Hello and thank you for your interest in our affiliate program. Please see the affiliate disclaimer; you are bound to it. Please see access to your links below. By signing up below you are agreeing to this affiliate agreement.
Read This First: (Sign up links are below)
This Agreement contains the complete terms and conditions which you (the “Affiliate”) agree to be bound by as a participant in The owners of this site(“The owners of this site”) affiliate program (the “Program”) and which shall apply once your application to participate in the Program has been accepted by The owners of this site.
ARTICLE 1. INTRODUCTION
Firstly, we wish you great success in your promotion endeavors of our affiliate program. We look to supply you with great products now and into the future so that your affiliate marketing business may benefit. And in order to do well we have to set some ground rules for the maximization of your success while avoiding future trouble for you and for our company.
So please observe the rest of this agreement below. If you have questions or suggestions, do let us know. We wish to optimize the success for all of those involved with this affiliate program.
NOTICE: All Affiliate marketing activities must NOT be, state or include content that is deceptive, misleading, untruthful, unsubstantiated, or otherwise fails to comply with applicable federal and state consumer protection laws, regulations, and guidelines.
You may not use pictures or videos illegally. Any images or videos you use must be fully compliant with image usage license agreements.
You may not use cloaking. You may not use fake advertorials. You must not use fake endorsements. You must not imply celebrity endorsement when a celebrity did not endorse our products. You may not use fake testimonials. You may not email purchased leads that did not opt-in directly to your email newsletter (although solo ads which are mailings or other advertisements purchased from others who sell you those ads for their email newsletters of confirmed subscribers to those email newsletters of theirs, are permitted). Any form of advertisement or ad copy that makes our brand look bad is not permitted.
None of the following is permitted and by doing so will not only jeopardize your commissions but also open you up to legal action: lying, cheating, stealing, making promises of future results, unsubstantiated claims, fake advertorials, cloaking, illegal use of photos, or implied endowments when a person or entity has not endorsed this product directly, such as a celebrity.
Additionally you must have full commercial use permission for any image or video you use.
All affiliates (regardless of their country of domicile) MUST be in compliance with all applicable laws, regulations, and guidelines, including without limitation the Federal Trade Commission Act (“FTC Act”), the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), Federal Trade Commission (“FTC”) regulations and guidelines implementing the FTC Act and the CAN-SPAM Act, the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Testimonials Guide”), the National Advertising Division decisions of the Better Business Bureau, and other federal and state consumer protection laws, regulations, and guidelines.
Unless we specifically provide you images, testimonials and or before and afters from our site into your affiliate area, you are not allowed to take such content off our website for use in your promotion.
You may not use brand keywords such as “ MAGNALEAN” or “ MAGNALEAN EXTREME”, or any other product brand name as your keywords in your paid promotion.
You agree to follow all laws and guidelines including various FTC guidelines for affiliate marketing.
- No spamming is allowed.
- No emailing to lists that you did not build yourself unless that list is an official solo advertisement sold as such. You my not purchase leads and then send out emails to leads as such.
- You must comply to all Federal, state and local marketing laws.
- If you are signing up for our affiliate program obtaining your affiliate links through a 3rd party platform like Clickbank.com then you must comply to all of their rules. We are not responsible for any of Clickbank’s or other 3rd party affiliate platform decisions in regards to your affiliate marketing and or your affiliate account.
- Press releases are not allowed in any way shape or form.
- You may not create apps for sale or for giveaway using the our brand.
- You are also not allowed to create any other products using our brand name, for sale or for giveaway (in other words – no free reports, books, workouts, or apps branded with our brand name whatsoever). Therefore do not imply that our products is yours in any way shape or form.
- You may not promote our products on auctions sites (i.e. ebay.com), retail sites, app stores, Amazon, Google, iTunes or any other similar site.
- Classified ads sites and safelist promotion is prohibited.
- No direct linking to cart or order forms is permitted. Customer must see our offers sales promotion before purchase.
