Terms & Conditions

Terms & Conditions: Buyer, Vendor and Affiliate Agreement

Welcome to Flashupdate9ja! Expertnaire provides the premium online marketplace for the hosting, advertisement, marketing and sales for high quality digital products. Flashupdate9ja provides the marketplace where only high quality products will be sold.

This is a legal agreement between you and Flashupdate9ja which is a trademark of flashupdate9ja Nig. Ltd.

This agreement defines the terms of your participation as a buyer or registered vendor/affiliate in the Flashupdate9ja marketplace.

Please read the Flashupdate9ja agreement (“agreement”) before activating your account. By registering as a vendor/affiliate on the Flashupdate9ja marketplace and clicking "agree," you are agreeing to be bound by all terms of this agreement. If you do not agree with each of the terms of this agreement, you are not eligible to register or to become a vendor/affiliate on the Flashupdate9ja marketplace and you may not buy any product from the Flashupdate9ja marketplace, or provide any products for sale via the Flashupdate9ja marketplace or earn commissions for promoting products in the marketplace.

This agreement may be amended at any time by Flashupdate9ja posting a revised version on our website. You agree that the revised version will be effective at the time we post it. If the revised version includes any substantial changes, we will provide notice on our website at least thirty (30) days prior to implementing the substantial change.

1. Buyer benefits.

Marketplace Access: As a buyer, you will enjoy the ease of use and convenience of Flashupdate9ja high-quality product marketplace. Your purchases are backed by Flashupdate9ja 30-Day money back guarantee. In the case where the product received is different from what was ordered or the content of the product purchased does not match the product description on the sales page, you have 30 days to get a refund.

1a) Vendor/Affiliate benefits.

Marketplace Access: As a vendor/affiliate, you will be able to experience the unparalleled advantages, convenience, and ease of the Flashupdate9ja comprehensive marketing, hosting, advertising, sales and tracking (“marketplace”) for yourself, your affiliates and your customers.

Services: Flashupdate9ja may also offer other services (“services”), as described more fully herein and on the Flashupdate9ja 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 marketing services (e.g. split testing, tracking and reporting), enhanced product placement, and more. Flashupdate9ja 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.

Other benefits: Flashupdate9ja may offer certain 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) (“Flashupdate9ja events”).

Flashupdate9ja events may be free or paid admission, open to the public or restricted to vendors/affiliates. Flashupdate9ja will endeavor, at its discretion, to provide discounted admissions, special sessions, opportunities to speak, or other options to vendors/affiliates. So, basically some of the Flashupdate9ja features, benefits and services are free, while others might require an extra fee, and Flashupdate9ja may offer, remove or change them at any time.

2. Using Flashupdate9ja

You understand and agree that Flashupdate9ja and the Flashupdate9ja marketplace are private communities, and Flashupdate9ja 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/Buyer

Anyone may generally purchase products from flashupdate9ja subject to these terms & conditions. Valid email addresses and phone numbers will be required for purchases. Flashupdate9ja reserves the right to refuse service to any person who, in Flashupdate9ja sole judgment, seeks refunds without justification or with a high frequency (“serial refunders”). Buyers 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. In addition, Flashupdate9ja provides a simple means of requesting refunds within the allowed money-back window for the purchased product. If a buyer refuses to follow Flashupdate9ja approved procedures and the agreed-upon refund period for refunds, Flashupdate9ja reserves the right to ban the buyer for life from future use of Flashupdate9ja or the Flashupdate9ja marketplace 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 the Flashupdate9ja 30-Day money back guarantee, Flashupdate9ja will notify the potential buyer by putting a message on the sales/order page of the product.

b. Becoming a Vendor/Affiliate

You understand that Flashupdate9ja and the Flashupdate9ja marketplace are private communities, and Flashupdate9ja 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 Flashupdate9ja marketplace, you must complete an application to register and pay the required registration/signup fees. We will require you provide us with details sufficient for Flashupdate9ja 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 Flashupdate9ja previously or Flashupdate9ja 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 Flashupdate9ja is inaccurate, it may result in delays in processing your application, and could result in Flashupdate9ja not being able to pay you. If the information you provide is not truthful or cannot be verified, your application will be rejected. Flashupdate9ja 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, Flashupdate9ja 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 & 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 Flashupdate9ja application and profile form with truthful and complete information and also pay the required registration fee to sign up as a vendor/affiliate on Flashupdate9ja, and Flashupdate9ja 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 Flashupdate9ja marketplace. The products may include any form of digital content (written, audio, video, etc.) (“Content”) as is appropriate for your products. All digital products and content must be suitable for digital delivery.

