Terms and Conditions: Buyer, Vendor and Affiliate Agreement
Greetings from Earnac! Earnac offers the best online marketplace for high demand digital product hosting, marketing, advertising, and sales. Earnac offers a marketplace where only superior goods will be offered for sale.
This is a binding contract that you and Earnac Limited have signed.
The conditions of your involvement as a buyer or registered vendor/affiliate in the Earnac marketplace are outlined in this agreement.
Please read the Earnac agreement (“agreement”) before completing it. By clicking “agree” when registering as a seller or affiliate on the Earnac marketplace, you agree to the terms of this agreement. If you do not agree to any of the terms contained in this agreement, you are not allowed to register on the Earnac marketplace, become a vendor or affiliate, buy any products from the Earnac marketplace, offer any products for sale through the Earnac marketplace, or get commissions for product promotion.
Earnac retains the right to modify this agreement at any moment by posting updates online. You acknowledge that as soon as we publish the revised version, it will be effective. If there are any major changes in the new edition, we will post a notice on our website at least thirty (30) days before we apply the changes.
1. Buyer benefits.
Access to the Marketplace: As a buyer, you will appreciate the ease of use and simplicity of Earnac’s excellent product marketplace. Earnac guarantees all purchases with a money-back guarantee for thirty days. If the goods you ordered is different from what you received or if the contents don’t match the description on the sales page, you can return it for a refund within 30 days.
1a) Vendor/Affiliate Benefits.
Marketplace Access:As a vendor or affiliate, you, your affiliates, and your clients will be able to enjoy the incomparable benefits, ease of use, and extensive marketing, hosting, advertising, sales, and tracking (the “marketplace”) that Earnac offers.
Services: In addition, Earnac might provide other services (hence referred to as “services”), some of which might be optional and/or require extra money. These services are covered in more detail below and on the Earnac website or vendor web pages (together, the “site”). Advertising services (such as highlighted listings and market “bumps”), improved marketing services (such as split testing, tracking, and reporting), improved product placement, and more are examples of services that could be provided. Earnac retains the exclusive right, at any time, to add, remove, modify, suspend, or stop offering you access to the marketplace, services, and/or site. It also has the right to limit the features and materials that are offered, or to prevent you from using the marketplace, services, and/or site in whole or in part, without prior notice or liability.
Other benefits: Earnac might provide a few further advantages. You might be able to attend live events, conferences, seminars, technical workshops, and/or other events (including webcasts or live broadcasts of these events, or recordings of them) as a vendor or affiliate (“Earnac events”).
Earnac events might be available to the general public or just vendors and affiliates, with free or paid admission. At its sole discretion, Earnac will make an effort to offer its suppliers and affiliates unique sessions, discounted admissions, speaking opportunities, or other possibilities. In other words, while some Earnac products, perks, and services are offered without charge, others may have an additional cost, and Earnac reserves the right to add, delete, or modify them at any time.
2. Using Earnac
You acknowledge and agree that Earnac and the Earnac marketplace are private communities, and Earnac retains the right, in its sole discretion, to accept or reject vendors and affiliates, as well as to give or refuse service to any buyer or user.
a. Becoming a User/Buyer
In general, anyone may buy things from Earnac as long as they abide by these rules. Purchases will require working phone numbers and email addresses. Earnac maintains the right to deny service to anyone who requests refunds, providing Earnac with sufficient information,
explanation, or frequently (referred to as “serial refunders”). Customers may be labeled as serial refunders and denied access to other services if they routinely or regularly request refunds on numerous things they have purchased, especially if those products have been evaluated and received positive ratings. Furthermore, Earnac offers a straightforward way for customers to obtain refunds for their purchases within the permitted money-back window. In the event that a buyer disregards Earnac’s approved procedures and the agreed-upon return time, Earnac retains the right to permanently bar the buyer from using Earnac or the Earnac marketplace as a vendor, affiliate, or buyer. This noncompliance will be interpreted as a waiver. In the case where a particular product is not covered by the Earnac 30-Day Money Back Guarantee, Earnac will notify the potential buyer by putting a message on the sales/order page of the product.
b. Becoming a Vendor/Affiliate
You acknowledge that Earnac and the Earnac marketplace are private communities, and Earnac retains the right, at its sole discretion, to accept or reject merchants and affiliates. In order to gain access to the Earnac marketplace as a vendor or affiliate, you need to fill out an application, register, and pay the necessary fees. In order for Earnac to decide whether you are suitable and meet the requirements to become a vendor or affiliate, you will need to supply us with information. You must be at least eighteen years old, use your true name, and submit current, accurate, and verified contact information in order to be eligible. In order for Earnac to reject your application, it must not have previously banned or refused to provide service to you.