- Affiliate agrees to indemnify, defend and hold harmless MAGNALEAN.com, Velocity Living LLC, it’s owners, partners and associates, from any lawsuits, investigations, claims, or complaints arising from any such violation or alleged violation of the terms above.
- MAGNALEAN.com, Velocity Living LLC, it’s owners, partners and associates shall not be responsible to review, approve or disapprove any ads, websites or any affiliate marketing activities. You as an affiliate are obligated to obey all terms of this agreement and you agree to do so by signing up for our affiliate program and or by obtaining your affiliate link.
- Affiliate marketing efforts, advertisements or any affiliate activity’s compliance is your responsibility as an affiliate.
- Affiliate agrees to have legal review of all Affiliate Ads for all necessary and required compliance. Affiliate agrees to take take full responsibility for their advertising.
- Any affiliate caught breaking any of these terms can be banned by us or the 3rd party affiliate platform such as Clickbank.com for example along with the immediate forfeiture of all commissions in addition to the shutting down of affiliate’s account without reinstatement. Additionally, if affiliate has caused us any legal troubles whatsoever that affiliate is also liable not only by accusers but by us as well.
1.01 The owners of this site is the sole and exclusive owner of all right, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade names, trademarks to all literary works, computer software programs, products, goods and services (including and all future versions thereof) currently entitled the (“Product”). Product refers to the singular as well as the plural.
1.02 The owners of this site intends to sell and distribute the Product electronically and or physically using, in part, third party affiliates who will establish links to The owners of this site’s Web site where the Product will be offered for sale.
1.03 If, in the future, The owners of this site sells and distributes any other goods or services through the Internet, it shall offer to its Affiliates at that time the opportunity to become Vendor-Affiliates of such goods or services. Such goods or services shall be included in the defined term “Product” and this Agreement shall then also apply to such goods or services.
ARTICLE 2. PARTICIPATION & REPRESENTATION
2.01 The owners of this site hereby grants to the Affiliate the non-exclusive and revocable right to market and advertise the Product and to establish links to The owners of this site’s Web site, in accordance with this Agreement.
2.02 The Affiliate shall diligently and continuously market and advertise the Product through the Internet and shall develop, operate and maintain links from its site to The owners of this site’s site at its sole cost and expense.
2.03 The Affiliate represents and warrants to The owners of this site that this Agreement has been duly and validly executed and constitutes and shall continue to constitute a legal obligation, enforceable in accordance with its terms.
ARTICLE 3. AFFILIATE SALES COMMISSIONS
3.01 If, as a result of a direct advertising effort of the Affiliate, a referred customer of the Affiliate or of a member of the Affiliate’s team (as defined) orders and pays for the Product or other goods or services sold by The owners of this site in the future, The owners of this site shall pay the Affiliate a sales commission determined in accordance with the Affiliate Compensation Schedule which follows this Agreement and which forms an integral part of it. The commission is based upon the paid selling price of the purchased goods or services before tax and excluding returns (“Sales Commission”).
3.02 AN AFFILIATE SHALL NOT RECEIVE A SALES COMMISSION FOR A PRODUCT PURCHASE MADE, DIRECTLY OR INDIRECTLY, BY HIMSELF/HERSELF. The owners of this site, in its sole and complete discretion may create multiple level compensation plans. In the case of a multiple level compensation plan, an Affiliate’s Team means all Affiliates introduced to the Program by the Affiliate in question. In the event that more than one Affiliate claims the same commission for a sale, The owners of this site shall select the Affiliate which shall receive the compensation.
3.03 The Affiliate shall be responsible for all taxes and other similar levies applicable to the Sales Commission pursuant to any law or regulation. The Affiliate shall report the Sales Commission to its taxation authorities as required by law.
USA residents you must submit a 1099 to us in order to be paid commissions.
