MagCast Affiliate AgreementRead below for rules about affiliate promotions.
We LOVE our affiliates and want you to succeed in our promotions. We also want to serve our clients with 100% integrity and compliance with all laws, including FTC guidelines.
As an affiliate we expect you to conduct yourself with professionalism and care for your customers, which is why we've detailed these Terms and Conditions for you. We also want you to understand all of the prizes and payments associated with our promotions, so watch for additional information related to any of our specific promotions. Each promotion is unique and time-bound, so watch your email for full details related to each launch.
Please read this entire agreement before participating in our launches. It will help you!
Thanks for your support!
Affiliate Agreement Terms & ConditionsBy participating in the marketing (the "Promotion") of any of our products or programs (the "Product") conducted by Media in Motion LLC (the "Promoter") you (the "Affiliate") agree to the following Terms and Conditions (the "Agreement").
ELIGIBILITYAffiliates must be 18 years or older to participate. Promoter reserves the unconditional right to accept or deny any Affiliate who enters the Promotion on any of the Promoter's website at the "Enrollment Site" or who drives traffic to any of the Promoter's marketing websites (the "Sites").
Affiliate must be in good standing with the Federal Trade Commission (the "FTC") and the Promoter and in compliance with all FTC guidelines and the terms and conditions of this Agreement.
Affiliate agrees and understands that if its marketing, websites, emails or any other communications associated with or for this Promotion are deemed inappropriate that Affiliate will be deemed, at the sole discretion of the Promoter, ineligible to participate in the Promotions and disqualified from receiving any recognition, commissions, prizes, or any other compensation or further communication from the Promoter.
Affiliate will be immediately removed from all Promotions and from Promoter's Affiliate Program, resulting in a forfeiture in all contests and commissions and will be in violation of this Agreement IF its marketing for this Promotion or for its own sites:
- contains, promotes or links to sexually explicit or violent material
- promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age
- contains unlawful material, including but not limited to materials that may violate another's intellectual property rights, or links to a site that contains such material
- contains information about, promotes or links to a site that provides information or promotes illegal activity
- uses Promoter's videos, images, banners, likeness, trademarks, or brand name in or on their websites, thus creating market and consumer confusion (which is illegal and generally referred to as copyright or trademark infringement).
To be clear, you may not use our banners, images or videos, unless specifically supplied to you, as if they are your own on your own sites or any other sites, it may cause a customer to opt-in thinking they are opting in to our communications rather than yours.
Clearly, the best practice to generate sales is to establish your own brand, identity, and sites, then to authentically recommend our program, not pretend to be us.
- uses any "bots" or automated link generating, spamming, or social media spamming techniques to perpetuate their links automatically or anonymously. You should only participate in this competition by sending your link directly to your email list, your social media contacts, or through ads you have placed that comply with all the rules on this page.
- defames, slanders, or posts rude or inappropriate comments about Promoter or any public figure or member of the expert community.
- uses rude communication with Promoter's staff
- uses any of our brands in the root of a URL link. For example, this means you can't use "digitalpublishingblueprint" in your website domain, like this: www.MegaDigitalPublishingBlueprint.com.
However, this is acceptable: www.Example.com/digitalpublishingblueprint.
So, to be clear, you can't have any of our brand names, or any misspelling or alternative use/spelling of our brand names in the domain name itself. Other examples:
ACCEPTABLE UNACCEPTABLE Example.com/DigitalPublishingBlueprintReview/ DigitalPublishingBlueprintReview.com Example.com/DigitalPublishingBlueprintBonuses/ DigitalPublishingBlueprintBonuses.com Example.com/DigitalPublishingBlueprintExtras/ DigitalPublishingBlueprintExtras.Example.com
- Promoter reserves the right to disqualify Affiliates from our Affiliate program, cancel pending commissions based on inappropriate behavior or marketing by the Affiliate, and to amend this Promotion or Agreement at any time without notification to Affiliate.
SPAM AND UNSOLICITED EMAILAffiliate agrees not to send any unsolicited email to anyone during the Promotion. Promoter has ZERO tolerance towards Affiliate spam.
If Affiliate is caught spamming or using automated or anonymous social media posting, they'll be removed from the Promoter's Affiliate Program, and their commissions or pending commissions will be canceled and/or forfeited.
Spam is defined as emailing or posting to anyone who hasn't requested information via email or any website, and also includes "search engine spam" or spamming social media with links. Affiliate agrees to abide by all Federal Trade Commission Guidelines and the U.S. Federal Can-SPAM Act.