You acknowledge that you will only ever give accurate information and that you will always keep it up to date. Inaccurate information you give Earnac could cause processing delays for your application and possibly prevent Earnac from paying you. Your application will be denied if the information you submit is false or cannot be confirmed. Any new application or existing account may be rejected and/or cancelled by Earnac at any time, for any reason, at its sole discretion, and without explanation. In addition to what is already stated in this clause, if it is found that false or misleading information is provided, Earnac 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:
To begin earning a commission on a specific product, you must accept these terms and conditions and, in certain situations, be approved by the vendor before you can promote the product and receive payment for your efforts. In other words, to become a vendor or affiliate on Earnac, you must fill out your application and profile form with accurate and complete information and pay the registration fee. Earnac reserves the right to refuse applications and/or terminate member accounts at any time for any reason. Any false or inaccurate information will automatically disqualify you from earning commissions.
3. Vendors: Selling your products
Content: As a vendor under this agreement, you may list one or more goods on the Earnac marketplace for sale. Any type of digital content (written, audio, video, etc.) that is appropriate for your products may be included in the products (“Content”). Content and items offered digitally must be appropriate for digital distribution.
Earnac sells the sellers’ goods as a reseller. In other words, rather than purchasing directly from the seller, customers are actually purchasing from Earnac. All rights and obligations with regard to your products will remain with you, save as stated in this paragraph.
As a vendor, you acknowledge that Earnac will review your products or content for completeness, accuracy, quality, marketability, and other factors. If your products don’t match what is truly advertised on your sales page, Earnac reserves the right to remove them from the marketplace.
Earnac retains the right, at its sole discretion, to reject any product or products for any reason or for no reason at all. Furthermore, it is very advantageous for you to guarantee the caliber of your product or products. Potential customers of your product(s) will be able to access and/or clearly see customer reviews and/or ratings for each product in the marketplace.
(i) Allowed product(s):
Earnac prohibits the submission of any product(s) or content that are pornographic or offensive in any way, or that relate to multi-level marketing (MLM), pyramid schemes, or any other illegal activity. You also agree not to submit any content that contains any illegal material, including but not limited to content that infringes upon the copyrights, trademarks, trade dress, trade secrets, rights of publicity, privacy, or other rights, such as moral rights or rights of attribution. Without providing you with any notice or payment, Earnac explicitly reserves the right to remove any such goods, content, or materials from the marketplace in the exercise of its unrestricted discretion. You agree that any advertising or other fees paid in connection with products, content, or other material that is removed from the marketplace will not be refunded.
You further agree that you remain fully responsible for any damages to Earnac and to its customers that result from your submission to, or inclusion of such products, content, or material in the marketplace.
To be included in the Earnac marketplace, 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. Earnac reserves the right to refuse to accept any product or to remove any product that it deems to lack sufficient originality. You must have all required rights, including copyrights to all content in your product(s) to allow Earnac to sell the product. 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 Earnac a limited license to resell your products, and process all payments in connection therewith. Earnac shall pay you in accordance with the payment provisions herein. Where you fail to ensure compliance with any of the above the failure of Earnac to request at the time of submission shall not limit your liability in any way.
