Welcome to Mag Shaker! Thanks for joining our Affiliate program.
These following terms and conditions apply to individuals who are accessing or using the Program both as a merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use product or service from the merchant.
By participating in the Program, Affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Affiliate or participate in the Program in any manner.
1. Approve or Reject of the Registration
We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.
2. Review and comply with FTC requirements
It is the affiliate's responsibility to download and Review the FTC Document for Endorsement Guidelines and the 'Disclosures 101 for Social Media Influencers'
When publishing posts/statuses about the Mag Shaker™ brand or products on your website, social media, video format or any other medium, you must clearly disclose that you are a Mag Shaker™ Brand Ambassador and your “material connection” to Mag Shaker™, including that you were given any consideration, were provided with certain experiences or are being paid for a particular service. The above disclosure should be clear and prominent and made near any statements that you make about Mag Shaker or Mag Shaker's products. This disclosure is required regardless of any space limitations of the medium (e.g., X/Twitter), where the disclosure can be made via Hashtags, e.g., #sponsored.
Your statements should always reflect your honest and truthful opinions and actual experiences. You should only make factual statements about Mag Shaker or Mag Shaker's products that you know for certain are true and can be verified. You must not misrepresent yourself as a "typical result" or as a "typical customer" when you promote Mag Shaker™ Products. You must be transparent and authentic.
You agree to avoid sites or use verbiage making medical claims regarding Mag Shaker's Products or services (i.e., "reduces back pain by 50%").
You agree that Mag Shaker is not responsible for any such violations on your part as contemplated herein. For additional information regarding your responsibility to ensure proper FTC disclosures and to comply with all FTC guidelines, please visit the FTC website.
3. Affiliate Links and Coupon
Affiliate link is automatically generated, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.
Affiliate might or might not be assigned to one coupon code with details and usage clarified on the affiliate Dashboard. If customer clicks on the affiliate link and uses a coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.
Affiliate may also advertise merchant website on online channels such as Facebook, Instagram,... or offline classified channel ads, magazines, and newspapers.
Create/Edit a custom coupon code: Make your code is easy to remember and not very long! Once you've logged into the affiliate dashboard, on the "Dashboard" tab, edit/change your code if desired. While signing up to be an affiliate, you may create a custom coupon code and URL affiliate link. Both the coupon code and website link may be changed after you are an approved affiliate as well!
4. Commissions and payment
Refer any customer to make a purchase on our website, you will get a commission amount which is calculated based on Commission structure. Commission amount is dependent on order value and not including extra fee (tax, shipping cost,...).
For an Affiliate to receive a commission, you need to specify the payment details on Settings. Payment schedule will be notified on Affiliate Guide page.
For cash payments, we pay via Paypal. Payment information needs to be correct and updated before payout. Enter the EMAIL ADDRESS you use to login to your PayPal account (The PayPal.me username will not allow us to pay you).
For commissions less than $10 in a month, payouts will be in Store Credit regardless of the affiliate's default payout method. Store Credit may be used for purchases on MagShaker.com (similar to using a gift card).
Payment date: Affiliates will be paid out no later than the 7th day of each month for the previous month's earnings.
Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy which gives merchant the right to review each and every referral order. Status of commission if displayed in Commission tab, any paid commission will be listed on Payment tab. Transactions that result in charge backs or refunds will not be paid out.
Independent Contractor : You are retained as an independent contractor of Mag Shaker. You acknowledge and agree that (i) you are solely responsible for the manner and form by which you perform under this Agreement, and (ii) you are a self-employed individual. You are responsible for the withholding and payment of all taxes and other assessments arising out of your performance of services, and you are not entitled to participate in any employee benefit plans of Mag Shaker.
5. Marketing tool
We may share promotion media such as banner, logo or specific collection promotion to you through Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels.
As a Mag Shaker™ Brand Ambassador, Mag Shaker will make available to you resources (each of these resources sometimes being referred to herein as "Resources" or, individually, as a "Resource") and banners, which, subject to the terms of this Agreement, you may display as often and in as many areas on your site as you desire and with Mag Shaker’s consent. The Resources will serve to identify your site as a member of the Mag Shaker™ Brand Ambassador program and will establish a Resource from your site to the Mag Shaker site.
Subject to the terms of the clause below, Mag Shaker will provide you with graphic images or text provided by us (and subject to change from time to time at Mag Shaker’s sole discretion). These Resources will connect your site directly to Mag Shaker’s site. By utilizing these Resources, users of your site will be able to order directly from Mag Shaker any Products that were described or referenced on your site.
You agree that Mag Shaker may update, edit, modify and add its logo to any photos that you send to Mag Shaker. It is your responsibility to obtain approval from the photographer before you send the photos to Mag Shaker.