EARNING DISCLAIMERWe've taken every effort to ensure we accurately represent our Promotion and its potential to help you earn commissions as described below; however, there's no guarantee that you'll get any results or earn any money whatsoever during this Promotion, and we don't purport this as a "get rich scheme."
Nothing on our Sites or in this Promotion is a promise or guarantee of earnings. Your level of success in attaining results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, list, and financial situation.
Put simply, we can't and don't guarantee your success, income level, or ability to earn revenue.
You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our sites or in our Promotions are simply our expectations or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are just our opinion. As stipulated by FTC law, we make no guarantees that you'll achieve any results from our ideas or Promotion and we offer no professional, legal, or financial advice.
COMMISSIONSAffiliate will receive the posted dollar amount of commission for every sale they refer during the Promotion Period only that's directly referred by the Affiliate to the Promoter's Site through the Affiliate's unique link or cookie.
This ONLY includes sales that are driven from the Affiliate to the Promoter's sales sites and as tracked through the Affiliate's unique link provided by the Promoter or the cookie resulting from that link during periods when Affiliates are eligible for commission.
Commissions are not paid on, and will not include, a single sale to the Affiliate themselves, meaning Affiliate cannot purchase the Product for their own use through their link and receive a commission on that sale. Affiliate commissions are counted and final numbers are deemed final at the sole discretion and decision of the Promoter.
Commission payments will be sent to Affiliate by the Promoter once every 45 days following the Promotion Period until the Affiliate has been paid in full.
This allows time for accounting after Promoter's 30-day satisfaction guarantee policies. Because multiple monthly payments are allowed by customers who purchase the Product, Affiliate should expect to receive approximately 50% of each collected monthly payment every 45 days until the customer has paid the Promoter in full for the Product. If a sale is canceled or refunded, any paid commission will be deducted from the amount owed to the Affiliate and any subsequent payment.
Affiliate commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud or other fraud, or returned Product. Promoter reserves the right to change the dates of the commission payout.
Affiliates must complete the W-9 and any tax information sent by the Promoter before receiving any commission payments.
Again, commissions are paid ONLY on the current promotion during the specified dates of the promotion. Any sales that Promoter makes to leads after the promotional period ends don't qualify for commissions, so please pay attention to our listed promotional period for each launch.
Promoter is NOT responsible for Affiliate using or maintaining their affiliate links and only sales tracked through the Promoter's system will count towards the Affiliates commissions.
All sales and commission numbers are tallied by the Promoter and credit due to the Affiliate and all the final sales and commission numbers are at the sole discretion of the Promoter.
Promoter makes every reasonable effort to track accurately and pay commissions for all sales that come from Affiliates but isn't responsible nor under any circumstances will be held liable for any technical difficulties, outside events, actions by other affiliates, or other uncontrollable events that may disrupt or interfere with Promoter's ability to do track sales or pay commissions.
Under no circumstances will Promoter be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits that result from Affiliate's participation in this Promotion.
Affiliate will not receive any commission or revenue on clients driven to the Promotion or Promoter following the Promotion Period. Commissions are solely available for this Promotion under this Agreement.
LINKSPromoter will provide Affiliate with Links to this Promotion as well as any related banners, graphics, or text ads necessary to promote and offer the Product to the Affiliate's customers via the Affiliate's Sites or emails. Affiliate may ONLY utilize their unique link provided by the Promoter on the Affiliate's own websites or emails.
Affiliate may NOT post their Link on other websites that are not owned or maintained by the Affiliate or the Affiliate's brand, with the exception of ads or to their social media connections. Spamming the internet with automated or anonymous links outside of Affiliate's direct email list, websites or social media pages will be considered a violation of this Agreement and result in a denial of all Affiliate benefits, prizes and commissions.
Affiliate may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referral commissions. Affiliate may also not purchase the Product through their link for personal use and receive a commission on that sale. Links are intended to drive new customers to the Promotion.
RESTRICTIONSAffiliate may not use ANY copyright, trademark, service mark, or general branding of the Promoter without full disclosure and written permission of the Promoter.
Affiliate may not:
- read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Promoter by any person or entity
- take any action that could reasonably cause any customer confusion as to Affiliate's relationship with Promoter, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring
- frame the Affiliate's website to look like the Promoter's website or to utilize the Promoter's branding in anyway that would confuse customers or the general public as to who is hosting or promoting such a website
- seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Promoter or the trade or service marks or names of Promoter's primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter
- seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Promoter intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter
- spam automated or anonymous links to social media pages or search engines. Promoter may cancel the Affiliate's participation in this Promotion, withhold or cancel commissions, or take any other action at its sole discretion should Affiliate conduct any of the behavior above or fail to operate with integrity or within the guidelines of the FTC.
