MAGICMOTION AFFILIATE MARKETING PROGRAM AGREEMENT
This Affiliate Marketing Program Agreement (the “Agreement”) contains the terms and conditions applicable to your participation in the MagicMotion Affiliate Marketing Program (the “Program”). Please read carefully.
By clicking “I accept” or participating in the Program, you (“Affiliate” or “you”) acknowledge that you have read, understood, and agree to these terms with MagicMotion, Inc., doing business as magicmotion.shop and magicmotion.us (“MagicMotion” or “we” or “us” or “our”), based in California, USA.
If signing on behalf of a legal entity, you represent that you are authorized to bind that entity. If you do not agree, do not participate.
1. Enrollment
To join, you must:
Sign up as an affiliate with AWIN (or any other specified platform we use).
Provide all required information and accept both AWIN’s Affiliate Service Agreement and this Agreement.
We review each application and reserve the right to approve or reject it at our discretion. Inclusion of all websites you plan to use will help us decide.
2. Website Restrictions
Your participating website(s) may NOT:
a. Infringe on intellectual property or privacy rights.
b. Violate laws or regulations.
c. Contain threatening, defamatory, obscene, or explicit content.
d. Include viruses, malware, or harmful code.
e. Mislead customers about products or services.
f. Use unauthorized technology to intercept or redirect traffic.
3. Linking to Our Website
Upon acceptance, links will be provided through AWIN. You agree to:
Use only official linking code without manipulation.
List all domains in your affiliate profile.
Avoid advertising on platforms you don’t own (e.g., Amazon, eBay, Google Shopping).
Not replicate the look/feel of the Magic Motion website.
Avoid cookie stuffing, pop-ups, misleading links, or masking referring URLs.
4. PPC Guidelines
If running PPC ads, you must NOT:
Bid on our trademarks or variations.
Use our trademarks in ad titles, copy, or display URLs.
Direct link PPC ads to our site.
Outbid Magic Motion for branded search terms in positions 1–5.
Violations may result in immediate termination.
5. Trademarks
You are granted a limited, non-exclusive, revocable, royalty-free license to use our trademarks solely for promoting Magic Motion under this Program. All use must be pre-approved, and rights terminate immediately upon breach.
6. Coupon Guidelines
Promote only coupons provided via the Program or displayed on our site.
Display coupons with full offer, expiration date, and code.
Do not post workarounds, cover codes to generate clicks, or misrepresent offers.
7. Domain Names
Use of our trademarks in your domain or subdomain is strictly prohibited.
8. Advertising & Publicity
You may use approved banners, links, and promotional materials only as provided.
No unauthorized modifications.
No marketing to customers outside the U.S. unless agreed.
Email promotions must comply with CAN-SPAM and be pre-approved.
9. Reversal & Communication Policy
We may reverse orders for cancellations, returns, disputes, or violations.
You must respond promptly and honestly to any compliance inquiries.
10. Intellectual Property
All rights to promotional materials and trademarks remain with Magic Motion.
11. Relationship of Parties
You are an independent contractor, not an employee or agent.
12. Affiliate Commissions
You earn commissions on eligible purchases (completed by U.S.-based customers via your tracking link). Commission rates are posted in your AWIN account and may change at our discretion.
13. Disclaimer & Limitation of Liability
The Program is provided “as is,” without warranties. We are not liable for indirect or consequential damages. Liability is limited to total commissions paid.
14. Indemnification
You agree to indemnify and hold Magic Motion harmless from claims arising from your participation.
15. Confidentiality
Non-public information you access is confidential and must not be disclosed without written consent.
16. Termination
Either party may terminate at any time. Upon termination, you must remove all promotional materials and stop using our trademarks.
17. Compliance with Laws
You must comply with all applicable laws, including FTC disclosure rules for endorsements.
18. Modification
We may update these terms at any time. Continued participation after updates means acceptance.
19. Governing Law
This Agreement is governed by the laws of California. Disputes must be resolved in Orange County, CA.
20. Social Media
You may promote offers on your own social media but not on Magic Motion’s official pages.
21. Operations Outside the U.S.
Follow the laws of each country where you operate, including EU privacy directives where applicable.
22. FTC Disclosure Requirements
You must clearly disclose affiliate relationships on all promotional pages/posts.
23. General Provisions
Severability: Invalid provisions do not affect the rest of the Agreement.
Assignment: You may not assign this Agreement without our consent.
Non-waiver: Our failure to enforce a term is not a waiver.
Entire Agreement: This document constitutes the full agreement regarding your participation.
