Affiliate Agreement

 

As an authorized affiliate (Affiliate) of Penitude Enterprises (NaijaFund), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting NaijaFund as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on donations made to campaigns created by individuals referred to NaijaFund by your own website or personal referrals.

By signing up for the NaijaFund Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

1. Approval or Rejection of the Application
   We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

2. Commissions

For a sale to generate a commission to an Affiliate, the donor must remit contribution payment for the campaign. Commissions will only be paid on payments that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.
Commissions will be paid once a month.
You cannot refer yourself, and you will not receive a commission on your own accounts.
The Affiliate will continue to accumulate commissions on a recurring basis for each successful donation to the campaign(s) created by the referral.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
An Affiliate can request a payment when their balance reaches a minimum balance of  ‎₦1000. Payments can be requested every 30 days. Payment processing can take up to 30 days from the request date. Payments will generally be paid out by Bank transfer.

1. Usage and Obligations
   Affiliates are permitted to use the NaijaFund brand and marketing resources available in the Affiliates section of the NaijaFund application. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.

The Affiliate will never imply that they are acting on behalf of NaijaFund and will never advertise NaijaFund products directly. The Affiliate will never bid for advertisements that compete with NaijaFund.

The Affiliate will never represent themselves, NaijaFund or their relationship with NaijaFund in a false or misleading way.

The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing NaijaFund.

1. Termination
   Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Advertising on sites containing or promoting sexually explicit materials.
Advertising on sites containing or promoting violence.
Advertising on sites containing or promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.

Violation of intellectual property rights. NaijaFund reserves the right to require license agreements from those who employ trademarks of NaijaFund in order to protect our intellectual property rights.
Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with NaijaFund, however, is acceptable.
Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, NaijaFund reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

1. Affiliate Links
   You may use graphic and text links both on your website and within in your email messages. You may also advertise the NaijaFund site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.

1. Pay Per Click (PPC) Policy
   PPC bidding is NOT allowed without prior written permission.

2. Liability
   NaijaFund will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or campaigns on NaijaFund. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

1. Term of the Agreement and Termination
   Either party has the right to terminate the agreement immediately without prior notice.
   If the Affiliate terminates the agreement, no further commissions from NaijaFund will be paid for any past or future customer transactions.
   If NaijaFund chooses to terminate the agreement, any balance greater than  ‎₦1000 will be paid to the affiliate within 60 days of termination. Balances that are smaller than  ‎₦1000 will be forfeited.

The terms and conditions of this agreement may be modified by us at any time. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

1. Indemnification
   Affiliate shall indemnify and hold harmless NaijaFund and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by NaijaFund to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

2. Governing Law, Jurisdiction, and Attorney Fees
   This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria and the State Lagos. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Lagos State, Nigeria.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

1. Electronic Signatures Effective
   The Agreement is an electronic contract that sets out the legally binding terms of your participation in the NaijaFund affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Share a Sale and/or NaijaFund application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.