Affiliates Affiliates Agreement
|
|
|
||||||||||||||||||||||||
| Affiliates Agreement |
|
AFFILIATE PAYMENT Payment may be made by PayPal, Money Orders or other means as AFRICAN WEB HOSTING may desire. Payment will only be made by Money Orders upon your request. If you request the payment to be made by Money Orders, any and all costs of the Money Orders will be deducted from your payment. Payments shall be made by AFRICAN WEB HOSTING to Affiliates on a monthly basis. AFRICAN WEB HOSTING reserves the right to change payment methods at any time, for any reason. AFRICAN WEB HOSTING may reverse any commission paid to you, and subtract said commission from future payments to you, if AFRICAN WEB HOSTING receives a chargeback on a transaction from a client you referred to AFRICAN WEB HOSTING. UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON. COPYRIGHT AND TRADEMARKSAll contents of the AFRICAN WEB HOSTING Web Site are proprietary to AFRICAN WEB HOSTING, and/or its suppliers and are protected under Copyright. All rights are reserved. AFRICAN WEB HOSTING reserves any rights not expressly granted herein. BREACH Without limiting other remedies, AFRICAN WEB HOSTING may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide services to you: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us. ASSIGNMENT In the event of a merger or consolidation of AFRICAN WEB HOSTING, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement. AFFILIATES RESPONSIBILITIES In the event of a merger or consolidation of AFRICAN WEB HOSTING, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement. You may not use misleading advertising in relationship to AFRICAN WEB HOSTING; doing so may result in the termination of your membership in the Affiliate program. SUITABLILITY and REPRESENTATION You agree to represent AFRICAN WEB HOSTING in a tasteful way and declare that you and your web site are acceptable in presentation. If we review your site and find it to be, in our opinion, unsuitable, you will be given the opportunity to rectify the issues or you accept that AFRICAN WEB HOSTING has the right to terminate your affiliation. FORCE MAJEURE If by reason of failures of telecommunications or internet service providers, labor disputes, riots, coups, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of AFRICAN WEB HOSTING, AFRICAN WEB HOSTING is unable to perform in whole or in part its obligations as set forth in this Agreement, then AFRICAN WEB HOSTING shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make AFRICAN WEB HOSTING liable to the User. GOVERNING LAW International law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the International Court. ARBITRATION Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by non-binding arbitration before the International Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party. WAIVER The failure of AFRICAN WEB HOSTING to enforce a provision of this Agreement shall not be construed as a waiver of limitation of AFRICAN WEB HOSTING's right to strictly enforce and compel strict compliance with every provision of this Agreement. SEVERABILITY If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. ENTIRE AGREEMENT Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto, including previous agreements between the parties through other avenues. INDEMNIFICATION You agree to defend, indemnify and hold harmless AFRICAN WEB HOSTING against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of this Agreement or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with AFRICAN WEB HOSTING. SURVIVAL The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely ownership, confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment. MODIFICATIONS AFRICAN WEB HOSTING reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the AFRICAN WEB HOSTING Web Site. You are responsible for regularly reviewing the Web Site for any changes or modifications. Your continued use of the Services after any such changes shall constitute your consent to such changes. AFRICAN WEB HOSTING does not and will not assume any obligation to notify you of any changes to the terms of the Agreement. Furthermore, AFRICAN WEB HOSTING may add to, change, suspend or discontinue any and all aspects of the Service at any time, with no prior notice necessary and without owing anything further to the Affiliate. |
Client Login
Featured Site
 |
|
NSE is the premier search engine for Nigeria."You guys are hands down the most amazing providers I've seen. Thank you so much, you made my life a heck of a lot easier."
|
Currency Converter
Network Partners:
African Directory | African
Dating | African
eBooks
Copyright © 2007 - 2010 African Web Hosting.