INTRODUCTION

PressOne is a voice communication platform run by PressOne Africa Limited for the next generation of customer-centric entrepreneurs, providing control and visibility over all customer communication and engagement via voice channels to business communities, start-ups, and corporate and non-profit organizations.

This Agreement (the “Agreement”) is a legal agreement between you (an entity or person) (“You”) and PressOne Africa, a service under Deistech Solutions Limited, that governs Your limited, non-exclusive, terminable right to resell the PressOne Service.

By clicking on the “Accept” button, you agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK ACCEPT.

PressOne Africa will review this Agreement bi-annually. All amended terms automatically take effect 10 days after they are initially posted on the Site. Your use of the Site following the effective date of any modifications to this agreement will constitute Your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate.

 

PARTNERSHIP PARTICIPATION

• You agree to participate in the Company’s Affiliate Program and promote the Company’s products/services by the terms and conditions outlined in this Agreement.
• PressOne Africa reserves the right to accept or reject your application at its sole discretion.

 

OBLIGATIONS AND RESPONSIBILITIES

• PressOne will provide its products and services to you at a price discount of ten percent (10%).
• PressOne will provide all necessary warranties and technical support for the products and services provided to You.
• You agree to provide PressOne’s products and services to your clientele network.
• You agree to partake in marketing and sales activities to promote said offerings across your sales channels.
• Each Party shall solely bear its costs in its contribution to the mutually beneficial relationship with no expectation of financial assistance or obligations from the other party.
• All expenses incurred in the course of the partnership and all losses, if any, arising therefrom shall be borne individually by the Parties.

 

COMMISSION LEVELS/TERMS

PressOne agrees to pay you a commission from the subscription revenue for each valid sale generated through the Affiliate’s unique referral link; Please note that the commission term is subject to the customer lifespan.

 

Entry Level Affiliate (1-499 Customers)

• Year 1- 15% Commission
• Year 2- 5% Commission

 

Super Affiliate (500 and above active customers in any consecutive 24 months)

• Year 1- 20%
• Year 2- 5%
• Year 3- 1%
• Year 4- 1%
• Year 5- 1%

 

Super Affiliate (500 and above active customers in any consecutive 24 months)

• Year 1- 25%
• Year 2- 10%
• Year 3- 1%
• Customer subscription lifespan- 1%

 

PAYMENT TERMS

Deistech Solutions Limited shall make a monthly payment of all commissions accrued within that month.

 

TRACKING AND REPORTING

• PressOne Africa will provide you with unique tracking links to track the sales generated through your efforts.
• You shall have access to a secure online portal for tracking and reporting purposes.

 

CONFIDENTIALITY

• You agree to keep confidential any proprietary information or trade secrets provided by PressOne Africa.
• Confidentiality obligations shall survive the termination of this Agreement.

 

INTELLECTUAL PROPERTY

Each Partner will retain its right, title and interest in its respective trademarks, service marks and trade names as well as rights in respect of any patent, copyright, trade secrets or other intellectual property used during the performance of this Agreement. Both Parties recognise that except as otherwise expressly provided herein or agreed between the Parties, they shall have no right, title, interest or claim over the others’ intellectual property.

 

DETERMINATION OF PARTNERSHIP 

Except as expressly permitted in this Agreement, or as otherwise unanimously agreed to in writing by the Partners, no Partner may sell, assign, convey, transfer or otherwise encumber all or any part of its obligations under this Partnership.

 

TERMINATION

This Agreement may be terminated: 

• by either Party, by giving at least ten (10) days’ written notice of its intention to terminate to the other Party.
• If either Party commits a breach of any of the provisions of this Agreement, the other Party shall, without prejudice to other rights and remedies available, have the right to terminate this Agreement by serving the defaulting Party immediate notice in writing, specifying the nature of the default and the intention to terminate, unless such default is cured by the defaulting Party within ten (10) days of receiving the notice. 

Termination of this Agreement shall not: 

1. release a Party from any liability or payment which existed at the time of termination of the Agreement; and
2. affect the limitation of liability, governing law, intellectual property, data protection, confidentiality obligations, and dispute resolution clauses under this Agreement which shall survive the termination of this Agreement. 

 

GENERAL

 

Dispute Resolution

In the event of any dispute arising out of or in connection with this Agreement, the parties agree to first attempt to resolve the dispute amicably through good faith negotiations.

 

If the dispute cannot be resolved through negotiation within 30 days of written notice from one party to the other, then the dispute shall be finally settled by binding arbitration and either Party may initiate such arbitration by giving notice to the other Party.

 

The proceedings of the arbitration shall be governed by the provisions of the Arbitration and Conciliation Act (Cap A18) Laws of the Federation of Nigeria (including any amendments to the same). The decision of the arbitrator(s) shall be final and binding upon both parties.

 

Governing Law

The validity, interpretation and any disputes arising from this Agreement shall be governed exclusively by the laws of the Federal Republic of Nigeria.

 

Severability

The invalidity or unenforceability of any particular provision of this Agreement shall not affect any other provision hereof, but this Agreement shall be construed and enforced as if such invalid or unenforceable provision was omitted.

 

Amendments

No amendment, alteration, change, qualification or modification of this Agreement shall be valid unless it is in writing and any such amendment, alteration, change, qualification or modification shall be adhered to and have the same effect as if they had been originally embodied in and formed a part of this Agreement.

 

Further Assurances

The Partners hereto, and each of them, covenant and agree that each of them shall and will, upon reasonable request of the other Partner, make, do, execute or cause to be made, done or executed all such further and other lawful acts, deeds, things, devices and assurances whatsoever for the better or more perfect and absolute performance of the terms and conditions of this Agreement.

 

Force Majeure

Neither party shall be liable for nor deemed to be in breach of any of its obligations under this Agreement where such failure to perform its obligations is as a result of war, accidents, fires, explosions, flood, earthquake, civil or military authority, civil unrest, acts of God, strikes and any other causes beyond the reasonable control of either party. Either party shall notify the other not later than twenty-four (24) hours of the occurrence of an event of Force Majeure.

The party affected by the Force Majeure shall do what is reasonable in the circumstances to avoid or remove the causes of the Force Majeure and shall continue the performance of its obligations under this Agreement, provided that either party shall be at liberty to terminate this Agreement forthwith where the event of Force Majeure continues for three (3) weeks.