This agreement contains the terms of the Affiliate Partner Program of www.beMAGnetic1.com with individuals and legal entities, candidates for Affiliates of products offered in our e-store.
Affiliate registration requires the consent with the terms of this Agreement. By clicking the register button, you acknowledge your consent.
Our affiliate program guarantees long-term interests of its current and former Affiliates, and their successors (6.2, section 6.3. And item 16.3). Therefore, the participation in it is an investment in time with quick and long-term financial results.
Each participant in the program can automatically generate affiliate-links. These links he has to place on a suitable and attractive location in one of his own Internet resources (personal website, blog, e-store, online-game, etc.). Any purchase by a client (IP address) who comes to us through the affiliate link of our Affiliate partner brings the latter remuneration (commission) of 10% of the value of the product for the I level, 6% for the II level, 5% for the III level and 4% for the IV level. To motivate our partners and create an opportunity for effective and team working affiliate structures, our marketing is built on four (4) levels. See how works our Multi Level system in the scheme positioned below. We have developed a system of bonuses for our Affiliates (Section VII).
To add commission to your account it is necessary the client (IP address) who buys, to visit our e-shop through your affiliate link and this has to be the first coded affiliate link to our site, used by him.
For every next order of this client (IP-address), regardless of when and how it is made, you will continue to receive commission.
The four levels in our Multi - Level Marketing have the following commissions:
Affiliate on first level - direct sales - 10% of the sales;
Affiliates on second level - 6% of sales of the first level and 10% of their direct sales;
Affiliates on third level - 5% of the value of the sales on the first level, 6% of the sales of the second level and 10% of their own direct sales;
Affiliates on fourth level - 4% of the sales on the first level, 5% of the sales of the second level, 6% of the sales of the third level and 10% of their direct sales.
To illustrate with numbers, how does our marketing model work and how it is formed the monthly balance of an Affiliate on IV level with three levels below him in the following hypothesis:
- Price of the goods - € 26 (the lowest price of the products sold by us).
- Each Affiliate sells directly 5 items per month.
- Each Affiliate find 20 well working Affiliates on his lower level.
Under this hypothesis, on the IV level there is one Affiliate who organize the group, also with 5 direct sales. At the III Level there are 20 Affiliates (found by the Affiliate on the IV level) each with 5 sales - total 100 sales for the third level. On the II level - 400 Affiliates, found by the Affliates on the III level and 2000 sales and on the I level – 8000 Affiliates with 40000 sales.
The balance for one month of the affiliate on Level IV is :
13,00 euro. + 156 euro + 2600 euro 41600 euro = 44 369,00 euro
The offered by us Multi-Level Marketing has a multiplier effect on the financial balance of each Affiliate.
The afifliate generate income from both: hts direct activity and the activity of the Affiliates, realted with him on the lowest levels.
A G R E E M E N T
I. DEFINITIONS USED
• "You" or "your" refer to you - the affiliate applicant;
• "Affiliate" is the partner holding an encoded link (affiliate link) to our e-store:
• "We", "us" or "our" will mean - beMAGnetic1.com;
• "Participant", "affiliate" means participant in the affiliate partner program of beMAGnetic.eu;
• "Party / Parties" to this agreement are – we - beMAGnetic.eu and you as an Affiliate.
• "Product (s)" refers to any item listed for sale on the website - www.beMAGnetic.eu;
• "Link (s)" or "affiliate link" means specially coded links (text and / or graphic image) which will be established between your and our site;
• "Client" means the IP address from which the orders are made. Our system detects and records the IP addresses.
II. REQUIREMENTS FOR INCLUSION IN THE PARTNER AFFILIATE PROGRAM
2.1. To register as an Affiliate you have first to read this Agreement. Once you agree with it, make your request by filling in all the fields of the electronic form that will appear when you click on the register button. After completing all the data confirm your registration by clicking the "Continue" button.