(ii) Pricing of Product(s):
Only sellers, and only within the minimum and/or maximum price ranges (“price limits”) defined by Earnac, may determine the price (“sales price”) for their own goods. By submitting a product to the Earnac marketplace, you, as the vendor, undertake not to try to price it higher than the price caps that were in effect at the time of submission. Earnac will prominently display its existing price limitations on the website. Currently, the “lower price limit” is N5000 and the “upper price limit” is N500,000 for any product offered for sale in the marketplace.Nonetheless, Earnac clearly states that it retains the authority to choose the “upper price limit” for the marketplace as a whole or for any individual vendor. At Earnac’s discretion, vendors with more impressive track records in the marketplace (such as lower refund rates, better buyer evaluations, higher ratings, longevity, etc.) might be given more freedom to set their own prices for their goods. You acknowledge that, unless Earnac has specifically informed you in writing, you, as a vendor, are subject to the pricing limitations mentioned above. Every request for an increase in the price limit will be considered individually by Earnac, which retains the final say over whether to approve or reject the request Not withstanding the foregoing price limits, Earnac 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 Earnac’s direct review (“price review”) which may include consideration of the vendor’s history in the marketplace, 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 Earnac chooses. After such price review, Earnac’s decision as to whether to raise the upper price limit in any instance shall be final and made in its sole discretion. If Earnac chooses not to raise the price limit for a given product, the vendor agrees that the product shall be offered in the marketplace at a sales price below the upper price limit. Earnac 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 Earnac marketplace 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 Earnac marketplace on the vendor’s website, the vendor must inform Earnac to update the price on the Earnac website as well.
Earnac 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 Earnac
Earnac 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 to the product(s) and content to allow Earnac 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 Earnac.
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 Earnac.
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 Earnac with copies of any document required by Earnac 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 Vendorthe 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 Earnac 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 Earnac, 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 Earnac shall also include the Mobile Operators and such other agencies through whom Expertnare 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 of Earnac to perform its obligations under this Agreement.
This article shall survive the termination or expiration of this Agreement
Earnac 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, infringing/ 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 Earnac online store (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold the Company harmless and indemnified against all such claims and damages.
Further Earnac 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 Earnac is merely a facilitator for sale of the Vendor’s Product, hence Earnac 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
You will have the chance to market and earn commissions on a broad range of digital products provided by the cutting-edge Earnac marketplace as an affiliate. As previously said, our suppliers supply the goods that are offered through the EarnacEarnac marketplace for Earnac to sell
You evaluate and choose which product(s) to promote:
It is entirely your responsibility as an affiliate to assess and choose the vendor(s) and product(s) you want to promote or advertise. Earnac uses a special evaluation mechanism to try to keep its products at the best possible quality in the market. In contrast to other markets where items are left up to speculation and lack reviews.
You acknowledge and agree, however, that Earnac is not liable for any product’s correctness, quality, usefulness, or any other aspect, nor for any additional products.
You acknowledge and agree that, regardless of whether your marketing or advertising efforts result in sales or not, you are solely responsible for any expenditures related to marketing, advertising, or mailing, including any marketing materials you choose to generate. Additionally, you are solely responsible for the content of your marketing and advertising efforts and any liabilities stemming from them. Earnac does not offer legal advice or evaluation of your advertisements.
Use only respectful promotion practices:
By using marketing or advertising materials, you agree not to use any illegal content, including but not limited to content that infringes upon another party’s copyrights, trademarks, trade dress, trade secrets, right of publicity, privacy, or other rights, such as moral rights or the right of attribution, or that is defamatory.
Additionally, you commit to accurately representing the product(s) in your promotions and/or marketing, without inflating or hyping its features, benefits, or contents. You must represent the product(s) in a truthful manner.
You additionally consent to refrain from using any illegal marketing or advertising techniques in relation to products in the Earnac marketplace, such as unsolicited email or SMS, false or misleading advertisements, or any advertisement that makes any unlawful claims about earnings or other product aspects, or that otherwise contravenes any law or regulation.
You acknowledge and consent that any statements made in your marketing and advertising regarding your identity as Earnac, your representation of Earnac, your endorsement of Earnac, or your ownership of the product will be viewed as impersonation. Except as specifically authorized, your marketing and advertising will not use or make use of the Earnac content (as defined above).
You acknowledge and agree that by using your marketing and advertising to promote a product, you will not in any manner personalize the vendor or imply that you are the vendor. Earnac reserves the right to cancel your affiliate account and take any commissions you have in your affiliate balance without providing you with any prior notice if it is discovered that you have misled customers by using the name(s) of the vendor as your own.
Earnac forbids the promotion, marketing, or advertising of any goods or the use of pornographic advertisements, pyramid schemes, or multi-level marketing (MLM). Advertising for products on the Earnac marketplace may not be combined with advertising for any other kind of non-permitted product, including products that are not listed on the Earnac marketplace.
