Buyer, Merchant, and Affiliate Agreement
We are using this great medium to welcome you to Dominance!
Dominance oversees to the regulation, fairness and control of the operation of a reputable online marketplace for the hosting, advertising, marketing, and selling of high-quality digital products. Only relevant and sustainable products are listed and sold on the Dominance platform.
This is a legal agreement between you and Dominance.
This piece of agreement outlines the terms of your participation as a buyer, merchant, or affiliate in the Dominance marketplace.
Please read the Dominance agreement (“agreement”) before activating your account. By registering as a merchant/affiliate on the Dominance marketplace and clicking “agree,” you affirm to abide by all terms of this agreement. If peradventure you do not agree with these terms, you are not eligible to register or become a merchant/affiliate, purchase products, list products for sale, or earn commissions through promotions on the Dominance marketplace.
This agreement may be reviewed at any time by Dominance, with changes posted on our official website. Revised versions are effective upon posting. For effective changes, a notice will be provided on the website at least thirty (30) days before implementation.
BUYER BENEFITS
Marketplace Access: As a buyer, you enjoy the eligibility to gain access to Dominance marketplace that hosts high-quality digital products. Product purchases are backed by a 45-Day Money-Back Guarantee. If a product is not as described or does not match the content advertised on its sales page, you are eligible for a refund within 45 days.
Merchant/Affiliate Benefits
Marketplace Access: As a merchant/affiliate, you gain access to the Dominance platform for hosting, advertising, sales tracking, and marketing of your products or chosen products for promotion.
Premium Opportunities: Merchant/affiliates may have access to events such as workshops, seminars, or conferences (online or in-person), often at free sessions, discounted rates or exclusive sessions.
USING DOMINANCE
Dominance is a private community, and we reserve the right to accept or refuse service to buyers, merchants, or affiliates at our sole discretion.
Becoming a Buyer
Purchases on Dominance require valid email addresses and phone numbers. Refund claims deemed excessive, consecutive or unwarranted (e.g., “regular refunders”) may lead to a buyer being banned. Buyers must follow the refund request procedure and timelines provided on the website. Products excluded from the 45-day guarantee will have this clearly stated on the sales page.
Becoming a Merchant/Affiliate
Merchants and affiliates must apply to join and pay any required registration fees. Approval is at the discretion of Dominance. Merchants/affiliates must provide valid, accurate and relevant information. Applications with false or unverifiable details may be rejected. Misrepresentation may also result in legal action. We will implore you provide us with information sufficient for Dominance to ascertain if you qualify to become a merchant/affiliate, and if you are acceptable.
To qualify, you must be at least 18 years old, and you must provide your real name, an accurate and verifiable information. In addition, you must not have been banned or refused service from Dominance previously or Dominance reserves the right to reject your application.
To become an affiliate, additional approval from specific product merchants may be required before you can promote their products.
Merchants: Selling Your Products
Content Requirements
Merchants may submit original digital products (e.g., written, audio, or video content) for sale on the marketplace. All submitted products must meet quality standards and align with marketplace guidelines before approval.
Dominance acts as a reseller for the Merchants’ products. This means the buyers are basically buying from Dominance and not directly from the merchant . You will however retain all rights and liabilities to your products except as provided therein.
You understand that Dominance will review your product’s content for completeness, accuracy, quality, marketability, and other important parameters. It is your sole responsibility as a merchant to submit products with complete, accurate and quality content that truthfully corresponds with what is advertised in your sales page, or else, Dominance has the right to remove them from the marketplace.
Prohibited content includes anything related to pornography, pyramid schemes, multi-level marketing (MLM), or illegal activities. Dominance reserves the right to reject or remove such products without refunding any associated fees.
Pricing of Products
Merchants are responsible for setting the prices of their products within established minimum and maximum limits. The current range is ₦5,000 to ₦100,000. Exceptions or adjustments may be granted at the discretion of Dominance.
Merchants must ensure consistent pricing across platforms. A product priced differently on the merchant’s personal website compared to the Dominance marketplace may result in suspension of the product listing.
Merchant Warranties and Obligations
Merchant represent and warrant that:
They have full legal rights to enter into this agreement and offer their products.
All products and content meet intellectual property and copyright requirements.
They will comply with all applicable laws and ensure the quality of their products.
Merchants indemnify Dominance and its affiliates from all claims, damages, or legal actions arising from their products or actions.
