Terms & Conditions: Buyer, Vendor and Affiliate Agreement
Quicksell4me would like to welcome you! We provide the premium
online marketplace for the hosting, advertisement, marketing and sales for high
quality digital and physical products.
This is a legal agreement binding you and Quicksell4me.
This agreement defines the terms of your membership as a
buyer or registered vendor/affiliate in the Quicksell4me
marketplace.
Kindly read through the Quicksell4me
agreement before activating your account. By registering as a
vendor/affiliate on the Quicksell4me platform
and clicking "agree," you are agreeing to be bound by all terms of
this agreement. If you do not agree to each of the terms of this agreement, you
are not eligible to register or become a vendor/affiliate on the Quicksell4me platform and you may not buy any product from
the Quicksell4me platform, or provide any
products for sale by means of the Quicksell4me platform or
earn commissions for promoting products in the marketplace.
This agreement may be amended at any time by Quicksell4me posting a reviewed version on our website. You
agree that the reviewed version will be effective at the time we post it. If
the reviewed version includes any substantial changes, we will provide prior notice
on our website at least thirty (14) days before implementing the considerable
change.
1. Vendor/Affiliate benefits.
Accessing the
Platform: As a vendor/affiliate, you will be able to experience the incomparable
benefits, availability and ease of the Quicksell4me comprehensive marketing,
hosting, advertising, sales and tracking platforms for yourself, your
affiliates and your customers.
Services: Quicksell4me may also offer
other services, as described more fully herein and on the Quicksell4me website
or vendor web pages (collectively, the “site”), some of which are optional
and/or may require additional payment. Services may include, but are not
limited to, advertisement services (including e.g. featured listings and market
“bumps”), enhanced product placement, and more. Quicksell4me reserves the right
in its sole discretion to add, delete, change, suspend or discontinue providing
the marketplace, services, and/or site to you at any time, and may impose
limits on certain features and materials offered or restrict your access to
parts or all of marketplace, services, and/or site without notice or liability.
Quicksell4me may offer other benefits. As a vendor/affiliate you may have the
opportunity to attend live events, conferences, seminars, technical workshops,
and/or other events (including online or on-air broadcasts of such events, or
recordings thereof) (“Quicksell4me events”).
Quicksell4me events may be free or paid entry fee, open to
the public or restricted to vendors/affiliates. Quicksell4me will endeavor, at
its discretion, to provide discounted entry, special sessions, opportunities to
speak, or other options to vendors/affiliates. So, basically some of the Quicksell4me
features, benefits and services are free, while others might require an extra
fee, and Quicksell4me may offer, remove or change them at any time.
2. Consumer Benefits
Accessing
the Platform: As a Consumer, you will have the access
to enjoy the ease of use and convenience of Quicksell4me’s high-quality
product marketplace. Your purchases are backed by Quicksell4me 14-Day
refund guarantee. This refund guarantee also depends on the vendor's desired
settings for that particular product. In the case where a particular product is
not covered by a refund guarantee, Quicksell4me will
notify the potential consumer by putting a message on the sales/order page of
the product.
Using Quicksell4me
You understand and agree that Quicksell4me platform is a
private community and Quicksell4me reserves the right to provide service or
refuse service to any buyer or user, or to accept or reject vendors/affiliates
on any basis, in its sole discretion.
a. Becoming a User/Consumer
Anyone may generally purchase
products from Quicksell4me subject to these terms and conditions. Valid email
addresses and phone numbers will be required for purchases. Quicksell4me
reserves the right to refuse service to any person who, in Quicksell4me’s sole
judgment, seeks refunds without justification or who repeatedly or consistently
seek refunds on many products purchased, particularly where those products have
been reviewed and received good ratings may be deemed a Serial Refunder and
refused further service. Any refunds outstanding will be provided and
thereafter service will be refused to the account holder. In addition, Quicksell4me
provides a simple means of requesting refunds within the allowed refund
guarantee window for the purchased product. If a buyer refuses to follow Quicksell4me’s
approved procedures and the agreed-upon refund period for refunds, Quicksell4me
reserves the right to ban the buyer for life from future use of Quicksell4me
platform as a buyer, vendor or affiliate and such none compliance shall be
treated as waiver. In the case where a particular product is not covered by a
refund guarantee, Quicksell4me will notify the potential buyer by putting a
message on the sales/order page of the product.
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b. Becoming a Vendor/Affiliate
You understand that Quicksell4me is a private community,
and Quicksell4me reserves the right to accept or reject vendors/affiliates on
any basis, in its sole discretion. To be eligible to become a vendor/affiliate
on the Quicksell4me platform, you must complete an application to register and
pay the required registration/signup fees. We will require you provide us with
details sufficient for Quicksell4me to determine if you qualify to be a
vendor/affiliate, and if you are acceptable. To qualify, you must be at least
18 years old, and you must provide your real name and current/accurate and
verifiable contact information. You must not have been banned or refused
service from Quicksell4me previously or Quicksell4me reserves the right to
reject your application.
You understand and agree to provide only truthful information and to keep such
information current at all times. If the information you provide to Quicksell4me
is inaccurate, it may result in delays in processing your application, and
could result in Quicksell4me not being able to pay you. If the information you
provide is not truthful or cannot be verified, your application will be
rejected. Quicksell4me has the right to refuse and/or cancel any new
application or existing account for any reason in its sole discretion and for
no reason. Where it is discovered that misleading or inaccurate information is
provided, in addition to what this clause already provided, Quicksell4me shall
not be liable for any action of the Vendor/affiliate and reserves the right to
seek appropriate legal redress.
