Affiliate Agreement for Gainwithmaseev.com

This agreement delineates the terms, conditions, and advantages associated with serving as an affiliate marketer on Gainwithmaseev.com (“the website”). Additional conditions for collaboration with Gainwithmaseev business partners may be specified by them. Prior to utilizing this service, it is mandatory for you to read and agree to this Agreement.

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 Gainwithmaseev platform.
“Parties” refers to Gainwithmaseev  and the affiliate.

1. APPOINTMENT AND ENGAGEMENT

1.1 The Affiliate undertakes to endorse and publicize the products and services offered by business partners utilizing the website, as outlined in the compensation and terms detailed in this Agreement.
1.2 The Affiliate is required to submit a payment of 5,000 naira for GWM+ membership registration. This membership grants users access to all features, the academy, and affiliate resources, facilitating learning and promotional activities.

2. AFFILIATE’S DUTIES

2.1 The Affiliate is obligated to leverage their reputation and expertise to endorse the products and services of Gainwithmaseev partners, both in physical settings and on online marketplaces. However, such activities must adhere to the rules and regulations governing the use of the website and any social media marketplace where the information is posted.
2.2 The Affiliate commits to refraining from engaging in actions or making statements that could negatively impact the Gainwithmaseev brand, diminishing its public perception or that of its business partners.

3. RESTRICTIONS

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 Gainwithmaseev, except as expressly authorized under this Agreement.
3.2 The Affiliate shall not receive or collect any funds on behalf of Gainwithmaseev.

4. INDEPENDENT CONTRACTOR

4.1 The Affiliate is contracted to deliver the services outlined in this Agreement as an independent contractor. Consequently, they are not eligible for any benefits or welfare packages extended to Gainwithmaseev staff.
4.2 It is explicitly clarified that nothing within this agreement shall be construed as establishing an employer-employee relationship, partnership, joint venture, or agency between the involved parties.

5. GAINWITHMASEEV’S OBLIGATIONS

5.1 Gainwithmaseev shall provide the Affiliate with the following:
a. All the necessary information required to enable him to perform his duties under this Agreement.
b. Customer support
c. Data protection in line with the website’s privacy policy
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 Gainwithmaseev 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, Gainwithmaseev 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 the 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 takes effect from the date of execution and remains valid until the Affiliate opts to terminate their subscription to the affiliate user package.
6.2 Gainwithmaseev reserves the right to terminate this Agreement by suspending the affiliate’s account if there is a violation of the terms of use of the website or this Agreement.

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 majeure, 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.

9. INDEMNIFICATION

Affiliate provider agrees to defend and indemnify Gainwithmaseev 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.

10. SEVERABILITY

If any provision of this Agreement is deemed unenforceable, that specific provision shall be deemed severed, and the rest of the Agreement will remain valid and effective.

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 the 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).

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