Gara-Mart Affiliate Terms and Conditions

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As an authorized affiliate of Gara-Mart Limited you agree to abide by the terms and conditions contained in this Agreement. Please read the entire Agreement carefully before registering and promoting Gara-Mart Limited as an Affiliate.

Your participation in the Gara-Mart Affiliate Program (the “program”) is solely to legally advertise our website to receive a commission on products purchased by individuals referred to Gara-Mart Limited by your own website or personal referrals.

By signing up for the Gara-Mart Affiliate Program, you indicate your acceptance of this Agreement and its terms and conditions.

1. Account Registration & Terms

You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process for an Affiliate account (“account”)

You must be 18 years of age or older to join this Program.

Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you.

You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).

2. Approval or Rejection of the Application

We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

3. Referral Links & Promotion

Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the Gara-Mart website. It is your responsibility to ensure each such link is correctly formatted.

We may also provide graphical images that can be used within the links to promote Gara-Mart.  You may use graphic and text links both on your website and within in your email messages. You may also advertise the Gara-Mart Limited site in online and offline classified ads, magazines, and newspapers.

You may not modify these images in any way. We reserve the right to change the images at any time without notice.

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site

You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you are part of Gara-Mart or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.

4. Commissions / Referral Fees

Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must have successfully completed a purchase (paid for products).

You cannot refer yourself, and you will not receive a commission on your own accounts. We will only pay referral fees on links that are automatically tracked and reported by our systems. For our systems to track the referral, the visitor must have cookies enabled. We will not pay referral fees if someone says they purchased through you but it was not tracked by our system.

The referral commission is 10% of our revenue from customers that you refer. The referral commission will be credited to your Affiliate account once the customer’s order has been completed. Referral fees are only earned if a customer makes a payment in full.

5. Payment

Accrued referral fees are paid via bank transfer roughly once per month and only when your accrued referral fees total ₦10,000 or more. The Affiliate will then raise an invoice to Gara-Mart Limited for the indicated amount. You must have a valid bank account to receive referral fees, as we do not offer payment via cheque/check, debit/credit card, cash or other method.

Customer payments refunded or payments charged-back due to debit card fraud do not qualify for referral fees. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

A summary of purchases and statement of referral fees is available to the Affiliate by logging into their Affiliate account.

The referral fee structure is subject to change at our discretion.

We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.

We reserve the right to check and change commissions on the basis of orders actually paid, the notification e-mail is not understood as a confirmed commission – this is only a notification, and every payment will be verified based on real transactions.

6. Customer Definition

Every customer who buys a service through this program is deemed to be a customer of Gara-Mart Limited. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. Gara-Mart Limited is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.

 

7. Pricing & Availability

 

We will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

 

8. Termination

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

 

• Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
• Spamming (mass email, mass newsgroup posting, etc.).
• Advertising on sites containing or promoting illegal activities.
• Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
• Violation of intellectual property rights. Gara-Mart Limited reserves the right to require license agreements from those who employ trademarks of Gara-Mart Limited in order to protect our intellectual property rights.
• Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Gara-Mart however, is acceptable.
• Self-referrals, fraudulent transactions, suspected Affiliate fraud.
• In addition to the foregoing, Gara-Mart Limited reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

 

9. Coupon and Deal Sites

Gara-Mart Limited occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

 

• Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
• Affiliates may not bid on Gara-Mart Limited Coupons, Gara-Mart Limited Discounts or other phrases implying coupons are available.
• Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to our site.
• User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
• Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

 

• Pay Per Click (PPC) Policy

PPC bidding is NOT allowed without prior written permission.

 

• Liability

Gara-Mart Limited will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

 

We do not make any expressed or implied warranties with respect to the Program and/or the products sold by Gara-Mart Limited. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

 

• Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

 

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

 

13. Indemnification

Affiliate shall indemnify and hold harmless Gara-Mart Limited and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Gara-Mart Limited to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

 

• Governing Law, Jurisdiction, and Attorney Fees

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Lagos State, Nigeria.

 

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

 

• Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Gara-Mart Limited affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Gara-Mart Affiliate Marketing application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.