This Agreement contains the complete terms and conditions that apply to your participation as an affiliate of Magical Ventures. As used in this Agreement, "we" or "us" means Magical Ventures Inc, "you" or "your" or "our" means the applicant.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Magical Ventures INC., A FLORIDA CORPORATION. BY CLICKING ON THE "I AGREE" LINK AT THE END OF THIS AFFILIATE AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.

1. Order Processing

We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will process orders placed by customers who follow the Links from your site to the Magical Ventures site. We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping, cancellations, returns and related customer service. We will track the volume and amount of sales generated by your site and will make unaudited reports, summarizing this sales activity, available to you through our site. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are properly formatted.

2. Referral fees

We will pay you referral fees of $15.00 of the Qualifying Product sale per order, Plus $5.00 of any dealer Qualifying Product sales that sign up through your affiliates number during the calendar month in which such Qualifying Products are sold. Only Qualifying Products that are sold by and for which Magical Ventures has received full payment will qualify for a referral fee. A referral fee will only be paid if the visitor to our site is tracked by the system from the time of the Link to the time of the sale. No referral fee will be paid if the visitor to our site cannot be tracked by our system.
Magical Ventures will send a referral fee check for the applicable referral fees on the tenth day of each month for the activity from the previous month.

3. Qualifying Products

Qualifying Products currently are all destinations and cruises offered on magicalventures.com web site. Magical Ventures reserves the right to add or delete products at any time at our sole discretion as market conditions change.

4. Tracking of Sales

The Participant will be solely responsible for ensuring that all links are formatted properly, a necessary prerequisite to tracking such sales. Statements of product sales activity will be provided to the Participant in realtime with a special URL that they are assigned. You may add as many links to Magical Ventures, or remove such links, at anytime and without prior approval from Magical Ventures.

5. Policies

Magical Ventures policy applies to all orders:Every customer who buys a product through this program is deemed to be a customer of Magical Ventures. The Participant does not have the authority to make or accept any offer on behalf of Magical Ventures. All Magical Ventures policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Magical Ventures is not responsible for any representations made by the Participant which contradict our policies.
No SPAM: SPAM (in any way, shape or form, including email and newsgroup spamming) will result in immediate account termination. All refferal fees owed up to termination date will be paid. THIS IS YOUR ONLY WARNING.

6. Pricing and availability

Product prices and availability may vary from time to time. In case of any price discrepancies, the price charged to the customer will always be the price listed on Magical Ventures webpage linked from your sponsoring website. We cannot guarantee the availability or price of any particular Product.

7. Copyrighted and Trademarked material

You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. Magical Ventures will not be responsible if you use another party's copyrighted or trademarked material in violation of the law.

8. Term of the Agreements

The term of this Agreement will begin upon our acceptance of your Affiliate 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 notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated for any other reason, you are only eligible to earn a referral fee on sales occurring during the term of the Agreement, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for 15 days to ensure that the correct amount is paid.

9. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion.

10. Relationship of Parties

You and Magical Ventures 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.

11. Limitation of Liability

We will not be liable for indirect, incidental, special, or consequential punative or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement or Magical Ventures's performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total commissions paid or payable to you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.

12. Disclaimers

We make no express or implied warranties or representations with respect to the Product or other items sold through Magical Ventures (including, without limitation, warranties of fitness for a particular purpose, 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.

13. Representations and Warranties

You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgement or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.

14. Indemnification

You hereby agree to indemnify, defend and hold harmless Magical Ventures, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) or any claim related to your site.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Magical Ventures. BY CLICKING ON THE "I ACCEPT" LINK AT THE END OF THIS AFFILIATE AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.

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