Getting approved as an affiliate:
Prior to being able to earn a commission on any particular
product, you must agree to these terms and conditions plus (in some cases), you
must be accepted by the vendor before you can promote the product or earn any
commission from your promotions so, basically you must fill in your Quicksell4me
application and profile form with truthful and complete information and also
pay the required registration fee to sign up as a vendor/affiliate on Quicksell4me,
and Quicksell4me has the right to refuse and/or cancel any member account in
its sole discretion any misinformation or inaccurate information shall be
sufficient reason to deny you of any commission earned. .
3. Vendors: Selling your products
Content:
As a vendor hereunder, you may submit one or more products for sale
(“products”) via the Quicksell4me platform. The products may include any form
of digital content (written, audio, video, etc.) (“Content”) as it is
appropriate for your products. All digital products and content must be
suitable for digital delivery.
Quicksell4me acts as a reseller for the vendors' products. That means that
buyers are technically buying from Quicksell4me and not directly from the
vendor. You will however retain all rights and liabilities to your products
except as provided herein.
You understand that Quicksell4me will review your products or content for
completeness, accuracy, quality, marketability, or the like, so it's your
responsibility as a vendor to submit products with complete, accurate and
quality contents that match truthfully what's advertised in your sales page, or
else Quicksell4me might remove them from the marketplace.
Quicksell4me reserves the right to reject any product(s)
for any reason or no reason at any time in its sole discretion. Moreover, it is
to your great advantage to ensure the quality of your product(s). Each product
will be subject to reviews and/or ratings from purchasers, which will be
available and/or prominently displayed to potential buyers of your product(s)
in the market place.
(i) Allowed product(s):
Quicksell4me does not allow, and you agree not to, submit
any product(s) or content that are pornographic or offensive in nature, or
which pertain to pyramid schemes, Multi-Level Marketing (mlm), any illegal activity
which contains any illegal material including but not limited to material that
violates another’s copyrights or trademarks, trade dress, trade secrets, right
of publicity, privacy or other rights, including moral rights or rights of
attribution. Quicksell4me shall use its unfettered discretion and expressly reserves
the right to remove such products, content or material from the marketplace,
without notice and without compensation to you. You agree that any advertising
or other fees paid in connection with products, content, or other material that
is removed from the platforms will not be refunded. You further agree that you
remain fully responsible for any damage to Quicksell4me and to its customers
that result from your submission or inclusion of such products, content or
material on the platform.
To be included on the Quicksell4me platform, your products
must be original. Private Label Rights (“PLR”) that you have obtained cannot be
the basis of a product. PLR material can be offered, for example, as a free bonus
distributed alongside a product, but not as the product itself. Quicksell4me
reserves the right to refuse to accept any product or to remove any product
that deems to lack sufficient originality. You must have all required rights,
including copyrights to all content in your product(s) to allow Quicksell4me sell
the products. The foregoing requirement includes all content within the
product(s), for example cover images, as well as any music, including
background music in recorded audio or video products. In addition to the other
licenses granted herein, you also grant Quicksell4me a limited license to
resell your products, and process all payments in connection therewith. Quicksell4me
shall pay you in accordance with the payment provisions herein. Where you fail
to ensure compliance with any of the above the failure of Quicksell4me to
request at the time of submission shall not limit your liability in anyway.
(ii) Pricing of Product(s):
Vendors and only vendors may set the price (“sales price”)
of their own products within the limits established by Quicksell4me for minimum
and/or maximum prices (“price limits”). As a vendor, you agree not to attempt
to price any product submitted on the platform outside of then current price
limits in place at the time of submitting the product to the Quicksell4me
platform. Quicksell4me will post its current price limits prominently on the
site. Currently, the "lower price limit" is N5, 000 and the “upper
price limit” is N500, 000 for any product offered for sale in the place.
However, Quicksell4me expressly reserves the right to set the "upper price
limit” for the platform as a whole or on a per vendor basis. Vendors with
marketplace track records of greater merit (including, e.g., lower refund
rates, better purchaser reviews, higher ratings, longevity, etc.) may be
afforded greater latitude in pricing their products, at Quicksell4me’s
discretion. You understand that as a vendor you are subject to the foregoing
price limits unless you have been expressly notified in writing from Quicksell4me.
Quicksell4me will review each petition for a price limit raise on a case by
case basis, and may accept or decline the petition in its sole discretion.
Notwithstanding the foregoing price limits, Quicksell4me also reserves the
right to raise the upper price limit on a per product basis (i.e. for a
particular product from a specific vendor) based on Quicksell4me’s direct
review (“price review”) which may include consideration of the vendor’s history
on the platform, reputation in the industry, the product itself, the proposed
price, market conditions, current terms and relationships with payment
processors, gateways, and such other factors as Quicksell4me chooses. After
such price review, Quicksell4me’s decision as to whether to raise the upper
price limit in any instance shall be final and made in its sole discretion. If Quicksell4me
chooses not to raise the price limit for a given product, vendor agrees that
the product shall be offered on the platform at a sales price below the upper
price limit. Quicksell4me may charge a “review request fee” or may allow each
vendor to request a set number of such price reviews at no cost, and may charge
a review request fee for any additional price reviews requested by that vendor.
As a vendor, you understand and agree not to offer the same product listed
on the Quicksell4me platform for a different price somewhere else. This
includes your website. In situations where the vendor has to alter the price of
a particular product listed on the Quicksell4me platform on the vendor's
website, the vendor must inform Quicksell4me to update the price on the Quicksell4me
website as well.
