This Agreement sets forth the Standard Terms and Conditions that apply to use of the NIGERIAN WEB HOSTING Affiliate Program. YOUR USE OF THE NIGERIAN WEB HOSTING AFFILIATE SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT.

AFFILIATE PAYMENT
You will receive a Commission for referring clients to NIGERIAN WEB HOSTING for hosting purposes. NIGERIAN WEB HOSTING will pay you a one time flat rate payment regardless of the hosting package chosen by the client.

Payment may be made by PayPal, Money Orders or other means as NIGERIAN WEB HOSTING may desire. Payment will only be made by Money Orders upon your request. If you request the payment to be made by Money Orders, any and all costs of the Money Orders will be deducted from your payment.

Payments shall be made by NIGERIAN WEB HOSTING to Affiliates on a monthly basis. NIGERIAN WEB HOSTING reserves the right to change payment methods at any time, for any reason.

NIGERIAN WEB HOSTING may reverse any commission paid to you, and subtract said commission from future payments to you, if NIGERIAN WEB HOSTING receives a chargeback on a transaction from a client you referred to NIGERIAN WEB HOSTING.

REGISTRATION

To sign up to be an Affiliate and to use the Services as an Affiliate Partner you must be at least 18 years of age. You warrant that the information you provide to us upon registration is complete, valid and honest. Your account may not be transferred or sold to another party.

RELATIONSHIP OF THE PARTIES

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

THE WEB HOSTING SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NIGERIAN WEB HOSTING EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE NIGERIAN WEB HOSTING SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY NIGERIAN WEB HOSTING, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL NIGERIAN WEB HOSTING, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE NIGERIAN WEB HOSTING SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE NIGERIAN WEB HOSTING SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NIGERIAN WEB HOSTING RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT NIGERIAN WEB HOSTING IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM NIGERIAN WEB HOSTING AND ITS AFFILIATES.

UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

COPYRIGHT AND TRADEMARKS

All contents of the NIGERIAN WEB HOSTING Web Site are proprietary to NIGERIAN WEB HOSTING, and/or its suppliers and are protected under Copyright. All rights are reserved. NIGERIAN WEB HOSTING reserves any rights not expressly granted herein.

BREACH

Without limiting other remedies, NIGERIAN WEB HOSTING may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide services to you: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.

ASSIGNMENT

In the event of a merger or consolidation of NIGERIAN WEB HOSTING, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

AFFILIATES RESPONSIBILITIES

NIGERIAN WEB HOSTING operates a zero tolerance spam policy. If you use NIGERIAN WEB HOSTING for spamming purposes, NIGERIAN WEB HOSTING will terminate your membership in the Affiliate program and all of your profits will be forfeited immediately. Further, NIGERIAN WEB HOSTING reserves the right to recover from Affiliate the costs incurred by NIGERIAN WEB HOSTING in cleaning up the results of the "spam".

You may not use misleading advertising in relationship to NIGERIAN WEB HOSTING; doing so may result in the termination of your membership in the Affiliate program.

SUITABILITY and REPRESENTATION

You agree to represent NIGERIAN WEB HOSTING in a tasteful way and declare that you and your web site are acceptable in presentation. If we review your site and find it to be, in our opinion, unsuitable, you will be given the opportunity to rectify the issues or you accept that NIGERIAN WEB HOSTING has the right to terminate your affiliation.

FORCE MAJEURE

If by reason of failures of telecommunications or internet service providers, labor disputes, riots, coups, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of NIGERIAN WEB HOSTING, NIGERIAN WEB HOSTING is unable to perform in whole or in part its obligations as set forth in this Agreement, then NIGERIAN WEB HOSTING shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make NIGERIAN WEB HOSTING liable to the User.

GOVERNING LAW

International law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the International Court.

ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by non-binding arbitration before the International Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.

WAIVER

The failure of NIGERIAN WEB HOSTING to enforce a provision of this Agreement shall not be construed as a waiver of limitation of NIGERIAN WEB HOSTING's right to strictly enforce and compel strict compliance with every provision of this Agreement.

SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

ENTIRE AGREEMENT

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto, including previous agreements between the parties through other avenues.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless NIGERIAN WEB HOSTING against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of this Agreement or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with NIGERIAN WEB HOSTING.

SURVIVAL

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely ownership, confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

MODIFICATIONS

NIGERIAN WEB HOSTING reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the NIGERIAN WEB HOSTING Web Site. You are responsible for regularly reviewing the Web Site for any changes or modifications. Your continued use of the Services after any such changes shall constitute your consent to such changes. NIGERIAN WEB HOSTING does not and will not assume any obligation to notify you of any changes to the terms of the Agreement. Furthermore, NIGERIAN WEB HOSTING may add to, change, suspend or discontinue any and all aspects of the Service at any time, with no prior notice necessary and without owing anything further.