This User Agreement describes the terms and conditions which you accept by using our website or our Services. We have incorporated by reference some linked information.

In this User Agreement:

"Account" means the account associated with your email address.

"Buyer" means a User that purchases Vendor Services or items from Vendors or identifies a Vendor through the Website. A User may be both a Buyer and a Vendor under this agreement.

"Vendor" means a User that puts Product for sales.

"Contest" means a contest that is promoted by a Buyer and in respect of which a Vendor can submit one or more entries via the Website.

"Contest Brief"  means the document setting out the scope of a Contest, including but not limited to items such as a design brief.

"Contest Handover", in respect of a Contest, means the agreement between the Buyer and one or more winning Vendor(s) under which each Vendor will transfer to the Buyer ownership of the winning entry or entries.

"Dispute Resolution Process"  means the process to be followed by Buyers and Vendors in accordance with the Dispute Resolution Services.

"Affiliativity", "we", "our", "company" or "the company" or "us" means Affiliativity

"Affiliativity" provides affiliate marketing platform for digital product creators, publishers ('Affiliates') and buyer.

"Verified by Affiliativity" Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.

A User may be a Buyer, an affiliate and a Vendor under this agreement.

"Inactive Account" means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.

"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

"Vendor" means a User that put digital product for sale through the Website. A User may be both a Buyer and a Vendor under this agreement.

"Vendor's Products" means all products provided by a Vendor.

"Affiliativity Services" means all services provided by us to you.

"User" means an individual who visits or uses the Website, including via the API.

 means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Vendor and Affiliate uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.

"Website" means the Websites operated by Affiliativity and available at: www.affiliativity.com and any of its regional or other domains or properties, and any related Affiliativity service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

1. Overview:

By accessing the Website, you agree to the following terms with Affiliativity.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.

The Website is an online venue for Vendor, Buyer and Affiliate Services. Affiliates and Vendors must register for an Account in order to perform operation on the website, but for Buyers, No. The Website enables Users to put digital product for sell and earn commission for promoting seller's product. We are not a party to any contractual agreements between Buyer, Affiliate and Vendor in the online venue, we merely facilitate connections between the parties.

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

2. Scope

Before using the Website, you must read the whole User Agreement, the Website policies, and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the Private Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services.

3. Eligibility

You will not use the Website if you:

1. are not able to form legally binding contracts;
2. are under the age of 18;
3. a person barred from receiving and rendering services under the laws of Nigeria or other applicable jurisdiction;
4. are suspended from using the Website; or
5. do not hold a valid email address.

All user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

We may, at our absolute discretion, refuse to register any person or entity as a User.

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

4. Using Affiliativity

While using the Website, you will not attempt to or otherwise do any of the following:

1. post content or items in inappropriate categories or areas on our websites and services;
2. infringe any laws, third party rights or our policies, such as the Code of Conduct;
3. fail to deliver payment for services delivered to you;
4. fail to deliver the right purchased from you;
5. circumvent or manipulate our fee structure, the billing process, or fees owed to Affiliativity;
6. post false, inaccurate, misleading, deceptive, defamatory, or offensive content (including personal information).
7. transfer your Affiliativity account (including feedback) and Username to another party without our consent;
8. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
9. put product that you are not the rightful ownwe for sale.
10. distribute viruses or any other technologies that may harm Affiliativity, the Website, or the interests or property of Affiliativity users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

11. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;

12. copy, modify or distribute rights or content from the Website or Affiliativity's copyrights and trademarks; or

13. harvest or otherwise collect information about Users, including email addresses, without their consent.

14. use Affiliativity to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).

5. Intellectual Property Rights Infringement

It is our policy to respond to clear notices of alleged intellectual property rights infringement.. If you believe that your Intellectual Property Rights have been violated, please notify us via our Website and we will investigate.

6. Fees, Services and Charges

We charge fees for certain services, such as joining Affiliativity as an affiliate, and certain commissions from products sold on/through our platform.

As a Vendor, the minimum product price of a product to sell is N5,000.

As a Vendor, You digital product must worth at least N5,0000.

As a Vendor, the percent commission assigned to each product for affiliates is within 10% - 80%.

Unless otherwise stated, all fees are quoted in Nigerian Naira.

Referral Program

Affiliativity provides 40% commission to certain users as a reward for referrals of new users. The promotion is based on existing users of the website ("Referrers") referring new users ("Referees") with the join Affiliativity as an affiliate.

