Digital Millennium Copyright Act (DMCA) Policy

It is Affimarts policy to comply in full with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”). Accordingly, if any Product, or Promotion (collectively the “Client Material”) violates a valid copyright, Affimarts may remove or disable access to such Client Material upon receipt of a valid, complete DMCA complaint (a written notification called a “Takedown Notice”).

Submitting a Takedown Notice:

Per the DMCA, if You believe that a valid copyright in which You have ownership rights is being infringed, Affimarts is authorized to remove or disable access to Client Material only if You provide a Takedown Notice to Affimarts’s designated Copyright Agent which includes all of the following:

The words “DMCA COMPLAINT – TAKEDOWN NOTICE” at the top of Your communication;
A reasonably detailed description of the copyrighted work(s) or other intellectual property You claim has/have been infringed;
Identification of the specific Client Material that You believe infringes upon Your rights and sufficient information to enable Affimarts to locate the specific Client Material. The DMCA only authorizes Affimarts to remove or disable access to specific infringing Client Materials. We are not authorized to generally disable access to non-infringing Client Materials;
The following statements or equivalent:
1. “I swear, under penalty of perjury, that

(i) the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(ii) I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”

Your company name (if any), Your legal name (printed), Your mailing address, and Your phone number, and, if available, an electronic email address; and
A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.

To file a DMCA complaint with Affimarts, You must send a hardcopy communication via certified-mail to Affimarts’s designated representative (“Copyright Agent”) at the email address:

Email: admin@affimarts.com

Note: The submission of a false or materially misleading Takedown Notice may constitute perjury and other offenses and may subject You to potential liabilities. Prior to filing a Takedown Notice You may wish to first consult with an attorney.

Upon Affimarts’s receipt of a valid, complete Takedown Notice, Affimarts shall (i) remove or disable access to the specific allegedly infringing Client Material identified in the Takedown Notice, and (ii) take reasonable steps to contact the Vendor or Affiliate providing such Client Material.

Submitting a Counter-Notice:

If Affimarts removes or disables access to Your Client Material as a result of a Takedown Notice, You may instruct Affimarts to restore Your Client Material by providing a counter-notification (“Counter-Notice”) to the Affimarts Agent containing all of the following:

Identification of the Client Material and the location at which Client Material appeared or was available before removal;
A statement that You have a good faith belief that the Client Material was removed or disabled as a result of mistake or a misidentification of the Client Material;
Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of the federal court in Lagos, Nigeria and a statement that You will accept service of process from the third party who provided the Takedown Notice.
Your physical or electronic signature;

Upon receipt of Your Counter-Notice, Affimarts shall send a copy of Your Counter-Notice to the original complaining party and inform such party that Affimarts shall replace or restore access to Your Client Material within no less than 10 but no more than 14 days unless Affimarts receives official notice from the complaining party that it has filed an action seeking a court order to restrain You from restoring the Client Material.

Repeat Offender Policy:

If You are the subject of two or more valid and complete Takedown Notices that You do not satisfactorily rebut with valid Counter-Notices, in addition to any other available rights and remedies, Affimarts reserves the right to terminate Your account(s), without penalty or liability to Affimarts. In addition, Affimarts may exercise all other rights and remedies available to it.

General:

Nothing contained herein shall restrict Affimarts’s ability or right to remove or disable access to any Client Material which Affimarts independently discovers and which, in Affimarts’s sole discretion, violates or infringes any right of any third party, including, without limitation, any IP Right.

Details of the DMCA are available at US Copyright Office Web Site: www.copyright.gov.

Trademark Policy

You agree that, in the event Affimarts receives a written demand, such as a “Cease and Desist” letter (“Demand”) alleging that any Product (“Client Material”) infringes upon, dilutes, tarnishes or otherwise violates its trademark rights, Affimarts may in its sole discretion, remove or disable access to such Client Material until Affimarts receives either:

Written confirmation from the party sending such Demand that the Demand is withdrawn or has been resolved, or
You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by Affimarts in its sole discretion and which Affimarts may reject for any reason without penalty or liability to You. In order for Affimarts to accept such rebuttal, You expressly acknowledge and agree that such rebuttal shall include:
1. The information set forth above for a valid Counter-Notice, except such information shall relate to the trademark at issue and not disputed copyrighted material; and
1. An express, irrevocable and binding obligation pursuant to which You shall indemnify, defend and hold harmless Affimarts from any damages, costs, or expenses that Affimarts may incur, in any manner whatsoever, arising out of or in connection with the disputed Client Materials and/or Affimarts’s restoration thereof.

As a condition of registration with Affimarts, You acknowledge and agree that:

Affimarts is not under any obligation to restore access to any Client Material even if You provide a rebuttal and that the determination of sufficiency of any` evidence provided in a rebuttal shall be at Affimarts’s sole discretion;
You expressly waive and disclaim any claim or potential claim against Affimarts related to or arising out of Affimarts’s removal of or disabling of access to any Client Material in response to a Demand, including without limitation any claim for lost revenue, lost profits and/or expenses. and,
The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of IP Right, including any rights in trademarks, service marks and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon Affimarts any of the obligations imposed under the DMCA with regard to response times or the like.

Note to Affimarts Clients

This DMCA and Trademark Policy is part of, and incorporated within, the Affimarts Client Contract. As a condition of registering with Affimarts and using the Affimarts Services, You expressly acknowledge that You have read and understood this DMCA and Trademark Policy and You agreed to be bound by the terms and conditions contained within. If at any time You disagree with this DMCA and Trademark Policy or any part of it, Your sole remedy is to cease all use of the Affimarts Services and terminate Your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of this DMCA and Trademark Policy.