is calculated on Gross Revenue (which includes third-party media spend), a referral that purchases only media is assessed on its total media spend at the applicable band rate, but always subject to the margin-protection cap in Section 5.4. Accordingly: where Robust retains a margin on that media, the Participant is paid commission on it at the band rate (capped at the Total Profit retained); where third-party media is passed through strictly at cost with no margin retained by Robust, the cap limits the commission to the Total Profit Robust actually earns on that client. Small and large accounts are assessed on the same basis.

5.8. High-value referrals (above R1,000,000): The first R1,000,000.00 of a referred client's annual Gross Revenue qualifies for commission at the top confirmed band (5.50%) automatically, subject to the margin-protection cap. Any Gross Revenue above R1,000,000.00 (and any commission rate higher than 5.50%) shall qualify only if expressly approved in writing by the CEO before engagement commences. In the absence of such written approval, commission on that client shall be calculated as if the Gross Revenue were R1,000,000.00. Robust/Management shall confirm approval or refusal in writing, acting reasonably and in good faith, within five (5) Business Days of a request.

5.9. VAT: All commission calculations and payments are exclusive of VAT. The client's Gross Revenue is measured excluding VAT. Where an independent contractor Participant is a registered VAT vendor, that Participant shall account for and remit any VAT due on the commission received. For employee Participants, commission is processed through payroll subject to statutory deductions (Section 6.3).

06. Payment Terms (Strict "Pay-When-Paid")

1. Cleared funds requirement: Commission is released only once the client's payment has been received, cleared, and reflected in Robust's designated bank account. No commission is payable on invoiced, outstanding, unpaid, refunded, or cancelled amounts.
2. Payment cycle (not recurring commission): Once a once-off commission has crystallised under Section 5.5, it is paid in ZAR (excluding VAT) by the 15th of the following month, subject to the minimum payout threshold in paragraph 5 below. This monthly cycle is a payment-administration cycle only; it does not create any monthly recurring commission.
3. Payment method: 3.a. For employee Participants, commission will be processed through the standard payroll system and is subject to all statutory deductions (PAYE, UIF, SDL). 3.b. For independent contractor Participants, payment is made by Electronic Funds Transfer (EFT) to their nominated bank account. They are solely responsible for their own tax affairs.
4. Cancellation & non-renewal: If a client cancels, fails to pay, or does not renew, no commission (and no renewal commission) accrues in respect of the unpaid or cancelled period, and the 90-day retention requirement in Section 5.5 will not be satisfied.
5. Minimum payout threshold: Commission accrues from R0.01 of Gross Revenue and is the Participant's entitlement once crystallised; however, Robust shall remit payment only once the Participant's accrued, crystallised and unpaid commission reaches R250.00 (excluding VAT), or at the end of each calendar quarter, whichever occurs first. Any commission below the threshold at a payment date, rolls forward and remains the Participant's entitlement (subject to Section 7). The threshold governs only the timing of payment and does not affect the Participant's entitlement to accrued commission.

07. Commission Clawback & Payroll Deduction Consent

7.1. Robust Marketing reserves the right to recover or claw back commission already paid where:

1. A client payment is reversed, bounces, or is subsequently written off as bad debt (in each case only where commission had already been paid or advanced on those funds);
2. Invoices are credited or refunds are issued to the client;
3. Fraud, dishonesty, or significant misrepresentation is discovered;
4. Commission was calculated incorrectly due to Participant error or omission; or
5. An amount was advanced before the 90-day retention requirement in Section 5.5 was satisfied and the client subsequently fails to satisfy it.

7.2. Recovery Mechanism: Recovery may occur through deduction from future commissions, a demand for direct repayment, or legal proceedings.

7.3. Consent to Deduction (Employees): By signing this Policy, any Participant who is an employee explicitly provides written consent in terms of the Basic Conditions of Employment Act (BCEA) for Robust to deduct any clawed-back or overpaid commission amounts directly from their future salary, payroll commissions, or final settlement payments.

08. Client Ownership, Non-Solicitation & Non-Circumvention

8.1. Client ownership: Once a prospect becomes a Robust client, Robust owns 100% of the client relationship, account, data, and all related intellectual property. Participants have no ownership rights over the client's account.

8.2. Non-solicitation: While participating in the Programme, and for a period of twelve (12) months after the Participant's participation ends, a Participant must not, directly or indirectly, in relation to any client that the Participant introduced or with whom the Participant had material contact through the Programme:

1. Solicit, divert, or attempt to divert that client to another agency or business;
2. Bypass Robust to provide services directly to that client;
3. Interfere with Robust's relationship with that client; or
4. Attempt to negotiate direct contracts or compensation with that client that bypass this Policy/Programme.

09. Confidentiality, Popia & Conflict Of Interest

9.1. Confidential information: Participants must keep all proprietary information (pricing structures, cost and margin structures, client lists, strategies) strictly confidential. This obligation survives indefinitely.

9.2. POPIA compliance: Participants must comply with the Protection of Personal Information Act (POPIA) when handling any personal information or prospect data.

9.3. Conflict of Interest: Participants must immediately disclose any actual, potential, or perceived conflict of interest. Failure to disclose may result in immediate removal from the Programme and forfeiture of commission.