Merchant Responsibility
The merchant agrees and acknowledges that they shall be solely liable for any claims, damages, or allegations arising out of the products offered for sale through the Dominance online store (including but not limited to issues related to quality, quantity, price, merchantability, relevance, sustainability, suitability for a particular purpose, or any other related claims). The merchant shall hold Dominance harmless and indemnified against all such claims and damages.
Furthermore, Dominance shall not be liable for any claims or damages arising from negligence, misconduct, or misrepresentation by the merchant or any of its representatives.
The merchant confirms and acknowledges that the product is owned by the merchant and that Dominance is merely a facilitator for the sale of the merchant’s product. Dominance is not responsible or liable for the product’s design, function, condition, manufacturing, selling, financial obligations, warranties, or guarantees of any kind.
Affiliates: Promoting Products for Commission
As an affiliate in the Dominance marketplace, you have the opportunity to promote and earn commissions on a wide variety of digital products offered through the Dominance platform. These products are provided by merchants for sale via Dominance.
Evaluating and Choosing Products
As an affiliate, you are solely responsible for evaluating and selecting the merchant’s product(s) you want to market or advertise. Dominance endeavors to maintain high standards in its marketplace through an intensive review system.
However, you understand and agree that Dominance is not responsible for the content, accuracy, quality, usefulness, or any other aspects of the products or supplementary materials.
You also acknowledge that all costs associated with marketing, advertising, or distribution, including the creation of promotional materials, are your responsibility, irrespective of whether your efforts result in sales. Dominance does not provide legal advice or review marketing content. Therefore, you are solely liable for the content and consequences of your marketing efforts.
Respectful Promotion Practices
You agree not to use marketing or advertising materials containing illegal or infringing content, including but not limited to copyrighted material, trademarks, trade dress, trade secrets, or material violating privacy, publicity, or moral rights. Additionally, defamatory or misleading content is prohibited.
You must truthfully represent the product’s features and benefits without exaggerating or hyping the content. Misleading or exaggerated promotions are strictly prohibited.
You agree not to use unsolicited email or SMS, false or misleading advertisements, or illegal claims in connection with your marketing efforts. Any promotion methods involving spamming, cookie stuffing, or unauthorized use of customer data are prohibited. Violating this policy may result in termination of your affiliate account and loss of any commissions in your account balance.
You also agree not to impersonate Dominance, represent yourself as the company, or suggest that your marketing efforts are endorsed by or affiliated with Dominance unless explicitly authorized. Misleading promotions that imply ownership of a product or unauthorized use of merchant names are also prohibited and may result in termination of your account.
Furthermore, Dominance strictly prohibits the promotion of pornographic content, ponzi schemes, multi-level marketing (MLM), or any related products. Combining your advertisements for Dominance products with non-permitted products is not allowed.
Do not make unauthorized claims about guarantees, warranties, or refund periods beyond what is expressly provided through the Dominance platform.
Tracking and Accountability
Dominance uses advanced tracking technologies, such as cookies, to determine and credit affiliate commissions accurately. Attempts to manipulate tracking systems using click-jacking, cookie stuffing, or other technological exploits are strictly prohibited. Dominance reserves the right to determine commission eligibility and terminate affiliates accounts involved in manipulation or fraudulent practices.
Affiliate Commissions
Affiliates are compensated for their marketing efforts and promoting products available on the Dominance marketplace. The merchant determines the commission rate, which may range from 30% to 85% of the gross sales price.
The proceeds from each sale are distributed as follows:
Dominance fees are deducted from the gross sales price.
Affiliate commissions are calculated based on the gross sales price.
The remaining balance is paid to the merchant.
Dominance employs a secure tracking system to ensure commissions are accurately allocated. Affiliates must promote products responsibly, selecting the right offerings from the marketplace, as Dominance does not guarantee the performance or quality of individual products.
Marketplace Facilitation and Payment Processing
To facilitate the marketplace, Dominance will collaborate with third-party companies (including banks) to process all payments for product purchases made through the Dominance marketplace. By listing your products on Dominance, you expressly grant permission for Dominance to sell your products, process payments for those sales, and deduct assigned transaction or processing fees (“Dominance fees”) for the services provided.
The current Dominance fees are as follows:
For Affiliates:
All affiliates are required to register with Dominance for an annual, non-refundable fee of N5,000. Dominance reserves the right to debit affiliates this amount once every year for affiliate maintenance.
