This Agreement outlines the terms, conditions and benefits of acting as an as a business partner on owodaily.com (”the website”). 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 Business partner
- “Partner” refers to the undersigned business partner to this Agreement.
2. SCOPE OF PARTNERSHIP
- 1.1 OwoDaily as part of its services on its website, provides businesses and digital entrepreneurs the opportunity to list their services and products on the website, as
- 1.2 The business partners comprises members experienced with a viable product such as a digital creators, Developer creating SAAS tools, course creator with amazing, training videos, or a Designer creating HTML & Social Templates.
- 1.3 The partner named in this Agreement, has applied for a partnership to list their deals, making it available for affiliates to earn a sale commission for new customers.
2. RELATIONSHIP BETWEEN PARTNERS
The relationship between the parties under this Agreement, is a partnership for the purpose described in the scope above. Nothing contained within this Contract shall be construed to form an employment joint venture, agency, or franchise relationship. The business partner will, at all times, act as such Business partner is responsible for Business partner’s own tax liability, and no tax or other required payments will be withheld from any of Business partner’s fees.
3. BUSINESS PARTNER’S RESPONSIBILITIES TO OWODAILY
The business partner shall, in addition to following the subscribers’ terms and conditions already accepted to, perform the following responsibilities to OwoDaily:
- List Products for Business partner promotion
- Purchase Gift card credits if and when approved
- Make accurate Reporting to OwoDaily and desist from false advertising
- Send support related queries to OwoDaily head office
- Offer feedback to OwoDaily and to customers (users) on product services
4. OWODAILY’S RESPONSIBILITIES TO BUSINESS PARTNER
- List Products for Business partner promotion
- Resell Giftcard's if application is approved
- Provide Support to customers on deals listed on marketplace
- Provide required updates on live deals on marketplace
5. RESPONSIBILITIES TO USERS
- 6.1 For the term of this agreement the Business partner 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.
- 6.2 The Business partner shall not receive or collect any funds on behalf of OwoDaily.
- 6.3 Where the business partner operates a physical store, it shall not be located outside of
the licensed areas.
7. OWODAILY’S OBLIGATIONS
- 7.1 OwoDaily shall provide the Business partner 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
8. RECEIVING PAYMENTS
OwoDaily shall be responsible for receiving payments directly from users.
- 9.1. Users retain the right to request refunds for goods and services paid for that do not meet the seller’s specification or assured quality. Any request for refund must be made not later than 14 days from the date of purchase.
- 9.2. Refunds are not available for products or services already activated by the user.
- 9.3. Partner agrees to comply with OwoDaily in executing refund requests, and shall bear the liabilities for any refund.
10. INTELLECTUAL PROPERTY OWNERSHIP
- 10.1 Nothing in this Agreement constitutes or insinuates a co-ownership or transfer of intellectual property rights in OwoDaily’s products or features, to the Business partner.
- 10.2 OwoDaily retains all rights in intellectual property shared with the Business partner for marketing purposes, including trademarks, literary works and designs.
- 10.3 Subject to the terms of this Agreement, OwoDaily grants the Business partner 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.
- 10.4 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 Business partner has not been granted any license whatsoever, in respect of them.
11. TERM AND TERMINATION
- 11.1 This agreement shall commence from the date of execution and shall be in operation until the Business partner terminates his subscription to the Business partner user
12. 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.
13. 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 Business partner’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.
16. 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).