Quicksell4me reserves the right to suspend a Vendor's product if there are
differences in price listed on the Vendor's website versus what is listed on Quicksell4me
Quicksell4me may terminate any vendor who violates this provision repeatedly
and the vendor shall be solely responsible for any liability that may result
from such.
The products must be original and the vendor must hold all
required copyrights of the product(s) and content to allow Quicksell4me to sell
the product(s). The product(s) must not relate to any of our forbidden niches
(pornography, gambling, pyramid schemes, etc).
Vendors warrant and represent that;
They have the right and full authority to enter into this
Agreement with Quicksell4me.
All their obligations under this Agreement are legal, valid
and binding obligations enforceable in law.
There are no proceedings pending, which may have a material
adverse effect on their ability to perform and meet their obligations under
this Agreement;
That they are an authorized business establishment and hold
all the requisite permissions, authorities, approvals and sanctions to conduct
their business and to enter into an arrangement with the Quicksell4me.
They shall at all times ensure compliance with all the
requirements applicable to their business and for the purposes of this
arrangement including but not limited to Intellectual Property Rights, Trade
Mark and any other third party and that it has not violated/ infringed any
intellectual property rights of any third party.
That they shall provide Quicksell4me with copies of any
document required by Quicksell4me for the purposes of this performance of its
obligations under this arrangement within 24 hours of getting a written notice.
That the complete product responsibility and liability
shall solely vest with Vendor and that the Vendor shall be solely responsible
to the customer for the sale of the Product by Vendor including but not limited
to its delivery to the Customer and that Vendor shall not raise any claim on Quicksell4me
in this regard.
Vendor agrees and undertakes not to upload any text,
images, graphics (for description and display of product on the online store)
that is vulgar, obnoxious, inaccurate, false, incorrect, misleading,
intimidating, against the public policy.
The Vendor indemnifies and shall hold indemnified Quicksell4me,
its directors, officers, employees, representatives, agents from and against
all losses, damages, claims, suits, legal proceedings and otherwise howsoever
arising from or in connection with any claim including but not limited to claim
for any infringement of any intellectual property rights or any other rights of
any third party or of law, concerning quality, quantity and any claim in
relation to the Vendor’s product, the breach of any of the Vendor’s warranties,
representations or undertakings or in relation to the non-fulfillment of any of
its obligations under this Agreement or arising out of the Vendor infringing
any applicable laws. For the purpose of this clause reference to Quicksell4me
shall also include the Mobile Operators and such other agencies through whom
Quicksell4me shall make the Online Store available to the Customers.
The Company agrees to indemnify and to keep indemnified the
Vendor in respect of all claims losses and expenses (including the cost of
litigation if any) arising out of any breach or default part of Quicksell4me to
perform its obligations under this Agreement.
This article shall survive the termination or expiration of
this Agreement.
Quicksell4me shall under no circumstances be liable or
responsible for any loss, injury or damage to the Vendor, or any other party
whomsoever, arising on account of any transaction under this Agreement or as a
result of the Products being in any way defective, in unfit condition, invading/
violating any laws / regulations / intellectual property rights of any third
party.
Vendor agrees and acknowledges that Vendor shall be solely
liable for any claims, damages, allegation arising out of the Products offered
for sale through Quicksell4me online store (including but not limited to
quality, quantity, price, merchantability used for a particular purpose, or any
other related claim) and shall hold the Company harmless and indemnified
against all such claims and damages.
Further Quicksell4me shall not be liable for any claims,
damages arising out of any negligence, misconduct or misrepresentation by the
Vendor or any of its representatives.
The Vendor hereby agrees, confirms and acknowledges that
the Product is owned by the Vendor and that Quicksell4me is merely a
facilitator for sale of the Vendor’s Product, hence Quicksell4me is not
responsible/ liable for the Product, its design, its function and condition
manufacturing and selling and financial obligations, warranties, guarantees
whatsoever.
4. Affiliates: promoting products for a commission
As an affiliate in the Quicksell4me platform you will have the opportunity to
promote and make commissions on a wide variety of digital/physical products
offered via the state of the art Quicksell4me platform. As described above,
products offered through the Quicksell4me platform are provided by our vendors
for sale by Quicksell4me.
You evaluate and choose which product(s) to promote:
As an affiliate, you are solely responsible for evaluating
and selecting the vendors and product(s) you would like to market or advertise.
Quicksell4me endeavors to maintain the highest quality in the platform through
its unique review system. Unlike other platforms where products are not
reviewed and left to guess work.
However, you should understand and agree that Quicksell4me
is not responsible for the contents, accuracy, quality, usefulness, or any
other aspects of any product, or any supplementary products.
You understand and agree that you are solely responsible for
any costs associated with marketing, advertising, or mailing, including any
marketing materials you choose to develop, regardless of whether your marketing
or advertising efforts results in sales or not. Moreover, Quicksell4me does not
provide any legal advice or review of your advertisements and you are solely
responsible for the content of your marketing and advertising efforts and any
liability resulting therefrom.
Use only respectful promotion practices:
You agree that you will not use any marketing or
advertising materials which contain any illegal material including but not
limited to material that violates another’s copyrights or trademarks, trade
dress, trade secrets, right of publicity, privacy or other rights, including
moral rights or rights of attribution, or which are defamatory.
