BUDDY Affiliate Programme — Terms and Conditions
Version 2026-11-draft · DRAFT FOR LEGAL REVIEW — not yet in force
These Terms are an agreement between NAGAMING ENTERPRISE (Registration No. [●]), trading as BUDDY, of [registered address] ("BUDDY", "we") and the individual or business accepting them ("Affiliate", "you"). You accept these Terms electronically by ticking the acceptance box when you apply. An electronic acceptance is binding under the Electronic Commerce Act 2006.
1. What this programme is — and is not
1.1 You introduce prospective customers to BUDDY. BUDDY sells, invoices, collects payment, delivers and installs. You earn a fixed referral commission when an introduced sale qualifies under clause 5.
1.2 Joining is free. You are never required to buy products, stock, starter kits, training or services.
1.3 There are no recruitment rewards, team bonuses, overrides, tiers, ranks or downlines. You earn only from genuine sales to genuine end customers. Introducing other affiliates earns nothing.
1.4 This is not an investment or an employment opportunity. BUDDY does not promise or guarantee any level of income.
2. Your status
2.1 You are an independent contractor. Nothing in these Terms makes you an employee, agent with authority to bind, affiliate or joint venturer of BUDDY.
2.2 You have no authority to make any contract, promise, representation, price, discount, warranty or commitment on BUDDY's behalf.
2.3 You are responsible for your own costs, transport, telephone, data, licences, insurance and taxes. BUDDY does not reimburse expenses unless agreed in writing beforehand.
2.4 Your appointment is non-exclusive. BUDDY may appoint other affiliates in any area and may sell directly to any customer.
3. What you must do
3.1 Use only official BUDDY prices, product information, claims and marketing materials supplied through your affiliate portal, without alteration.
3.2 Register every prospect through your affiliate portal or your official BUDDY link before BUDDY receives the enquiry from any other source.
3.3 Before entering a prospect's details, you must: (a) have the prospect's agreement to share their details with BUDDY and to be contacted about their enquiry; and (b) tell them that BUDDY will handle their data under BUDDY's Privacy Notice.
3.4 Comply with all applicable laws, including the Personal Data Protection Act 2010, the Consumer Protection Act 1999, the Trade Descriptions Act 2011 and the Direct Sales and Anti-Pyramid Scheme Act 1993.
3.5 Behave honestly, courteously and professionally with every prospect.
4. What you must NOT do
4.1 Collect, receive or hold any money from a customer, in any form, for any reason. Payments go only to BUDDY's official bank account or payment link, as shown in BUDDY's official quotation or invoice.
4.2 Sign, issue or alter any quotation, contract, receipt, invoice or warranty.
4.3 Offer any price, discount, rebate, gift, cashback or "commission share" not authorised by BUDDY in writing.
4.4 Make any claim that is not in BUDDY's official materials. This includes environmental, health, safety, child-safety, plumbing, regulatory-approval or "government-endorsed" claims, and earnings claims about this programme.
4.5 Conduct door-to-door canvassing or present yourself as a BUDDY employee, officer or official representative.
4.6 Use the BUDDY name, logo or trademarks in any business name, domain name, social-media handle, paid search keyword or advertisement, except through the official materials and links provided. You must not run paid ads on the "BUDDY" brand name.
4.7 Send unsolicited bulk messages (spam), buy contact lists, or scrape personal data.
4.8 Register fictitious, duplicate or self-generated leads, or manipulate attribution in any way.
4.9 Keep, copy or reuse a prospect's personal data after submitting it to BUDDY, except as needed to follow up that same enquiry.
5. Commission
5.1 Amount. BUDDY pays RM250 per Qualifying Unit. There are no tiers: 1 unit = RM250; 3 units = RM750; 10 units = RM2,500.
5.2 Qualifying Unit. A unit counts as a Qualifying Unit only when all of the following are true: (a) the customer was first registered by you under clause 3.2 and attributed to you under clause 6; (b) the customer is a genuine end customer at arm's length from you. Purchases by you, your spouse or your household do not qualify unless BUDDY agrees in writing beforehand; (c) BUDDY has received and verified payment in full; (d) the unit has been delivered and, where BUDDY installs, installed, and the customer has accepted it; (e) BUDDY has marked the order "completed"; and (f) the order has not been cancelled, rescinded or refunded.
5.3 No commission is earned for entering a lead, arranging a meeting, a quotation, a deposit, or a sale that does not meet clause 5.2.
5.4 Special pricing. Where BUDDY approves a special or bulk price, BUDDY will state the commission for that order in writing before you confirm the deal with the customer. If BUDDY states nothing, the standard RM250 applies.
5.5 Changes to the commission rate take effect only for orders created after 30 days' written notice. They never reduce commission already earned.
