Affiliate Program Agreement
Please read below and then continue to the application.
The purpose of
this document is to ensure that you are aware that the Affiliate Program is
solely controlled and operated by MysticSense, and will list the complete terms
and conditions for one’s involvement. The people mentioned in this
documentation are yourself (the affiliate/participant/you) and us
Length of Agreement
This agreement between us will last from the time when we accept your affiliate application until one or both of us terminates it. One or both of us may end this agreement at any point, and for any reason, by giving the other notice in writing. You cannot earn any referral fees on sales taken place outside of the agreed period.
Every customer who was drawn to MysticSense’s service as a result of your advertising will earn you $75.00 – For the First Deposit Only. You are not allowed to earn a commission on your own purchase of our products, and you may not allow a family member, or member of your household, to make purchases using your own link. Commission earned this way will be void, and your account may be terminated. We may hold on to your user cookies for 30 days after termination.
We alone are responsible for tracking your new customer sales. We will provide you with statements of sales activity, but personal information will be kept private, and will not appear on the Affiliate Report.
At any point, we may post a notice on the website, which can contain modifications to these original terms and conditions. These modifications can include any changes that are within reason, such as a change in payment procedures. If these changes are not to your liking, you must terminate the agreement. If you continue to participate after we have notified you of the changes, this indicates that you have accepted these changes.
By reading this agreement, you accept that you agree to all terms here. We are allowed to operate competing sites to your own or ask customers for referrals. You accept that you have personally assessed the merits of participating, and you do not rely on any guarantees not stated in this agreement.
We take no responsibility or liability for damages or loss of revenue or data that may come up while you are partaking in this agreement. This includes if we were to have been advised of these potential damages. Any liability that we do fall into cannot be more than the total referral fees that have been paid to you during your term.
All the payments that you earn will be delivered to the name and address used on the application form. These commissions shall be mailed monthly, along with commission statements, on the 1st-3rd business day after the 1th of each following month until your agreement is terminated. Your personal member information will be kept private and not included in the Affiliate Report.
If a new customer spends money of which you earn a referral fee, but then later chooses to refund their payment, or their check does not clear, this fee must be deducted from your next monthly payment.
You must be aware that at all times you are a contractor who is working independently of us. You may not act on our behalf, and this agreement does not imply any form of partnership or employment relationship between us.
You alone are responsible for attending to this. Your logo and corresponding text must abide by copyright laws. If you use another party’s copyrighted material, you must have permission. We are not responsible for your ability to ensure that this is upheld.
Only we at MysticSense chooses and controls the prices for our services under this program. We are entitled to change those prices and may do so at our own discretion.
The Controlling the Assault of Non-Solicited Pornography and Marketing Act, also known as the "CAN-SPAM Act", codified at 15 U.S.C. Sec. 7701 (the "Act"), applies to this situation. You must acknowledge that you are totally aware of the requirements of this act, and agree to comply with it. You must also agree to send only links, banners, and/or advertisements approved by MysticSense to relevant targets and opted in contacts, and must send only from the Affiliate’s registered domain.
Reasons for Rejection
If your site does not apply by MysticSense’s business principles, we have the ability to terminate your site. We may also reject your application to the site for any of the following reasons: Your site promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, illegal activities, or pornography. Also if your site constitutes a Banner Farm (A web page that consists of nothing but banners linked to affiliate programs), utilizes Spyware practices, violates intellectual property rights, or for any other reasons deemed to be reasonable by us.
We also reserve the right to cancel your participation with this revenue sharing program at any time if your site(s) has any involvement with the above subjects and/or, spam emails and association with other areas of the web where their content is not aligned with our policies. This manner of termination will mean you must forfeit any accumulated unpaid commission.
Sites Qualification for Affiliates using Integrated Shopping Cart Product:
Your page(s) that contain the iframe require an HTTPS/SSL. Whenever there is private customer data on the site, HTTPS must be used. Recommended:
· Maintaining the secure systems: This involves systems such as passwords, patching, anti-malware, access control, configuration, and more when they pertain to the operating systems associated with the website.
· Maintaining secure networks: You must have appropriate firewalls in place that utilize secure configuration and should cover secure configuration of any other network devices associated with the website
· Maintaining the secure application: In order to secure the application, you should use secure coding practices
· Occasional testing: You should penetration test and/or scan your website using industry-standard options and methods regularly so that you may detect common weaknesses. See below for a list of tools for scanning of vulnerabilities available.
We will whenever possible work our hardest to maintain the site’s operation. If unavoidable technical difficulties do occur, and the website cannot function, you agree not to hold us liable for the potential consequences of such interruptions.
If you or we wish to take action in regards to this agreement, it must be held in the federal or state courts located in Detroit, Michigan, and you must abide by the jurisdiction of these courts, as the details laid out by this agreement are held in place by the laws of the United States.
Anybody who should agree to these terms will be sworn to follow them, and the denial will be strictly enforceable. If we are unable to enforce you following this agreement to the letter in one regard, this does not mean that we have waived our right to enforce you following the agreement in all other regards.
Any information that we agree upon as confidential must remain so between the two parties. We will not, and therefore you must not, divulge to any person, entity or company, or use for your own or someone else’s benefit, any information, understanding of business methods and techniques, knowledge, or customer data.
Here at MysticSense, we make no guarantees, warranty or condition that we cannot uphold with regards to yourself and the program. Only the agreements that have been detailed here are to be agreed to. Any implied warranty that may arise out of course of performance is not such a warranty.