Moreover,
you agree that your advertisements and/or promotions will accurately represent
the product(s), without hyping or exaggerating the contents, benefits or
features. You must represent the product(s) in a truthful manner.
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You
further agree that, in connection with products in the Quicksell4me platform,
you will not use any marketing or advertising methods that include illegal
methods including unsolicited email or sms, false or misleading advertisements
or any advertisement which makes any claim that is not permitted about earnings
or other aspects of a product or other violates any law or regulation.
You understand and agree that your marketing and advertising efforts shall not
state or suggest that you are in fact Quicksell4me, or representing Quicksell4me
or endorsed by Quicksell4me in any way or that you are the owner of the product
as this will be treated as impersonation. Your marketing and advertising will
not contain or utilize the Quicksell4me content (as defined herein) except as
expressly permitted.
You understand and agree that you will not personalize the
vendor of the product you are promoting in any way through your marketing and
advertising or suggest that you are the vendor. If you are found to mislead
people by using the name(s) of the vendor as your own, it may result in Quicksell4me
terminating your affiliate account and seizing any commissions you have in your
affiliate balance without any warning whatsoever.
Quicksell4me
does not allow and you agree not to promote, market, or advertise any products
or utilizing advertisements that are pornographic in nature, pyramid schemes,
Multi-Level Marketing (MLM)). You may not combine your advertising for products
on the Quicksell4me platform with advertising for any such non-permitted
products (including products not on the Quicksell4me platform).
Quicksell4me does not permit and you agree not to tailor or direct any
marketing or advertising for any product to children under the age of 18.
You agree not to state, or imply any guarantee or warranty about the product or
a refund period other than what is expressly provided through the Quicksell4me
platform. Marketing or advertising that provides, states, or implies any
additional guarantee or warranty is expressly prohibited. Quicksell4me may
terminate any affiliate who violates this provision and the affiliate shall be
solely responsible for any liability that may result from such representation.
You understand that Quicksell4me will use commercially reasonable efforts to
track purchases so as to accurately account for affiliate commissions. Tracking
codes, cookies, and/or similar technological means will be used where
appropriate. When a potential purchaser views and/or responds to your advertisement,
which includes your Quicksell4me affiliate information, any resulting sale will
be credited to your account. Quicksell4me does not permit and you agree not to
use any click jacking, cookie stuffing or other technological means of altering
a Quicksell4me visitor’s cookies in any way to obtain commissions or credit for
sales for which you would otherwise not be entitled. Quicksell4me reserves the
right to determine who receives an affiliate commission for any particular
sale. Quicksell4me also reserves the right to terminate, without notice, any
affiliate who in Quicksell4me’ sole determination, has unacceptably manipulated
the tracking of purchases or commissions.
So, basically vendors (and Quicksell4me) can block affiliates with a large
history of refunded transaction, low quality traffic, etc. moreover, you may
have to apply in advance as an affiliate for some of the products you want to
promote on Quicksell4me.
It's your responsibility to select the right products to
promote from our platform. Quicksell4me will do its best to ensure that the
products on our platform are top notch but we do not offer any guarantee or
representation in that regard.
Use only respectful promotion
practices (no spamming, no cookie stuffing, etc.) and don't exaggerate or hype
the product beyond its truthful characteristics.
5. Amount of commission to be paid on product sales
In exchange for their efforts in marketing and advertising products available
in the Quicksell4me platform, affiliates will earn a commission determined as a
percentage of the sales price of any product (“affiliate commission”) for sales
resulting from those marketing and advertising efforts.
A vendor can set the affiliate commission for any product(s) from 20% to 90%.
Proceeds of the sales for each product shall be paid as follows: Quicksell4me
fees shall be deducted from the gross sales price, and the affiliate commission
shall also be based on the gross sales price as well. Any remaining balance
after the Quicksell4me fees and affiliate commission are paid will be paid to
the product vendor.
Quicksell4me uses a secure tracking system to determine which affiliate
referred the sale, and is entitled to a commission.
So, basically affiliates are paid a commission for their promotion efforts. The
vendor of the product determines the commission structure for that product.
The proceeds that remain after paying the affiliate commissions and Quicksell4me
fees are paid to the vendor.
Quicksell4me uses a smart tracking system to track affiliate commissions.
6. Secure vendor/affiliate access and communication
Upon
registration as a vendor or affiliate, you will receive a Quicksell4me
Identification and password to login as a Quicksell4me vendor/affiliate, from
which you can access the vendor/affiliate resources (e.g. the ability to enter
a new product, get affiliate links, check sales and other history). Except as
otherwise agreed or permitted by Quicksell4me in writing, you may not share or
transfer your identity and secure password or access to the Quicksell4me system
in any way or with any one. You are solely responsible for maintaining the
confidentiality of your Quicksell4me identity and password and for any activity
in connection with your account.
It is also your responsibility to keep your phone number and primary email
address up to date so that Quicksell4me can communicate with you via emails,
phone calls and sms. You understand and agree that if Quicksell4me sends you an
electronic communication but you do not receive it because your primary email
address on file is incorrect, out of date, full or your email is directed to a
trash or spam filter, or you are otherwise unable to receive email or messages,
the electronic communication will be deemed to have been provided to you.
You can update your primary email address or other contact information at any
time by logging into your Quicksell4me vendor dashboard. If your email address
becomes invalid such that emails sent to you from Quicksell4me are returned, we
may deem your account to be inactive and your status as a vendor/affiliate may
be suspended or placed on hold until we receive a valid, working primary email
address from you.
