Terms & Conditions of Jossidy Affiliates Hub
Terms & Conditions
THIS IS A LEGALLY-BINDING AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
1. Acknowledgement & Acceptance of Agreement
- Pursuant to this Agreement, Advertiser submits Affiliate Offers(s) and/or link(s) to, its web site(s) for inclusion on Jossidy Affiliates Hub’ website. The terms and conditions applicable are set forth below.
- Basic inclusion of a website title, description and URL (‘Affiliate Offers’) on the Jossidy Affiliates Hub site are offered on an inclusion basis for a free, 1 week, 2 weeks and 1 month feature listing fee, which is renewable. Jossidy Affiliates Hub may, in its sole discretion, change the feature listing or renewal fee at any time.
- Following submission by Advertiser of a Affiliate Offers submission form, Jossidy Affiliates Hub will review the Affiliate Offers entry containing the information submitted by Advertiser regarding its website, to determine whether Advertiser’s Affiliate Offers entry and applicable web site is eligible for inclusion in Jossidy Affiliates Hub. Within one (1) business day from the date the Affiliate Offers submission form is received by Jossidy Affiliates Hub, we will review Advertiser’s Affiliate Offers entry inclusion to determine whether it is eligible for inclusion in Business.com.
2. Notification of Changes
- Jossidy Affiliates Hub may, at any time in its sole discretion, change the terms of this Agreement. Modifications may include, without limitation, increases to the featured listing fees charged for the Listing Services. Whenever Jossidy Affiliates Hub changes this Agreement, it will post those changes to its Web Site and will update the ‘Last Updated’ date at the top of this Agreement. The revised terms will become effective on the date Jossidy Affiliates Hub posts such changes to its Web Site, except featured listing fee increases will become effective at the time your featured listing renews. It is your obligation to check this Agreement regularly to ensure you are updated as to any changes. Without limiting the foregoing, if Jossidy Affiliates Hub determines in its sole discretion that the modification is material, it will notify you electronically via the email address associated with each account. If any modification to this Agreement is not acceptable to you, your only remedy is to notify Jossidy Affiliates Hub of your election not to renew your Agreement, as provided in Section 3 below.
3. Terms of Agreement
- Jossidy Affiliates Hub may, at any time in its sole discretion, with cause, terminate this Agreement and/or cancel any listings or links submitted under this Agreement.
- Auto-Renewal: Advertiser’s 2. Affiliate Offers subscription will be manually renewed for successive terms, unless Advertiser pays in advance for automatic renewals.
- The cost of the renewed Listing will be the then-current standard rate. Advertisers will be charged the non-refundable renewal fee in accordance with the terms of this Agreement.
4. Service Fees and Payment Terms
- Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify Jossidy Affiliates Hub in writing within seven (7) days after any such charge; failure to so notify Jossidy Affiliates Hub shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by Jossidy Affiliates Hub. No other measurements or statistics of any kind shall be accepted by Jossidy Affiliates Hub or have any effect under this Agreement.
- Fees: Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify Jossidy Affiliates Hub by sending a detailed notice of dispute to Jossidy Affiliates Hub via email at: [email protected] within seven (7) days of the charge. Failure to so notify Jossidy Affiliates Hub shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by Jossidy Affiliates Hub. No other measurements or statistics of any kind shall be accepted by Jossidy Affiliates Hub or have any effect under this Agreement. All payments made under this Agreement are non-refundable.
- Disputes: If Advertiser has any questions or objections regarding charges, it must promptly (within 7 days) notify Jossidy Affiliates Hub in writing (including electronic mail) and make a reasonable and good faith effort to resolve its objection. Such notice must identify the amount in dispute and must provide in reasonable detail the basis for disagreement with any charges. If Advertiser fails to comply with these requirements, Advertiser will be in material breach of this Agreement and Jossidy Affiliates Hub will be entitled to liquidated damages calculated as follows in addition to any equitable remedies available to it. Liquidated damages may include but not be limited to: all fees accrued up to the termination of this Agreement, plus attorney fees and costs, plus late fees on the foregoing at the legal rate of interest. For purposes of this paragraph, disputing payment because of inability to pay or because of Advertiser’s failure to submit a proper notice of non-renewal by the applicable date shall not be considered to be a good faith dispute.
- Payment Method: Payments for featured listing can be made through online payments using ATM cards, direct bank account payments or through the cryptocurrency payment form provided through the checkout page.
