(E-Contract Agreement)
IN CONSIDERATION FOR YOUR PARTICIPATION IN THE YERYMS AFFILIATE MARKETING PROGRAM (THE “PROGRAM”), PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS. THIS E-CONTRACT AGREEMENT ("AGREEMENT") CONTAINS THE COMPLETE TERMS AND CONDITIONS BETWEEN US, YERYMS (“YERYMS”) AND YOU (“YERYMS CONSULTANT”). BY REGISTERING WITH THE PROGRAM VIA THE WEBSITE HTTPS://YERYMS.COM YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT ACCEPT OR UNDERSTAND THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE PROGRAM.
1. Introduction
Yeryms Affiliate Marketing Program is a program for a social network of results-focused, purpose-driven and actions-oriented affiliate marketers known as Yeryms Consultants whose mandate is to educate, motivate and mobilize merchants, consultants and freelancers to set up online stores for sales, marketing and promotions via yeryms.
2. Definition of Terms
- “Yeryms Marketing Program” means our affiliate program as described in this Agreement.
“Affiliate Site” means the Affiliate’s website where Yeryms’ Products and Services or promotions are displayed.
- “Yeryms Consultant” means the individual, business or entity applying to or participating in the Program, or that displays Yeryms Products or services on their website, or via any other means, using an affiliate link and receives a commission in exchange from Yeryms for sales directly resulting from such displays.
- “Yeryms Product and Services” means E-commerce and related products and services that are available for purchase via or on Yeryms.com
- “Yeryms Marketing Group” means company owned, operated or controlled by Yeryms.
- “Affiliate Link” means a tracking link you place on your website or promote via other channels
- “Commission Fees” means the amount you will earn for each qualified purchase made from your unique affiliate link.
- “Referred Customer” means a new and unique customer referred to Yeryms from Yeryms Consultant through their affiliate linkthat provides valid and complete registration information.
- “Registration Form” means any and all order forms or other signup or acceptance form submitted by a customer to purchase Yeryms’ products and Services.
3. Age Restriction
You must be at least 18 (eighteen) years old to apply and participate in Yeryms Affiliate Marketing Program. By submitting an application to our affiliate Program, you represent that you are at least 18 years old and legally agree to this Agreement. Yeryms assumes no responsibility of liability for any misrepresentation of your age.
4. Program Signup/Enrollment
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In order to participate in the Program, you must submit a properly completed affiliate application or sign up form with all required information to us. The Signup Form can be found at https://yeryms.com/
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Submission of your affiliate application form or sign up is not a guarantee of your acceptance into the Program. We will review the application in good faith will inform you via e-mail whether the application has been approved or declined in a timely manner.
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We may decline your application if we consider (in our sole discretion) that your website or social page is not suitable for the Affiliate Program for any reason whatsoever, including, but not limited to, its inclusion of content that is, in our opinion, unlawful or otherwise violates our Acceptable Use Policy. We are not obligated to specify why your application was declined for any reason, but we advise that you remove any unlawful content from your website or social media page and reapply where applicable.
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Upon notification of your acceptance to participate in the Program, the terms and conditions of this Agreement shall become valid and remain in force unless terminated by us or you. Furthermore, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank details which we may use to post your payment).
5. Commission Fees
In consideration of your participation and active involvement in the Program, you willearn 15%direct commission per Seller recruitment and 5% bonus(Indirect)commission on every new Consultant registered by you. All commission are paid out when the poyout threshold is reached. You will be solely responsible for all taxes, costs and expenses related to you providing the services described herein.
6. Yeryms Consultant (Responsibilities/Dos and Don’ts)
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Yeryms Consultant promotes yeryms as actively, effectively and widely as possible, in compliance with the terms of this Agreement.
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Yeryms Consultant will only display link that have been provided from this Program on their website or other channels. Yeryms Consultant is solely responsible for the content and distribution of its marketing legality. All Yeryms Consultant’s marketing regarding https://yeryms.com must be appropriate, professional, legal and applicable to laws and regulations, and in accordance with this Agreement.
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Yeryms Consultant understands that the affiliate site should not contain and will not contain any material that is discriminatory, abusive, libelous, illegal or in any in appropriate way.
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Yeryms Consultant will not actively market Products or services to under-aged persons.
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Yeryms Consultant shall not suggest or give the impression that the affiliate site is partially or totally created or owned by Yeryms.
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Yeryms reserves the rights to suspend Yeryms Consultant’s account and/or to reduce the balance of the affiliate account if the traffic created by the Affiliate has been made through fraudulent means or in violation of this Agreement and the applicable terms and conditions and rules.
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Yeryms Consultant is responsible for changing the bonus and/or promotional material and/or tracking link after receiving official communication in writing from Yeryms. Yeryms shall not be held responsible to this effect.