2.2. To be included in the program it is necessary:
2.2.1. To be a legally registered legal entity;
2.2.2. To be a competent and qualified individual aged 18 years or older (if local jurisdiction requires it);
2.2.3. You have to have your own website, newsletter or webpage on social networks, ie internet sources suitable for the presentation of our products. Your business must be legitimate and meet the generally accepted social norms;
2.2.4. You have to participate in the development of our program in an ethical manner in accordance with applicable laws and in full correspondence with this Agreement;
2.2.5. We reserve the right to terminate our cooperation with you without advanced notice if your site or your actions contradict the requirements of Chapter II.
3.1. We respect and protect the inviolability of privacy and data of our visitors, customers and partners.
Information obtained by purchase, registration, application or participation in the Affiliate Partner Program will be used to administer the program and site by specially authorized associates of ours.
The information will be kept and under no circumstances will be sold or disclosed, unless its provision is required by law.
3.2. You agree that we will not share with you information about our visitors, customers or partners.
3.3. By accepting this Agreement you agree to receive messages/e-mails from us related to our cooperation, development and program change, new promotions, presentations, etc. If you decide to refuse this right you must inform us in writing. Notwithstanding your refusal to obtain information about the program, in order to continue your cooperation with us, it is necessary to inform yourself personally from our site about any change in our policies. Your participation in the Affiliate Partner program requires you to accept all such changes in the future.
3.4. Together with the status of Affiliate, you will receive access to statistics related with the value from the sales coming from your business. Preservation of secrecy and control of your password and the information you access through it, is your responsibility. Our company is not liable for lost information, transferring payments to incorrect bank accounts as a result of incorrect data provided by you or your unprotected password.
4.1. If you meet the requirements of Chapter II and you agree to participate as a subsidiary site in our Affiliate Partner program, you can access various graphics and text that you can use on your sites without changing the content and their vision. You agree that you will cooperate with us about creation of "links" between your and our site or parts of them, which are necessary for your participation in the Partner Program and will update timely information with new text or graphics. You agree that we have the right to visit your site to ascertain the compliance of this Agreement.
V. PROCESSING OF ORDERS
5.1. We will process orders from customers who come from your site. We will be responsible for all aspects of order processing and fulfillment, including payment processing. We reserve the right to refuse orders that do not meet all requirements. We will monitor the volume and value of sales by customers coming from your site and will provide reports summarizing sales activity. To permit accurate tracking, reporting and charging commissions it must be ensured that the connections between your and our site are created with HTML generator tags. If the pages of our products are changing and you have links that direct visitors to these pages, we will automatically redirect these visitors to the new page.
VI. COMMISSIONS AND TRACKING
6.1. If you respect the terms and conditions of this agreement, we will pay to you commission, for every sale made to a client passed through your affiliate link as a first coded affiliate link also for the sales of the associated with you Affiliates of the three levels below you (if any) as follows:
Affiliates on first level - direct sales - 10% of sales;
Affiliates on second level - 6% of the sales of the first level and 10% of their direct sales;
Affiliates on third level - 5% of the sales of the first level, 6% of the sales of the second level and 10% of their own direct sales;
Affiliates on fourth level - 4% of the sales on the first level, 5% of the sales of the second level, 6% of the sales of the third level and 10% of their own direct sales. If it is necessary to charge VAT, that will be at our expense.
6.2. To add commission to your account it is necessary that the buying client (IP address) visits our e-shop through your affiliate link or the Affiliate links of the associated with your Affiliates on the levels below you and this should be the first-coded affiliate link to our site, that the client used. In this case, purchases made from this IP address will continue to bring you commission, whether for further visits the customer has used other coded links, or continues to use our e-shop directly. You will continue to receive commission from the purchases of this IP address provided he makes purchases from us and we have your active bank account.
6.3. We - beMAGnetic1.com will continue to pay commissions according to p. 6.1. and p.6.2. whether at the time of payment you are in a contractual relationship with us or have terminated it, and regardless of the fact whether the funds are used by you or your successors. We have no obligation to establish the existence of successors and their legality. We will continue to fulfill our engagements under this Agreement provided the bank account of our Affiliate Partner declared on our website is active and the conditions in p. 6.1 and p. 6.2. are completed.