3.04 The owners of this site shall post and maintain, on a current basis, a designated password-protected Web page for each Affiliate showing the Affiliate’s participation in the Program including number of potential customers referred by it and an estimate of the Sales Commission owing to it. The owners of this site shall or the 3rd party affiliate platform managing this affiliate program shall mail or otherwise transmit the Sales Commission representing the amount payable for the sales completed in the previous month as per terms stated within the affiliate platform.
Sales statistics of the referred transactions, supporting the amount paid, shall be made available on the Affiliate’s private site. Affiliates will receive the Sales Commission in US Dollars. For administrative convenience, if the Sales Commission is less than the amount set on our affiliate page in dollars in a month, it shall be mailed during a future month.
If an Affiliate maintains a balance of less than the minimum dollars of Sales Commission in a period of 12 consecutive months the Sales Commission shall be forfeited. Sales Commission overpayments may be deducted from future payments or shall be reimbursed by the Affiliate.
ARTICLE 4. AFFILIATE SITES AND PROMOTION METHODS
4.01 The Affiliate shall be solely responsible for all materials that appear on its site. It shall strictly adhere to all applicable laws and regulations in conducting its business and more specifically in marketing and advertising the Product. Without restricting the generality of the foregoing, the Affiliate shall not send unsolicited e-mail and shall not send e-mail or any other communication to a recipient if the recipient has requested that it discontinue such communication, nor shall it send or display on its Web site any material that may be considered to be harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful.
4.02 The owners of this site shall have the right, but not the obligation, to pre-approve the graphics and logos used on any Web site which is linked to its site. Furthermore, the Affiliate shall annotate its site with appropriate copyright, trademark and other similar notices, which shall be approved by The owners of this site. If the Affiliate specifies a price point for the Product in its marketing and advertising, it shall ensure that it is updated regularly to reflect all price changes.
4.03 The owners of this site shall have the right to monitor the Affiliate’s Web site at any time and from time to time to determine if it is in compliance with the terms and conditions on this Agreement.
4.04 The Affiliate agrees not to use any predatory advertising methods designed to generate traffic from sites that they have not contracted with in the online promotion of The owners of this site’s products, services or affiliate program. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site owner’s, knowledge, permission, and participation. Examples include, but are not limited to, keyword parsing, browser plugins such as TopText and Surf+, banner replacement technology such as Gator, browser spawning technology that is not web site dependent, cloaking, or any sort of method whatsoever involved in deception, lying, cheating and stealing . Participation in predatory advertising programs will be cause for the affiliate’s immediate termination.
ARTICLE 5. ORDER PROCESSING
5.01 The owners of this site shall establish the procedures of selling the Product including, without limitation, the placement of orders, pricing, payment terms, processing, delivery, returns etc. Without restricting the generality of the foregoing, The owners of this site shall have the right to cancel, suspend or delay any order for the Product, including the right to discontinue selling the Product at any time.
ARTICLE 6. LICENSES AND GOODWILL PRESERVATION
6.01 The owners of this site shall have the right, but not the obligation, to approve, in its sole and absolute discretion and with due regard to the protection and preservation of the goodwill of the Product any promotional, advertising or marketing item used by the Affiliate. The Affiliate shall make all deletions and modifications suggested by The owners of this site on any site where the Product is mentioned.
6.02 The Affiliate shall acknowledge and clearly identify and respect that all proprietary information, trademarks, copyrights and all other similar rights in and arising out of the Product are, and shall continue to be, the exclusive property of The owners of this site. In the event the Affiliate learns of any claim or allegation that the Product infringes upon or violates any intellectual property or proprietary rights of a third party, or contains any unlawful, libelous, or untrue statement, it shall immediately notify The owners of this site so as to enable The owners of this site to defend, settle or otherwise resolve the claim or allegation in a manner that The owners of this site deems appropriate in its sole discretion.
6.03 Customers who purchase the product(s) through this affiliate program shall be deemed to be customers of the owners of this site, and the Affiliate shall refer all product-related questions, requests or queries to the owners of this site. The owners of this site shall have the right to utilize the Affiliate’s name and logo to advertise, market, promote and publicize in any manner the product.