You consent to refrain from making any claims or statements—other than those made directly through the Earnac marketplace—about the product or the duration of the refund policy. It is strictly forbidden to grant, claim, or imply any additional guarantee or warranty in marketing or advertising. If an affiliate violates this clause, Earnac has the right to terminate them, and the affiliate will be fully liable for all liabilities arising from such representation.
You acknowledge that in order for Earnac to appropriately account for affiliate commissions, it will track purchases using commercially reasonable methods. When appropriate, cookies, tracking codes, and/or other technical tools will be employed. Any sale that results from a potential buyer viewing and/or responding to your advertisement—which contains your Earnac affiliate information—will be credited to your account. Earnac forbids clickjacking, cookie stuffing, and other technological methods that modify a visitor’s cookies in any manner in order to get commissions or credit for transactions that you would not otherwise be eligible for. Earnac maintains the right to choose the recipient of an affiliate commission for any given
sale. Earnac also reserves the right to terminate, without notice, any affiliate who in Earnac’s sole determination, has unacceptably manipulated the tracking of purchases or commissions.
So, basically vendors (and Earnac) can block affiliates with a large history of refunded transactions, 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 Earnac.
It’s your responsibility to select the right products to promote from our marketplace. Earnac 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
Affiliates will get a fee for any sales arising from their marketing and advertising efforts, calculated as a percentage of the product’s sales price (referred to as the “affiliate commission”), in exchange for their efforts in promoting and advertising the products offered in the Earnac marketplace.
For every product or products, a vendor can set the affiliate commission between 25% and 95%. The following payment methods will be made from each product’s sales proceeds: The affiliate commission will also be determined by the gross sales price, after earnac fees have been subtracted. The product vendor will receive any money left over after Earnac fees and affiliate income are deducted.
Earnac 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 earnings fees are paid to the vendor.
Earnac uses a smart tracking system to track affiliate commissions.
6. Secure vendor/affiliate access and communication
Following your registration, you will receive an Earnac ID and password that you can use to log in and access the vendor and affiliate resources (such as adding new products, obtaining affiliate links, and reviewing sales and other historical data). You may not, under any circumstances or with anybody, share or transmit your login credentials, secure password, or access to the Earnac system, unless otherwise approved or authorized in writing by Earnac. It is entirely your responsibility to keep your Earnac ID and password private, as well as any activity related to your account.
In order for Earnac to contact you via emails, phone calls, and SMS, it is also your obligation to maintain your primary email address and phone number current. You acknowledge and agree that in the event that Earnac sends you an electronic communication and you are unable to receive it due to incorrect, outdated, full, or directed email addresses, spam filters, or other reasons, the electronic communication will be considered as having been provided to you.
You can access your Earnac vendor dashboard at any time to change your primary email address or other contact details. In the event that emails from Earnac are returned due to an invalid email address, we reserve the right to terminate your account and stop or halt your status as a vendor or affiliate until we obtain a functioning 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 Earnac.
7. Sales pages and promotional material.
Contents of sales pages:
The product sales page, or “sales page,” is the vendor’s responsibility. As the vendor, you consent to submitting all content to Earnac in the format(s) that Earnac deems appropriate or necessary, as well as to uploading said content to your vendor dashboard in the appropriate format(s). You do not have the authority to directly view or modify any sales page as a vendor
Hosting:
You understand and agree that the sales page (“sales page”) promoting the content and/or products on the marketplace will be hosted by Earnac on Earnac’s servers.
Earnac is responsible for making the marketplace’s sales pages accessible online and for using commercially reasonable measures to keep those pages up and running for the general public. But there are no uptime assurances given. Earnac does not own or control the internet, and as such, it will not be liable or responsible for any periods of time during which the marketplace or particular sale pages are unavailable (referred to as “downtime”). This includes times when Earnac’s error or negligence causes the downtime, as well as times when it interferes with your marketing and/or advertising efforts, product sales, or commissions.
Claims on sales pages or promotions:
Earnac strictly forbids making any false or misleading claims in product(s), sales pages, or advertisements, including your sales copy or other marketing or advertising materials related to product(s) on the Earnac marketplace, including affiliate advertising materials. This applies whether you are acting as a vendor or affiliate for a product.