For Merchants:
All merchants must register with Dominance for an annual, non-refundable fee of N10,000 to start selling their products. Additionally, Dominance charges a commission of 5% per sale on all merchant products. These fees and commission may be revised at any time, with prior notification to merchants and affiliates.
Payments to Merchants and Affiliates:
Affiliates: Commissions will be paid once a week, provided the affiliate’s balance meets the minimum balance of N5,000.
Merchants: Earnings from product sales will be paid twice a month.
Currently, payments can be made via any Nigerian bank account, and Dominance is working to expand available payment methods.
Unusual Activity or Transaction Spikes:
Dominance reserves the right to hold payments beyond the standard 14-day processing period if unusual activity, transaction spikes, or specific transactions trigger security filters. Such reserves are subject to manual investigation and will typically be resolved within a few days, although Dominance may extend this period as needed to ensure proper verification.
Fraud Investigation Reserve Period:
If Dominance or its payment processors detect actual or suspected fraud related to purchases, a fraud investigation will be initiated. During this time, any earnings or commissions may be temporarily withheld. Dominance will use reasonable efforts to minimize the held amounts, focusing only on questionable transactions.
Fraud investigations may involve:
Stolen or fake debit cards.
Suspicious traffic or tracking anomalies.
Unauthorized access to backend facilities
If suspected, merchants or affiliates must provide additional information and cooperate with the investigation. Affiliates and merchants will be informed of the results and provided a full account of earnings or commissions due. However, any fraudulent or unpaid sales will not be eligible for commission payouts.
Fraudulent Activity and Legal Action:
If Dominance finds evidence of direct or indirect involvement in fraudulent activities, the merchant or affiliate may forfeit their account balance, and Dominance may use those funds to cover investigation and legal costs. All such cases will be reported to appropriate authorities, and Dominance reserves the right to pursue legal action.
Summary of Fees:
Affiliate Signup and Maintenance Fee: N5,000/year
Vendor Signup and Maintenance Fee: N10,000/year
Commission on Vendor Products: 5% per sale
Funds Release Process:
Funds generated from merchant/affiliate sales will be released approximately three days after the refund period expires. Once those funds are cleared, payment will be made.
If unusual activity is detected on your account or our security filters are triggered, the reserve period may be extended while an administrator reviews your account’s recent activity.
Relationship with Dominance
By becoming a merchant/affiliate, you acknowledge that no legal partnership, joint venture, or agency relationship is created between you and Dominance. Neither party has the authority to obligate or bind the other. As a merchant, you understand that you are allowing Dominance to sell the product(s)/content you list on the marketplace. Dominance acts solely as a licensee or distributor of your product(s)/content.
Intellectual Property:
The Dominance marketplace, website, and its content (“Dominance Content”) are protected by copyright and other intellectual property laws. Dominance retains all rights, title, and interest in its content and technology, and no rights or licenses are granted unless expressly outlined in this agreement.
You agree not to:
Modify, publish, rent, sell, transfer, reproduce, or create derivative works based on Dominance content or services without explicit written consent.
Use the “Dominance” name, logos, page designs, trademarks, or custom graphics without prior written approval.
Alter or misuse marketing materials provided by Dominance for directing traffic to the marketplace.
Additionally, you may not reverse-engineer, decompile, or tamper with Dominance technology or engage in unauthorized activities, including network security breaches or illegal actions, using your merchant/affiliate access.
Essentially, Dominance owns all its copyrights and trademarks. Do not use or exploit them without proper authorization.
Confidentiality and Non-Disclosure:
Any details or information shared by Dominance about its marketplace, services, or technology are deemed “Dominance Confidential Information.” This excludes:
Information already public through no fault of yours.
Information made public by Dominance.
Information independently developed without Dominance resources.
Information obtained from a third party legally authorized to disclose it.
You agree not to disclose or misuse any confidential information without express written permission. If required by law to disclose confidential information, you must notify Dominance promptly to allow time for protective measures.
Communication between Dominance and its users is confidential and must not be shared or disclosed.
Representations and Warranties
You represent and warrant that:
You have read this agreement in its entirety and will abide by its terms.
Neither you, your product(s), sales page(s), nor your marketing or advertising will directly or indirectly:
Violate any applicable laws, regulations, rules, or guidelines, including those of any Nigerian regulatory body or industry standards established by the Nigerian government.
ii. Disrupt, attack, interfere with, or cause delay or damage to the Dominance marketplace, services, or any data contained therein.
iii. Attempt to gain unauthorized access to the Dominance site, content, services, other merchant/affiliate accounts or dashboards, or any data contained therein.
iv. Attempt to:
Withdraw funds from Dominance to which you are not entitled.