5. Editorial Standards and Requirements
- Advertiser’s Listing entries are written by Advertiser, subject to Jossidy Affiliates Hub’ approval. Advertiser agrees to be bound by and follow the primary theme and aim of Jossidy Affiliates Hub to only post material that conforms to the primary theme and aim of Jossidy Affiliates Hub. Advertiser’s submissions to the Jossidy Affiliates Hub site will be subject to Jossidy Affiliates Hub editorial review, modification and/or removal in Jossidy Affiliates Hub’ sole discretion. Jossidy Affiliates Hub reserves the right, but not the obligation, to review Advertiser submissions.
- ADVERTISER REPRESENTS AND WARRANTS THAT ITS LISTINGS, LINKS AND SUBMISSIONS TO THE JOSSIDY AFFILIATES HUB SITE DO NOT, AND WILL NOT INCLUDE CONTENT, OR LINKS TO CONTENT, WHICH MAY RESULT IN A CLAIM AGAINST, OR CIVIL OR CRIMINAL LIABILITY TO, JOSSIDY AFFILIATES HUB OR THAT OTHERWISE VIOLATES APPLICABLE LAW OR THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTENT THAT IS FRAUDULENT, DECEPTIVE, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ADULT-THEMED, INFRINGING OR THAT VIOLATES THE PRIVACY, PUBLICITY OR ANY OTHER RIGHT(S) OF A THIRD PARTY.
- ADVERTISER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS JOSSIDY AFFILIATES HUB AND ITS AFFILIATES AND PARTNERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, AGENTS, LICENSEES AND EMPLOYEES, FROM AND AGAINST ALL THIRD PARTY CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES, AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES (COLLECTIVELY, ‘LOSSES’) THAT MAY AT ANY TIME BE INCURRED AS A RESULT OF ANY THIRD PARTY CLAIMS, SUITS OR PROCEEDINGS: (A) ARISING OUT OF ANY BREACH BY ADVERTISER OF ANY DUTY, REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; OR (B) ARISING FROM THE CONTENT OR SUBJECT MATTER OF ANY ADVERTISER LISTING, LINK, SUBMISSION OR CONTENT OF SITES TO WHICH VISITORS CAN LINK THROUGH ADVERTISER’S LINKS OR LISTINGS. JOSSIDY AFFILIATES HUB RETAINS COMPLETE EDITORIAL DISCRETION WITH RESPECT TO ALL LISTINGS AND LINKS, INCLUDING, WITHOUT LIMITATION, REGARDING THE SELECTION, PLACEMENT, KEYWORDS, TITLE, DESCRIPTIONS AND MULTILINKS.
- Jossidy Affiliates Hub endeavors to protect the security of Advertiser’s payment information during transmission by using Secure Sockets Layer (‘SSL’) when receiving payment information through the Jossidy Affiliates Hub website. It is important for Advertiser to protect against unauthorized access to your password and your computer. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and Advertiser agrees to accept full responsibility for all activities conducted using Advertiser’s account on Jossidy Affiliates Hub.
7. Registration Information
- In connection with the Listing program, Advertiser is required to submit registration information. Jossidy Affiliates Hub may use such information to contact Advertiser regarding its listings and links. Jossidy Affiliates Hub may disclose such information to its third party vendors and service providers in connection with conducting its business and providing and maintaining its site, and, in addition, in the good faith belief that such disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce this Agreement; or (c) protect the rights or interests of Jossidy Affiliates Hub, its affiliates or related parties. Notwithstanding anything to the contrary herein, Jossidy Affiliates Hub may transfer, sell or assign such information to third parties as a result of a merger, consolidation or combination of Jossidy Affiliates Hub with another entity.
- Advertiser hereby grants to Jossidy Affiliates Hub a worldwide, limited, non-exclusive, non-transferable, royalty-free license to: (i) reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Advertiser’s listings and submissions, and any portion thereof, including, without limitation, the trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by Advertiser (collectively the ‘Advertiser Marks’), for purposes of providing the services covered by this Agreement; and (ii) incorporate in Jossidy Affiliates Hub’ sites links provided by Advertiser as part of its listings and submissions.