So, basically your login access is individual and private,
and it's your responsibility to keep it that way. You may receive email or sms
notifications from Quicksell4me.
7. Sales pages and promotional material.
Contents of sales pages:
The vendor is responsible for the content of the product sales page. You, the
vendor, agree to provide all content to Quicksell4me in the permitted or
required format(s) as determined by Quicksell4me and/or to upload such content
in the permitted or required format(s) in your vendor dashboard. As a vendor,
you have no direct access or rights to alter any sales page.
Hosting:
You understand and agree that the sales page promoting the content and/or
products on the platform will be hosted by Quicksell4me on Quicksell4me’s
servers.
Quicksell4me will make the sales pages on the platform
available on the internet and shall use commercially reasonable efforts to
maintain the availability (i.e. uptime) of such sales pages for the public
consumption. However, no guarantee of uptime are made. Quicksell4me does not
own or control the internet and shall have no responsibility or liability for
any time(s) the platform or specific sale pages are not accessible (i.e.
“downtime”), even if your marketing and/or advertising efforts, product sales,
or commissions are disrupted as a result of such downtime, and even if the
downtime is a result of Quicksell4me’s error or negligence.
Claims on sales pages or promotions:
Whether you are acting as a vendor or affiliate for a
product, Quicksell4me strictly prohibits any false or misleading claims in
product(s), sales pages, or in advertisements including your sales copy or
other marketing or advertising materials related to product(s) on the Quicksell4me
marketplace, including any affiliate advertising materials.
You may not and you agree not to:
Make any unsupported, misleading, or false claim about any
content or product, or results that it can produce.
Include any
false or misleading testimonial, endorsement, or implied endorsement. As a
vendor, failure to disclose material connections between your endorsers of your
product; or as an affiliate, failure to disclose material connections between
any endorser of a product you are promoting and the product provider. You must
also disclose if any reviewer or endorser of your product was compensated.
Failure to include any disclaimer or statement(s) needed to qualify your claims
or to keep your advertising from being false or misleading. Make any
suggestions or unsupported claims as to amounts of income or earnings that are
typical or, that a purchaser will likely make or should expect.
8. Signup fees, pay-outs and refunds, and product refund policy:
As a vendor, you agree that once placed in the Quicksell4me
platform, sales of your product will be subject to a 14-day refund guarantee
from Quicksell4me. Notwithstanding, nothing in this agreement is intended to
prevent or coerce a vendor from standing behind his/her own product(s) or
issuing his/her own separate independent resolution with a product purchaser
outside of Quicksell4me.
Consistent with Quicksell4me’s guarantee, purchasers are entitled to a 14-day
refund period or depending on the product vendor's desired configuration for
that particular product.
Buyers,
affiliates and vendors with a high refund history may be banned from
purchasing, selling or promoting products again from the platform.
Quicksell4me may occasionally and at its sole discretion decide to grant a
refund beyond the product refund guarantee period.
Payment processing and signup fees:
To facilitate the platform, Quicksell4me will connect with other
third party companies (including banks) to process all payments for all product
purchases made through the Quicksell4me platform. Thus, you expressly grant
permission to Quicksell4me to sell your products and to process payments
received from the sale of your product(s) on the platform and agree to pay the
assigned transaction or processing fees (“Quicksell4me fees”) in exchange for
the services provided by Quicksell4me, currently, the Quicksell4me fees are as
follows:
For affiliates:
All affiliates are required to
register on Quicksell4me with N7,057.44. This sum is a yearly, non-refundable
fee for affiliate maintenance paid to Quicksell4me. Quicksell4me has the rights
to debit each affiliate of this sum once in a year.
For vendors:
All vendors are
required to register on Quicksell4me with N29,000 to start selling their
products. This is a yearly, non-refundable fee. Quicksell4me has the rights to
debit each vendor of this sum once in a year, plus Quicksell4me will also
charge a commission of 10% per sale on all vendor products, these Quicksell4me
fees can be changed at any time, and vendors and affiliates will be notified.
Payments to vendors/affiliates:
Except as provided below for first affiliate sale reserve,
high-volume sales, or fraud investigation reserve, affiliates will be paid
their commissions once in a week and vendors will be paid twice a month.
Currently, affiliates and vendors can receive payments via
any Nigerian bank account, and Quicksell4me is constantly working to offer new
payment methods. Affiliates must have a minimum of N5000 in their Quicksell4me
balance to qualify for a weekly payment.
Affiliate first-sale exception:
Affiliates will not receive commission from their very
first sale for each product they promote. this is to prevent the incentive for
affiliate ‘fraud’ where an affiliate plays the system by granting themselves an
instant discount (in the form of their affiliate commission) by purchasing a
product through their own affiliate link. Quicksell4me wants professional
affiliates who provide a legitimate service to the vendors, and their own
customers, in addition to Quicksell4me. From the second sale onwards, affiliate
commissions will be registered as usual. If you believe that, as an affiliate,
you will only generate one sale per product promoted, you must not sign up as
an affiliate.
However, in the event of any unusual activity, a
transaction volume spike or any specific transaction triggering our security
filters, Quicksell4me reserves the right to hold credits beyond the standard
10-day period subject to Quicksell4me’s manual investigation of the account's
recent activity. This generally will only take a few days, however Quicksell4me
reserves the right to reasonably extend the reserve period for a time
sufficient to resolve its questions about unusual activity to its own
satisfaction.
Quicksell4me endeavours to keep its reserves/holdback of
processed payments as low as possible, and to generally release funds to
vendors/affiliates within 10 days from the sale.
