The Affiliate program terms and conditions below constitute a legal agreement between the affiliate program participant (the Affiliate) and Magicworks IT Solutions Private Limited (herein referred to as “The Company”), legal owner of the domain name and web site MagicWorksHost.Com (herein referred to as “The Website”), each referred to herein as a “Party” and collectively as the “Parties”. The Affiliate program (herein referred to as “The Program”) allows the Affiliate to promote the Company’s services and receive commissions according to the terms below. The Affiliate’s agreement to be bound by these terms is acknowledged by the Affiliate’s sign up and participation in the program.
1. Participation in the Affiliate Program Terms
To enroll in the Program the applicants must sign up for an affiliate account via the MagicWorksHost.com website. All applications can be manually reviewed and in up to two business days MagicWorksHost will decide in good faith if the application will be accepted or not. Applications may be rejected if we determine that an applicant is unsuitable for the Program for any reason, including, but not limited to any previous history of the applicant of not complying with MagicWorksHost affiliate program terms, if the applicant’s website or activity can be related with any unlawful, defamatory, obscene, harassing or otherwise objectionable activity, such as facilitating illegal activity, promoting violence, promoting or assisting others in copyright infringement, participating in sending unsolicited email etc.
2. Affiliate Responsibilities Related to the Affiliate Account Data
- The Affiliate is responsible for providing full and accurate information upon registration for the affiliate program and keeping it up to date at any time in their affiliate account. Such information includes, but is not limited to: contact details, payment details, etc. Failure to provide the correct addresses and payment information may result in the forfeiture of any commissions. Commission fees that are returned for invalid or insufficient payment information or for other reasons may be forfeited.
The company reserves the right to contact the affiliate and request additional data regarding the promotional practices used by the affiliate, to which the affiliate is required to provide truthful and detailed information. Failure to provide accurate and truthful information in the registration form or when requested by the company may result in suspension of the affiliate account and all commission payments due by the Company to the Affiliate.
- The affiliate should act in good faith in his affiliate practices and refer customers in good standing. Customers in good standing:
– have provided valid contact information;
– have active accounts, with no abuse case open, not flagged as fraud or high fraud risk;
– actively use their accounts
If the company detects a pattern in the practices used by the affiliate that results in referring customers that are not in good standing, it reserves the right to suspend the affiliate account and not pay out all commission payments due by the Company to the Affiliate.
- The affiliate should not take actions that result in a potential revenue loss for the company. If the Company detects a pattern in the practices used by the affiliate that result in possible revenue losses, it reserves the right to suspend the affiliate account and not pay out all commission payments due by the Company to the Affiliate.
- The affiliate should not engage in the advertisement of business-opportunity sites, using marketing practices that we deem to be unethical or likely to attract fraudulent signups and/or signups with a very low likelihood of renewal.
- The affiliate should not use on behalf of their customers, or encourage their customers to use copyrighted or third-party’s material on their websites without the authors’ agreement. The Company reserves the right to suspend all accounts referred by the affiliate that contain copyrighted or directly copy-pasted third-party’s materials might be suspended, the affiliate account itself and all commission payments due by the Company to the Affiliate.
- The Affiliate should use only advertising materials approved by the Company. Any material that is not provided officially via the Affiliate User Area and not exclusively approved by a Company representative in a written form is deemed unapproved. The allowable promotional material may contain MagicWorksHost’s trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, the Affiliate is granted a limited, non-exclusive, non-transferable license to access and download such promotional material and other designated promotional materials for placement on the Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by the Company. In utilizing the promotional material, the Affiliate agrees to cooperate fully with the Company in order to establish and maintain approved promotional material.The inappropriate ways of advertising include, but are not limited to:
- Using any illegal or spam method of advertising like unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.
- Bidding on keywords and phrases containing the “MagicWorksHost” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing) without prior approval by The Company.
- Providing cash backs, rewards or any other kind of incentives to obtain the sale without prior approval of the Company.
- Using the Company advertising materials, trademark or name in a way that is deteriorating for the Company’s image.
- Using iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through.
The Company has the sole right to decide if a promotion method used by the affiliate is appropriate. In case the Company finds an advertising method used by the Affiliate for inappropriate this could result in warning, suspension or possible affiliate account termination with no affiliate commission payments.
- Affiliate web sites must NOT contain lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, and all content of an adult nature. The designation of any materials as such described above is left entirely to the discretion of the Company. Affiliate web site(s)’ domain name(s) must NOT contain keywords and phrases containing the “MagicWorksHost” trademark or any other variations or misspellings confusingly similar to the Company trademark, name or domain name. The Company reserves the right to suspend all affiliate accounts and invalidate commissions due to affiliates that do not comply with this item.