6.4. The commission is charged only when the payment is done by the Client. It is always a percentage of sales made under p. 6.1. This percentage may vary in the future according to p.6.6. and p. 15.1. Our system automatically calculates the Affiliate commission, according to the current operating rate under p. 6.1. at the time of sale.
6.5. Commission is not due when the deal is refused – the product is returned by the client (IP address).
6.6. If the deal is refused – the product is returned after the commission has been transferred to the affiliate account, it will be deducted from the balance of the Affiliate.
6.7. We reserve the right to change commission announced in p. 6.1. The new commission will be charged for sales made after the change. The commission for completed sales can not be changed.
7.1. If you put on your site a coded connection "back link" to the e-shop of beMAGnetic and we register through this "back link" at least ten (10) visits of customers per month from your site on our site, and these customers stay not less than five (5) minutes for each visit, we will increase your monthly balance of Affiliate activity with 1% (one percent).
7.2. The "back links" - text and graphics can be copied from the page "Our Banners" in our site.
7.3. To get the right of this bonus, you have to follow the conditions in p. 7.1. and not later than the 5th day of the next month inform us by email at: firstname.lastname@example.org about the implementation and also write in to us the address of your site.
7.4. We will check up and if we find out that the data declared by you complies with the conditions in p. 7.1. we will increase your monthly balance of the Affiliate account with 1% (one percent).
8.1. Commissions and bonuses are paid quarterly latest on the 10th day of the month following the period by bank transfer or through Pay Pal, in euro.
8.2. The costs for transfer and currency exchange of your commissions are your responsibility.
8.3. When VAT should be charged on the commission, it is at our expense and it will not be deducted from your balance.
8.4. All other taxes are your responsibility.
8.5. We can withhold part of the due taxes according p. 8.4. from your account if the laws oblige us to do this.
8.6. We are not responsible for errors made by you or clients who have used your affiliate link that obstruct the tracking of the connection (link) Affiliate - Client.
IX. POLICIES AND PRICING
9.1 Customers who buy products through this Affiliate Program are customers of beMAGnetic1.com.
9.2 All rules, policies and operational procedures concerning customer orders, customer service, promotions and sales of products shall also apply to customers in accordance with p. 9.1.
9.3 We may change our prices, policies and operating procedures at any time.
9.4 The Affiliates must not include information on prices, without our prior written approval.
9.5 We will use reasonable commercial efforts to provide accurate information on prices, availability of products, possible change of policies and operational procedures, but we neither guarantee the availability of the same items, nor can we guarantee their prices will remain unchanged over a long period of time. The range of our products is dynamic.
X. LICENSE TO USE LOGO, SYMBOL AND TRADEMARK
10.1. With this agreement we provide our Affiliates, a nonexclusive, nontransferable, limited and revocable license to use our logo, symbol, trademark and trade names under the terms of this agreement in order to foster the cooperation and facilitate the activities of our Affiliates.
10.2. The rights under p.10.1. are connected with the provision of banners and other graphics used to create coded connection between your site and our e-store.
10.3. You may not modify, sublicense or use the materials submitted to you, and produce your own materials with our identification marks, beyond the purpose of linking your site to our e-store and without our written consent.
10.4. This license shall terminate automatically upon termination of this Agreement. To cancel the license under this hypothesis, it is not necessary to give further written notice.
XI. RESPONSIBILITY OF beMAGnetic.eu
11.1. We, beMAGnetic.eu, are responsible for all matters relating to the sale of products and services sold on our site www.beMAGnetic1.com, including without limitation as well as for:
11.1.1. Determination of prices for all types of transport - land, sea or air, the shipping charges, payment processing, customs and tax documents, related to the servicing of all accepted customer orders.
11.1.2. Providing all necessary information, including coded links and graphics needed to organize links from your site to ours.
11.1.3. Processing appropriately of each client’s order, who has used a coded link on your site, in order to track the volume and value of sales generated from your site.
11.1.4. Definition of Affiliate commissions, and timely notification of their changes to the Affiliates.
11.1.5. Payment of the Affiliate commissions, under the terms of Section VIII.
XII. RESPONSIBILITY OF THE AFFILIATE PARTNERS
12.1. You agree to display our text/texts and/or our graphic images in order to encourage your site visitors to become customers of beMAGnetic.eu
12.2. You are responsible for the materials and information that appear in your site about beMAGnetic1.com, without our approval.
