Magnificent Midlife Members Club
Please read the entire agreement. You may print this page for your records.
This is a legal agreement between you and The Mutton Club Ltd (owner of Magnificent Midlife).
By submitting the online application you are agreeing that you have read and understand the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Magnificent Midlife’s Affiliate Program. The purpose of this Agreement is to allow HTML/cookie-based linking between your computer and the MagnificentMidlife.com website. Please note that throughout this Agreement, “we,” “us,” and “our” refer to MagnificentMidlife.com and “you,” “your,” and “yours” refer to the affiliate.
2. AFFILIATE OBLIGATIONS
2.1. You must be a current Magnificent Midlife member in order to become an affiliate. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that you are unsuitable for our Program at our sole discretion.
2.2. As a member of MagnificentMidlife.com’s Affiliate Program, you will have access to our ThriveCart Affiliate Area. You already have an account with ThriveCart as that is how your own membership is managed. Here you will be able to download a referral link and/or HTML code (that provides for links to web pages within the Magnificent Midlife website) and copy and other creative materials. In order for us to accurately keep track of all guest visits from you to our website, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. MagnificentMidlife.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and updating of any promotion you do will be your responsibility. We may monitor your promotions as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to any website you may operate. You must have express permission to use any person’s copyrighted material, whether it be writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
3. MAGNIFICENTMIDLIFE.COM’S RIGHTS AND OBLIGATIONS
3.1. We have the right to monitor any promotional site you may operate at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to promotion that we feel should be made, or to make sure your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the MagnificentMidlife.com Affiliate Program.
3.2. MagnificentMidlife.com reserves the right to terminate this Agreement and your participation in the MagnificentMidlife.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the MagnificentMidlife.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, we shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
Your Affiliate Account will be automatically terminated upon cancellation of your MagnificentMidlife.com membership. In this instance any pending affiliate commissions will be paid to you up to 30 days after the end of your membership.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and MagnificentMidlife.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in MagnificentMidlife.com’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Payouts are made after 30 days. Payment will be sent monthly via PayPal. Please ensure that you have added your PayPal email address in the ThriveCart Affiliate Area under settings so that payment can be received. No other methods of payment can be used.
If a referral cancels in their first 30 days and requests a refund, you will not receive payment for that referral. If a referral uses any discount to sign up, your payment will reflect that lower level of subscription.
7. ACCESS TO AFFILIATE AREA
You can access the ThriveCart Affiliate Area at any time. Login details will be sent to you. In the Affiliate Area you will be able to access your affiliate links, see your statistics and successful referrals, view commissions due and paid and also access any creatives that we may add for your use.
8. PROMOTION RESTRICTIONS
8.1. You are free to promote your own websites and business, but naturally any promotion that mentions MagnificentMidlife.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by MagnificentMidlife.com. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE). In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote MagnificentMidlife.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups or on social media to promote MagnificentMidlife.com so long as the group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from MagnificentMidlife.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the MagnificentMidlife.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
9. GRANT OF LICENSES
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of MagnificentMidlife.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of MagnificentMidlife.com and the good will associated therewith will inure to the sole benefit of MagnificentMidlife.com.
MagnificentMidlife.com makes no express or implied representations or warranties regarding MagnificentMidlife.com’s service and web site or the products or services provided therein, any implied warranties of MagnificentMidlife.com’s ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
11. LIMITATIONS OF LIABILITY
We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall MagnificentMidlife.com’s cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.
You hereby agree to indemnify and hold harmless The Mutton Club Ltd and MagnificentMidlife.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
14.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and MagnificentMidlife.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your websites, on email or otherwise, that reasonably would contradict anything in this section.
14.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
14.3. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.4. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
14.5. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
14.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
6 August 2018