PRIZE DETAILSAll prizes associated with this Promotion will be distributed within 90 days of the Promotional Period at the sole discretion of the Promoter. Promoter will distribute final and full prize rules and releases to the winners of the prizes at the end of the Promotion. Promoter reserves the right to change prizes without notice.
All Affiliates who are in the top 10 for sales will be notified that they have won a prize within 10 days of the end of the Promotional Period and will be responsible for any taxes associated with receiving a prize based on IRS guidelines and their local and state tax laws.
Promoter will send a prize release to each applicable Affiliate winning a prize with further details and releases needed to accept the prize.
RELATIONSHIP OF PARTIESNothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between the Parties. Affiliate is participating in the Promotion as a fully independent entity and is responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licensees, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workman's compensation insurance.
Under no circumstances will Promoter be held liable for any actions or results of the Affiliate.
CONFIDENTIALITYAffiliate hereby agrees not to share, use, copy, adapt, alter, distribute, duplicate, or part with possession of any of the Promoter's confidential information which is not directly provided or approved by the Promoter, or any confidential information that is disclosed or otherwise comes into its possession under or in relation to this Agreement.
Confidential information includes, but isn't limited to the following types of private information and other proprietary information of a similar nature about the Promoter's business: sales figures, passwords, Promoter list size, list contents, ideas, stories, activities, curriculum, seminar format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, and other similar information that is proprietary to and confidential information of the Promoter.
Affiliate shall not disclose his/her terms of this Agreement to any third party other than to the Affiliate's employees and agents who
- have a need to have access to such information
- agree in writing to comply with the confidentiality provisions of this Agreement.
- that's part of the public domain at the time of disclosure
- that becomes part of the public domain after the Promotion without any unauthorized act by or omission of Affiliate
- if Affiliate can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure
- if permission to use or disclose said confidential information is first obtained by Affiliate in writing from Promoter
- if Affiliate is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information.
INDEMNIFICATION AND LIABILITYAffiliate agrees to indemnify and hold harmless the Promoter from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which Affiliate may be subject to or incur in connection with the Promotion to be rendered, except those claims that are judicially determined to have resulted from Promoter's gross negligence or willful misconduct.
Under no circumstances will Promoter or their assigns be held liable for Affiliate's injury or death or any loss or damage of personal belongings or earnings resulting from its providing of the Promotion or from Affiliate's participation in any of its promotions, galas, seminars or live events ("Events") should the Affiliate attend them.
Affiliate hereby accepts all risk to its health including injury or death that may result from participating in any Promoter Events and hereby releases Promoter and their officers, employees, interns, Affiliates, sponsors and representatives from any and all liability to his or herself and their personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to Affiliate's property and for any and all illness or injury to Affiliate's person, including death, that may result from or occur during Affiliate's participation at the Events, whether caused by negligence of the Promoter or its representatives.
Affiliate acknowledges and agrees to be financially responsible for any medical or legal bills that may be incurred as a result of participation in the Promotion or Events including any financial loss or emergency medical treatment. Affiliate understands that Promoter does not give legal or financial advice and under no circumstances will be held liable for results related to the Promotion or Events.
TERMINATIONThe relationship between the Parties may be terminated immediately by either party; however, it's understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.
ENTIRE UNDERSTANDING AND DISPUTEThis Agreement constitutes the entire understanding of the Parties and may be modified only by the Promoter. This Agreement shall be construed and interpreted according to the laws of the State of California in the United States of America and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the Promoter and to the Affiliate shall include their heirs, successors, assigns, and personal representatives.
In the event of a dispute between the Parties regarding this Agreement, any such disputes, controversies and claims arising out of or relating to this Agreement, it shall be settled and determined by arbitration. The rules governing this arbitration shall be according to the American Arbitration Association (AAA) and any arbitration needed will be conducted in California.
The parties further agree that the arbitration shall be conducted before a three panel arbitration board wherein each party to this agreement selects one arbitrator and those selected arbitrators select a third arbitrator. The decision of the arbitration shall be final and each party agrees to be bound by the arbitration board.
SEVERABILITYIf any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or un enforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.
CONTACTPromoter may be contacted at Email Address: affiliatesATMagCastAppDOTcom
(Please replace AT with @ and DOT with .)
or via its postal address:
Media in Motion LLC
800 S. Pacific Coast Hwy
Suite 8 / 214
Redondo Beach, CA 90277