This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in ecard9ja.comAffiliate Program. The purpose of this Agreement is to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company's good name. Please note that throughout this Agreement, "we,""us," and "our" refer to ecard9ja.com, and "you,""your," and "yours" refer to the affiliate.
2. Affiliate Obligations
- 2.1. To begin the enrollment process, you will complete and submit the online application at ecard9ja.com. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that information supplied to us is false;
- 2.1.1. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are ecard9ja.com or any other affiliated business.
- 2.1.2. You may not Incorporate any material which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- 2.1.3. You may not in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
- 2.2. As a member of ecard9ja.com Affiliate Program, you will have access to Affiliate Account(customer package). Here you will be able to review our Program’s details and previously-published affiliate newsletters, (that provides for links to web pages within the ecard9ja.com web site) and banner creative’s, browse and get tracking codes for our shopping voucher and deals. In order for us to accurately keep track of all guest visits from your link to ours, you must use affiliate link we provide you with.
- 2.3. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to materials you use in promoting us. You must have express permission to use any person's copyrighted material, whether it be writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party's rights.
3. Rights and Obligations
- 3.1. Ecard9ja.comreserves the right to terminate this Agreement and your participation in the ecard9ja.com Affiliate Program immediately and without notice should you commit fraud in your use of the ecard9ja.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, ecard9ja.com shall not be liable to you for any commissions for such fraudulent sales/activities.
- 3.2. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Our membership program runs for a period of 50weeks which can be renewed. Note that contract must run for the above said period of time before contract expires. You cannot end contract when your contract still runs, but if you terminate your contract before it expires there would be no refund.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and ecard9ja.com Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in ecard9ja.com Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your consent and agreement to the changes.
Ecard9ja.compays to your ecard9ja prepaid MasterCard Discount and Credit card account. Withdrawal can take up to 2weeks before members get paid due to processing time. Note that every package gets 30% return commission team bonus, 20% on referrals.
7. Access to Affiliate Account Interface
You will create a password so that you may enter ecard9ja.com secure affiliate account interface. From our site you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote us in legally accepted way, but naturally any promotion that mentions ecard9ja.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by ecard9ja.com. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote ecard9ja.com so long as the recipient is already a customer or subscriber and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote ecard9ja.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from ecard9ja.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the ecard9ja.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
9. Grant of Licenses
- 9.1. We grant to you a non-exclusive, non-transferable, revocable right to; (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of ecard9ja.com Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of ecard9ja.com.
- 9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
PAYMENT MADE TO US TO GET A MEMBERSHIP PACKAGE IS NOT AN INVESTMENT, YOU BUY ANY OF OUR (CUSTOMER PLANS) WITH OFFERS.
11. Representations and Warranties
You represent and warrant that:
- 11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- 11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- 11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED COMMISION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL ECARD9JA.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless ecard9ja.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on; (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
- 15.1. You agree that you are an independent affiliate, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and ecard9ja.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Site or any other of your Site or otherwise, that reasonably would contradict anything in this Section.
- 15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
- 15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria (FRN) without regard to the conflicts of laws and principles thereof.
- 15.4. You may not amend or waive any provision of this Agreement
- 15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
- 15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
- 15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.