To become a Magmall Partner, please read the following agreement and then |
confirm acceptance by clicking your back button and submitting your partner application.
MagMall Partner Program Operating Agreement
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the MagMall Partner Program (the "Program"). As used in this Agreement, "we" means Magazine Mall, Inc., "you" or "Referral Party" means the applicant, "magazine subscription" means any item offered for sale in the MagMall catalog. "Site" means a World Wide Web site and, depending on the context, refers either to the MagMall site or to the site that you will use to link to the MagMall site.
Enrollment in the Program
If we reject your application, you are welcome to re-apply to the Partner Program at any time.If we accept your application, we will assign you a "Partner Identity Number" which will be used to track all commissions earned for referred sales.
Listing Magazines on Your SiteYou may select one or more magazines to list on your site. For each selected magazine, you may display on your site a short description, review or other reference. You will be responsible for the content, style and placement of these references.
Commission StructureYou will earn referral commissions based on the sale price of qualifying magazine subscriptions, according to commission structures to be established by us from time to time. Sale price means the sale price listed in our catalog and excludes shipping, handling, and taxes. The current commission structure is:
Policies and Pricing
Identifying yourself as an PartnerWe may make available to you a small graphic image that identifies your site as a Partner Program participant. You will prominently display this logo or the phrase "In association with MagMall " somewhere on your site. The logo or phrase must be linked to the following message:
We may modify the text or graphical image of this notice from time to time. In addition, we encourage (but do not require) you to include a link to the MagMall home page at http://www.magmall.com.
Limited LicenseWe grant you a non-exclusive, revocable right to use the icon and message described in the Section entitled "Identifying Yourself as a Partner", and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant. You may not modify the icon, the message or any of our images in any way. We reserve all of our rights in the icon, the message, any other images, our trade names and trademarks and all other intellectual property rights. We may revoke your license at any time, by giving you written notice.
Responsibility for your SiteYou will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance and contents of your site.
Term of the AgreementsThe term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term, and fees earned through the date of termination will remain payable only if the related magazine subscription orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
ModificationWe may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Relationship of PartiesYou and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. 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 site or otherwise, that reasonably would contradict anything in this Section.
Limitation of LiabilityWe will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.
DisclaimersWe make no express or implied warranties or representations with respect to the Program or any magazine subscriptions sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing or trade usage). 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.
Independent InvestigationYOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
MiscellaneousThis Agreement will be governed by the laws of the United States and the State of Delaware, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Delaware, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.