6. Attribution and disputes
6.1 A customer is attributed to the affiliate who first validly registered that customer's mobile number within the previous 90 days, by portal entry or by an enquiry through that affiliate's official link.
6.2 If two claims compete, BUDDY reviews them using its system records, which are time-stamped and audit-logged. BUDDY's decision, made in good faith, is final.
6.3 Raise any attribution or commission dispute through BUDDY's official contact channel within 30 days of the relevant order being completed. Claims raised later are waived.
7. Payment cycle
7.1 Cut-off. Commission on orders completed between the 1st and the last day of a calendar month (Malaysia time) is approved in that month's cycle.
7.2 Payment date. BUDDY pays approved commission on or before the 14th day of the following month by bank transfer, to a Malaysian bank account in your own name that BUDDY has verified.
7.3 BUDDY may withhold payment until you provide accurate payout and identification details. Withheld amounts are paid in the next cycle after the details are verified.
7.4 Tax. Commission is your income. You must declare it to LHDN. BUDDY will issue any statements required by law (for example, Form CP58) and may make any deductions the law requires.
8. Refunds, cancellations and clawback
8.1 If an order is cancelled, rescinded (including during any statutory cooling-off period) or refunded: (a) before its commission is paid, the commission is reversed and not paid; or (b) after its commission is paid, BUDDY records a clawback equal to that commission and deducts it from your next commission payments.
8.2 If the clawback is not fully recovered within 60 days, you must repay the balance within 14 days of BUDDY's written demand. It is then a debt due to BUDDY.
8.3 BUDDY may set off any amount you owe BUDDY against any amount BUDDY owes you.
9. Personal data
9.1 For BUDDY's customer data you handle, you act only on BUDDY's instructions. You must keep it secure and confidential, use it only for the referral, and must not disclose it to anyone else.
9.2 You must tell BUDDY within 24 hours if you become aware of any loss, leak or misuse of a prospect's personal data.
9.3 BUDDY processes your own personal data (identity, contact, bank, performance) to run the programme, pay you and meet legal obligations, as set out in BUDDY's Privacy Notice.
10. Brand and materials
10.1 BUDDY grants you a revocable, non-exclusive, non-transferable licence to use the official materials and links, only to promote BUDDY products during your appointment.
10.2 All goodwill from your use of BUDDY's brand belongs to BUDDY. The licence ends automatically when your appointment ends.
11. Suspension and termination
11.1 Either party may end the appointment on 14 days' written notice, for any reason.
11.2 BUDDY may suspend or terminate immediately if you breach clause 4 or clause 9, act dishonestly or fraudulently, harm BUDDY's reputation, or if BUDDY must do so to comply with law or a regulator's direction.
11.3 After termination: (a) commission for Qualifying Units completed before the termination date is still paid in the normal cycle; (b) except commission connected to the fraud, misrepresentation or breach that caused the termination, which is forfeited and, if already paid, recoverable under clause 8.
12. Liability and indemnity
12.1 You indemnify BUDDY against losses, fines, claims and reasonable legal costs arising from your breach of these Terms, your misrepresentation to any person, or your misuse of personal data.
12.2 To the extent the law allows, BUDDY's total liability to you under these Terms is limited to the unpaid commission properly due to you. BUDDY is not liable for loss of profit, loss of opportunity or indirect loss.
12.3 Nothing in these Terms excludes liability that cannot lawfully be excluded.
13. Changes to these Terms
BUDDY may change these Terms by giving 30 days' notice through your affiliate portal or by email. If you keep participating after the effective date, you accept the change. If you do not agree, you may terminate under clause 11.1 before that date. A change never removes commission already earned.
14. Regulatory compliance
BUDDY may change, pause or restrict the programme at any time, without liability, to comply with any law, licence condition or direction of the Ministry of Domestic Trade and Cost of Living (KPDN) or any other authority.
15. General
15.1 Entire agreement. These Terms, the Privacy Notice and BUDDY's written programme notices are the whole agreement between us.
15.2 Severability. If any provision is invalid, the rest remains in force, and the invalid provision is read down to the extent needed to be valid.
15.3 No waiver. A failure or delay by BUDDY in enforcing a right is not a waiver of it.
15.4 Assignment. You may not assign or subcontract these Terms. BUDDY may assign them to a related company or to a successor of its business.
15.5 Notices. BUDDY may give notice through the affiliate portal, by email or by WhatsApp to the contact details you registered. You must give notice to [official BUDDY email].
15.6 Governing law. These Terms are governed by the laws of Malaysia. The parties will first try in good faith to resolve any dispute by discussion within 30 days. Failing that, the courts of Kuala Lumpur have exclusive jurisdiction.
15.7 Language. If BUDDY issues a Bahasa Melayu version, the English version prevails to the extent permitted by law.