Acceptance and Revisions
- By becoming an Affiliate of MagmaClick, you are entering into these binding terms and conditions with MagmaClick and confirming that you have read, understand, and accept these Terms and Conditions. You cannot become a MagmaClick Affiliate unless you accept each and every term and condition contained herein.
- Terms and Conditions will be in full force and effect commencing on the date you accept it by indicating your consent to the Terms and Conditions through any mechanism provided by MagmaClick or by becoming an Affiliate, and will remain in effect until terminated by either party in accordance with the provisions set forth herein.
- MagmaClick may revise the terms and conditions at any time, in its sole discretion. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. Your continued participation in the Affiliate Program or your use of any materials or services provided by MagmaClick following MagmaClick’s modification of the terms and conditions will constitute your acknowledgement of and agreement to the modification.
General Requirements, License and Relationship of the Parties
- In order to enroll and participate in the MagmaClick Affiliate Program, you must be over eighteen (18) years of age and over the age of majority (the age at which you can legally consent and enter into contracts) if residing and/or conducting business in states, provinces, or countries where the age of majority is greater than eighteen (18) years of age.
- In order to enroll and participate in the Terms and conditions Affiliate Program, you must be the owner of the website or have authority to enter into contracts on behalf of the person or entity that owns the rights to the Affiliate website. By becoming an Affiliate, you represent that you are the owner of the website or have authority to enter into contracts on behalf of the person or entity that owns the rights to the Affiliate website.
- So long as you are in compliance with terms of this, MagmaClick grants to you a revocable, non-exclusive, worldwide, royalty-free license to use, reproduce, and transmit the materials provided to you by MagmaClick's websites within the scope of the Affiliate Program, via the Internet, solely for the purpose of providing Internet traffic to the MagmaClick.com website. You acknowledge and agree that any breach of this Agreement gives MagmaClick the right to terminate this license and to revoke your Affiliate status without notice, in addition to taking any other actions permitted by the terms and conditions of these Terms and Conditions.
Payment Terms
- Current payment rates for the MagmaClick Affiliate Program are posted on the MagmaClick website at https://magmaclick.com/webmaster-program. MagmaClick reserves the right to cancel or change the payment methods available to Affiliates, the timing of payments, the minimum referral fees required for payment, and any other payment terms in its own discretion, without prior notice. Payment amounts are based on a number of factors, which may include, but are not limited to, the amount of traffic sent from your site to MagmaClick, the location of the traffic based on IP addresses associated with that traffic, high bounce rates, and/or low user activity from referred traffic.
- Traffic numbers for payment amounts are calculated on a daily basis
- All payments are calculated in U.S. dollars (“USD”). You acknowledge and agree that MagmaClick is not responsible for making payments in any other currency, for any currency conversion charges or fees you may incur as a result, or for any fluctuations in the respective value of any currency as compared to the U.S. dollar.
- Payment of any applicable taxes is the Affiliate’s sole responsibility.
- You are responsible for ensuring that the payment information you provide to MagmaClick for payment of referral fees is accurate. MagmaClick will not be liable for any payments that cannot be transmitted to you due to inaccurate payment information, or due to any technical or other problems with the chosen payment provider’s system.
- You acknowledge and agree that you will not be entitled to a referral fee for any and all referrals that are in breach/violation of the terms of this Agreement. You also acknowledge and agree that you will not be entitled to a referral fee from MagmaClick for any subscription that MagmaClick in its sole discretion determines is the result of possible fraudulent activity.
Affiliate’s Actions and Responsibilities
- You acknowledge and agree that MagmaClick has the right to review your website for compliance with this Agreement, and you agree to cooperate with any request by MagmaClick for access to or information about your website.
- You are responsible for notifying MagmaClick of any malfunctioning links or content.
- You may embed videos provided to you through the MagmaClick Affiliate Program API and RSS feed on your website, however, you may not download or extract such videos for any other display, use, or distribution.
- You agree that your website(s) will be in full compliance with Section 2257 of Title 18, United States Code, the Records Keeping and Labeling Act, and all amendments thereto, and will contain or provide all information required by Section 2257.
- Under this Agreement, you may not and agree not to:
- Post or link to any illegal content. Child pornography, bestiality, rape, torture, snuff, death, and/or any other type of obscene and/or illegal material will not be tolerated by MagmaClick. You may not send traffic to or cause traffic to be sent from any site that contains this type of material, nor may your website contain any of this type of material. In addition to the penalties listed above.
- Send traffic from any site that contains materials that constitute an infringement, misappropriation, or violation of any individual or entity’s intellectual property rights, including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc. Likewise, your website may not contain any material that, in MagmaClick’s sole discretion, constitutes an infringement, misappropriation or violation of any individual’s or entity’s intellectual property rights.
- Engage in any form of deceptive, unfair, and/or false advertising.
- Use or distribute any spyware, adware, viruses, trojans, worms, malicious software of any type, or any other software that sends data to or from the user without his or her knowledge and consent.
- Disseminate to any third party any material or information that is designated or treated by MagmaClick as proprietary or confidential, whether such designation or treatment is in writing or otherwise.
- Provide MagmaClick with any false or fraudulent information, including but not limited to personal information and contact details provided when registering as an Affiliate.
- Take any actions designed to deceive or defraud MagmaClick with respect to the nature or quantity of users referred by you to MagmaClick or the amount of payment due to you under this Agreement.
- The foregoing conduct constitutes a violation of Terms and Conditions, and any violation may result in the immediate termination of your Affiliate status, as well as the other consequences provided for by these Terms and Conditions.
- You are solely responsible for ensuring your compliance with all relevant laws affecting your performance under these Terms and Conditions and participation in the Affiliate Program.
- You waive any claims relating to or arising from your use and/or distribution of content provided to you by MagmaClick.
- You acknowledge and agree that any breach of the provisions of this Section gives MagmaClick the right to revoke your Affiliate status without notice as well as to cancel your account, and that all monies due to you will be forfeited as partial damages for violation of the terms and conditions of this Agreement.
- If MagmaClick terminates your account and/or access to the Affiliate Program for any reason, you must immediately return or destroy any copies of Affiliate Program materials in your possession, whether in electronic or hard copy format.
- You may terminate your Affiliate account at any time, for any reason, however, upon doing so, you must immediately cease use of and return or destroy any materials provided and/or licensed to you under these Terms and conditions.
Contact information
If you have any questions about these terms and conditions, please contact us at support@magmaclick.com