9. Warranty Disclaimer
- NEITHER JOSSIDY AFFILIATES HUB NOR ITS SUPPLIERS OR VENDORS MAKE ANY WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE. JOSSIDY AFFILIATES HUB’ OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO DELAYS CAUSED BY WAR, TERRORISM, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND JOSSIDY AFFILIATES HUB’ REASONABLE CONTROL. ADVERTISER ACKNOWLEDGES THAT JOSSIDY AFFILIATES HUB’ SITE IS OPERATED ON AN ‘AS IS’, ‘AS AVAILABLE’ BASIS, AND THAT NEITHER JOSSIDY AFFILIATES HUB NOR ITS SUPPLIERS OR VENDORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PLACEMENT OF LISTINGS OR LINKS OR THE PERFORMANCE OR SECURITY OF ITS WEB SITE OR SERVICES.
10. Limitation of Liability
- IN NO EVENT SHALL JOSSIDY AFFILIATES HUB OR ANY OF ITS SUPPLIERS, VENDORS OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL JOSSIDY AFFILIATES HUB’ LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO JOSSIDY AFFILIATES HUB BY ADVERTISER UNDER THIS AGREEMENT DURING THE SIX MONTH PERIOD PRIOR TO THE TIME THE APPLICABLE CLAIM ACCRUED.
- In no event shall Advertiser collect, or cause or permit the collection of, any Personal Information (as defined below) from users of Jossidy Affiliates Hub’ site while such users are browsing or viewing Jossidy Affiliates Hub’ sites, or place any file or code, including cookies, on the personal computers of users of Jossidy Affiliates Hub’ sites while such users are browsing or viewing Jossidy Affiliates Hub’ sites. Jossidy Affiliates Hub’ privacy policies shall apply to users of Jossidy Affiliates Hub’ Web Site while users are browsing or viewing Jossidy Affiliates Hub’ site, and Advertiser shall comply with same. Jossidy Affiliates Hub shall own all information relating to user access to Jossidy Affiliates Hub’ site, including, but not limited to, all Personal Information, demographics and usage information gathered there-from. ‘Personal Information may include an individual’s name, address, e-mail address, age, date of birth, credit card or other financial information, or any other contact or personal information about an individual or from which the personal information about an individual can be derived.
12. Reservation of Rights
- Advertiser agrees that Jossidy Affiliates Hub retains all right, title and interest in and to Jossidy Affiliates Hub’ technology, services and other intellectual property rights. Advertiser agrees that it will not reproduce, distribute, alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided by Jossidy Affiliates Hub’, except as explicitly provided herein or approved in advance in writing by Jossidy Affiliates Hub’.
- Jossidy Affiliates Hub reserves the right, in its sole discretion, to (i) remove Advertiser’s Listing and/or cancel Advertiser’s account for good cause; (ii) change the fees for Listing; (iii) change the procedures or rules for obtaining or maintaining a Listing; (iv) alter the content or other aspect of any Listing; and (v) discontinue Listing and/or the Jossidy Affiliates Hub Directory or website. Payment of Advertiser’s fee will not guarantee that Advertiser’s listing(s), link(s) and/or account will remain on the Jossidy Affiliates Hub Directory or website if Advertiser or Advertiser’s listing is deemed to be in violation of any term or condition of this Agreement. Upon any termination or expiration of this Agreement, Advertiser shall promptly pay Jossidy Affiliates Hub all moneys due hereunder.
- Receipt times of all submissions, notices and other correspondences and transactions via the Jossidy Affiliates Hub website are measured based on receipt by Jossidy Affiliates Hub’ servers. This Agreement: (a) shall be governed by and construed in accordance with, the laws of Nigeria, without giving effect to principles of conflicts of law; (b) constitutes the complete and entire expression of the agreement between the parties with respect to the subject matter hereof; and (c) shall supersede any and all other agreements, whether written or oral, between the parties, including, without limitation, any print, online and electronic promotional materials. All waivers hereunder by Jossidy Affiliates Hub must be expressly made in writing. Should any provision of this contract be held to be void, invalid, or inoperative, such provision shall be modified to reflect the fullest enforceable intent of the parties, or if such modification is not possible, severed, and the remaining provisions of this contract shall not be affected and shall continue in full force and effect. Exclusive venue for all disputes arising out of, or related to this Agreement, shall be the state and federal courts located in the Federal Capital Territory, Abuja, Nigeria, and each party hereby irrevocably consents thereto. Any rights or obligations hereunder may not be transferred or assigned by Advertiser without the prior written consent of Business.com. Jossidy Affiliates Hub may freely assign and delegate the Agreement and any of its rights and obligations hereunder.