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Magicians of Philip & Henry USA Inc. Affiliates Program Terms and Conditions This agreement contains the terms and conditions that you will agree to and applies to your participation as an affiliate in the Magicians of Philip & Henry USA Inc. Affiliates Program(“Program”). As a participant in this Program, you (“you” or “Affiliate”) are bound to this agreement with Magicians of Philip & Henry USA Inc. and its affiliates (“we” or “us”). 1. Enrolment and Participation To participate in this Program you will need to submit a complete online application that will be reviewed. We may reject your site (at our sole discretion) if it is unsuitable. Unsuitable sites include , but are not limited to, those that: • contain sexually explicit materials • contain illegal/violent/hate content • infringe on intellectual property rights • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age • include “Magicians of Philip & Henry USA Inc.” or any other variation or misspelling in the domain name. You should also note that if your site is accepted into the program and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. 2. Promotional Links Affiliate will be provided with the necessary banners, logos, name and text links (“Materials”) to be placed on the affiliate site. There is no restriction for the number of links that may be placed on an affiliate site. 3. Referral Sales We will pay Affiliate ten percent (10%) for all referred sales. A sale is eligible to be a referral sale if a user clicks on the affiliate link, calls us, and books and confirms a magic show. At the end of the month we will issue a cheque if you have a minimum balance of $100.00.Accounts with a balance less than $100.00 will carry over to the next month. 4. License We grant you a nonexclusive, nontransferable revocable license to display our Materials solely for the purpose of referring visitors from your site to our site. You may not alter, modify or change the Materials in any way. This license terminates upon the termination or expiration of this Agreement. 5. Affiliate responsibilities You are solely responsible for the development, operation and maintenance of your site or any other materials on your site. You will be solely responsible for the following: • ensuring the placement of our Materials on your site. • ensuring your site will not copy or resemble the look and feel of the Magicians of Philip & Henry USA Inc. site. • ensuring that there is no use of “spam” or mass e-mail communications methods for marketing purposes. • ensuring you will not alter, modify or change our Materials in any way • ensuring the appropriate use of materials on your site, see Section 1 (Enrolment and Participation). • ensuring the proper use or display of our Materials permitted under the Agreement. 6. Termination Either party may terminate this agreement at any time, for any reason provided there is a termination notice given to the other party. Upon termination of our Agreement, you will cease use of any banners, logos, text links or any other materials given to you for the purpose of the Program. 7. Indemnification You agree to indemnify, defend and hold harmless Magicians of Philip & Henry USA Inc. and its affiliates, directors, officers, employees, third parties from and against any third party liability, claims, losses, damages, injuries or expenses due to participation in our Program. 8. Modification We may modify any of the terms and conditions contained in this agreement, at any time in our sole discretion by posting a change notice on our site. 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 Web site will constitute binding acceptance of the change. 9. Party Relationship You and Magicians of Philip & Henry USA Inc. are in an independent contractor relationship and in no way in a legal partnership, joint venture, agency, and franchise or employment relationship. 10. Disclaimer We do not make any warranties expressed or implied including without limitation with respect to the Program.
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