You may not, and you agree not to:
Make any unsupported, misleading, or false claim about any content, product, or results that it can produce.
Add any untrue or deceptive endorsement, recommendation, or testimonial. If you are an affiliate marketing a product, do not reveal any significant relationships between the product supplier and any endorsers you have or are an affiliate selling a product. It is imperative that you reveal whether any product reviewer or endorser received payment.
Neglect to incorporate any disclaimer or statement that is required to substantiate your claims or prevent deceptive or false advertising. Provide any advice or unsubstantiated statements on normal income or earnings that a buyer should anticipate or is expected to make.
8. Signup fees, pay-outs and refunds, and product refund policy:
As a vendor, you agree that once placed in the Earnac marketplace, sales of your product will be subject to a 30-day money-back guarantee from Earnac.
Consistent with Earnac’s guarantee, purchasers are entitled to a 30-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 marketplace.
Earnac may occasionally and at its sole discretion decide to grant a refund beyond the product money-back guarantee period.
Payment processing and signup fees:
In order to support the marketplace, Earnac will establish connections with other businesses, such as banks, to handle payment processing for all product purchases made via the Earnac marketplace. You hereby specifically authorize Earnac to sell your goods and handle payments resulting from the sale of your product(s) on the market, and you agree to reimburse Earnac for its services by paying the designated transaction or processing fees (hereinafter, “Earnac fees”). At this time, the Earnac fees are as follows
For affiliates:
All affiliates are required to register on Earnac with $10. This sum of $10 is a yearly, non-refundable fee for affiliate maintenance paid to Earnac. Earnac has the rights to debit each affiliate of this sum once in a year.
For vendors:
All vendors are required to register on Earnac with $20 to start selling their products. This is a yearly, non-refundable fee. Earnac has the rights to debit each vendor of this sum once in a year, plus Earnac will also charge a commission of 10% per sale on all vendor products, these Earnac 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 a week, and vendors can withdraw their commissions every week after a proper track of sales
Currently, affiliates and vendors can receive payments via any Nigerian bank account, and Earnac is constantly working to offer new payment methods. Affiliates must have a minimum of $10 in their Earnac balance to qualify for a weekly payment.
Affiliate first-sale exception:
Affiliates that recommend products won’t get paid a commission on the very first sale. By doing this, the temptation for affiliate “fraud” is eliminated, in which an affiliate manipulates the system to obtain an instant discount (in the form of their affiliate commission) by making a purchase using their own affiliate link. Professional affiliates who offer a respectable service to both their own clients and the vendors in addition to Earnac are what Earnac is looking for. Affiliate commissions will be recorded normally as of the second sale. You should not sign up as an affiliate if you think that you will only make one sale for each product you push.
However, Earnac retains the right to keep credits for longer than the typical 10-day period in the event of any unexpected activity, a spike in transaction volume, or a single transaction setting off our security filters. This is subject to Earnac’s manual review of the account’s recent activity. This usually only takes a few days, but Earnac maintains the authority to judiciously prolong the reserve period for as long as it takes to satisfactorily address its concerns over anomalous behavior.
Earnac endeavors to keep its reserves/holdback of processed payments as low as possible and to generally release funds to vendors/affiliates within 10 days of the sale.
However, Earnac retains the right to store the credits for longer than the typical 10-day period until a system administrator manually looks into the account’s recent activity in the event of any unexpected activity, a spike in transaction volume, or any specific transaction setting off our security checks. Usually, a few days should be enough for this.
Fraud investigation reserve period:
Earnac retains the right to demand a fraud inquiry if it or one of its payment processors learns of real or suspected fraud in connection with any purchase, or series of purchases, connected to your account. All profits and commissions, whether or not they are related to the actual or suspected fraud, may be involuntarily withheld during the course of the investigation if one of these is necessary. Based on its risk assessment, Earnac will take comercially reasonable measures to have the fewest possible profits or commissions held. Such fraud could have anything to do with traffic, tracking, debit cards, or another source.
The vendor or affiliate might be contacted for more information if a fraud inquiry is opened. You consent to provide reasonable assistance with any such fraud investigation. The investigation’s findings will be communicated to you, and you’ll receive a comprehensive accounting detailing your account and any outstanding earnings or commissions.
