Affiliate Agreement

Terms and Conditions

Thank you for your interest in the PitchMagic Affiliate Program. We are very excited to have you on board, but first it's important that we outline the details of the PitchMagic Affiliate Agreement. The purpose of this Agreement is not to bog you down with rules but to make sure that both you the Affiliate and our company have a clear understanding of what is permitted and acceptable. This way, we don't have to email you later on to tell you to stop doing something because you didn't realize it wasn't allowed. That wastes our time but it also wastes your time. The purpose of this Agreement is to set out how the PitchMagic Affiliate Program works, what PitchMagic's roles and responsibilities are and what they are not, how you the Affiliate will be paid commission by ClickBank through the ClickBank Affiliate Network, and what your roles and responsibilities as an Affiliate are.

This Agreement has been designed to protect both PitchMagic and Affiliates of PitchMagic. Please read carefully and if you have any questions, please email us at affiliates@pitchmagic.com.

Main Points

  1. Introduction

    1. affiliate program: This PitchMagic Affiliate Program Agreement (this "Agreement") is between you (an "Affiliate") and PitchMagic, LLC ("PitchMagic"). Affiliate's participation in the Affiliate Program is conditional on Affiliate's acceptance of the terms and conditions contained in this Agreement. Affiliate is deemed to have accepted this Agreement by indicating Affiliate's acceptance of this Agreement by checking the 'I ACCEPT' checkbox at the end of this Agreement or by creating an account that enables Affiliate to participate in the Affiliate Program.
    2. Who can be an Affiliate?: All Affiliate must be at least 18 years old or older.
    3. What does an Affiliate do?: An Affiliate is a webmaster or internet marketer who takes on the role of promoting PitchMagic and the PitchMagic website.
    4. How does the Affiliate Program work?: To participate in the Affiliate Program, Affiliate must create an Affiliate Link. An "Affiliate Link" is defined as web URL or hyperlink which contains, either within the link or via any redirect or link-cloaking software, the Affiliate's Clickbank ID with the intention of tracking referred traffic to PitchMagic. When an Affiliate directs or sends a prospective buyer to the PitchMagic website via a correctly formatted Affiliate Link and that visitor then purchases a product from PitchMagic, the Affiliate will receive a commission from ClickBank on the sale of that product (the "Commission").
    5. ClickBank Affiliate Network: Click Sales Inc. ("ClickBank") is responsible for the tracking of Affiliate Links, handling of payments and distribution of any Commission that is payable to Affiliate (together the "ClickBank Affiliate Network").
    6. In relation to all aspects of the ClickBank Affiliate Network including, without limitation, the tracking of Affiliate Links and the payment of Commissions, Affiliate is entering a legal contract directly with ClickBank, and not with PitchMagic. PitchMagic will under no circumstance have any obligation to pay Affiliate any Commission owed to Affiliate, and will under no circumstance have any liability to the Affiliate arising out of any claim relating to the ClickBank Affiliate Network, including Affiliate's participation therein.

  2. Clickbank Affiliate Network

    1. Terms of Service: Affiliate and PitchMagic must both abide by the ClickBank Terms of Use ("TOU") as are published by ClickBank from time to time at http://www.clickbank.com/terms.html
    2. Commission: Commissions are paid to Affiliate by ClickBank via the ClickBank Affiliate Network. All payments and transactions are handled by ClickBank.
    3. Calculation of Commission: Commissions paid in relation to the ClickBank Affiliate Network are based on product prices and the commissions' structure as outlined on the PitchMagic website from time to time. PitchMagic reserves the right to change the product prices and commissions' structure at its absolute discretion without prior notice to Affiliate. Affiliate will only receive a Commission for a sale tracked through Affiliate's Affiliate Link by ClickBank. Affiliate has no right to a Commission if a sale of a good or service occurs as a result of a customer arriving at or returning to the PitchMagic website through an Affiliate Link that is not associated with Affiliate. PitchMagic has no responsibility and no ability to redistribute a Commission to a different affiliate, including to Affiliate, after a sale has occurred.
    4. Payment of Commission: Commissions are payable to Affiliate by ClickBank in accordance with ClickBank's TOU as may be varied by ClickBank from time to time, which may provide for payment by cheque on the 1st and the 16th of every month. PitchMagic has no control, authority, or responsibility with respect to Commissions or in relation to any changes made by ClickBank to ClickBank's TOU, including ClickBank's payment or transaction procedures for Commissions.
    5. Disputes: Any dispute in relation to the ClickBank Affiliate Network will be handled by ClickBank. PitchMagic has and takes no responsibility for the acts or omissions of any Affiliate or any claim, action, or disputes brought by or against any Affiliate or any person in relation to the PitchMagic website or any PitchMagic product