In utilizing the Resources, you agree that you will display on your site only those graphic images (indicating a Resource) that are provided by us, or that you create in good taste as determined by Mag Shaker. All Resources may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of Mag Shaker and you. You agree that each Resource connecting users of your site to the pertinent area of the Mag Shaker site will in no way alter the look, feel or functionality of Mag Shaker’s site.
6. Network
If Network tab is activated, affiliate can invite others to become their downline affiliate. If any downline affiliate brings order to merchant shop, upline affiliate will also get network commission which depends on merchant settings.
To invite other affiliates into the system, share network link and any other affiliate who click on that link and sign up will become a downline affiliate.
7. Cookie
We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.
If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.
Cookies day is said on the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or use the coupon. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).
8. Paid social media advertising
Ambassadors are allowed to do Pay Per Click advertising and other paid social media advertising. Mag Shaker (ElevateTech Innovation LLC) reserves the right to use any of our “own terms” which includes actual product names. Generic Terms can be used by ambassadors, upon approval from ElevateTech Innovation LLC. All paid advertising campaigns used to promote the sale of Mag Shaker™ products must be approved prior to submission at affiliates@magshaker.com.
9. Removal from Referral Program
If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: affiliates@magshaker.com.
Requirements to be an affilaite: To keep your code and account active, you are required to post on the feeds (not just stories) of your social media accounts twice per month. If these criteria are not met, you may be removed from the affiliate program at the discretion of Mag Shaker™ (ElevateTech Innovation LLC).
Ad Enforcement: Any Mag Shaker™ Brand Ambassador commenting their personal coupon code on any of our social media ads, promotions, or any other Brand Ambassadors pages or posts, to be in violation of our agreement and will be considered for removal from the Mag Shaker™ Brand Ambassador program.
Coupon Code Sites The company reserves rights to disable codes that are promoted on coupon code sites! You are not allowed to submit your code on these sites as well as submitting to Coupon code sites that make a claim that their code discounts more than 10% off at checkout. Doing so will also put you at risk for being released from our program and will disqualify you from your commissions.
Your promotion of Mag Shaker™ is exclusive to Mag Shaker™ during the term of this Agreement. Due to our intellectual property for magnetic mounting bottles, Mag Shaker™ requires you will not work for or promote any other magnetic mounting bottles or shakers from a competitor or other company.
Note: Mag Shaker™ does allow you to promote other company's cups, shakers, or bottles that do not have magnetic mounting capabilities (bottles can't mount via magnets or mount phones via magnets).
All blog posts, social media statuses, tweets and/or comments should be in good taste and free of profane or inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, national origin, disability, sexual orientation, physical disability or age. To that end, you agree to avoid sites that promote in any way (i) sexually explicit material or violence; (ii) discrimination based on race, gender, religion, national origin, sexual orientation, physical disability or age: (iii) illegal activities; and (iv) hate speech or hate of any kind.
You agree to act professionally and positively when promoting the Mag Shaker™ brand or products, to maintain the highest ethical standards and to avoid even the appearance of impropriety.
You agree that you will not utilize spam, or send junk or unqualified traffic, in promoting Mag Shaker and Mag Shaker™ Products. This includes twitter/X spam and social media spam. Doing so will result in the immediate termination of your account with a cancellation of any pending commissions. You will also be held in violation of this Agreement and subject to legal action and be held liable for any financial loss incurred by Mag Shaker. Any service interruptions to Mag Shaker's website as a result of spamming will be billed to you at $500 per hour until service is restored.
For purposes of this Agreement, spam is defined as emailing anyone regarding Mag Shaker, in bulk or by single mailing, who has not specifically requested the information directly from you. Any type of advertisement about Mag Shaker posted to a newsgroup or chat room not sponsored by the Mag Shaker™ Brand Ambassador program is considered spam.
An exception to this definition is mailing to appropriate opt-in mailing lists when the source does the mailing on your behalf. However, you must use extreme caution when choosing an opt-in mailing list company. Using anything but the most reputable sources could generate spam complaints against Mag Shaker or the Mag Shaker™ Brand Ambassador Program, resulting in your suspension or termination.
You may include information about Mag Shaker in email acknowledgement messages for orders and inquiries that you receive so long as it is stated up front that you will be sending them an acknowledgement.
10. Market Confusion
You agree to refrain from using Mag Shaker in your Instagram (or other media's) username. Written approval from Mag Shaker’s Chief Executive Officer is required to do so.
11. Transparency and Disclosure
All social media posts (including any social media post referencing the Brand or Product and/or which could plausibly be interpreted by a third party as promoting the Brand or Product) must clearly disclose that the Post is an advertisement, in compliance with FTC guidelines. Such disclosure must be prominent and visible as the Post would appear on a user’s timeline, home page, for you page, etc. without having to expand the caption.