Flashupdate9ja acts as a reseller for the vendors' products. That means that buyers are technically buying from flashupdate9ja and not directly from the vendor. You will however retain all rights and liabilities to your products except as provided herein.

You understand that Flashupdate9ja 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 Flashupdate9ja might remove them from the marketplace.

Flashupdate9ja 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):

Flashupdate9ja 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) or any illegal activity, or 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. Flashupdate9ja shall use its unfettered discretion and expressly reserves the right to remove any 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 marketplace will not be refunded. You further agree that you remain fully responsible for any damages to Flashupdate9ja 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 Flashupdate9ja 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. Flashupdate9ja 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 Flashupdate9ja 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 Flashupdate9ja a limited license to resell your products, and process all payments in connection therewith. Flashupdate9ja shall pay you in accordance with the payment provisions herein. Where you fail to ensure compliance with any of the above the failure of Flashupdate9ja 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 Flashupdate9ja for minimum and/or maximum prices (“price limits”). As a vendor, you agree not to attempt to price any product submitted to the marketplace outside of then current price limits in place at the time of submitting the product to the Flashupdate9ja marketplace. Flashupdate9ja will post its current price limits prominently on the site. Currently, the "lower price limit" is N5000 and the “upper price limit” is N800,000 for any product offered for sale in the marketplace. However, Flashupdate9ja expressly reserves the right to set the "upper price limit” for the marketplace 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 Flashupdate9ja discretion. You understand that as a vendor, you are subject to the foregoing price limits unless you have been expressly notified in writing from flashupdate9ja. Flashupdate9ja 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, Flashupdate9ja 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 Flashupdate9ja 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 Flashupdate9ja chooses. After such a price review, Flashupdate9ja decision as to whether to raise the upper price limit in any instance shall be final and made in its sole discretion. If Flashupdate9ja chooses not to raise the price limit for a given product, vendor agrees that the product shall be offered in the marketplace at a sales price below the upper price limit. Flashupdate9ja 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 Flashupdate9ja 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 Flashupdate9ja marketplace on the vendor's website, the vendor must inform Flashupdate9ja to update the price on the Flashupdate9ja website as well.

Flashupdate9ja 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 Flashupdate9ja

Flashupdate9ja 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 Flashupdate9ja 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 Flashupdate9ja.

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 Flashupdate9ja.

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 Flashupdate9ja with copies of any document required by Flashupdate9ja 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 Flashupdate9ja 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 Expertnaire, 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 Flashupdate9ja shall also include the Mobile Operators and such other agencies through whom Flashupdate9ja shall make the Online Store available to the Customers.

The Company agrees to indemnify and to keep the Vendor indemnified in respect of all claims losses and expenses (including the cost of litigation if any) arising out of any breach or default part of Flashupdate9ja to perform its obligations under this Agreement.

This article shall survive the termination or expiration of this Agreement

Flashupdate9ja 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 Flashupdate9ja 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 Flashupdate9ja 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 Flashupdate9ja is merely a facilitator for sale of the Vendor’s Product, hence Flashupdate9ja 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 Flashupdate9ja marketplace, you will have the opportunity to promote and make commissions on a wide variety of digital products offered via the state of the art Flashupdate9ja marketplace. As described above, products offered through the Flashupdate9ja marketplace are provided by our vendors for sale by Flashupdate9ja.

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. Flashupdate9ja endeavors to maintain the highest quality in the marketplace through its unique review system.