However, in the event of any unusual activity, a
transaction volume spike or any specific transaction triggering our security
filters, Quicksell4me reserves the right to hold the credits beyond the
standard 10-day period until a system administrator manually investigates the
account's recent activity. This usually shouldn't take more than a few days.
Fraud investigation reserve period:
If
Quicksell4me or one of Quicksell4me’s payment processors becomes aware of
actual fraud, or suspected fraud in connection with any purchase or group of
purchases related to your account, Quicksell4me reserves the right to require a
fraud investigation. If such an investigation is required, any and all
earnings/commissions earned on any basis may be temporarily held pending the
investigation, whether or not connected to the actual or suspected fraud. Quicksell4me
will use commercially reasonable efforts to have the fewest potential
earnings/commissions held, based on its review of its risk. Such fraud may be
in connection with debit cards, traffic, tracking, or some other basis.
If a fraud investigation is initiated, the vendor/affiliate may be asked to
provide additional information. You agree to cooperate with any such fraud
investigation in a reasonable manner. You will be informed of the results of
the investigation and a full accounting will be provided regarding your account
and any earning/commission due.
Any vendor/affiliate that has actual or suspected
fraudulent activity associated with one or more otherwise creditable or
commission-earning sales should not assume that Quicksell4me suspects them of
fraud. Stolen debit cards, fake debit cards, and other scams are prevalent on
the internet and such activity may have nothing to do with the
vendor/affiliate. Nonetheless, you understand and agree that you cannot be paid
for an otherwise creditable or commission-earning sale, where Quicksell4me will
not be paid. Moreover, Quicksell4me will comply with all legal requirements and
will report all such activities to appropriate authorities. If a
vendor/affiliate is believed to be directly or indirectly involved with
fraudulent activity or attempted fraudulent activity in connection with the Quicksell4me
marketplace, Quicksell4me will pursue all available legal action against the
vendor/affiliate. In such circumstances, you agree that you will forfeit any
balance in your account, and that Quicksell4me may use any such funds to
partially or fully defray its costs of its investigation and any subsequent
action, including legal fees and costs.
Affiliates signup and maintenance fee: N7,057.44/year
Vendors signup and maintenance fee: N29,000/year
Plus Quicksell4me
will charge a commission of 10% per sale on all vendor products.
Funds generated from vendor/affiliate will be released about 3 days after the
refund period has expired. So, once those funds are indeed released, you will
be paid.
If there's any unusual activity detected on your account, or if our security
filters are triggered, the reserve period may be increased while an
administrator reviews the account's recent activity.
9. Relationship with Quicksell4me:
You understand and agree that by becoming a
vendor/affiliate, no legal partnership, joint venture, or agency relationship
is created between you and Quicksell4me. Neither you nor Quicksell4me is a
partner, a joint venture, an agent or has any authority to obligate or bind the
other. You may not represent otherwise. As a vendor, you understand that you
are allowing Quicksell4me to sell the product(s)/content you place in the platform.
Quicksell4me is a licensee or at most a distributor of your product(s)/content.
10. Intellectual property:
Copyright and other intellectual property laws protect the Quicksell4me
platform, website and content (“Quicksell4me content”) thereon. Quicksell4me
retains all right, title and interest in and to the Quicksell4me content and
except as expressly set forth herein, no other rights or licenses are granted
or to be implied under any Quicksell4me intellectual property, including the
technology related to the Quicksell4me platform and services. All technology
and any content created or derived from any of the foregoing is the exclusive
property of Quicksell4me.
You
agree to abide by and maintain all notices, license information, and
restrictions contained herein. unless expressly permitted herein or otherwise
permitted in a separate agreement with Quicksell4me, you may not modify,
publish, network, rent, lease, loan, transmit, sell, participate in the
transfer or sale, reproduce, create derivative works, based on redistribute,
performance display, or in any way
exploit any of the above, in whole or in part.
"Quicksell4me platform ", and all logos related to the Quicksell4me
services and trademarks belong to Afrim Global. Therefore, you may not copy,
imitate or use them without Quicksell4me's prior written consent. All page
designs, headers, custom graphics, button icons, and scripts are service marks,
trademarks and/or trade dress of Quicksell4me. You may not copy, imitate or use
them without our prior written consent.
Quicksell4me may provide html logos, ads, and other affiliate content or tools
or affiliate programs (collectively “marketing materials”) for your use without
prior written consent for the purpose of directing web traffic to the Quicksell4me
platform or services or to specific product sales pages. You may not alter,
modify or change these marketing materials in any way, or use them for
commentary or in any other manner that is disparaging to Quicksell4me or the platform.
You may not display them or use them in any manner that implies any sponsorship
or endorsement from or by Quicksell4me.
You may not and agree not to decompile, reverse engineer,
disassemble, or attempt to derive the source code of any software or security
components of the Quicksell4me marketplace, content or services. You agree not
to use your status as a vendor/affiliate or your access to Quicksell4me systems,
platform, content or services to violate, tamper with or evade the security of
any computer network, software, passwords, encryption codes, technological
protection measures or to otherwise engage in any kind of illegal activity or
to enable others to do so. You agree to only use the Quicksell4me platform, content,
or services for vendors’ purposes. You further agree not to exploit the Quicksell4me
platform, content or services provided to you as a vendor/affiliate in any
unauthorized way, including but not limited to, by trespass or burdening
network capacity.
