This Agreement outlines the terms, conditions and benefits of acting as an affiliate marketer on owodaily.com (”the website”). OwoDaily business partners may provide additional conditions for working with them. You are required to read and accept this Agreement before using this service.
TERMS AND DEFINITIONS:
“Affiliate” refers to persons promoting and selling the products/services of business partners.
“Business partners” means the businesses and creators of digital products who list and
promote their products or services on the Owodaily marketplace.
“Parties” refers to Owodaily Limited and the affiliate
1. APPOINTMENT AND ENGAGEMENT
- 1.1 The Affiliate agrees to promote and advertise the products and services of business partners who use the website for the compensation described in this Agreement and the terms contained in this Agreement.
- 1.2 Affiliate shall pay the sum of 5,000 naira to register as an Owodaily+ member. This gives users access to all membership features, academy and affiliate resources to
being learning and promotion.
2. AFFILIATE’S DUTIES
- 2.1 Affiliate shall use his goodwill and expertise to promote the products and services of OwoDaily partners both physically and on online marketplaces. This must however be in compliance with the rules and regulations guiding the use of the website and any social media marketplace which the information would be posted.
- 2.2 Affiliate agrees to desist from actions or making remarks that may be seen to taint
the OwoDaily brand and lower its public perception, or that of its business partners.
- 3.1 For the term of this agreement the Affiliate is an independent contractor and would be restricted from assuming or creating any kind of obligation whether expressly or impliedly on behalf of OwoDaily, except as expressly authorized under this Agreement.
- 3.2 The Affiliate shall not receive or collect any funds on behalf of OwoDaily.
4. INDEPENDENT CONTRACTOR
- 4.1 The Affiliate has been engaged to provide the services stated in this Agreement as an independent contractor and as such, is not entitled to any benefits or welfare
packages provided for the staff of Owodaily.
- 4.2 Nothing in this agreement will be deemed as creating a relationship of an employer
and employee, partnership or joint venture or any agency between the parties.
5. OWODAILY’S OBLIGATIONS
- 5.1 OwoDaily shall provide the Affiliate with the following:
- a. All the necessary information required to enable him perform his duties under this Agreement.
- b. Customer support
- d. Technical support and maintenance
- e. Accurate reporting
- 5.2 REWARDS AND COMMISSION: The commission earned by the affiliate on each product or offer, shall be determined by the business partner who is the owner of the product or offer.
- 5.3 INTELLECTUAL PROPERTY OWNERSHIP
- 5.4 Nothing in this Agreement constitutes or insinuates a transfer of intellectual property rights in the business partners’ products or offers marketed, to the affiliate.
- 5.5 Both OwoDaily and its partners, retain all rights in intellectual property shared with the affiliate for marketing purposes, including trademarks, literary works and designs.
- 5.6 Subject to the terms of this Agreement, OwoDaily grants the Affiliate the license to use the Brand name, logo and other elements for the actualization of his duties stated herein. Such license expires at the termination of the term of this Agreement.
- 5.7 The license in 5.5 above, applies to brand and trademarks alone. Other intellectual property in form of offers, products and services are excluded and the affiliate has not been granted any license whatsoever, in respect of them.
6. TERM AND TERMINATION
- 6.1 This agreement shall commence from the date of execution and shall be in operation until the Affiliate terminates his subscription to the affiliate user package.
- 6.2 OwoDaily may terminate this Agreement by suspending the affiliate’s account for
7. GOVERNING LAW
This agreement shall be governed by, and construed in accordance with the Laws of the federation of Nigeria, including all manner of construction, validity and performance.
8. FORCE MAJURE
Neither party shall, before the expiration or Termination Date, be liable for any failure to fulfill any term of this Agreement if the fulfillment has been delayed, hindered, interfered with, or prevented by force majure, which shall mean any circumstances:
- (i) which is beyond a party’s control
- (ii) which such party could not have reasonably avoided or overcome; and
- (iii) which is not attributable to the other party.
Affiliate provider agrees to defend and indemnify OwoDaily and any of its agents (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Affiliate’s conduct or actions with the business partners and other third parties.
If any part of this Agreement is held unenforceable, such part shall be severed and the remainder of this Agreement shall continue to be in force and have effect.
11. DISPUTE RESOLUTION
- a. In the event that any dispute that may arise out of this agreement cannot be amicably resolved between the parties, such disputes may be referred to Arbitration in accordance with the Arbitration and Conciliation Act, Cap A18 Laws of the Federation 2004.
- b. Any dispute arising out of or relating to this Contract, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Parties, shall be settled before a sole arbitrator to be appointed by the mutual contract of the Parties, in accordance with the Arbitration Law of Lagos State 2009, in Lagos and award rendered by the sole arbitrator shall be entered in any court having jurisdiction. A dispute shall be deemed to have arisen when any Party notifies the other Parties in writing to that effect. If the Parties are unable to mutually agree on a sole arbitrator within fourteen (14) days after a dispute has arisen, such arbitrator may be appointed on the application of either Party, by the Chairman of the Chartered Institute of Arbitrators, UK (Nigeria Branch).