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Examples of compliant disclosures are: #Ad or #MagShakerAmbassador at the beginning of a caption; #Ad or “MagShakerAmbassador at the end of a caption, if visible without having to expand the caption; a visible and prominent watermark stating “Sponsored” or “MagShakerAmbassador” on the picture or video posted.
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Examples of insufficient disclosures are: #Ad or #MagShakerAmbassador next to many other hashtags; #Ad or #MagShakerAmbassador at the end of a very long post; an illegible or barely visible watermark in the corner of a post.
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General disclosures regarding your affiliation with the Company in your social media profile biography, or anywhere other than the Post, is not sufficient.
RESPECT INTELLECTUAL PROPERTY
All content in any format must be your original work or posted with authorization from the original creator with proper credit given. Posts may not infringe on the trademarks, copyrights, publicity rights, or any other legal rights of the Company or third parties.
Be aware that you are representing the Company in your Posts. It is important to the company that your Posts align with the Company’s values and do not cast the Company in a negative light. The Company reserves all rights to require you to delete or alter any post it deems to be contrary to Company policy or values.
Strict compliance with the above restrictions and guidelines is required. The Company reserves the right to monitor social media posts purporting to advertise the Brand and Products and to terminate ambassadors’ affiliation with the Company with or without notice, and at the sole discretion of the Company.
12. Compliance with this Agreement
Mag Shaker has the right in its sole discretion to monitor your site at any time to determine if you are following the terms of this Agreement.
Mag Shaker will monitor for FTC compliance to ensure that your disclosures are adequately added and that you are complying with FTC guidelines. You are expected to comply with all FTC guidelines.
13. Contest and Promotions
You are entitled to participate in and promote on your site any sweepstakes, contests and special promotions that Mag Shaker may offer. You may earn commissions that are derived only from offers and promotional tools provided explicitly by Mag Shaker for use on your site.
The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this Agreement and your removal as a Brand Ambassador.
14. Giveaways
Mag Shaker is not responsible for the cost, shipping or promotion of your personal giveaways. You are responsible for the purchase, shipping and advertising of items for your personal giveaways.
You agree to receive text messages from Mag Shaker at the number that you provide to Mag Shaker when you apply to become a Mag Shaker™ Brand Ambassador. Message and data rates may apply. Message frequency varies. You can unsubscribe afterwards at any time by replying STOP to cancel.
16. Report of Sales
You will be given a username and password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis.
17. Policies and Pricing
Customers who buy Mag Shaker's Products through Mag Shaker™ Brand Ambassador Program codes will be deemed to be customers of Mag Shaker. Accordingly, all of Mag Shaker’s rules, policies and operating procedures concerning customer orders, customer service and sales will apply to those customers. Mag Shaker may change its policies and operating procedures at any time. For example, Mag Shaker will determine the prices to be charged for its Products sold under the Mag Shaker™ Brand Ambassador Program in accordance with its own pricing policies. Mag Shaker’s prices and Product availability may vary from time to time. Because price changes may affect Products that you already have listed on your site, you should update pricing often or not include price information in your Product descriptions.
18. Publicity
You will not make any personal appearances or create, publish, distribute or permit any written material that refers to Mag Shaker without first submitting such material to Mag Shaker and obtaining Mag Shaker’s written consent
19. Licenses and Use of Mag Shaker’s Logos and Trademarks
MAG SHAKER GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS ITS SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE ITS LOGOS, TRADE NAMES, TRADEMARKS AND SIMILAR IDENTIFYING MATERIAL RELATING TO MAG SHAKER (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR MAG SHAKER. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE MAG SHAKER™ BRAND AMBASSADOR PROGRAM.
You shall not make any specific use of any Licensed Materials for purposes other than selling Products on your site for Mag Shaker, without first submitting a sample of such to Mag Shaker and obtaining the prior written consent of the Mag Shaker™ Brand Ambassador Program manager. Mag Shaker reserves all of its rights in the Licensed Materials and of its other proprietary rights. Mag Shaker may revoke your license at any time by giving you written notice of the revocation.
20. Promotion of Products on Prohibited Sites
Promotion or sale of Mag Shaker™ Products through Google Shopping, Amazon, eBay, or other product listing ads or sites (either owned or not owned by you) is prohibited unless express written permission is provided by Mag Shaker.
21. Confidentiality and Non-Disclosure
Mag Shaker may disclose certain of its confidential and proprietary information (the "Confidential Information") to you. Confidential Information shall include all data, materials, products, production methods, proprietary vendors, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, training materials and other information disclosed or submitted, orally, in writing or by any other media, to you by Mag Shaker. All Information disclosed orally shall be considered Confidential Information, unless identified as non-confidential by Mag Shaker at the time of disclosure. Nothing herein shall require Mag Shaker to disclose any Confidential Information to you.