  3. PitchMagic Responsibilities

    1. General: PitchMagic is responsible for handling all customer inquiries, fulfilling product orders, customer billing and collection of fees.
    2. Privacy: PitchMagic respects the privacy of customers and each customer's personal information. Therefore, in order to protect customer privacy, PitchMagic reserves the right to withhold any information regarding a customer including, without limitation, that customers' contact details from Affiliate regardless of whether that customer arrived at PitchMagic via Affiliate's Affiliate Link or not.

  4. Affiliate Responsibilities

    1. Provision of correct contact information: Affiliate is responsible for providing PitchMagic with Affiliate's correct contact information at the time that Affiliate registers for the Affiliate Program and Affiliate must keep Affiliate's contact information up-to-date. Failure by Affiliate to provide PitchMagic with correct contact information could result in the suspension of Affiliate's Affiliate Program account as PitchMagic may be unable to contact Affiliate regarding important issues concerning the Affiliate Program and Affiliate's participation in the Affiliate Program. If Affiliate becomes aware that PitchMagic has been provided incorrect contact information of Affiliate or if Affiliate's contact information becomes out-of-date, Affiliate must immediately contact PitchMagic and provide PitchMagic with correct contact information.
    2. Username and password: Affiliate's login credentials (being Affiliate's username and password) are personal to Affiliate. Affiliate must always maintain the confidentiality of Affiliate's username and password and not disclose them to any third party. Affiliate agrees that Affiliate is solely responsible for any use of the PitchMagic by any person using Affiliate's username and password and Affiliate agrees to indemnify PitchMagic against any claims arising out of Affiliate's failure to maintain the confidentiality of Affiliate's username or password. Affiliate agrees to not impersonate any person or entity or falsely state or otherwise misrepresent Affiliate's affiliation with a person or entity. PitchMagic will not be liable for any loss that Affiliate may incur as a result of someone else using Affiliate's password or account (whether with or without Affiliate's knowledge). Affiliate agrees to notify PitchMagic immediately of any unauthorised use of Affiliate's account or any other breach of security.
    3. Prohibited actions: The Affiliate agrees not to:
      • misrepresent PitchMagic's products and services;
      • advertise or promote PitchMagic products and services on any sites that:
        • promote sexually explicit material, violence, pirated materials, illegal activities, gambling or sites that promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
        • contain extensive religious commentary or attempts to preach or solicit members for a particular church or faith; or
        • contain any violations of intellectual property rights or any other laws not otherwise listed here;
      • disparage PitchMagic, the PitchMagic website, or any PitchMagic affiliated products including, without limitation, referring to PitchMagic and using the words "scam", "rip-off", or any words with a similar or associated meaning in any advertisement or website copy; or
      • engage in any conduct that is likely to impair or cause damage to the operation of the PitchMagic website whether by way of a virus, corrupted file or through use of any other software or program.

  5. Spam

    Affiliate agrees to comply with all US Federal CAN-SPAM Acts.

    PitchMagic has a zero tolerance policy towards spam and any Affiliate associated with spam. If PitchMagic establishes, at PitchMagic's absolute discretion, that Affiliate is involved with spam in any way including, without limitation, creating, sending or otherwise distributing spam, PitchMagic may immediately terminate Affiliate's Affiliate Program account and Affiliate will forfeit all Commissions owed to Affiliate.

  6. Affiliate Link

    Affiliate is solely responsible for ensuring that Affiliate's Affiliate Link is set up correctly. PitchMagic is not responsible for Affiliate's failure to receive any Commission due to the incorrect formatting or configuration of Affiliate's Affiliate Link.

