These Terms and Conditions ("Terms") govern the participation of affiliates ("Affiliate") in the MTN Nigeria Communications PLC’s (“MTN”) Affiliate Marketing Program ("Program"). By applying to participate in the Program and upon acceptance, the Affiliate agrees to be legally bound by these Terms. This Program is designed to allow Affiliates to promote and market MTN's products and services for Commission on qualifying sales or leads generated through Affiliate referrals.
Your participation in the Program is conditional upon your full acceptance of the Terms, including any notifications. No modifications to these Terms are permitted. If you do not agree with any of these Terms, you are required to discontinue your participation in the Program immediately.
The following words or expressions shall have the specific meanings assigned to them in this Terms:
“Affiliate” refers to refers to you, the person participating in the Program and accepting the Terms to promote MTN's products and services for Commissions.
“Affiliate Link” refers to a unique tracking URL provided to Affiliates to track sales, leads, or traffic generated through their promotional activities.
“Commission” refers to the payment made to the Affiliate for generating qualifying sales or leads based on a predetermined percentage or fixed amount.
“Qualifying Sale” refers to a sale made through an Affiliate Link that meets all the eligibility requirements as defined by MTN.
1. Binding Agreement
You agree that your participation in the Program constitutes your acceptance of these Terms. These Terms form a binding legal agreement between you and MTN with respect to the Program. All requirements within these Terms will be strictly enforced. Therefore, please ensure you understand and agree to be bound by these Terms. Also, note that MTN reserves the right to refuse participation in the Program to anyone for any reason and/ or at any time.
2. Eligibility for Participation
To qualify for participation in the Program, the Affiliate must:
2.1. Be at least 18 years of age and possess the legal capacity to enter into binding agreements.
2.2. Operate a legal business or platform (including websites, blogs, or social media accounts) that complies with all applicable laws, including those of the Federal Republic of Nigeria.
2.3. Comply with all applicable regulations and policies including but not limited to those regarding advertising, confidentiality, and data privacy.
3. Affiliate’s Responsibilities
As part of the Program, Affiliates must:
3.1. Use their assigned Affiliate Links for promotional activities and ensure the links are used correctly to track sales or leads.
3.2. Promote MTN’s products and services through lawful and ethical means, avoiding false advertising, misleading, discriminatory, or defamatory statements.
3.3. Comply with the Nigerian advertising regulations, including those set by the Nigerian Communications Commission (NCC), Federal Competition and Consumer Protection Commission (FCCPC) and other relevant regulatory bodies.
3.4. Avoid using spam or any unsolicited means to promote Affiliate Links, such as unauthorized emails, pop-up ads, or aggressive marketing strategies.
4. Commission
4.1 Affiliates shall earn a Commission based on the division the Affiliate selects which is the net revenue of applicable taxes generated from qualifying sales or a flat rate per lead as agreed by the Parties in writing.
4.2 Commissions will be paid based on the agreed payment terms pursuant to the duration of the Program selected by the Affiliate.
4.3 The Affiliate requests, and MTN agrees, to pay the Affiliate's Commissions directly into the Affiliate’s MoMo Payment Service Bank Limited’s Account after verifying the sales made through the Affiliate’s Link. Payments delayed due to technical, or banking issues will be processed as soon as practicable.
5. Promotions
5.1 The Affiliate agrees to actively promote and advertise MTN's products/services as available on MTN eShop. The promotional activities may be carried out on or through website placements, blog posts, social media advertising, email marketing, and any other digital or physical marketing efforts that comply with MTN's brand guidelines.
5.2 The Affiliate shall not engage in any misleading, deceptive, or unethical marketing practices, and must ensure all promotions accurately represent the products/services offered by MTN.
5.3 Any promotional material the Affiliate creates must be submitted to MTN for approval before publication or distribution. MTN reserves the right to reject or request modifications to any promotional content that does not align with its brand guidelines, ethical marketing standards or violates legal or regulatory requirements.
6. Tracking and Reporting
6.1 Affiliates will have access to an online dashboard where they can view real-time tracking of their sales, clicks, and Commissions.
6.2 MTN uses tracking mechanisms to ensure the accurate recording of sales generated through Affiliate Links. Affiliates are responsible for ensuring that their links are correctly implemented; any sales not tracked due to technical errors or incorrect link usage will not qualify for Commissions.
6.3 The Affiliate shall report any discrepancies in tracking or Commission calculations or paid Commission within three (3) business days of occurrence via email to #Products&Devices.NG@mtn.com, chioma.agballah@mtn.ng and shadrach.akano@mtn.com. MTN will make reasonable efforts to resolve such discrepancies but shall not be held liable for technical failures beyond its control.
7 Prohibited Activities
Affiliates are strictly prohibited from engaging in the following:
a. Affiliates shall not generate artificial traffic or sales through practices such as cookie stuffing, click fraud, or incentivized clicks.
b. Affiliate shall not misrepresent the nature of the products or services offered by MTN.
c. Affiliate shall not use any paid search engine listings, ads, or sponsored placements that could mislead or confuse customers or imply any affiliation with MTN beyond what is expressly authorized under this Terms.
d. Affiliate shall not purchase any form of paid advertising, including but not limited to Google Ads, social media ads, or sponsored posts, to drive traffic to MTN’s website or Affiliate links.
e. Affiliate shall refrain from engaging in paid search advertising (pay-per-click (PPC) campaigns, sponsored ads, or search engine marketing (SEM), sponsored ads) or any paid campaigns to promote the Company’s products or services
8 Intellectual Property Rights
8.1 intellectual property previously owned by it and the Affiliate understands that this does not in any way create a lease, license or assignment of any of MTN’s Intellectual Property in favor of the Affiliate.