So, basically Quicksell4me owns all of its copyrights and
trademarks, so don't use (or abuse!) our brand or our technology without our
written consent.
11. Confidentiality and Nondisclosure:
You agree that any detail or information about Quicksell4me,
the Quicksell4me platform or the services disclosed by Quicksell4me to you in
connection with the platform or services or your role as a vendor/affiliate
will be considered and referred to as “Quicksell4me confidential information”.
notwithstanding the aforementioned Quicksell4me confidential information will
not include: (i) information that is generally and legitimately available to
the public through no fault or breach of yours, (ii) information that is generally
made available to the public by Quicksell4me, (iii) information that is
independently developed by you without the use of any Quicksell4me confidential
information, or (iv) information that was rightfully obtained from a third
party who had the right to transfer or disclose it to you without limitation.
Nondisclosure and Non-use:
Unless otherwise expressly agreed or permitted in writing
by Quicksell4me, you agree not to disclose, publish or disseminate any Quicksell4me
confidential information to anyone other than your employees and contractors
working for the same entity as you and then only to the extent reasonably
required and provided that this agreement does not otherwise prohibit such
disclosure.
If you are required by law, regulation or a valid binding order of a court of
competent jurisdiction to disclose Quicksell4me confidential information, you
may make such disclosure, but only if you have provided Quicksell4me sufficient
notice of such requirement, such that Quicksell4me can seek to limit the
disclosure and/or seek confidential, protective treatment of such information.
So, basically, any communication between Quicksell4me and
the end user is confidential and should not be disclosed.
12. Additions:
Quicksell4me reserves the right, at its discretion, to
modify this agreement, including with new terms, rules, policies, and
conditions (“additional terms”). Any such additional terms are hereby
incorporated into this agreement by this reference and your continued status as
vendor/affiliate and use of the Quicksell4me platform or service will indicate
your acceptance of any additional terms.
13. Representations and Warranties:
You represent and warrant that:
a.
you have read this agreement in its entirety and will abide by its terms
b. you will not, and/or your product(s), sales page(s), and/or marketing or
advertising do not and will not, directly or indirectly:
(i) Violate any applicable laws, regulations, rules, or guidelines, including
those of any Nigerian regulatory body, or any industry standards of the
Nigerian government;
(ii) Disrupt, attack, interfere with, or cause delay or
damage to the Quicksell4me platform or services or any data contained therein;
(iii) Attempt to gain unauthorized access to the Quicksell4me
site, content or services or to any other vendor/affiliate account or
dashboard; or any data contained therein;
(iv) Attempt to:
(a) Withdraw funds from Quicksell4me to which you are not
entitled,
(b) Divert another’s earnings/commissions to your Quicksell4me
account
(c) Have a credit card transaction used in the Quicksell4me
platform without proper authorization of the card holder, or
(d) Engage in fraud in connection with the Quicksell4me platform;
(v) Mirror, duplicate, frame or otherwise copy any
product(s), sales page(s), Quicksell4me content, or portion thereof, or any
part of the Quicksell4me services; or make public any nonpublic portion
thereof;
(vi) Reverse Quicksell4me services, or attempt to derive
its source materials;
(vii) Infringe any rights in any jurisdiction;
(viii) Violate the right of privacy or publicity, or
the moral rights of any person;
(ix) Contain any defamatory, obscene, indecent or otherwise
unlawful material, or otherwise contravene any person’s rights
14. Indemnification:
You agree to indemnify, defend and hold harmless Quicksell4me, its related
parties and affiliates and their respective directors, officers, employees and
agents from and against any and all claims, demands, suits, losses, damages,
costs, fees, and expenses resulting from or arising, directly or indirectly,
out of your negligence, willful misconduct, breach of any provision or
representation or warranty of this agreement, or any violation of any law or
regulation in connection therewith. For the purpose of clarity, such actions
include regulatory enforcement actions. Upon receiving notice of a claim or
action for which Quicksell4me is entitled to indemnification under this
section, Quicksell4me shall:
Promptly notify you in writing of the claim or action
against which indemnification is sought under this section;
Provide you the opportunity to assume the entire defense
and settlement of such claim or action at your cost and expense (provided Quicksell4me
shall have the right to be represented separately by counsel of its own
choosing at its own expense);
Cooperate with you (at your reasonable expense) in the
investigation and defense of such claim or action:
Not settle or compromise such action or claim without your
prior written consent.
Notwithstanding the abovementioned, you are not authorized
to and may not agree to any settlement that involves an admission or finding of
liability or wrongdoing by Quicksell4me or impose any duty or obligation on Quicksell4me.
15. Term and termination:
Quicksell4me may terminate or suspend you as a
vendor/affiliate at any time in its sole discretion. If Quicksell4me terminates
you as a vendor/affiliate, Quicksell4me reserves the right to deny any future
application to participate as a vendor/affiliate at any time. Common reasons
for terminating your account might be, but not limited to, receiving spam
complains, misconduct, violating these terms and conditions, a high refund
and/or chargeback ratios, receiving multiple low ratings and/or poor reviews,
etc.
You may terminate your status as a vendor/affiliate at any
time, for any reason, by notifying Quicksell4me in writing of your intent to do
so. Upon any termination or suspension, all rights granted to you hereunder
will cease, including your right to access the Quicksell4me dashboard, to
create or submit new products to the platform and to earn commissions. Any
earnings or commissions in connection with sales completed as of the time of
your termination will be credited to your bank account. No further sales of
your product(s) will be processed, however, your sales page(s) for any
product(s) will be left accessible, including any purchaser reviews and ratings
and any history as defined herein.
