“Program” refers to the eMagicOne Affiliate Program.
“Products” refers to the eMagicOne products available for resale by Partner. Products are listed below in this Agreement.
“Partner” refers to a legally certified affiliate or reseller of products and a member of the eMagicOne Partner Program.
“End User” refers to Affiliate’s or Reseller’s customer; that is, the party to whom Partner resells Products.
1. Partner Program lists Products that can be resold and/or referred via link, along with price, Partner purchase discount and general terms. Upon acceptance into the Program, Partner shall have the right to purchase and/or refer Products listed in Partner Program for resale to their End User customers.
Reseller shall have no right to participate in Affiliate program.
eMagicOne reserves the right to change Partner Program at any time without prior notice.
Partners’ website cannot replicate eMagicOne websites or use eMagicOne in domain name. Logos cannot be used in headers, favicons and site must clearly state that it is a Partners’ website, but not eMagicOne’s website.
2. Partner prices listed in Partner Program are exclusive of any taxes, fees, duties, value added, withholding, or other additional payments. eMagicOne can charge sales tax from customers or partners located in Minnesota state, U.S. Partner shall be responsible for assessment, collection, remittance, accounting, reporting, and all other legal responsibilities of any other taxes.
3. The Affiliate share or any other payouts are made on Partner’s request when the balance reaches $100. The payout is processed within 10 business days after the request via PayPal. Partner covers any additional fees or taxes that should be applied to the payout. The Affiliate payout balance is deducted in case end user/customer requested refund, made a chargeback, or the order was cancelled and money was deducted in any other way.
4. eMagicOne will issue to End Customer a limited number of registration codes necessary to unlock Product for use by End User. Partner agrees to use each registration code for exactly one copy of Product sold to End User, or as otherwise instructed by eMagicOne. Registration codes are not to be reused, or used for multiple End Users, or for multiple installations for the same End User, or in any way that violates Product’s License Agreement, unless otherwise authorized by eMagicOne.
5. eMagicOne doesn’t allow reselling services it offers (support, update, upgrade and custom development services), unless otherwise authorized by eMagicOne.
6. In case of terms violation, eMagicOne has the right to disable the Partner account instantly without the possibility to request payout or access account. The notification will be sent to an affiliate informing about violation and account cancellation.
1. Partner agrees that End User shall be bound by the terms of the License Agreement accompanying each Product. Partner shall have no authority to modify in any way the terms of any License Agreement, nor to make any representations or warranties contrary to the License Agreements. Partner shall make a good-faith effort to ensure that End User is aware of and complies with all License Agreements. It is prohibited to sell additional licenses to a customer who doesn’t have primary license yet.
2. Partner shall be responsible for product link generation with the appropriate affiliate tracking code.
3. Partner shall not send or cause to be sent any unsolicited email (“spam”), including newsgroup postings, regarding the Products or services involving Products.
4. Partner shall indemnify and hold eMagicOne harmless from and against any and all claims, losses, or damages that may arise from Partner’s marketing, installation, sales, or support of any Product.
5. Partner shall be authorized to use certain eMagicOne trademarks, graphics, symbols, or other content for use in promotion of Products. Such materials are to be provided by eMagicOne to Partner with the express intent of their use for such purposes. Use of such content shall be subject to eMagicOne’s usage policies, which eMagicOne reserves the right to change at any time for any reason. Partner may also create their own content relating to Products, which eMagicOne shall have the right to prevent Partner from using if eMagicOne finds it to be objectionable or for any other reason. eMagicOne shall have no ownership rights or any other rights to content independently created by Partner, except as provided for above.
6. Partner should make at least one sale within 6 months to keep his/her Partner status and discount. In case no sales are made within this period, the Partner status and discount will be disabled without any notifications.
1. eMagicOne shall be responsible for all End User technical support.
2. eMagicOne reserves the ability to refuse Partner the right to promote eMagicOne products, or any other affiliation with eMagicOne.
3. eMagicOne shall not be responsible for acts by third-parties, or other events outside eMagicOne’s reasonable control.
4. Nothing in this Agreement shall prohibit eMagicOne from selling Products directly to any customer without involvement of or obligation to Partner.
5. Partner agrees not to, directly or indirectly, sub-license, publish, distribute, disclose, disseminate, reverse engineer, decompile, copy, or reproduce Products except as provided for in this Agreement. Partner shall not use any Product as the part of Partner’s own product or service without the express written approval of eMagicOne.
6. Partner agrees that all of eMagicOne’s rights, including but not limited to, intellectual property rights, trademarks, and copyrights, shall fully remain at disposal of eMagicOne. Partner shall act merely as a distributor of Products, and shall gain no rights over eMagicOne or its Products.
The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation without formal proceedings. Any dispute which cannot be resolved by this way (other than the collection of money due on unpaid invoices) shall be subject to arbitration upon written demand of either party. Arbitration shall take place in NM, USA.
1. This Agreement shall become effective on and as of the date of execution of the Agreement by the parties to this Agreement.
2. Once accepted into the Program, this Agreement between eMagicOne and Partner shall remain in force until cancelled by either party; eMagicOne may cancel the Agreement at any time for any reason, and Partner may cancel with no less than thirty (30) days written notice. Termination of the Agreement will relieve eMagicOne from paying any fee to Partner. Upon termination Partner shall lose all rights granted under this Agreement.
3. Both eMagicOne and Partner agree that this Agreement does not establish an employer-employee relationship between eMagicOne and Partner. Each party shall conduct its business at its own location with its own employees and resources, and at its own expense. Neither party shall have the right to incur any obligations on behalf of the other, except as otherwise provided herein.
4. EMAGICONE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, BY WAY OF EXAMPLE BUT NOT OF LIMITATION, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. EMAGICONE SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY PARTNER OR THIRD PARTY ON ACCOUNT OF OR ARISING FROM THE USE OF PRODUCTS.
5. Partner shall not assign, transfer, and/or otherwise sell their rights in this Agreement without first obtaining in the writing the express permission of eMagicOne.
6. This Agreement constitutes the entire Agreement and understanding between the parties. No term or provisions of this Agreement may be changed, waived, discharged without written approval of eMagicOne.
This Agreement is agreed to by the undersigned parties.
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