  7. Email

    Affiliate agrees to receive email or other electronic communications from PitchMagic including, but not limited to, newsletters, site updates, promotion resources and other announcements and correspondence. Affiliate agrees that all agreements, notices, disclosures and other communications that PitchMagic provide to Affiliate electronically satisfy any legal requirement that such communications be in writing. Affiliate agrees to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

    PitchMagic accepts no responsibility for the accurate receipt of any such emails and Affiliate is responsible for ensuring that Affiliate's email address is not blocked or impaired in any way, including by Affiliate ensuring 'white-listing' of Affiliate's email address.

    If Affiliate unsubscribes from receiving emails from PitchMagic, Affiliate acknowledges and understands that Affiliate may no longer receive information or updates from PitchMagic.

  8. PitchMagic Intellectual Property and Brand

    1. Ownership of intellectual property: PitchMagic reserves all rights in or to its trademarks, servicemarks, copyright and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to PitchMagic or to PitchMagic's licensors ("PitchMagic Intellectual Property"). Affiliate must not use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any PitchMagic Intellectual Property except as expressly provided in this Agreement or with the prior written consent of PitchMagic.
    2. Modification and display of PitchMagic Intellectual Property: Affiliate is not permitted to make any changes to any items of PitchMagic Intellectual Property including, without limitation, the PitchMagic logo, and any PitchMagic images and Affiliate must not display such items in any way which may be distasteful, or defame or misrepresent PitchMagic, the Affiliate Program, or the PitchMagic website.
    3. Use of PitchMagic Intellectual Property: Affiliate may use the particular PitchMagic logos and images that PitchMagic grants Affiliate access to within the "Affiliate Resource" section of the PitchMagic website for purposes related to Affiliate's participation in the Affiliate Program only.
    4. Brand name: Affiliate is not permitted to purchase, bid on, or otherwise attempt to acquire any 'PitchMagic brand name keywords' with respect to Internet search engines or register or use domains that include the wording "PitchMagic" or any similar wording. PitchMagic brand name keywords or similar wording includes "PitchMagic" and any misspelling or variation of "PitchMagic" including, without limitation, "Pitch Magic", "pitchmagic", "pitchmag", etc.
    5. Access to PitchMagic data: Affiliate is not entitled to have access to PitchMagic data that is not publicly available for review or other purposes. Access to PitchMagic data may be granted to Affiliate by PitchMagic at PitchMagic's absolute discretion.

  9. Guarantees, Liability and Disclaimers

    1. Warranties: While PitchMagic endeavours to ensure that the content of the PitchMagic website is free from errors, PitchMagic does not give any warranty or other assurance as to the content of material appearing on the PitchMagic website, its accuracy, completeness, timeliness or fitness for any particular purpose. To the maximum extent permitted by law, PitchMagic provides the PitchMagic website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
    2. No guarantee regarding income: PitchMagic makes no guarantee of any kind regarding the potential income that can be generated through Affiliate's participation in the Affiliate Program.
    3. Limitation of Liability: To the extent legally permitted, in no event shall PitchMagic or its affiliates, distributors, licensors, and agents, or any of its or their directors, employees, and agents be liable as a result of Affiliate's use of the PitchMagic website or participation in the ClickBank Affiliate Network for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation, loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data, howsoever arising, including without limitation, though an action in contract, tort (including negligence) or otherwise, even if PitchMagic or its affiliates, distributors, licensors, and agents, or any of its or their directors, employees, and agents have been advised of the possibility of such damages.
    4. Consumer Guarantees Act: If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 or any comparable consumer protection legislation shall not apply to those services.
    5. Availability: Affiliate's use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, PitchMagic and PitchMagic's service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. PitchMagic will not be liable to Affiliate should the PitchMagic website or the services supplied through this website become unavailable, interrupted or delayed for any reason.
    6. Malicious code: Although PitchMagic endeavours to prevent the introduction of viruses or other malicious code (together, 'malicious code') to the PitchMagic website, PitchMagic does not guarantee or warrant that the PitchMagic website, or any data available from it, does not contain malicious code. PitchMagic will not be liable for any damages or harm attributable to malicious code. Affiliate is responsible for ensuring that the process that Affiliate employs for accessing this website does not expose Affiliate's computer system to the risk of interference or damage from malicious code.
    7. Security: Although PitchMagic endeavour to protect the security of Affiliate's contact information Affiliate acknowledges that there is a risk of unauthorised access to (or alteration of) Affiliate's transmissions or data or of the information contained on Affiliate's computer system or on the PitchMagic website. PitchMagic does not accept responsibility or liability of any nature for any losses that Affiliate may sustain as a result of such unauthorised access or alteration. All information transmitted to Affiliate or from Affiliate is transmitted at Affiliate's risk, and Affiliate assumes all responsibility and risks arising in relation to Affiliate's use of this website and the internet. PitchMagic does not accept responsibility for any interference or damage to Affiliate's own computer system which may arise in connection with Affiliate's accessing of this website or any outbound hyperlink.