Upon termination, you agree to destroy any and all Quicksell4me
confidential information that is in your possession or control, and to provide
certification of such destruction to Quicksell4me upon request. No refund or
partial refund of any fees paid hereunder or any other fees will be made for
any reason.
16. No warranties are made:
Quicksell4me and its affiliates, subsidiaries, officers,
directors, employees, agents, partners, and licensors (collectively, “Quicksell4me”
for purposes herein) make no promises that the Quicksell4me platform services
or content (including any functionality or features thereof), or any other
information or materials that you receive as a vendor/affiliate (collectively,
the “Quicksell4me services” for purposes of this section) will be accurate,
reliable, timely, secure, error-free or uninterrupted, or that any defects will
be corrected. The Quicksell4me services are provided on an “as-is” and
“as-available” basis and the services are subject to change without notice. Quicksell4me
does not guarantee any results or that it will identify or correct problems or
defects as part of the services, even if it knows of such problems or defects. Quicksell4me
expressly disclaims any liability related thereto. Quicksell4me disclaims all
warranties, express or implied, including any warranties of accuracy,
non-infringement, merchantability and fitness for a particular purpose related
hereto. Quicksell4me disclaims any and all liability for the acts, omissions
and conduct of any third parties in connection with or related to your use of
the Quicksell4me services. You assume total responsibility and all risks for
your use of the Quicksell4me services, including, but not limited to, any
information obtained thereon.
Your sole remedy against Quicksell4me for dissatisfaction
with the Quicksell4me services is to stop using the services. This limitation
of relief is a part of the bargain between the Parties.
17. Disclaimer of liability:
To the extent
not prohibited by law, under no circumstance shall Quicksell4me be liable with
respect to the Quicksell4me services for special, indirect, incidental or
consequential damages, including without limitation, damages resulting from
failure to deliver or delay of delivery of services, or failure of the Quicksell4me
platform or from loss of profits, sales, data, business, opportunity or
goodwill, on any theory of liability, whether arising under tort (including
negligence), contract or otherwise, whether or not Quicksell4me has been
advised of or is aware of the possibility of such damages. If notwithstanding,
any other provisions of this agreement, Quicksell4me is found to be liable to
you for any damage or loss that arises out of or is in any way connected to
your use of the services, Quicksell4me’s entire liability for direct damages
under this agreement shall be limited to ten thousand naira only (N10,000
only).
18. Waiver:
If any provision of this agreement is found to be
unenforceable or invalid, to the extent permissible under applicable law, that
provision shall be limited or eliminated to the minimum extent necessary so
that this agreement shall otherwise remain in full force and effect and
enforceable.
Arbitration
Any dispute arising out of or related to or connected with
any provisions under this Agreement shall be referred to the arbitration of a
single arbitrator to be appointed jointly by the parties.
The arbitration shall be conducted in Lagos in accordance
with the Arbitration and Conciliation Act LFN 2004 or any modification or
re-enactment for the time being in force.
The language of arbitration shall be English. The
arbitration shall be held at Lagos, Nigeria.
The award of the arbitrator or arbitrators as the case may
be shall be final and binding on the parties.
Jurisdiction and Governing law
The obligations, performance, interpretation and contents
shall be governed by Nigerian law.
Notices
All notices and other communication under this Agreement
shall be in writing and in English either delivered by hand or sent by telex,
fax or courier in each case to the addresses set out on the website of Quicksell4me
in the case of Quicksell4me and addressee submitted by vendors/affiliates where
the notice to vendors/affiliates
Entire Agreement
This Agreement embodies the entire agreement and
understanding of the Parties and supersedes any and all other prior and simultaneous
agreements, arrangements and understandings (whether written or oral) between
the Parties with respect to its subject matter.
Assignment
Neither this Agreement nor any part
of it is assignable, transferable, sub-licensable, sub-contractible or
conveyable by Vendor/Affiliate, either by operation of law or otherwise,
without the express, prior, written consent of Quicksell4me signed by an
authorized representative of such Party.
Confidentiality:
Vendor/Affiliate agrees and undertakes to maintain the
confidentiality of the information and user/customer data disclosed, generated
or made available to Vendor/Affiliate under this Agreement.
The said information shall not be used by the Vendor/Affiliate
for any purpose other than for the performance of its obligations under this
Agreement. Vendor agrees that the unauthorized disclosure or use of such
Information would cause irreparable harm and significant injury, the degree of
which may be difficult to ascertain. Accordingly, Vendor/Affiliate agrees that Quicksell4me
shall have the right to obtain an immediate injunction from any court of
competent jurisdiction enjoining breach of this Agreement and/or disclosure of
the Confidential Information. Quicksell4me shall also have the right to pursue
any other rights or remedies available at law or equity for such a breach.
Relationship of Parties
Nothing in this Agreement will be interpreted as creating a
relationship of partnership, joint venture, agency or employment between the
Parties. Quicksell4me shall not be responsible for the acts or omissions of the
Vendor/Affiliate, and Vendor/Affiliate shall not represent neither has any
power or authority to speak for, represent, bind or assume any obligation on
behalf of the Quicksell4me.
Waiver and Amendment
No waiver of any breach of any provision of this Agreement
constitutes a waiver of any prior, concurrent or subsequent breach of the same
or any other provisions, and will not be effective unless made in writing and
signed by an authorized representative of the waiving Party.
We are affiliate platform with over 40000 users