This is subject to the following conditions:

1. The Referrer must be an existing user of the Website.
2. All members of the program, referrer and referees are subject to all other terms and conditions of the website, which in case of dispute, are held above this section.
3. All members of the program must be over the age of 16 years.
4. Referees must be referred using the specific unique links associated with the referrer.
5. Referrers will receive the commission immediately someone joins through his/her link

6. Affiliativity may require that both parties fill in and complete their profiles and/or pass identity checks before payments are released.
7. This offfer may be withdrawn for a specific user or set of users, if significant reversals, fraud or chargebacks are observed, if Affiliativity believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes between Referee and Referrer, or for any other reason.
8. Affiliativity reserves the right to disallow use of this offer in its sole and absolute discretion, with respect to fair use of this offer, or to prevent any suspected fraud.
9. Affiliativity reserves the right to cancel or amend this offer at any time.
10. Affiliativity reserves the right to cap the total site credit available under the program.
11. The decisions of management are final. No correspondence will be entered into.
12. Management, employees of Affiliativity and its related companies are not eligible to participate in this program.
13. Any term or condition in these terms found to be void, unenforceable or illegal may be severed and the remaining terms and conditions will continue in full force and effect.
14. Affiliativity reserves the right to set the bonus credits for each individual referrer and individual referral users and to release said bonus credit in any currency the company sees fit.
15. Affiliativity is not liable for any loss or damage whatsoever which is suffered (including but not limited to, direct or consequential loss) or for any personal injury suffered or sustained in connection with entry into the competition or acceptance of the prize.

7. Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.

Depending on your residency or location, you may be subject to certain ad valorem or other taxes, on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.

You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

8. Payment Administration Agent

You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf.

Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by Affiliativity.

9. Promotion

We may display your company or business name, logo, images or other media as part of the Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.

You acknowledge that we may use the public description of your products and the content of your profile information on the Website for marketing and other related purposes.

10. Content

We do not claim ownership to your User Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats now known or hereafter devised and on third-party sites and platforms in any number of copies and without limit as to time, manner of frequency of use, without further notice to you, and without the requirement of permission from or payment to you or any other person or entity.

You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
2. will not violate any law or regulation;
3. will not be defamatory or trade libellous;
4. will not be obscene or contain child pornography;
5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
6. will not contain material linked to terrorist activities
7. will not include incomplete, false or inaccurate information about User or any other individual; and
8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You acknowledge and agree that we may transfer your personal information to a related body corporate. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Affiliativity Services and may close your Account.

Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter, you should consult your professional adviser.

We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third-party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third-party content, links to third party content and/or websites is at your risk.

In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.

11. Feedback, Reputation and Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Affiliativity feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Affiliativity or its related entities, without our written permission.

12. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Project, Contest, item listed, user or service being performed on the Website.

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Affiliativity or third-party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

13. Communication with Other Users

You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website.

14. Identity / Know Your Customer

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your passport or driver's licence). We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background and your skills.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or Affiliativity Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

15. Funds

You will have positive funds in your Account if you have earn through commission as an affiliate or as vendor when purchase is made on your product. There are also circumstances where funds may have been credited to your Account in relation to our affiliate program or a referral program and this is only applicable to Affiliates.

As an affiliate, your account will only be credited only when a sales has been made on your unique link attached to the product.

As a vendor, your account will only be credited only when there is a sale on your product.

Funds in your Account are held by us in our operating accounts held with financial institutions.

You are not entitled to any interest, or other earnings for funds that are in your Account.

If your Account has negative funds, we may:

1. set-off the negative amount with funds that you subsequently receive into your Bank Account after you requested for payouts;
2. reverse payments that is made to your account due to Buyer requests for refund.
3. deduct amounts you owe us from money you subsequently add or receive into your Account;

You acknowledge and agree that:

1. to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
2. we are not acting as a trustee or fiduciary with respect to such funds or payments;
3. the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
4. funds may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of the Services;
5. any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;

16. Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.

We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:

1. we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
2. we are required to do so by law or applicable law enforcement agencies.

If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behaviour, while we investigate any such matter.

17. Refunds

As a Buyer, you may request for a refund if only the product you purchase is not what you intended, and you within 7 Days to reach out to us.

If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by using our customer support website or emailing us at  contact@Affiliativity.com. Once you have made a Milestone Payment, you expressly agree to use the dispute resolution process in this agreement, expressly agree to be bound by its ruling and expressly agree not to initiate any chargeback request with your card issuer.

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

Once refund has been made, it is also be automatically deducted from the Affiliate and Vendor account

18. Withdrawals

You can request for withdrawal anytime once you have at least sum of N10, 000 in your account.

We may require you to be Verified by Affiliativity before you can withdraw funds from your Account, irrespective of whether or not a delay has been enforced.

You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy

19. Chargebacks

A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.

You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Buyers through the Website, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.

You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors). If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

19. Inactive Accounts

We reserve the right to close an Inactive Account.

We reserve the right to close an account with nil or negative funds.