12.2.1. You agree that your site will not copy beMAGnetic1.com or look in a similar way or have a similar design.
12.2.2. You agree that your site will not include materials about beMAGnetic1.com or about the offered in our e-store products apart from the officially agreed or received by us materials.
12.2.3. You agree that your domain name will not contain the word beMAGnetic, in any of the languages acknowledged.
12.3. You agree that, while participating in the Partner Program of beMAGnetic1.com, your site will not contain coded links to sites whose domain name contains the word bemagnetic or its derived words.
12.4. You agree that the team beMAGnetic1.com, is not responsible for materials posted on your site, except for those which we have given to you.
12.5. You are responsible for paying all taxes due to tax authorities. VAT is on our charge.
12.6. You agree to protect us from all claims, judgments, damages and expenses (including, without limitation and attorneys' fees) relating to the development, operation, maintenance and content of your site.
XIII. SPAM POLICY
13.1. Spam, for the purposes of this Agreement shall be defined as unwanted commercial e-mail to third parties with whom you have no existing relationship or permission to send e-mails. This includes posts in newsgroups, forums, etc., which do not allow commercial activity.
13.2. We do not tolerate the use of spam to promote our products. The use of spam from our affiliate partners, concerning the promotion of our products is grounds for termination of contractual relations, due to failure to comply with this agreement on their part.
XIV. STATUS OF THE PARTIES
14.1 The parties to this Agreement are independent, connected only by its provisions.
14.2 The affiliate partners have no authority to make or accept offers on our behalf, to represent us to third parties or make any statement about us or on our behalf, including in their site.
XV. CHANGES OF AGREEMENT
15.1. We, beMAGnetic1.com reserve the right to make changes to terms and conditions of this Agreement due to dynamically changing business environment. However, we declare our desire to ensure security and stability of our partners and do not make changes if they are not necessary for the development and adaptation of our Affiliate Partner program to the specific business conditions.
15.2. We undertake, at least 7 (seven) days prior to the posting of changes on our site, to inform you about them and about the circumstances that require them by e-mail.
15.3. If you do not agree with all the changes made, you may terminate your participation in the program and remove all links to our site. If you continue your participation in our Affiliate Partner program then this is a statement of acceptance of any changes made.
15.4. The changes may not have retroactive effect.
15.5. The changes can not violate the rights of our current or former Affiliate Partners according to p. 6.2 and p. 6.3.
XVI. TERM AND TERMINATION OF THE AGREEMENT
16.1. The term of this Agreement will begin after your registration as affiliate partner and will end when terminated by either party.
16.2. Each Party may terminate this Agreement at any time with or without cause by giving to the other Party written notice of termination.
16.3. Upon termination of the participation in our program, the former Affiliate or its successors will continue to receive commission from the purchases of customers (IP addresses) who visited our e-store, using for first coded connection its affiliate link, until these customers make purchases. For this purpose it is enough to have an active bank account.
16.4. The account of acting or former Affiliate shall be closed if during six (6) months there are no charged commissions from sales in it, even the Affiliate did not terminate its participation in the program in writing.
17.1. Each of the Parties under this Agreement due compensation to the other Party, if it cause damages, because of not fulfilling provisions of this agreement.
XVIII. GENERAL PROVISIONS
18.1. All notices under this Agreement shall be made in writing. The notice may be sent by email and will be considered as delivered with the receipt by the sender of the automatic report for his delivery to the recipient. Message sent by mail or other courier delivery will be considered as delivered on the date of receipt indicated on the consignment or acknowledgment.
18.2. This Agreement constitutes the entire agreement between you and us and can be changed only by a written document signed by a duly authorized representative of each party, except in cases provided for in Section XV.
18.3. If any provision of this Agreement be declared as negligible by a competent court, all other provisions which are not affected and will be valid.
18.4. Any arising disputes shall be settled by negotiation between the parties, and if this is impossible, through commercial arbitration in a country - EU member or by the European law (continental law) in a country - EU member.