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Yeryms Consultant will only use the promotional banners, images and creative media which are supplied and made available byYeryms.
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Yeryms Consultant will use all reasonable endeavors to market the Program in locations allowed to make the cooperation under this Agreement profitable from the start.
7. Responsibilities to Affiliate Site
You are solely responsible for the development, operation, and maintenance of your Affiliate Site and for all materials that appear on your Affiliate Site. Such responsibilities include, but are not limited to, the technical operation of your Affiliate Site and all related equipment; creating and posting product reviews, descriptions, and references on your Affiliate Site and linking those descriptions to our website; the accuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related to Yeryms' Products and Services); ensuring that materials posted on your Affiliate Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters.
We have the right in our sole discretion to monitor signups through your Affiliate Site from time to time to determine if you are in compliance with the terms of this Agreement. If you are not in compliance we may terminate your participation in the Affiliate Program effective immediately.
8. Yeryms Consultant’s Cooperation
Once you have been accepted to participate in the Program, we will provide you Tracking Link. The Tracking Links will help to identify your website as a member of the Program and will establish a linkage from your website or social media to Yeryms' website. You must display this Tracking Link on your website or other channels. You agree and acknowledge that you will completely cooperate with us in so as to establish and maintain such Tracking Links. You further agree to comply with all terms of this Agreement when you use the Links at all times. We reserve the right to modify the Tracking Link at any time whenever we deem. Yeryms Consultant shall display the Tracking Links prominently in relevant sections of their website to attract potential customers. Furthermore, any information with respect to Yeryms that is going to be displayed on the Affiliate Site must be preapproved by Yeryms in writing.
9. Yeryms Responsibilities
Yeryms will convey all the necessary information, affiliate-links and marketing material to Yeryms Consultant. Yeryms will handle the revenue and traffic that Yeryms Consultant has created through the affiliate links for orders for Yeryms’ Products and Services placed by referred customers. The Company will pay affiliate commissions according to the terms & conditions and rules of this Agreement.
10. Representation and Warranties of Yeryms Consultant
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You represent and warrant that you have read this Agreement and agree to be bound by set forth herein.
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You represent and warrant that you have the power and authority to enter into this Agreement and perform its obligations as described in this Agreement
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You represent and warrant to comply with all governmental laws, rules and guidelines and other applicable laws, during the term of this Agreement.
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You represent and warrants that 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.
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During the term of this Agreement, you warrant that you will not include in your Affiliate site content that is in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, or otherwise objectionable or in violation of our Terms and Conditions or Acceptable Use Policy.
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You warrants to present Yeryms in a professional and lawful manner at all times during the term of this Agreement
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You agree to be liable for any and all activities that occur under your Affiliate account.
11. License
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During the term of this Agreement, Yeryms grants you a non-exclusive, non-transferable, revocable license to (i) access our website through the Links solely in accordance with the terms of this Agreement and (ii) solely in connection with such Links, to use the Yeryms trademark and logo and similar identifying material provided by us (collectively, the "Licensed Materials"), for the sole purpose why it was provided on your Affiliate Site and as approved in advance by us. You may not alter, modify, or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials while you are Yeryms Consultant in good standing and in compliance with all of the terms of this Agreement.
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You shall not use the Licensed Materials for any purposes that we do approve or in compliance with the terms of this Agreement without first submitting a sample to us and obtaining the express prior written consent of Yeryms in each instance. You shall not use the Licensed Materials in any unlawful manner that may have a negetive effect on our reputation. We reserve all of our rights in the Licensed Materials and your license to use such material is limited to the manner described herein. We may revoke your license at any time, by giving you written notice. If not previously revoked, this license shall immediately terminate upon the termination of your participation in the Affiliate Program.
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You grant to us a non-exclusive license to utilize your name, title, trademarks, and logos (the "Affiliate Trademarks") in any advertisement or other materials used to promote Yeryms and the Program, provided that Yeryms’s use of the Affiliate Trademarks is not required and is at its sole discretion. This license shall terminate upon the termination of your participation in the Yeryms Affiliate Marketing Program.
12. Relationship of the Parties
Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise or employment relationship. You are an independent contractor of Yeryms and will remain so at all times. 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 site or any other channel that would contradict anything hereunder.
13. Anti Spam
You are prohibited from using the Program to perform illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails without permissions.
14. Data Loss
Yeryms shall use appropriate and reasonable measures to ensure that our server and services are available 100% at all time. However, because these services are provided online and through telecommunications systems, we make no warranties that the service will be uninterrupted and error free and Yeryms shall not be responsible for any disruptions of service or downtimes of the server. You are responsible for the security of your account or content. You agree that your participation in the Program is solely at your risk.
