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Contact Info
198 West 21th Street, Suite 721
New York, NY 10010
+88 (0) 101 0000 000
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Terms of Service

Terms of Service

By signing up for an account on Traction Apps as a partner on our websites and/or services, you are deemed an affiliate and agree to these Affiliate Terms of Service (the “Agreement”).

About us

Traction (“we”, “us” or “our”) is an online retail management and payment acceptance gateway that makes it easy for merchants to accept credit and debit card payments online from users or customers. Merchants can receive payments from their customers via transfers, USSD, cards, direct debit etc. These funds will be settled into the merchant’s account at an agreed time less an agreed transaction fee.

We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not endorse, have control or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any user’s identity and cannot ensure that a buyer or seller will complete a transaction.

  1. Appointment of affiliate 

Subject to the terms of this Agreement, the affiliate is hereby appointed an independent affiliate  with limited authority to solicit, on behalf of Traction apps, Merchants for Traction Apps. Such solicitation may occur in person, online, or through any other method that meets the requirements of this Agreement and which has been agreed to in advance by Traction Apps. 

  1. Scope of affiliate relationship
    1. The parties acknowledge and agree that the affiliate relationship established by this Agreement is for the purpose of getting more merchants  for the deployment of POS terminals.
    2. Any transaction entered on behalf of Traction Apps not expressly referred to in this agreement and done with the consent of Traction Apps shall in no way be binding on Traction Apps.
    3. Affiliates are hereby prohibited from representing Traction Apps in any manner or any account not associated with this agreement.
    4. Affiliates acknowledge and agree that the relationship arising from this Agreement does not constitute or create a general agency, joint venture, partnership, employee relationship or franchise between them and that the affiliate is an independent contractor with respect to the services provided by it under this Agreement.
    5. Affiliates shall give prompt, courteous and efficient service to the public and all business dealings with members of the public will be governed by the highest standards of honesty, integrity and fair dealing.
    6. Affiliates will do nothing, which would tend to discredit, dishonour, reflect adversely upon or in any manner injure the reputation of Traction Apps.
  1. Payment of Commissions
    1. Unless otherwise agreed in writing by Traction Apps, the only commissions or other compensation due to the affiliates are those commissions payable pursuant to Section 4 below.
    2. Activation commissions for Merchants who register through an affiliate will be paid to the affiliate on a monthly basis.
    3. A once-a-month payment would be made to affiliates the first week of every month for commissions that accrue from transactions from the previous month. Traction Apps will use reasonable efforts to calculate and pay commissions.
    4. Referral codes will be given to every affiliate and the code will be unique to every affiliate.
    5. Referral codes will be used in monitoring the number of merchants who register through the affiliate s.
    6. Every merchant who signs up on the Traction Apps platform will be required to provide the referral code unique to the affiliate who referred. It is the responsibility of the affiliate to communicate this with prospective customers(“Merchants”).
    7. In any instance, where the referral code is missed, the affiliate can contact Traction Apps for rectification and provide the necessary details to link the affiliate with the Merchant. The rectification will be done, and the commission paid at the sole discretion of Traction Apps.
    8. Any activation commission paid by Traction Apps to affiliate shall be refunded if Traction Apps determines in its sole discretion that the Account was obtained as a result of fraud, misrepresentation, misleading information, or other material departure from Traction Apps’ stated policies, practices or marketing positions as they may change from time to time.
    9. Any credit issued to any Merchant to resolve any issue caused by affiliate making any misleading, improper or inaccurate representation, such as implying that the Merchant may be given a price plan or discount that is not authorized in Traction Apps’ published price lists may be set off against any commission amounts owed to the affiliate under this Agreement.
    10. It is agreed by the affiliate that any activation commissions or bonus payments due affiliate may be retained by Traction Apps to offset any debts owed to Traction Apps by the affiliate .
    11. In the event that affiliate files any bankruptcy proceeding or has such a proceeding filed against it, the affiliate specifically agrees that Traction Apps’ right to offset as described herein shall continue unabated.
    12. Unless otherwise agreed in writing by Traction Apps, no commissions or other compensation will be paid for registration by any person or entity that was an existing Traction Apps customer.
    13. Traction Apps has no liability to an affiliate for commissions from usage by a Merchant if the affiliate knowingly solicits such a Merchant who uses the Traction Apps Services for transactions which are illegal.
    14. Traction Apps also has no obligation to pay commissions in any instance where the affiliate is knowingly involved in any deceitful or fraudulent activity.
    15. Traction Apps has no liability to pay commissions on any sales not made in accordance with the terms of this Agreement. Traction Apps may deduct from any amounts due affiliate, amounts which affiliate  may owe to it under this Agreement or otherwise.
  1. Calculation of Commissions