It should not be assumed that Earnac suspects any vendor or affiliate of fraud if there is real or suspected fraudulent behavior linked to one or more otherwise creditable or commission-earning sales. There are many online scams, including those using phony debit cards, stolen debit cards, and other fraudulent behavior, which may not be related to the affiliate or seller. However, you acknowledge and accept that in the event that Earnac is not paid, you will not be compensated for a sale that would otherwise be creditable or generate a commission. Additionally, Earnac shall abide by all legal regulations and notify the proper authorities of any such acts. Earnac will take all appropriate legal action against a vendor or affiliate if it is thought that they are directly or indirectly involved in fraudulent activity or attempted fraud in relation to the Earnac marketplace. Under such situations, you acknowledge and agree that Earnac may utilize any balance in your account to cover all or part of its costs, including legal fees and charges, in connection with the investigation and any subsequent action.
Affiliates signup and maintenance fee: $10/year
Vendors signup and maintenance fee: $20/year
Plus Earnac 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 Earnac:
You acknowledge and accept that there is no formal partnership, joint venture, or agency arrangement formed between you and Earnac as a result of being a vendor or affiliate. Earnac and you are not partners, joint venturers, agents, or in any other capacity able to bind or oblige the other. You are not allowed to say differently. It is understood by you, the vendor, that by placing your product(s) or material in the marketplace, Earnac is able to sell it. Earnac is merely a distributor of your product(s) or content, a licensee at most.
10. Intellectual property:
The Earnac marketplace, website, and material (referred to as “Earnac content”) are safeguarded by copyright and other intellectual property laws. Except as specifically stated here, Earnac maintains all ownership, rights, and interests in and to the Earnac content. No additional rights or licenses are given or presumed under any Earnac intellectual property, including the technology pertaining to the Earnac marketplace and services. Earnac is the sole owner of all technology and material produced using or derived from any of the aforementioned.
You acknowledge that you have read and understand all of the licensing information, notices, and restrictions included here. You may not alter, publish, network, rent, lease, loan, transmit, sell, take part in the transfer or sale of, reproduce, make derivative works based on, redistribute, perform, display, or in any way exploit any of the aforementioned, in whole or in part, unless specifically allowed herein or otherwise permitted in a separate agreement with Earnac.
“Earnac,” “Earnac marketplace,” and any other emblems associated with the Earnac offerings Therefore, without Earnac’s previous written approval, you are not permitted to copy, imitate, or use them. All page designs, headers, unique visuals, button icons, and scripts are owned by Earnac and are used as service marks, trademarks, or trade dress. Without our prior written approval, you are not permitted to reproduce, mimic, or use them.
Without requiring prior written approval, Earnac may provide you with HTML logos, advertisements, and other affiliate content, tools, or programs (collectively, “marketing materials”) to use in order to drive traffic to the Earnac marketplace, services, or particular product sales pages. These marketing materials may not be altered, modified, or changed in any way. They may also not be used for commentary or in any other way that disparages Earnac or the industry. You are not permitted to use them or display them in any way that suggests Earnac is endorsing or sponsoring them.
The Earnac marketplace, content, and services do not permit you to decompile, reverse engineer, disassemble, or try to obtain the source code of any software or security components. You pledge not to violate, tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, or technological protection measures, or to engage in any other illegal activity. You also agree not to allow others to engage in any illegal activity through your status as a vendor or affiliate or your access to Earnac systems, marketplace, content, or services. You consent to using the Earnac services, content, and marketplace exclusively for vendored uses. You further agree not to exploit the Earnac marketplace, content, or services provided to you as a vendor/affiliate in any unvendorized way, including but not limited to, by trespass, or burdening network capacity.
So, basically Earnac 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 details or information about Earnac, the Earnac marketplace, or the services disclosed by Earnac to you in connection with the marketplace or services or your role as a vendor/affiliate will be considered and referred to as “Earnac confidential information”. notwithstanding the foregoing, Earnac 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 Earnac, (iii) information that is independently developed by you without the use of any Earnac 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 Earnac, you agree not to disclose, publish, or disseminate any Earnac 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 Earnac confidential information, you may make such disclosure, but only if you have provided Earnac ample notice of such requirement, such that Earnac can seek to limit the disclosure and/or seek confidential, protective treatment of such information.
