This Affiliate Agreement ("Agreement") contains the complete terms and conditions between us, myhandwork.ng and you, regarding your application to and participation in, the myhandwork.ng Affiliate Program (the "Affiliate Program") as an affiliate of myhandwork.ng (an "Affiliate), and the establishment of links from your website to our website, https://myhandwork.ng.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE MYHANDWORK.NG TERMS AND CONDITIONS https://myhandwork.ng/Affiliates/TermsandCondition AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
"Affiliate" - The business, individual, or entity applying to or participating in the Affiliate Program, or that displays myhandwork.ng’s products and Services and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from myhandwork.ng for referral tasks directly resulting from registered users.
"Affiliate Site" - The Affiliate's website which displays myhandwork.ng Products and Services and/or promotions.
myhandwork.ng Products and Services" - Handyman and Artisan services that are available on our platform.
"Commission Fees" - The amount you will be paid for each completed and approved assigned task by referrals subject to the Commission Threshold and pursuant to the terms of this Agreement.
“Commission Threshold” - The amount of Commission Fees an Affiliate must accrue prior to receiving a payment from myhandwork.ng.
"Referred Customer" - Each registered client or handyman or artisan that signup using your referral link and completes an assigned task on the platform.
a. To begin the enrollment process, you must submit a completed Affiliate Program Signup Form. The Signup Form can be found at https://myhandwork.ng/Affiliates/Signup.
b. We will evalulate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your website is not suitable for the Affiliate Program for any reason, including, but not limited to.
a. Use of Links. If you qualify and agree to participate as an Affiliate, we will make a variety of graphic and textual links available to you (each referred to herein as a "Link" or collectively, as the "Links"). The Links will serve to identify your website as a member of the Affiliate Program and will establish a link from your website or e-mail to myhandwork.ng website. You agree to cooperate fully with us in order to establish and maintain such Links. You further agree that your use of the Links must be in compliance with this Agreement at all times. myhandwork.ng may modify the Links from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote myhandwork.ng that are not approved in advance by myhandwork.ng. All Affiliate Sites shall display the Links prominently in relevant sections of their website. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer's knowledge (e.g. iframe). Any information with respect to myhandwork.ng that is going to be displayed on the Affiliate Site must be pre approved by myhandwork.ng in writing.
b. Disclaimer. EXCEPT AS PERMITTED HEREIN, YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE MYHANDWORK.NG TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, THE “MYHANDWORK.NG IP”) (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) WITHOUT MYHANDWORK.NG EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE MYHANDWORK.NG IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY "INITIAL INTEREST CONFUSION" OVER THE USE OF MYHANDWORK.NG IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF MYHANDWORK.NG IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF MYHANDWORK.NG INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING POTENTIAL TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY MYHANDWORK.NG LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH MYHANDWORK.NG SEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF MYHANDWORK.NG INTELLECTUAL PROPERTY RIGHTS.
Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the Nigeria or the country in which Affiliate resides, including without limitation and the Nigerian General Data Protection Regulation. Affiliate, as a controller under the Nigerian General Data Protection Regulation, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist Mmyhandwork.ng in complying with any data subject rights request under the Nigerian DPR that myhandwork.ng may receive from any individuals referred to myhandwork.ng by Affiliate. Affiliate further agrees to promptly assist myhandwork.ng in complying with any duties to cooperate with supervisory authorities under the Nigeria GDPR.
a. Commissions will be calculated based on the commission rates stated on the myhandwork.ng website for each Qualified completed and approved assigned referral task (as defined herein) subject to commission accruing pursuant to Section N below. A "Qualified Commission" does NOT include the following:
01. An assigned task which payment was approved and later paused by client and then disapproved afterwards
02. An disapproved assigned task by client
03. An incomplete assigned task by handyman or artisan
04. An assigned task not mark as completed by the handyman
05. An assigned task that does not pass our 48 hours quality check control
b. myhandwork.ng reserves the right to withhold payment of initial Commissions Fees to Affiliates who are new to the Affiliate Program, or who have commissions that are potentially fraudulent as determined by myhandwork.ng in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
myhandwork.ng reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. myhandwork.ng reserves the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases.
In the event that the Referred Customers that are referred to myhandwork.ng by an Affilite are determined to have an excessive cancellation rate, as determined by myhandwork.ng in its sole discretion. myhandwork.ng reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.
Commissions will accrue and only become payable once you:
(i) the assigned task by a referral client or handyman or artisan has been mark completed by handyman or artisan
(ii) approved by client
(iii) passed the 48 hours quality check control for the work done
(iv) handyman or artisan is paid.
01. Subject to the terms of this Agreement and the accrual of commissions as set forth above, commissions will be calculated according to the specified percentage or naira amount set forth in the commission report in your Affiliate console for each Qualified assigned task that accrues during the period for which such commission fee is being calculated.
02. Commission Fees will be processed approximately on 15th and 29th of the month myhandwork.ng will only compensate you for Qualified completed assigned and approved task made in accordance with this Agreement.
03. Commission Fees shall be paid to the registered bank account on the current information in your Affiliate profile. You are required to update your bank details if you need to make any changes from your in the Affiliate dashboard.
You may log into your affiliate dashboard to review your referred user, assigned task and approved task statistics on a daily basis.
Any Affiliate who violates this Agreement, myhandwork.ng Terms and Conditions, or any applicable law will immediately forfeit any right to any and all accrued, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.
myhandwork.ng reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at any time for any reason, in myhandwork.ng sole discretion.
You and myhandwork.ng are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Affiliate Site or otherwise, that contradicts anything in this section.
You herby represent and warrant to us as follows:
01. You have reviewed and understand this Agreement and agree to be bound by its terms.
02. Your acceptance of this Agreement and participation in the Affiliate Program will not violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgement, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
03. You are the sole and exclusive owner of the affiliate Trademarks and have the power to grant to myhandwork.ng the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietar right of any third person or entity.
04. You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Agreement.
05. There is no pending or threatened claim, action, or proceeding against you, or any affiliate of yours with respect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
06. During the Term, you will not include in your Affiliate Site content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or are in violation of our Terms and Conditions.
07. You are at least eighteen (18) year of age.
You hereby agree to indemnify and hold harmless myhandwork.ng and its subsidiaries, affiliates and parent company, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgements, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (III) any claim related to your Affiliate Site, including, without limitations, its development, operation, maintenance and content therein not attributable to us.