Divert another’s earnings/commissions to your Dominance account.
Conduct credit card transactions in the Dominance marketplace without proper authorization from the cardholder.
Engage in fraudulent activities in connection with the Dominance marketplace.
v. Mirror, duplicate, iframe, or otherwise copy any product(s), sales page(s), Dominance content, or services, or make public any nonpublic portions thereof.
vi. Reverse-engineer the Dominance services or attempt to derive their source materials.
vii. Infringe any rights in any jurisdiction.
viii. Violate the privacy, publicity, or moral rights of any individual.
ix. Include defamatory, obscene, indecent, or otherwise unlawful material, or otherwise contravene any person’s rights.
Indemnification
You agree to indemnify, defend, and hold harmless Dominance and its 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 or willful misconduct.
Your breach of any provision, representation, or warranty of this agreement.
Any violation of applicable laws or regulations.
Upon receiving notice of a claim or action for which Dominance is entitled to indemnification:
Dominance will promptly notify you in writing of the claim or action.
You will be provided the opportunity to assume the entire defense and settlement of the claim or action at your own cost and expense (provided Dominance reserves the right to separately retain counsel at its own expense).
Dominance will cooperate with you, at your reasonable expense, in investigating and defending the claim or action.
You may not settle or compromise the action or claim without Dominance prior written consent.
Note: You are not authorized to agree to any settlement that involves an admission or finding of liability or wrongdoing by Dominance or imposes any duty or obligation on Dominance.
Term and Termination
Dominance reserves the right to terminate or suspend your status as a merchant/affiliate at its sole discretion. Common reasons for termination may include, but are not limited to:
Spam complaints.
Misconduct.
Violations of these terms and conditions.
High refund or chargeback ratios.
Poor ratings or multiple negative reviews.
You may terminate your status as a merchant/affiliate at any time, for any reason, by notifying Dominance in writing of your intent to do so.
Upon termination or suspension:
All rights granted under this agreement will cease, including access to your Dominance dashboard, the ability to create or submit new products, and earning commissions.
Any earnings or commissions from sales completed prior to termination will be credited to your bank account.
Your product sales pages, purchaser reviews, and ratings will remain accessible but no further sales will be processed.
You agree to destroy any Dominance confidential information in your possession or control and provide certification of such destruction upon request.
Note: No refunds, partial or full, will be issued for any fees paid under this agreement, regardless of the reason for termination.
No Warranties Are Made
Dominance and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors (collectively, “Dominance” for purposes herein) make no promises that the Dominance marketplace, services, or content (including any functionality or features thereof), or any other information or materials that you receive as a merchant/affiliate (collectively, the “Dominance services”) will be accurate, reliable, timely, secure, error-free, or uninterrupted, or that any defects will be corrected.
The Dominance services are provided on an “as-is” and “as-available” basis and are subject to change without notice. Dominance does not guarantee any results or commit to identifying or correcting problems or defects even if aware of them. Dominance expressly disclaims any liability related thereto and disclaims all warranties, express or implied, including warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose.
Dominance assumes no liability for the acts, omissions, or conduct of any third parties in connection with your use of the Dominance services. You bear full responsibility and risk for using these services, including but not limited to, any information obtained through them.
Your sole remedy for dissatisfaction with the Dominance services is to stop using them. This limitation of relief forms part of the agreement between the Parties.
Disclaimer of Liability
To the extent permitted by law, under no circumstances shall Dominance be liable for:
Special, indirect, incidental, or consequential damages.
Damages resulting from failure to deliver or delay in delivering services.
Failure of the Dominance marketplace.
Loss of profits, sales, data, business, opportunity, or goodwill, under any theory of liability (tort, contract, or otherwise).
If Dominance is found liable to you for any damages arising from your use of the services, the total liability shall not exceed fifteen thousand naira only (N15,000).
Waiver
If any provision of this agreement is found unenforceable or invalid, that provision will be limited to the extent necessary so the rest of the agreement remains in full effect.
Arbitration
Any dispute arising out of this agreement shall be resolved through arbitration conducted in Lagos, Nigeria, under the Arbitration and Conciliation Act LFN 2004 or its amendments.
Arbitration will be in English.
The venue will be Lagos, Nigeria.
The decision of the arbitrator shall be final and binding.