Marvin’s Magic Ltd, a company incorporated in England and Wales under registered number 03879058, whose registered office is at 3 London road, Markyate, Hertfordshire, AL3 8JL
Promotional content and website links
Affiliates are authorised on a non-exclusive basis to promote Marvin’s Magic (MM) products to its website visitors using promotional content.
MM agrees to provide Affiliates with promotional content solely for the purposes of promoting MM products.
Use of MM promotional content is subject to the restrictions of an agreement, MM can object to any use of promotional content if it deems the use to be inappropriate or inaccurate for any other reason at their discretion.
Each party retains sole and exclusive ownership and control over their own website and is solely responsible for maintaining and updating their websites
MM is not liable in any way for any claims relating to use of the promotional content by Affiliates and Affiliates agree to indemnify MM against all and any claims, damages, losses, liabilities, costs and expenses relating to the Affiliates use of the promotional content.
Reporting
The parties will provide each other with relevant reports of data, relating to value (traffic, completed sales, revenues, ect) obtained from individual activities as described in these terms.
Tracing end users and compliance
Affiliates will comply with all applicable laws and regulations, including consumer protection and unfair trading regulations and shall not engage in any fraudulent activities such as cookie stuffing or link interception. Affiliates acknowledge that any editorial content about products must be accompanied by a prominent statement that the Affiliate is being paid to promote the products.
Affiliate always undertake and coveys that (they) will comply with the requirement of the Data Protection Act 2018 in respect of the recording End Users details or obtaining or making use of email addresses.
Affiliate agrees that their sites do not in any way promote:
- Sexually explicit materials
- Discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- Violence
- Illegal activities
- Incorporate any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law.
Data protection
Each party shall ensure that it complies with and assists each other to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including the UK General Data protection Regulation and any national implementing and supplementary laws, regulations, and secondary legislation, including the Data Protection Act 2018. This clause is in addition to, and does not reduce, remove or replace a party’s obligations arising from such requirements. The Affiliate must not sell or pass on any converted lead data to any third party.
Payments
MM will pay Affiliate’s an agreed percentage fee for each converted Lead.
The fee is inclusive of any VAT payable by the merchant to the Affiliate. Approval and acceptance of any converted lead shall be at MM’s sole discretion, and MM may reject any such converted lead or any acceptance for any reason.
All payment will be made monthly at a time best suited to MM’s accounts department.
Limited Licence
MM grants Affiliates, a limited, revocable, non-exclusive, non-transferable, royalty-free licence to.
- Use and reproduce the promotional content in strict compliance with these terms.
- Display the promotional content on the Affiliates website and with such other guidelines as may be identified by MM from time to time solely for the purpose of marketing MM products.
Any use of proposed promotional content shall be presented to MM for approval at least 14 business days prior to the intended use.
Affiliates must not alter or permit alteration including removing or modifying or permit removal or modification of any of the promotional content, or other identifying marks placed by MM or its agents on the products or associated documentation or literature, without MM’s prior written approval. Except specifically agreed, nothing gives Affiliate’s any rights, titles, or interests in any of the promotional content, products or any intellectual property and any related goodwill is sole property of MM. Affiliates must not, challenge or assist others to challenge the promotional content or its registration or attempt to register any trademarks, service marks, marks, trade names or domain names that are in any way confusingly similar to the promotional content.
Affiliates agree that they will cease using the promotional content immediately upon request, and this licence terminates automatically when this agreement terminates.
Confidentiality
Each party will only use confidential information to perform its obligations under any agreement and will not cause or allow the information to be disclosed except:
- Where required by law, court order or any governmental or regulatory body
- To any of its employees, officers, subcontractors, representatives, or advisers who needs to know the information to complete obligations under any agreements and will only to use the information for that purpose and not cause or allow disclosure of that information.
- Where the information has is generally available to the public
- Where the information was available or knows it on a non-confidential basis before being disclosed under any agreement
- Where the information was developed by or for it independently of any agreement.
Changes to products
MM can change any terms of products including pricing. Affiliates must replace existing Promotional content with any updated promotional content as provided by MM.
Termination
A party can terminate any agreement for any reason by giving the other 14 days’ notice
A party can terminate any agreement immediately by giving written notice to the other party it that other party:
- Does not pay any outstanding balance under an agreement within 30 days of the due date for payment.
- Commits material breach of any terms (if capable of correcting, it fails to correct within 14 days after being given notice specifying full information of the breach and requiring it to be corrected)
- Persistently breaches any terms and conditions.
- Is dissolved or becomes unable to pay its debts as they fall overdue.
- Makes any voluntary arrangement with its creditors or becomes subject to an administration order.
- A party has a bankruptcy order made against it or goes into liquidation.
Termination of any agreement does not affect either party’s rights at the date of termination. Neither party has any further obligation to the other under any Agreement after its termination.
On termination of any agreement for any reason, the Affiliate must permanently remove all promotional content from its website.
