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Terms & Conditions

General Terms and Conditions for Publisher Clause 1 Scope These General Terms and Conditions of Business shall apply to the contractual relationship between Rahisi Construction Supplies Limited, (RCS) Kenya and partners in the RCS Kenya partner program. The Partner's own terms and conditions of business shall require the express written consent of RCS Kenya and shall therefore not be applicable even if RCS Kenya does not object to their validity. Clause 2 Contract Formation A contract between RCS Kenya and a Partner in respect of the placement of RCS Kenya advertising materials shall be formed exclusively via the platform's application procedure, in the context of which the Partner shall submit a bid to participate in the RCS Kenya Partner Program, thereby accepting these General Terms and Conditions of Business. The Partner shall have no entitlement to acceptance of said bid or to formation of a contract with RCS Kenya. The Sign-Up Form together with these terms and the acceptance into the program will together constitute a framework agreement between RCS Kenya and the Publisher. Clause 3 Subject of the Contract 1) The subject of this Contract shall be participation in the Partner Program and promotion of RCS Kenya by the Partner as a publisher in the context of the platform. To this end, RCS Kenya shall make a selection of advertising materials (e.g. advertising banners, buttons, text links, product data feed, newsletter templates) available to the Partner as an advertiser via the Partner Program. 2) The Partner shall be solely responsible for placing the RCS Kenya advertising materials on its website(s) registered in the RCS Kenya Partner Program (hereinafter referred to as"PartnerWebsite"). The Partner shall be free to decide whether and how long to place the RCS Kenya advertising materials on the Partner Website. It shall be entitled to remove the RCS Kenya advertising materials again at any time. The Partner is only allowed to place RCS Kenya advertising materials on its Partner Websites registered and approved by RCS Kenya. 3) In return for the promotion and successful brokerage of transactions (e.g. orders, leads), the Partner shall receive from RCS Kenya a brokerage commission, which shall depend on the extent and real value of the service. 4) The RCS Kenya Partner Program shall not establish any other contractual relationship between the Parties that goes beyond this Contract. 5) RCS Kenya shall reserve the right to amend these General Terms and Conditions of Business at any time. The Partner shall be informed of any changes via e-mail. Should the Partner not agree to the changes, it shall be entitled to inform RCS Kenya thereof until four weeks after receipt of the notification of the change. If the Partner does not provide such notification within this period, the changes shall be deemed to have been accepted and shall take effect at the end of the period. RCS Kenya shall, in its notification of the change, advise the Partner of the importance of the four-week deadline. Clause 4 Definition and Interpretation Account .The Publishers account enables the Publisher to participate in the Affiliate Program and provides it with statistical and financial information. Advertiser -The contract partner, offering its products/goods or services. Advertiser’s Website- Website on which the Advertiser sells its products/goods or services online. Advertising Media-The Media that usually is a website of a Publisher. The website, including all sub-pages, requires the Registration by the Publisher. The Advertising Media may also include other marketing media mechanics, such as engine or newsletter marketing. Affiliate Program Pay per click, impression, lead or sale Affiliate Programs operate on behalf of the Advertiser. Click A user’s call of a hyper link for the Advertisers Affiliate Program, leading to the Advertisers Website. Customer- A natural person who accesses to the Advertising Media of the Publisher and/or the Website of the Advertiser. Hyperlink Is a link to the Advertisers website in form of the exact URL, provided via the Affiliate Program, for use by the Publisher in his Advertising Media (e.g. registered Websites), that identifies the Publisher. Lead Certain action on the Advertisers website: e.g. registration or newsletter sign up. Publisher Commission The reward received by a publisher for delivering a sale or an agreed action (e.g. lead). Sale A sale is the act of selling a product or service in return for money done by one of the Advertisers customer via the Publishers Hyperlink. Sign-Up Form It is the Sign up form accessible via the Affiliate Program to register for the Affiliate program. View Refers to the amount of times an advertisement is shown on the Advertising Media. Clause 5 Obligations of the Partners 1) The Partner shall be expressly prohibited from using advertising material other than that made available to it by RCS Kenya via the platform and from modifying said material without authorization. 2) Mailing partners shall be activated separately. The Partner shall not, without prior written consent by RCS Kenya, be allowed to use advertising e-mails to promote RCS Kenya. Every e-mail send out by the Partner is to be approved by RCS Kenya. 