20. Right to Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

1. if we determine that you have breached, or are acting in breach of this User Agreement;
2. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
4. you do not respond to account verification requests;
5. you do not complete account verification when requested within 3 months of the date of request;
6. you are the subject of a United Nations, Australian, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
7. to manage any risk of loss to us, a User, or any other person; or
8. for other reasons.

If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.

Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may fine you up to US$3,000 for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount; (3) a fine of up to US$3,000 is a presently reasonable pre-estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult; and (4) we may release the entire (or part of the) amount of the fine from your Account to us.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

21. Disputes with Users

If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Project, we encourage you to contact us as set out in the Clause entitled "Contacting us".

In relation to disputes with any other users of the Website, you hereby agree to indemnify Affiliativity from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations.

The Affiliativity Code of Conduct applies to all the services offered by Affiliativity. It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.

The User who breached the Code of Conduct may also incur further disciplinary action. For more information, read the Code of Conduct.

22. Disputes with Us

If a dispute arises between you and Affiliativity, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at contact@affiliativity.com

All claims you bring against Affiliativity must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Affiliativity may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Affiliativity has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Affiliativity will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Affiliativity's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

In the event of a dispute between the you and Affiliativity in connection with this Agreement, you shall engage in a formal resolution, in good faith and with absolute fair play.

23. Currencies

Some of the Websites will display rates in the local currency of that Website, in addition to the actual amount. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount.

As a convenience service, you may withdraw funds from the Website in another currency. If you wish to do so, you will be quoted an exchange rate which will be available for the time specified, which you may choose to accept. We may charge a fee for effecting the currency conversion transactions. This fee will be embedded within the rate provided to you and the currency exchange will be settled immediately.

We reserve the right to reject any request for a conversion of currency at any time.

You are responsible for all risks associated with converting and maintaining funds in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decreases in the value of your funds in aggregate. You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider.

All information included on the Website in respect of currency conversion is general information only. Use of currency conversion is at your own risk. Currency conversions are final and irreversible.

24. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our API or application programming interface, for any purpose without our express written permission.

Additionally, you agree that you will not:

1. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;

2. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of Affiliativity and the appropriate third party, as applicable;

4. interfere or attempt to interfere with the proper working of the Websites, services or tools, or any activities conducted on or with the Websites, services or tools; or

5. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

25. Closing Your Account

You may close your Account at any time.

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

26. Privacy

We use your information as described in the Affiliativity Private Policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this online marketplace. This may include on invoices and purchase orders including but not limited to between transacting parties, including those automatically generated on awarding, accepting and payment.

27. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and Affiliativity Services.

In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.

28. Security

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Affiliativity Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.

29. No Warranty as to Each User's Purported Identity

We cannot and do not confirm each User's purported identity on the Website. We may provide information about a User, such as a strength or risk score, geographical location, or third-party background check or verification of identity or credentials. However, such information is based solely on data that a User submits, and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

30. No Warranty as to Content

The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.

Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

1. the Website or any Vendor Services or Affiliativity Services;
2. the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Vendor Services or Affiliativity Services;
3. whether the Website or Vendor Services or Affiliativity Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
4. whether defects in the Website will be corrected;
5. whether the Website, the Vendor Services or the Affiliativity Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Vendor Services or Affiliativity Services;
6. any third-party agreements or any guarantee of business gained by you through the Website, Vendor Services or Affiliativity Services or us; or
7. the Website, Vendor Services or Affiliativity Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

31. Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

1. any indirect, special, incidental or consequential damages that may be incurred by you;
2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Affiliativity services again or the payment of the cost of having the Affiliativity services supplied again.

32. Legal Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

33. Notices

Legal notices will be served or to the email address you provide to Affiliativity during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to Affiliativity must be given by registered ordinary post or by registered airmail).

34. Governing Law

This Agreement will be governed in all respects by the laws of the Federal Republic of Nigeria.

35. Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

36. Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

37. No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

38. Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

39. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the Affiliativity Website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our Websites, including but not limited to:

• Privacy Policy
• Code of Conduct
• Cookies Policy

Each of these policies may be changed from time to time. Changes take effect when we post them on the Affiliativity Website. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

40. General

This Agreement contains the entire understanding and agreement between you and Affiliativity. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.

41. Abusing Affiliativity

Affiliativity reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.

Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:

1. use of our services for any illegitimate or non bona fide purpose
2. creating problems with other users or potential legal liabilities
3. infringing the intellectual property rights of third parties
4. acting inconsistently with the letter or spirit of any of our policies
5. abuse of any staff members including inappropriate or unreasonable communications
6. abuse or poor performance in the Preferred Affiliativity Program
7. any attempt to use Affiliativity's platform or services for any objectionable purpose

42. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by emailing us at contact@affiliativity.com