So, basically, any communication between Earnac and the end user is confidential and should not be disclosed.
12. Additions:
Earnac 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 Earnac marketplace 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 Earnac marketplace or services or any data contained therein;
(iii) attempt to gain unvendorized access to the Earnac 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 Earnac to which you are not entitled,
(b) divert another’s earnings/commissions to your Earnac account
(c) have a credit card transaction used in the Earnac marketplace without proper vendorization of the card holder, or
(d) engage in fraud in connection with the Earnac marketplace;
(v) mirror, duplicate, iframe or otherwise copy any product(s), sales page(s), Earnac content, or portion thereof, or any part of the Earnac services; or make public any nonpublic portion thereof;
(vi) reverse engineer the Earnac 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 Earnac, 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 Earnac is entitled to indemnification under this section, Earnac 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 Earnac 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 foregoing, you are not vendorized to and may not agree to any settlement that involves an admission or finding of liability or wrongdoing by Earnac or imposes any duty or obligation on Earnac.
15. Term and termination:
As a vendor or affiliate, Earnac retains the right, at its sole discretion, to terminate or suspend your account. In the event that Earnac terminates your relationship as a vendor or affiliate, Earnac has the right to reject any applications you submit in the future to be a vendor or affiliate. Getting numerous low ratings and/or negative reviews, being the subject of spam complaints, misbehavior, breaking these terms and conditions, having a high refund and/or chargeback ratio, and so on are some common grounds for canceling your account.
You may discontinue your affiliation or vendor status at any time, for any reason, by sending written notice of your intention to do so to Earnac. All rights provided to you under this agreement will end upon termination or suspension, including the ability to access the Earnac dashboard, produce new goods or submit existing ones to the marketplace, and get commissions. Your bank account will be credited with any profits or commissions related to sales that have been completed as of the date of your termination. No more sales of your product(s) will be handled, but your sales page(s) will remain available for any product(s), along with any ratings and reviews from customers and any history as specified above.
Upon termination, you agree to destroy any and all Earnac confidential information that is in your possession or control, and to provide certification of such destruction to Earnac 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:
As a vendor or affiliate, you may receive information or materials from Earnac and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors (collectively, “Earnac” for the purposes of this section). However, neither Earnac nor any of these parties guarantees that the Earnac marketplace, services, or content (including any functionality or features thereof) will be accurate, dependable, timely, secure, error-free, or uninterrupted, nor that any defects will be corrected. The Earnac services are offered “as-is” and “as available,” and they are liable to change at any time. Even if it is aware of issues or flaws in the services, Earnac makes no guarantees about outcomes or its ability to find or fix them. Earnac specifically disclaims all liability in connection with it. All warranties, whether expressed or implied, are hereby disclaimed by Earnac, including any warranties of merchantability, accuracy, non-infringement, and fitness for a particular purpose. Regarding or relating to your use of the Earnac services, Earnac disclaims all liability for the deeds, conduct, and omissions of any third parties. When using the Earnac services, you accept full responsibility and all associated risks, including any liability for any information you may get from them.
Your sole remedy against Earnac for dissatisfaction with the Earnac services is to stop using the services. This limitation of relief is a part of the bargain between the Parties.
17. Disclaimer of liability:
Except as may be required by law, under no circumstances will Earnac be liable for any special, indirect, incidental, or consequential damages with respect to the Earnac services, including without limitation damages resulting from failure of the Earnac marketplace, failure to deliver services, or loss of profits, sales, data, business, opportunity, or goodwill, on any theory of liability, whether arising under contract, tort (including negligence), or otherwise. This is true whether or not Earnac has been advised of or is aware of the possibility of such damages. In the event that, in addition to anything else in this agreement, Earnac 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, Earnac’s entire liability for direct damages under this agreement shall be limited to $10 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.
Notices
All notices and other communication under this Agreement shall be in writing and in English and either delivered by hand or sent by telex, fax or courier in each case to the addresses set out on the website of Earnac in the case of Earnac 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 contemporaneous 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, subcontractable or conveyable by Vendor/Affiliate, either by operation of law or otherwise, without the express, prior, written consent of Earnac 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 Earnac 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. Earnac 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 construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. Earnac 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 Earnac.
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.