15. Training and Support
We make available to you as part of our Affiliate Marketing Program without charge; tutorial and seminar classes on any of the following channels below to learn more about what we do, how we do and the terms of service and conditions:
WhatsApp Group: https://chat.whatsapp.com/HBoQBarMbbs4zf28Ka5zFw
Telegram Group: https://t.me/joinchat/MP56Exa2pMI6Gn330FTmiQ
16. Terms and Termination
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The term of this Agreement will commence upon accepting your affiliate application. Either party may terminate this Agreement at any time with or without any reasons whatsoever.
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You will only earn Commission fees on sales made during the term of this Agreement as long as you are in compliance with the terms and conditions of this Agreement. If a party materially breaches this Agreement and the defaulting Party does not cure such breach within _____days after its receipt of written notice of such material breach, the non-defaulting party may terminate this Agreement upon written notice to the Defaulting Party.
Upon termination of this Agreement, you will immediately;
i. cease using Yeryms’ Trademarks,
ii. return all Confidential Information, Materials, Referred Customer information and information related to potential customers to Yeryms
iii. discontinue holding yourself out as a marketer and promoter of our Products and Services, and
iv. Yeryms will pay you Commission earned for Referred Customers through the effective date of termination in accordance with the terms and conditions set forth herein.
17. Confidentiality
You will keep all proprietary information related to the business of Yeryms and any of its affiliates, clients and other third parties to which you have access, whether in oral, written, graphic and/or machine-readable form, in the course of or in connection with this Agreement (collectively, the “Confidential Information”) confidential and will only use such Confidential Information to perform your obligations under this Agreement. You may disclose the Confidential Information only to those who have a need to know such Confidential Information solely in connection with this Agreement; provided that you assume full responsibility for any failure to comply with this Agreement. You acknowledge that a breach of the obligations related to Confidential Information may result in irreparable and continuing damage to Yeryms for which monetary damages may not be sufficient, and you agree that Yeryms will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief, and such further relief as may be proper from a court of competent jurisdiction.
18. Indemnification
You agree to defend and indemnify and hold harmless Yeryms, subsidiaries, directors, officers, employees, agents, shareholders, and partners against any and all legal claims, actions, demands, liabilities losses, damages including attorney’s fees, which may arise from or relate to your use or misuse of the Program, your breach of this Agreement, your conduct or actions. You agree that Yeryms
19. Earnings Disclaimer
We do not believe in get-rich-quick programs. We believe in hard work, adding values and serving others. And that's what our programs are designed to help you do. Like every business, building an online business whether passive or active takes time and a lot of hard work. We cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, programs or strategies. Your earning potential is absolutely dependent upon you. Whether you are successful is also dependent upon factors, including but not limited to your skills, techniques and strategies, financial resources, marketing knowledge, business model and the time you devote to becoming an online success. You cannot use another person's success to measure your own success.
We are here to help by giving you our greatest strategies to move you forward, faster. However, nothing in this program is a promise or guarantee of future earnings. You must understand that, different businesses have their different risks involved with them and this is not an exception. Applying the principles and strategies set out on this website is no guarantee that you or any other person or entity will be able to obtain exceptional results as you expect. Thus, we take no responsibilities for any of your actions. Any financial numbers referenced here are simply estimates or projections or past results, and should not be considered exact, actual or as a promise of potential earnings. All numbers are illustrative only.
Although we have taken reasonable steps to ensure that the information contained in this website is accurate, but we cannot represent that the website is free of errors. Thus use of information, product and services on our website should be based on due diligence. You should conduct due diligence to verify any information obtained from this website and all resources available on it prior to taking any action. You also agree that Yeryms is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services.
20. Disclaimer of Warranties and Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR DEALING, OR TRADE USAGE AND/OR FITNESS FOR A PARTICULAR PURPOSE.
In addition, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning referred customers during any period of interruption.
In no event will Yeryms nor any of its affiliates, employees, directors, officers, agents, sellers, vendors or suppliers will be liable to you under any legal or equitable theory, whether in tort, contract, strict liability or otherwise
21. Modifications
Yeryms reserves the right to change or modify the terms of this Agreement at any time in its sole discretion. Modifications may include but are not limited to the change in the scope of available commission fees, commission percentages, payment procedures, commission fee payment schedule and the Program rules. If you do not agree with any modification, you only recourse is to terminate this Agreement, in which you will remain entiled to your rights under the unmodified Agreement before the date of the applicable modification. You continued participation in the Program after posting of any modifications on our website will constitute binding acceptance of the change.
22. Miscellaneous Provisions
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Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
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This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.
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You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
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This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
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If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
23. Applicable Law
This Contract shall be construed and enforced according to the laws of the Federal Republic of Nigeria and any dispute under this Agreement must be brought in this venue and no other.