6.04 The Affiliate shall not make or give to a customer or a potential customer any warranty, representation or other statement concerning the product without first obtaining the written consent of the owners of this site.
ARTICLE 7. RELATIONSHIP OF PARTIES
7.01 While the parties shall work hand-in-hand for the benefit of both, the parties acknowledge and agree that the affiliate shall, from a legal perspective, act as and shall be an independent contractor and not an employee or agent of the owners of this site. Nothing in this agreement shall create a partnership, joint venture, agency, or franchise between the parties in the legal sense of these terms. The Affiliate shall not sign any document in the name of or on behalf of the owners of this site nor shall it hold itself out as being an agent of the owners of this site or as having apparent authority to contract for or bind the owners of this site.
ARTICLE 8. LIMITATION OF LIABILITY
8.01 In no event shall the owners of this site be liable for special, incidental, consequential or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of goodwill arising out of or in connection with this agreement or the product(s), whether or not such party has been advised of the possibility of such damages. The owners of this site shall not be liable for any damages if, for any reason whatsoever, its web site fails or is non-operational for any reason whatsoever.
ARTICLE 9. TERM OF THE AGREEMENT
9.01 In the event that the affiliate breaches any of the undertakings or obligations set forth in this agreement and does not remedy same within 7 days notice from the owners of this site, it shall automatically forfeit the sales commission then receivable or receivable at any time in the future. But in the event the affiliate is breaking the law, lying, cheating, hacking or stealing in any way shape or form or causing damage to our product’s brand and company’s brand, we reserve the right to instantly terminate the affiliate’s account automatically forfeiting the sales commission then receivable or receivable any time in the future. The owners of this site shall, in addition, have the right to terminate this Agreement and shall retain all other rights and remedies available at law or in equity.
9.02 This Agreement shall automatically terminate if the Affiliate ceases to actively market the Product for a period of 90 days. The owners of this site shall have the right but not the obligation to terminate this Agreement with an Affiliate whose sales commission in a calendar year was in the bottom 20 percent of sales commission of all Affiliates in the calendar year in question, by giving the Affiliate 90 days notice of termination. In such cases the sales commission owing, representing the sums earned shall be paid even after termination of this Agreement. The Affiliate shall have the right to terminate this Agreement at any time upon written notice to the owners of this site.
9.03 As soon as notice of termination of this Agreement is given or upon termination as herein provided, the Affiliate shall immediately cease its marketing and advertising of the Product and shall forthwith eliminate all mention and references to the product and all links to the owners of this site. Pending the completion of the foregoing, the owners of this site may hold in abeyance the sales commission.
9.04 If we, magnalean.com, Velocity Living LLC decide that we do not want to run this affiliate program anymore we can close it down for whatever reason if this affiliate program is not bringing forth the desired benefit. If we do decide to terminate the affiliate program we will notify you according to the email you used in signing up for our affiliate program and we will pay any remaining commissions over the minimum commission payout threshold.
ARTICLE 10. MODIFICATION AND APPLICATION OF AGREEMENT
10.01 The owners of this site may, in good faith, modify any of the terms and conditions contained in this Agreement (including the Affiliate Compensation Schedule), at any time and in its sole discretion, by posting a change notice or a new agreement on its Web site. If any modification to this Agreement is not acceptable to the Affiliate, its only recourse is to terminate this Agreement. The Affiliates continued participation in the Program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change.
10.02 If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
10.03 The Affiliate shall not assign, transfer or convey this Agreement or any part thereof to any other party without The owners of this site’s consent which shall not be unreasonably refused.
10.04 This Agreement shall endure to the benefit of and be binding upon the parties hereto and their respective heirs, legatees, executors, legal representatives, successors and assigns.