3) The Partner itself shall be responsible for the content and routine operation of its Partner Website and shall, for the term of this Contract, place no content on said Website that breaches applicable law, public morals or third-party rights. Prohibitions shall include, but not be limited to, representations that Glorify violence, sexual and pornographic content and illustrations, misleading statements or discriminatory content (e.g. in respect of gender, race, politics, religion, nationality or disability). Such content may neither be mentioned on the Partner Website, nor may links be created from the Partner Website to corresponding content on other websites. 4) The Partner shall be prohibited from maintaining on the Internet websites that might give rise to a risk of confusion with the web presence of RCS Kenya. The Partner shall neither be allowed to mirror said presence nor to copy graphics, texts or other content from RCS Kenya website. In particular, the Partner shall avoid creating the impression that the Partner Website is a project of RCS Kenya or that its operator is economically linked to RCS Kenya in any way that goes beyond the RCS Kenya Partner Program and this Contract. Any use, by the Partner, of materials or content from RCS Kenya web presence or its logos or brands shall require RCS Kenya prior written approval. 5) The Partner shall undertake to carry out e-mail advertising solely in compliance with the double opt-in procedure and in accordance with all relevant competition law provisions and information requirements under consumer law, particularly the legal notice and the unsubscribe option. The Partner shall indemnify RCS Kenya against all third-party claims on account of misleading and/or missing and/or incorrect information in the advertising e-mails that fall within the Partner's area of responsibility. 6) The Partner shall be liable, vis-à-vis RCS Kenya, for ensuring that its advertising e-mails are in neither direct nor indirect breach of domestic and/or foreign third-party property rights and/or other rights that do not enjoy any special statutory protection. 7) The Partner shall not undertake to use the name "RCS Kenya" either in the e-mail address of the sender or in the subject line of the e-mail, or in the source code, and shall ensure that the Partner is sufficiently identifiable as the sender of the advertising e-mail. All advertising materials shall, prior to use, require RCS Kenya approval, either in written or electronic form. 8) Search engine marketing and other keyword-based advertising for the RCS Kenya brand and private labels shall not be permitted; in other words, "RCS Kenya" must be entered as a negative keyword. In the event of a breach, all generated sales shall be cancelled. Site links in Google AdWords advertisements may be entered in connection with RCS Kenya only if they refer to a landing page of the Partner Website on which RCS Kenya is exclusively promoted. Site links may expressly not be placed on the RCS Kenya brand or on misspellings or generic terms related to the RCS Kenya product range, nor shall direct forwarding from within the Google advertisement be permitted. Product lists within Google Shopping product search shall be expressly prohibited. 9) The Partner shall warrant that it will set cookies only if advertising material made available by the RCS Kenya Partner Program is in visible use on the Partner Website and the user clicks voluntarily and consciously. The use of layers, add-ons, iFrames and post view technology shall, in principle, not be permitted and strictly prohibited. 10) The Partner may promote solely vouchers that RCS Kenya has approved explicitly for affiliates and/or communicated by means of Partner newsletters. The promotion of other vouchers, for instance from end customer newsletters, print advertisements or customer service contacts, shall not be permitted. In the event of any breach, all transactions shall be cancelled. 11) Any culpable infringement, by the Partner, of the foregoing paragraphs 1) – 10) or any other industrial property rights or copyright of RCS Kenya shall entitle RCS Kenya to terminate this Contract for good cause in accordance with the statutory provisions. This shall not affect any additional claims against the Partner to which RCS Kenya is entitled. In particular, RCS Kenya shall be entitled, vis-à-vis the Partner, to withhold or cease all and any services related to said Partner. 12) The Partner shall remove RCS Kenya advertising material without delay from the Partner Website if RCS Kenya requests it so to do. 13) If RCS Kenya issued by third parties on account of the Partner's culpable breach of contractual obligations, particularly those set out in the foregoing paragraphs 1) – 10), or on account of the Partner’s violation of a statutory provision in relation to the placement of RCS Kenya advertising material, the Partner shall be obliged to indemnify RCS Kenya against all third-party claims that are asserted on account of the aforementioned breaches. If, for its legal defense, RCS Kenya requires the Partner to Provide information or explanations, the Partner shall be obliged to make same available to RCS Kenya without delay and also to provide reasonable support to RCS Kenya in its legal defense. In