8.2 MTN shall own any Intellectual Property developed by it or by the Affiliate which is connected to the Program and the Affiliate shall not have any claim of ownership to such Intellectual Property. The Affiliate further hereby assigns the ownership of such Intellectual Property to MTN and hereby states/accepts the Commission payable under these Terms as sufficient consideration for the assignment.
8.3 Without prejudice to the foregoing, MTN may at its discretion grant a restricted, non-transferable license to the Affiliate to use specific MTN trademark in furtherance of the Program and where so granted, the Affiliate shall only use the specified trademark and only in such a way as to enable the Affiliate to participate in the Program.
8.4 The Affiliate warrants and guarantees that the idea and any Intellectual Property used by the Affiliate are original and/or propriety to the Affiliate and that where such ideas or Intellectual Property are not the Affiliate’s, the Affiliate has obtained the valid written consent / license of the owner and at all times, the Affiliate has the right to use the Intellectual Property.
8.5 Consequently, the Affiliate agrees to indemnify MTN for all losses and expenditures (including damages, fines, attorney’s fees, etc.) incurred by MTN in defending any third-party intellectual property infringement claim against MTN as a result of an act of the Affiliate under the Program.
8.6 Notwithstanding clause 9 below, the Affiliate understands and agrees that the provisions of this clause 8 shall inure in perpetuity and the obligations thereof shall survive any termination of these Terms.
9. Term, Suspension and Termination
9.1 These Terms shall remain in full force and effect for the duration of the term selected by the Affiliate.
9.2 In cases of suspected violations, MTN reserves the right to suspend the Affiliate’s account during an investigation. If violations are confirmed, the Agreement may be terminated immediately with forfeiture of unpaid Commissions earned from non-Qualifying Sales.
9.3 Either party may terminate this agreement at any time, with or without cause, by providing thirty (30) days written notice to the other party.
9.4 MTN reserves the right to terminate this agreement immediately and without prior notice if the Affiliate:
a. Engages in any fraudulent or illegal activities.
b. Violates any provisions of the Terms or applicable laws.
c. Uses MTN’s brand or intellectual property in a manner not approved or in violation of the company’s guidelines.
d. Fails to comply with the marketing practices or misrepresents MTN’s products or services.
10. Non-Disclosure and Confidentiality
10.1 As part of your participation in the Program, the Affiliate may gain access to certain confidential information related to MTN’s business operations, marketing strategies, pricing, customer data, and other proprietary information ("Confidential Information"). The Affiliate agrees to maintain the utmost confidentiality regarding all such information and not to disclose, share, or distribute it to any third party without prior written authorization from MTN.
10.2 If so required by law or valid legal or regulatory process, the Affiliate may disclose such Confidential information, but only by providing notice to MTN of the requirement to disclose and reasonable cooperation with any attempt by MTN to maintain the confidentiality of such Confidential information.
10.3 In cases where MTN authorizes the Affiliate to share Confidential Information with a third party, the Affiliate shall ensure that the third party is bound by a confidentiality obligation similar to this clause. The Affiliate is responsible for taking all necessary precautions to safeguard the integrity of the Confidential Information, preventing its unauthorized use, loss, damage, or destruction.
10.4 Upon termination or expiration of the Affiliate’s involvement in the Program, the Affiliate shall immediately cease any use of Confidential Information. The Affiliate shall delete or destroy all copies of such information and, upon MTN’s request, provide written confirmation that you have done so.
11. Indemnity
11.1 The Affiliate shall indemnify MTN and its officers, directors, employees, servants, agents or contractors or other persons against any loss, damage, liability, claim or demand by third parties in relation to the breach of these Terms.
11.2 MTN’s liability to the Affiliate shall be limited to the total amount of Commissions paid in the preceding month.
12. Governing Law
These Terms shall be governed by, subject to, and construed in accordance with the laws of the Federal Republic of Nigeria.
13. Dispute Resolution
In the event of a dispute or difference in connection with or in relation to these Terms or its performance, construction or interpretation, the party alleging the dispute shall provide a written notice, giving particulars of the dispute ("the Notice of Dispute") to the other party. Dispute resolution shall be by negotiation, followed by mediation if unresolved by negotiation within fourteen (14) business days of service of the Notice of Dispute. If the dispute is still not resolved after fourteen (14) business days of it being referred to mediation, the dispute shall then be resolved by litigation.
14. Force Majeure
Neither party shall be liable for failure or delay in fulfilling their obligations under this Agreement due to events beyond their control, including but not limited to natural disasters, government restrictions, or technical failures. Such delays will not constitute a breach of this Agreement.
15. Audit Rights
MTN reserves the right to conduct audits on Affiliate activities to ensure compliance with this Agreement. Affiliates are required to provide relevant records and materials within the required number of days specified in the notice of an audit request. Non-compliance may result in immediate suspension or termination.
16. Further Terms
16.1 MTN shall not be held responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages that may arise from or relate in any way to the Affiliate’s acceptance and execution of these Terms. This includes any loss, harm, or injury stemming from actions taken by the Affiliate while fulfilling its obligations under these Terms.
16.2 The Affiliate agrees to comply with applicable data protection laws, including Nigeria’s Data Protection Act 2023, and any other relevant regulation. The Affiliate shall not collect, process, or use personal data of customers referred through the Affiliate Program except as expressly permitted by this Agreement.
16.3 MTN reserves the right to modify the Terms of this Agreement with prior written notice to the Affiliate. Changes will take effect upon notification, and continued participation in the Program will signify acceptance of the revised Terms.
17. Severability
If any of the provisions of these Terms is deemed nor enforceable by law, all other provisions outlined in these Terms will still apply.
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