    1. An affiliate earns N5,000 for the upfront acquisition of an Android POS Terminal
    2. An affiliate earns N3,500 for the upfront acquisition of a Linux POS Terminal
    3. An affiliate earns N1,500 for the upfront acquisition of an MPOS Terminal
    4. An affiliate earns N500 when a merchant makes at least 10 transactions a month for the first three months 
    5. An affiliate earns N1,000 when a merchant makes 10 transactions using the Traction bank transfer feature
  1. Term and Termination
    1. The term of this Agreement begins the first day of the month following the execution of this Agreement by both parties (“Effective Date”) and continues except an occasion for termination based on 5.3 below occurs.
    2. Either party may terminate this Agreement with or without cause at any time upon seven (7) days prior, written notice to the other party.
    3. Traction Apps may terminate, this Agreement with cause in the following instances:
      1. for breach by affiliate of any provision of this Agreement;
      2. where Traction Apps discovers any Irregular Marketing Activity by affiliate , which involves the affiliate  sending any message which is illegal, obscene, indecent, threatening or harassing, including but not limited to, the transmission of unsolicited messages, or messages which infringe any third party’s proprietary right, or any other Irregular Marketing Activity.
        For the purpose of this agreement “Irregular Marketing Activity” means any activity that constitutes a clear and material breach or is otherwise clearly and materially inconsistent with the terms of this Agreement or which in Traction Apps’s reasonable judgment, would harm Traction Apps’s reputation if it were publicly known. Irregular Marketing Activity includes without limitation those activities referred to in this Agreement as Irregular Marketing Activities
      3. immediately upon notice of any unethical conduct by affiliate  including, but not limited to, offering or providing to any Traction Apps employee any financial or other incentive for the purpose of obtaining customer leads or other information not ordinarily provided by Traction Apps to its affiliate s which is deemed to, be beneficial to the affiliate ;
      4. If the use of the Traction Apps Services by affiliate  is deemed to be for any illegal purpose.
      5. If Traction Apps terminates this Agreement for cause, the affiliate  waives all claims for any expected commissions or profits made in connection with this Agreement.
      6. Upon the expiration or termination of this Agreement, the affiliate  shall immediately discontinue solicitation of Merchants for Traction Apps.
      7. Upon termination of this Agreement, any permission or right to use the Traction Apps brand granted under this Agreement will cease to exist and the affiliate  will immediately cease any use of such and immediately cease referring to itself as a Traction Apps authorized affiliate .
  2. Confidentiality
    1. At no time during or after the termination of this Agreement may any affiliate  use any Confidential Information for any purpose other than to solicit customers for the Traction Apps Services.
    2. For purposes of this Agreement, “Confidential Information” means information disclosed by Traction Apps (“Owner”) to the affiliate  (“Recipient”) which relates to the subject matter of this Agreement, including, but not limited to customer, business and/or technical information and data, or which, although not related to such subject matter, is nevertheless disclosed. as a result of the parties’ discussions in that regard, and which, in any case, is disclosed by the Owner to the Recipient in a document or other medium deemed and/or marked “confidential”.
    3. During the Term of this Agreement, the Recipient may use the Confidential Information of the Owner only for the purpose of this Agreement and shall protect such Confidential Information from disclosure to any third party.
    4. The terms and conditions of this Section will survive the termination of this Agreement.
  3. Limitation of Liability
    1. Traction Apps’s liability to its affiliates is limited to its obligations to pay commissions as described in this agreement. Traction Apps shall not be liable for damages, by reason of any act or omission in its performance under this agreement.
    2. Traction Apps has no liability to an affiliate  for lost revenue, lost profit or commissions that might have been earned hereunder but for the inability or failure of Traction Apps to provide service to any person solicited by the affiliate , or in the event of discontinuation of modification of the Traction Apps services.
  4. Indemnification
    1. affiliate  shall indemnify and hold harmless Traction Apps, its affiliates, employees, officers and directors from and against any and all claims, actions, suits, proceedings, judgments, damages, liabilities, costs and expenses, including reasonable legal fees arising directly or indirectly from breach of this Agreement, negligent acts or omissions, or willful misconduct of the affiliate .
  5. Resolution of Disputes
    1. Any dispute arising out of or related to this Agreement, which cannot be resolved by negotiation will be settled by Arbitration. The costs of arbitration, including the fees and expenses of the arbitrator, will be shared equally by the parties unless the arbitration award provides otherwise.
  6. Force Majeure
    1. Traction Apps will not be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations under this Agreement is as a result of;
      1. compliance with any law, ruling, order, regulation or requirement of any government agency or court of competent jurisdiction;
      2. acts of God;
      3. acts or omissions of the other party;
      4. fires, strikes, war, insurrection or riot;
      5. or any other cause beyond the party’s reasonable control.
    2. Any delay resulting from this will extend performance, in whole or in part, as may be reasonable.
  7. Governing Law
    1. This agreement shall be governed by the laws of the Federal Republic of Nigeria.