10. Fraud And Misconduct

Any fraud, dishonesty, bribery, corruption, or unethical conduct by a Participant will result in:

1. Immediate removal from the Programme;
2. Forfeiture of all unpaid and future commissions;
3. In the case of employees, immediate disciplinary action up to and including summary dismissal;
4. Potential criminal referral and civil recovery proceedings.

11. Limitation Of Liability And Indemnity

11.1. To the maximum extent permitted by law, Robust is not liable to any Participant for any indirect, incidental, special, consequential, or punitive damages, or loss of anticipated profits.

11.2. Robust's total aggregate liability to a Participant in connection with the Programme will not exceed the total commission actually paid to that Participant in the three (3) months preceding the claim.

11.3. Each Participant indemnifies Robust against all claims, damages, or legal fees arising from the Participant's breach of this Policy, misrepresentation of services, or violation of applicable laws (including POPIA).

12. Ending Participation And Effect On Commission

12.1. A Participant may withdraw from the Programme at any time on written notice. Robust may remove a Participant at any time, with immediate effect, including for breach of this Policy.

12.2. A Participant's participation ends automatically on termination of their employment or contractor engagement with Robust.

12.3. Effect on commission when participation ends:

1. Forfeiture of Future Renewals: Upon termination of employment or engagement, the Participant will immediately forfeit all rights to future, uncrystallised commissions, including any Year Two Renewal Bonuses that have not yet been earned and paid prior to the termination date.
2. No New Leads: No commission is payable for prospects introduced after participation ends.
3. Crystallised Commissions: All unpaid commission that fully crystallised (cleared funds, and the 90-day retention requirement satisfied) before participation ended will be paid in accordance with Section 6 (including any rolled-forward commission that has crystallised and met the minimum payout threshold, or at the next quarter-end), unless participation was ended for breach, fraud, or illegal conduct, in which case Management may forfeit further commission at its discretion (subject to Section 14.5).

13. Dispute Resolution

13.1. Internal Grievance (Employees): Any dispute regarding commission calculations or lead ownership for employee Participants must first be referred to the Finance Department and then to the CEO. The CEO's decision is final, subject to Section 14.5. This internal process does not override an employee's statutory rights to refer an unfair labour practice dispute to the CCMA.

13.2. Mediation & Arbitration (Independent Contractors): For independent contractor Participants, any dispute arising out of this Policy shall be resolved through good-faith negotiation. If unresolved within fifteen (15) Business Days, the dispute shall be referred to mediation. Failing resolution, the dispute shall be finally resolved by arbitration administered by the Arbitration Foundation of Southern Africa (AFSA). The arbitration award shall be final and binding.

14. General Provisions

14.1. Governing law: This Policy is governed by the laws of the Republic of South Africa.

14.2. Whole policy: This Policy replaces and supersedes all prior communications, representations, or draft arrangements relating to the Growth Partners Programme.

14.3. Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

14.4. Queries and notices: All queries, prospect registrations, and notices must be sent in writing to info@robustmarketing.co.za.

14.5. Exercise of discretion (good faith): Any approval, determination, decision or discretion reserved to Robust or Management under this Policy, including any described as "final", "sole" or "absolute”, shall be exercised reasonably, in good faith, and not in an arbitrary or capricious manner, and is subject to the dispute-resolution provisions of Section 13. Accordingly, each reference in this Policy to a determination or decision being "final" is to be read as "final, subject to this Section 14.5 and to Section 13." For employee Participants, nothing in this Section limits the statutory rights preserved in Section 13.1.

Acknowledgment Of Receipt And Consent

I, the undersigned, acknowledge that I have received, read, and understood the Growth Partners Programme Policy. I understand and agree that:

1. This is an internal discretionary policy and does not form part of my guaranteed remuneration (if I am an employee).
2. Commission is calculated on Gross Revenue (the client's total spend / contract revenue payable to Robust, including third-party media, excluding VAT) at the applicable band rate, subject to a margin-protection cap so that commission never exceeds the Total Profit Robust retains on a client; it is not calculated on Robust's internal cost or profit. Commission accrues from the first Rand (R0.01) of eligible revenue.
3. Commission is a once-off amount per inception year that crystallises only after the client has stayed active and paying for 90 days; it is not a monthly recurring payment. Recurring commission is strictly capped at a once-off Year Two Renewal Bonus.
4. Payment of crystallised commission is made once my accrued, crystallised and unpaid commission reaches R250.00 (excl. VAT) or at the end of a calendar quarter, whichever is first; any amount below the threshold rolls forward and remains my entitlement.
5. I provide my explicit written consent for Robust Marketing to deduct any clawed-back or overpaid commission amounts directly from my future salary, payroll commissions, or final settlement payments (if I am an employee).
6. Management may amend or withdraw this Policy as set out in Section 2.2 (for employees, unilaterally and without notice; for independent contractors, commission/band/threshold changes with 30 days' notice), subject to the protection of already-crystallised commission in Section 2.3, and all discretions are exercised reasonably and in good faith (Section 14.5).

Signature And Acceptance

The original policy includes a participant signature and acceptance section. Viewing this page does not sign or accept that policy. Contact Robust for the agreement and signature process.