This Affiliate Agreement ("Agreement") contains the terms and conditions that apply to your participation as an affiliate (“you” or "Affiliate") in the ExploreTheMagic.com (the “Company”) Affiliate Program.
Affiliate acknowledges that it may participate in the Company Affiliate Program only under the terms and conditions set forth below, and that subsequent to Company accepting this Agreement, Company will, in its sole discretion, determine whether or not to accept Affiliate into Company’s Affiliate Program.
By submitting an application to become an Affiliate, you warrant that you have read and understand this Agreement, and you agree to be bound by it.
To begin the enrollment process, you must submit a complete Affiliate Program Application via the Company Web site. We will evaluate your application and notify you of your acceptance or rejection. We reserve the right in our sole and absolute discretion, to accept or reject your application for any or for no reason whatsoever.
Upon notice of acceptance of your application, this Agreement shall be effective between you and the Company (“us” or “we”). If we reject your application you will not be able to participate in the Company Affiliate Program.
1. Definitions. Throughout this Agreement, capitalized terms shall have the meaning ascribed to them in quotes. In addition, for purposes of this Agreement, the following definitions apply:
1.1 "Advertising" or "Advertisements" means any and all banner or box-style advertisements, pop-up or pop-under placements, text links or other similar solicitations through the Internet that promote Company Products or Services and that contain a Link to the Company Site.
1.2 “Affiliate” means any person or entity that has submitted an Affiliate Program Application and has been accepted for participation in the Company Affiliate Program in accordance with the terms of this Agreement.
1.3 “Agent” is defined in Section 5.8.
1.4 “Company Brand Features” means Company trade names, trademarks, service marks and/or logos authorized by Company.
1.5 "Company Products and Services" means those proprietary products and services currently offered on the Company Site, which currently consists of , and any proprietary products or services as may be offered at a future date on the Company Site during the Term of this Agreement. “Company Products and Services” does not include products and services offered by third parties on or through the Company Site.
1.6 “Company Site” means the Company Internet site currently located at www.________________, or any page, section, subsection or subdirectory thereof, and any other additional, substitute or successor site that may be designated by Company under this Agreement.
1.7 "Customer" means any person or entity who (i) successfully purchases a Company Product or Service from the Company Site (ii) using a Link and (iii) through such Link provides a valid email address and valid credit card information to facilitate such purchase via the Company Site, and (iv) provided that the person or entity has not previously purchased a product or service through the Company Site.
1.8 “Intellectual Property Rights” means all rights in and to trade secrets, patents, copyrights, trademarks, know-how, as well as moral rights and similar rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to any of the foregoing.
1.9 "Link" means an embedded graphic, icon or text containing a unique hypertext pointer to the URL address for the Company Site that is embedded in an Advertisement and that identifies consumers that become Customers via the Advertisement.
1.10 “Referral Fee” is defined in Section 4.1.
1.11 “Term” is defined in Section 2.1.
2. Term and Termination.
2.1 The term of this Agreement ("Term") will begin upon our acceptance of your application and will end when terminated by either party in writing or by email.
2.2 The Term of this Agreement shall be continuous, unless and until either party properly terminates this Agreement, in accordance with the following: (i) either party may terminate this Agreement immediately by giving notice to the other party; or (ii) Affiliate agrees and acknowledges that if Affiliate breaches any provision of this Affiliate Agreement Company may immediately terminate Affiliate from the Affiliate Program. Upon termination of this Agreement, Affiliate must immediately remove from Affiliate's Web site(s) and cease using any Advertising or Links. Following termination of this Affiliate Agreement, Affiliate agrees to refund any amounts that were earned from Company in breach of this Agreement.
2.3 Upon termination of this Agreement, Affiliate shall immediately cease serving or using Advertisements.
2.4 No Referral Fees or bonuses shall be due with respect to Customers who register after the date of termination. We reserve the right to withhold your final payment for up to 120 days as necessary to calculate properly any amount due to you.