You agree that any Confidential Information disclosed to you by Mag Shaker will not be shared with others in person, by email, through social media and in any other manner or through any other medium. You agree that Information provided to you by Mag Shaker will not be photographed, recorded or reproduced in any way on social media. This includes but is not limited to Mag Shaker™ Brand Ambassador training material, e-mail correspondence and written correspondence.
You agree that the Confidential Information is confidential and proprietary to Mag Shaker, and that you shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of the business of Mag Shaker and shall disclose it only to its officers, directors, or another Mag Shaker Brand Ambassador with a specific need to know and only disclosed as instructed by Mag Shaker. You will not disclose, publish or otherwise reveal any of the Confidential Information received from Mag Shaker to any other party whatsoever except with the specific prior written authorization of Mag Shaker. You shall not duplicate Confidential Information furnished in tangible and intangible form except for purposes of this Agreement. Upon the request of Mag Shaker, you shall return all Confidential Information received in written or tangible form, including any information copies, or reproductions, taken from Magshaker.com, within fifteen (15) days of such request. If you disclose, publish, or otherwise reveal any information, media or idea from Mag Shaker or Magshaker.com, you agree to pay $5,000 to Mag Shaker as and for liquidated, estimated and stipulated damages, to be paid within thirty (30) calendar days. At your option, you may destroy any documents or other media developed by you containing Confidential Information. You shall provide a written certificate to Mag Shaker regarding such destruction within ten (10) days thereafter.
You may not at any time disclose any sales, financial figures, costs or profit with anyone within Mag Shaker or outside of it without the written consent of Mag Shaker. This includes but is not limited to sales figures, sales tracking methods, customer counts, company growth, incentive programs and sales contests or events. Disclosing such information to another Mag Shaker™ Brand Ambassador or an external party will be considered a material breach of this Agreement and subject you to damages, injunctive relief and reimbursement of Mag Shaker's attorneys' fees and costs.
The obligations of confidentiality herein shall be effective immediately from the date that this Agreement and will continue indefinitely. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against you, nor by the rejection of any agreement between Mag Shaker and you, by your trustee in bankruptcy or by you as a debtor in possession or the equivalent of any of the foregoing under local or federal law.
22. Non-disagreement
You will not, during the term of this Agreement or at any time thereafter, make disparaging statements, in any form, either orally or in writing, about Mag Shaker’s officers, directors, agents, representatives, employees, affiliates, partners, brand and products.
23. Non-Solicitation of Customers
You agree not to solicit or attempt to solicit, directly or indirectly, for any purpose that is not in the interest of Mag Shaker, any customers of Mag Shaker with which you have had any contact, during the term of this Agreement and for a period of two (2) years following termination of this Agreement, notwithstanding the cause or reason for the termination of this Agreement.
You agree that at no time after the termination of this Agreement that you will solicit any of Mag Shaker’s Products or services or promote Mag Shaker’s codes to any of Mag Shaker’s customers.
24. Governing Law and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of the United States and the state of Florida; in the event of any conflict, the laws of Florida will govern. You consent to the jurisdiction of the District Courts for Florida and the U.S. District Court for the District of Florida for any dispute arising out of this Agreement. You agree that in the event of any breach or threatened breach by you, Mag Shaker may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Mag Shaker (ElevateTech Innovation LLC) against any such breach or threatened breach and reimbursement of Mag Shaker's attorneys' fees and costs.
25. Re-Using & Modifying Affiliate's Content
As a Mag Shaker Brand Affiliate/Ambassador, you agree that your Mag Shaker content posted on social media may be re-used, re-posted, or modified and re-used on Mag Shaker™ social media profiles, posts, vidoes, etc., Mag Shaker™ business owner's social media profiles, posts, videos, etc., or the magshaker.com website.
26. Entire Agreement
You represent and agree that no promise, inducement, or agreement other than as expressed herein has been made to you and that this Agreement is fully integrated, supersedes all prior agreements and understandings and any other agreement between Mag Shaker and you, and contains the entire agreement between Mag Shaker and you.
27. Modification
No oral agreement, statement, promise, undertaking, understanding, arrangement, act or omission of any party to this Agreement, occurring subsequent to the date hereof may be deemed an amendment or modification of this Agreement unless reduced to writing and signed by the parties hereto or their respective successors or assigns.
This Agreement is binding upon and will inure to the benefit of the parties, their successors, subsidiaries, affiliates and personal representatives.
Go forward and refer!
We're very glad you've made it to the end of this important document.
We wish you all the very best. You can always re-visit these Affiliate Program terms and conditions in the future and if you have any questions you can send email to affiliates@magshaker.com for support.