addition, the Partner shall compensate RCS Kenya for any costs resulting from a claim by third parties on account of the infringement of the aforementioned rights and/or obligations; such costs shall, for example, include lawyers' fees (hourly rate of 650USD), court costs, particularly costs of independent proceedings for taking evidence, damages and other disadvantages that RCS Kenya suffers thereby. Clause 6 Services of RCS Kenya 1) Once the Partner has been admitted to the RCS Kenya Partner Program, it shall be provided with a wide range of advertising material, which shall be adapted at regular intervals in line with the product range and seasonal influences. The Partner may request individual provision of formats or newsletter templates from RCS Kenya at any time. 2) RCS Kenya shall operate its website and the services offered thereon, such as the provision of product data, within the limits of the technical capacities available to RCS Kenya. RCS Kenya shall not be obliged, within these limits, to provide error-free and interruption-free availability of the website. The quality and correctness of the products, advertising material and CSV files offered by RCS Kenya on the website shall fall within the exclusive discretion of RCS Kenya. 3) All activities of the Partner shall be logged via the platform tracking system and made accessible to the Partner via the platform statistics and reports. The commission that RCS Kenya pays to the Partner once a month shall be based on the brokered orders and the resulting net shopping basket value. All net sales that are completely retained by the customer after delivery and all net sales retained by the customers after partial returns shall also be taken into account here. 4) The Partner shall, in the context of its participation in the platform and in accordance with the terms and conditions that it agreed with RCS Kenya in this respect, be entitled to receive a commission from RCS Kenya in relation to transactions that are generated, by its active promotion of RCS Kenya on the Partner Website registered with the Partner Program, within the first session and for thirty days thereafter. Clause 7 Terms of Contract and Termination 1) The term of this Contract shall be based on the duration of the Partner's membership of the RCS Kenya Partner Program in the context of the platform. 2) Following termination of the Contract, the Partner shall, without being requested to do so, immediately delete the information and advertising material submitted to it. The Partner shall have no right of retention in this respect. The Partner shall, at RCS Kenya request, provide RCS Kenya with written confirmation of the deletion. Clause 8 Confidentiality 1) Confidential information shall be any information and documents belonging to the respective other Party that has been marked as confidential or can be regarded as confidential based on the circumstances. This shall include, in particular, information about terms and conditions, sale specifications and evaluation materials that are made available to the Partner by RCS Kenya employees. 2) The Parties shall agree to maintain silence in respect of confidential information. The Partner shall disclose confidential information only to those employees that need to be aware of it to implement this Contract. The Partner shall oblige said employees to maintain secrecy in respect of the confidential information during and after their activity. 3) The duty of non-disclosure shall apply for an unlimited period beyond the term of this Contract. Clause 9 Assignments, Rights of Retention, Set-Off 1) The Partner may transfer claims against RCS Kenya based on this Contract to third parties only with RCS Kenya’s written consent. 2) Either Party to the Contract may set off or exercise a right of retention only in relation to the other Party’s receivables that are uncontested or have become res judicata. Clause 11 Final Provisions (1) This Contract shall be governed by the law of Kenya without giving effect to any international and supranational (contractual) laws, particularly the UN Convention on the International Sale of Goods. (2) The sole place of jurisdiction for any disputes arising from the contractual relationship shall be Kenya/Nairobi, which sole jurisdiction shall also apply to international matters. RCS Kenya may alternatively take legal action at the Partner's general place of jurisdiction. (3) There shall be no oral ancillary agreements to this Contract. Amendments and addenda to the Contract shall require the written form. This shall also apply to the amendment or rescission of this clause. Documents provided in electronic form shall not comply with the written form requirement. (4) Should individual provisions in this Contract be invalid or unenforceable, this shall not affect the validity of the other provisions. The Parties to the Contract shall endeavor to replace the invalid or unenforceable provision with one that best meets the contractual objective in legal and economic terms. The same shall apply in the event of a lacuna. Should you have any queries, please do not hesitate to contact the RCS Kenya Affiliate Team at the following address: Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

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