3. Affiliate tracking cookies
4. Terms for Earning Affiliate Commissions
The Affiliate is entitled to receiving the appropriate affiliate commission of the sales made by the Company, which correspond to ALL the terms below:
- The sale was made as a result of the active referring efforts of the affiliate. The company accepts this is true in any of the following situations:
- If at time of order the customer has an active cookie indicating that the affiliate is the last one that has referred the customer to the Company’s website and at the same time the customer has not reached the Company website through a search engine with a search string not containing the company name in it.
- If the affiliate claims that a customer has been referred by him/her and there are no objections to that fact by the customer and the Company does not have information that attributes the sale to another advertising channel.
- The sale was made to a person, who has not been using neither the Company’s hosting services nor has he ever created an affiliate account with the Company before.
- The sign up process of the customer was not completed by the affiliate himself.
- The sale is for any of the following hosting services: Basic, Starter, Silver, Gold or Platinum shared hosting, Cloud Hosting, Dedicated servers, and Reseller package. Other hosting service sales, which may include but are not limited to domain names or additional features offered by the Company, are not subject to commissions.
- The sale is for a hosting item either initially ordered for one month or with item price equal to or bigger than Rs 500/-. Sales for periods longer than one month whose total hosting service price is less than Rs 500/-are not subject to commissions.
- The referred customer has maintained his account active, not closed by the customer, not suspended by the company for fraud, abuse or other inappropriate usage, with domain name pointed to a MagicWorksHost server and a website with user uploaded content different from any default installation via automated installation tools provided by the Company, for the required period listed below depending on the initial customer order period:
- More than 30 days for accounts initially ordered for periods longer than one month
- More than 90 days for accounts initially ordered for one month period
- The initial order payment and any related service renewal payments of the referred customer are fully processed and are not subject to refund or charge back.
The Company reserves the right to deem invalid any sale upon its own discretion without being liable for further explanation and justification.
5. Terms for Earning and Payment of Special Signup Bonus
Sometimes the company may offer special sign up bonuses to its affiliates. In order for the affiliate to be eligible for such bonuses all the following conditions should be met:
- The affiliate should have been offered such a bonus at sign up.
- The affiliate should have placed a material linking back to the company and should have informed the company of the existence of this link in the first week after the initial affiliate sign up.
- The bonus is actually earned when at least one sale commission is approved and paid to the affiliate by the company. If no legitimate sale is made no bonus is owed by the company either.
- The bonus should be earned in 6 months at most after the affiliate sign up. If no sale is approved and paid in 6 months the bonus will no longer be available.
6. Terms for Affiliate Commissions Payment
Unless custom agreement exists the affiliate commissions will be paid by the Company based on the structure outlined on the Affiliate program sign up page.
The Commission Rates are subject to change upon e-mail notice to the Affiliate. Commissions deemed due and owed to the affiliate under the program terms outlined in section 5 will be paid directly by the Company after any holding period and in accordance with a regular payout cycle. The regular payout cycle is once a week. Affiliate can be paid via NEFT Bank Transfer Method
The Company reserves the right to withhold any payouts of commissions for sales that are potentially fraudulent as determined by the Company in its sole discretion.
The Company reserves the right to suspend payment of Commissions at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms in this Agreement by the Affiliate or a Referred Customer(s). The Company reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and canceled purchases. Where no subsequent Commission Fee is due and owing, the Company will send the Affiliate a bill for the balance of such refunded purchase upon termination of the program or termination of the Referred Customer.
7. Relationship of parties
The Parties under this Agreement are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the Parties. The Affiliate has no authority to make or accept any offers or representations on the Company’s behalf. The Affiliate cannot make any statement, whether on the Affiliate web site or otherwise, that reasonably would contradict anything in this section.
8. Termination of Affiliate Account
The Affiliate can cancel his/her Affiliate account at any time by contacting the Company via the Affiliate User Area. The Affiliate account is deemed canceled after a written confirmation from the Company’s team has been sent to the Affiliate. Any commissions due at the time of the Cancellation will be sent to the affiliate with the next weekly payout.
The Company can cancel each Affiliate account:
- With 7 day prior notice. Any commissions due at the time of the Cancellation will be sent to the affiliate with the next weekly payout.
- Immediately with no prior notice, if the affiliate does not comply with the Affiliate program terms. In such case no prior warning or commission payments are due.
- Immediately with no prior notice, if the affiliate has not generated any sales to the company for a period more than 6 months.
After the cancellation of an affiliate account the Company will no longer track the sales associated with the affiliate and will not owe any commissions to the affiliate for future sales that may be associates with him/her.
9. Limitation of liability
YOU AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO THE AFFILIATE UNDER THIS AGREEMENT DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
201, Vasant Bahawa, Survey No. 20,
Near La Valle Casa,
Bavdhan, Pune, Maharashtra, India 411021.
Affiliate Program Terms Change
The Company reserves the right to change the above terms at any time. Such changes will become effective and binding after their posting on the Company’s website. The Affiliate agrees to regularly review the Affiliate program terms and conditions and be aware of the changes made. By continuing to participate in the Affiliate program after a revision has been posted, the Affiliate agrees to abide by them.