10.05 This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, agreements and understandings, if any. For greater certainty but without restricting the aforementioned, information contained in any of the following shall not form part of this Agreement, namely:
Descriptions of the Program (including the descriptions of Sales Commission payable to the Affiliates) on The owners of this site’s Web site(s);
E-mail communications from The owners of this site or from any of its employees, officers or directors;
Information in the Product, or in marketing/informational documents.
ARTICLE 11. INDEPENDENT INVESTIGATION
11.01 The Affiliate acknowledges that it has reviewed this Agreement and agrees to all its terms and conditions. The Affiliate understands that The owners of this site may at any time solicit customer referrals on terms that may differ from those contained in this Agreement or operate Web sites that are similar to or compete with the Affiliate’s Web site. The Affiliate has independently evaluated the desirability of participating in the program and is not relying on any representation, guarantee or statement other than as set forth in this Agreement.
ARTICLE 12. MISCELLANEOUS PROVISIONS
12.01 Any reference in this Agreement to gender includes all genders and words importing the singular number only shall include the plural and vice versa.
12.02 The insertion of headings and the division of this Agreement into Articles and Sections are for convenience reference only and are not to affect its interpretation.
12.03 Each of the parties hereto covenants and agrees that it shall execute and deliver such additional agreements and documents and do such acts and things as may be reasonably necessary fully and effectually to carry out the intent and purpose of this Agreement.
12.04 Time shall be of essence of this Agreement.
12.05 All notices, requests and other communications shall be deemed to have been received when posted by the owners of this site on its web site. It shall also be deemed to have been received on the next business day if transmitted by Telecopier, e-mail or any other form of electronic mail to the last known electronic address of the intended recipient.
The parties have required that this Agreement and related documents be drafted in English.
ARTICLE 13. AFFILIATION AND COMPENSATION DISCLOSURES
As of December 1st, 2009, The Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, demanding that all Endorsers and Testimonial Givers divulge the nature of their compensation and affiliation with the product company or manager.
Therefore as part of this affiliate agreement, you agree to ‘Clearly and Conspicuously’ divulge how you are monetarily compensated through your referral sales, and that you receive(d) any other compensation from The owners of this site, monetary or otherwise, as the case may be, whenever you put forth any endorsement or testimonial in any media with the purpose of endorsing our products or services with the intent to sell them to consumers.
You further agree to use only the promotional materials that have been sanctioned by The owners of this site and to take full responsibility for your own actions should you be investigated for not adhering to the Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, and shall not hold The owners of this site responsible in any way for actions or use of promottional materials not sanctioned by The owners of this site
You further agree that you have read and understand the new Guidelines for Endorsements and Testimonials 16 CFR Part 255 (which can be found at http://www.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf ) that the Federal Trade Commission of the United States of America has set forth and which go into effect on December 1st, 2009. And you also hereby agree to uphold ALL of the provisions contained in that document while endorsing or promoting products or services for The owners of this site
Failure to do so may (at the sole discretion of the owners of this site) result in immediate termination of your affiliate account, and forfeiture of any commissions accrued.
AFFILIATE COMPENSATION SCHEDULE:
As seen on our affiliate page.
We will reject or terminate the affiliate account anyone who uses marketing techniques that…
Exploit sex to sell.
Spams. Lies. Cheats. Steals. Cloaks. Misuses images and does not comply by various image licence. Misrepresents product. Makes false claims. Makes statements and or guarantees claiming future success for prospect, the potential customers. Uses fake advertorials. Buys leads to email.
Are hateful in any way.
Are harassing or use spam in any way, shape, or form.
Are libelous or defamatory.
Are threatening or abusive.
Are illegal or on the borderline.
Violate the copyrights or trademarks of others.
Are in such poor taste that we do not want the association.
In summary, don’t lie cheat or do anything illegal – that will open up us and you to liability and we will most certainly go after you if you get us in trouble by breaking laws, lying cheating stealing etc. You will also forfeit your commissions including past commissions if an adverse legal scenario occurs or even by someone developing some sort of health complication do to your marketing that misrepresent the product.