  10. Indemnification

    1. Affiliate's use of the PitchMagic website and its content is voluntary. Affiliate shall indemnify PitchMagic and its affiliates, distributors, licensors, and agents, and all of its and their directors, employees, and agents against, and hold them harmless from, any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from Affiliate's use of the PitchMagic website and content or Affiliate's failure to maintain the confidentiality or security of Affiliates password or access rights.

  11. Term and Termination

    1. Term: This Agreement is effective immediately upon Affiliate's acceptance of this Agreement and shall continue until terminated as described in this section 8.
    2. Termination without notice: PitchMagic and Affiliate both reserve the right to terminate this Agreement at any time without notice. In the event of termination of this Agreement by this clause 8.2 all outstanding Commissions due to Affiliate will be payable to the extent such Commissions may be due to Affiliate under ClickBank's TOU.
    3. Termination for breach: In the event of termination of this Agreement by PitchMagic due to breach of this Agreement by Affiliate, Affiliate shall not be entitled to be paid any outstanding Commission.

  12. Miscellaneous

    1. Waiver: Any waiver by PitchMagic of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.
    2. Independent Contractors: An affiliate is acting as an independent contractor when acting as an affiliate. No partnership, joint venture or any legal entity is created between PitchMagic and the affiliate.
    3. Changes: PitchMagic reserves the right to amend this Agreement as needed from time to time. Affiliate is bound by any changes made to this Agreement and Affiliate's acceptance of any income through or due to the Affiliate Program will be regarded as acceptance by Affiliate of any changes to this Agreement. PitchMagic will endeavor to inform Affiliate of any changes made to this Agreement via email.
    4. Feedback and unsolicited submissions: If Affiliate provides PitchMagic any feedback about the PitchMagic website or the Affiliate Program, Affiliate grants PitchMagic the right to use that feedback for the purpose of improving the PitchMagic website or Affiliate Program (and for any other purpose PitchMagic deems necessary or desirable) without being obliged to pay Affiliate any compensation in respect of PitchMagic's use of that feedback. If Affiliate does send PitchMagic unsolicited ideas such ideas will be deemed to be non-confidential and PitchMagic will not be required to provide any acknowledgement of their source.
    5. Top Affiliates: From time to time PitchMagic may enter into special agreements with certain 'top' Affiliates. Such special arrangements may include, but not limited to, special discounted rates or bonus packages. The entry by PitchMagic into a special arrangement with any Affiliate is at PitchMagic's sole discretion and PitchMagic reserves all right to determine whether any Affiliate will be offered the opportunity to enter into such a special arrangement.
    6. Interpretation, Severability: Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect.
    7. Advertisements: PitchMagic does not necessarily endorse or recommend any of the goods or services advertised on or through the PitchMagic website. PitchMagic does not necessarily endorse or recommend any affiliates using our services.
    8. Third party websites: The PitchMagic website provides links and pointers to Internet sites maintained by third parties. Such linked sites are not under PitchMagic's control and PitchMagic is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. PitchMagic will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
    9. Confidentiality: Affiliate shall keep confidential the terms of this Agreement and any information associated with the Affiliate Program subject to any disclosure required by law. This clause shall survive termination of this Agreement.
    10. Governing law: This Agreement is governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this Agreement.
    11. Entire Agreement: This Agreement is the complete and exclusive agreement between the PitchMagic and Affiliate in relation to the Affiliate Program (but not in relation to the ClickBank Affiliate Network, for which Affiliate and ClickBank have obligations to each other independently of PitchMagic) and supersedes all previous and contemporaneous agreements, proposals and communications with respect to this subject matter.
    12. Other rights reserved: All rights not expressly granted in this Agreement are reserved by PitchMagic.