Textmagic Affiliate Program Terms and Conditions

Published: September 28, 2023

Effective starting: October 28, 2023

These Textmagic Affiliate program terms and conditions constitute a legal agreement (the “Agreement”) between Textmagic, and You, regarding your application to participate as an affiliate of Textmagic (“Affiliate”), and the establishment of links from your website to our websites, textmagic.com, and its sub-domains and services. By signing up to be an Affiliate in the Textmagic Affiliate Program, You agree to be bound by the following terms and conditions. Please carefully go through all terms and conditions specified in the following document.

We reserve the right to update and change the Agreement from time to time without notice. Any amendments, enhancements, or changes to the Affiliate Program, including the release of new features and resources made available by us from time to time shall be subject to this Agreement. Continued use of the Affiliate Program after any such changes shall constitute Your consent to such changes.

Any violation of this Agreement may result in, among other things, termination or suspension of Your rights to be an Affiliate and forfeiture of any outstanding Commission Fee payments.

1. Definitions

1.1 “We”, “Our”, “Us”, “Textmagic” means Textmagic AS and its affiliates.

1.2 “You”, “Your,” “Affiliate(s),” and “Partner(s)” means the business, individual, or entity applying for participation in the Textmagic Affiliate Program, or that displays Our products, services, and/or promotions on its website and/or through offline representation through the affiliate tracking code in exchange for receiving remuneration from Textmagic for sales resulting from such display.

1.3 “Affiliate Program,” or “Partner Program,” means Textmagic’s Affiliate program.

1.4 “Affiliate Website” or “Your Website” means the Affiliate’s Internet site which displays Textmagic’s services and/or promotions.

1.5 “Affiliate Link” means the URL We provide to the Affiliate that can be used to identify the Affiliate when placing the URL on the Affiliate Website, email or other communications to the Textmagic Website.

1.6 “Canceled Purchase” means any purchase that was refunded, canceled, suspended, or subject to chargeback.

1.7 “Commission Fees” or “Commissions” means the remuneration payable to You by Textmagic under the Affiliate Program, subject to the terms hereof, for each Qualified Purchase by a Referred User that you directly referred to Textmagic under and in accordance with this Agreement.

1.8 “Textmagic Websites” means www.textmagic.com, www.touchpoint.com, and their sub-domains, and/or any other website that may be added by Textmagic.

1.9 “Fraudulent Traffic”means any traffic generated at the Affiliate Website in bad faith or through illegal means with the purpose to defraud Textmagic. Fraudulent traffic includes, but is not limited to spam, false advertising, manipulation of services, system bonuses, or promotions not approved by Textmagic, offers to share commissions directly or indirectly, and any unauthorized use of third-party accounts, copyrights, or trademarks.

1.10 “Prohibited Activity” means any activity that promotes, involves, or facilitates one or more of the following: a. discrimination on the basis of race, ethnicity, gender, religion, age, sexual orientation, disability, or national origin; b. Libelous, defamatory, obscene, pornographic, or sexually explicit/abusive activities; c. gambling; d. Illegal substances; e. false or misleading advertising; f. a conflict or violation of any law, rule, regulation, or any intellectual property; g. sedition or illegal activities.

1.11 “Qualified Purchase” means a purchase made by a Referred User of a Textmagic service. Any purchase refunded, canceled, or suspended will not be considered a Qualified Purchase, and shall be referred to as “Canceled Purchase.”

1.12 “Referred User” means each NEW and UNIQUE user referred directly through the affiliate link, provided by or approved by us, which meets the criteria set forth in section 4.1.

1.13 “Registration Form” means any form for enrollment, registration form, or other signup or acceptance form submitted by You in order to enroll into Our Affiliate Program.

Enrollment and Eligibility in the Textmagic Affiliate Program

2.1 By participating in the Affiliate Program, You agree that You will comply with Our Affiliate Program Rules & Requirements and all pages, policies, guidelines, and other documents referenced in this Agreement.

2.2 Textmagic uses two third-party affiliate program provider platforms, which You can use to sign up to the Affiliate Program:

1. - First Promoter: Affiliate Registration link: https://textmagic.firstpromoter.com/
  - ShareASale – Affiliate Registration link: https://www.shareasale.com/shareasale.cfm?merchantID=75317

2.3 To begin the enrollment process, you must submit a completed Affiliate Registration Form. You must provide Your full legal name, a valid email address and any other information requested in the Affiliate Registration Form to complete the sign-up process. You must be 18 years of age or older to join the Affiliate Program.

2.4 We reserve the discretion of approving or rejecting Your enrollment to the Textmagic Affiliate Program, including if we determine that Your Website is unsuitable. Unsuitable websites include those that:

– Promote coupon-based deals and discounts;
– Promote or contain sexually explicit content;
– Promote or contain violence or violent materials;
– Promote or contain libelous or defamatory materials;
– Promote discrimination; or employ discriminatory practices based on race, religion, sex, nationality, sexual orientation, age, or disability,
– Promote or undertake illegal activities,
– Include any trademark of Textmagic, its partner sites or affiliates, or a variant or misspelling of the Textmagic and its affiliates;
– Otherwise violate intellectual property rights.

2.5 If We reject Your application, you are welcome to reapply at any time.

3. Program Requirements

3.1 By participating in the Program, You agree that you will comply with our Affiliate Program terms and conditions and all pages, policies, guidelines, and other documents referenced in this Agreement.

3.2 If We agree to enroll You to our Affiliate Program, We will make available to You Affiliate Links that must be used to identify You when placing an Affiliate Link from Your Website, email, or other communications to the Textmagic Website. It is Your responsibility to ensure each such Affiliate Link is correctly formatted.

3.3 We may also provide You with graphic or textual images or materials that can be used on Your Website to promote Textmagic. You agree that You will display on Your Website only those graphic or textual materials in relevant sections on Your Website. Furthermore, You agree not to use cookie stuffing techniques that set the Affiliate tracking cookie without the Referred User’s knowledge.

3.4 You will provide us with any information requested to verify compliance with this Agreement. If we determine that You have not complied with any requirement or restriction described in the Agreement we may (a) withhold any advertising fees payable to You under this Agreement; (b) close any other accounts You may have or may open in the future, without payment of any advertising fees; (c) terminate this Agreement; or (d) undertake all of the above actions.

3.5 In addition, You consent to receiving communications from Us relating to the Affiliate Program; and monitoring, crawling, and otherwise investigating your Affiliate Website to verify compliance with this Agreement.

3.6 You are not legally bound by this document to exclusively promote Textmagic services. Both You and We are free to recommend products of a similar nature belonging to third parties and contract third parties to perform various tasks, including those related to design, sale & installation.

4. Commissions

4.1 Under the Affiliate Program, you will be paid a Commission Fee for each Qualified Purchase by a Referred User that starts using Textmagic services in accordance with the terms of this Agreement. Each Referred User and each Qualified Purchase must meet the following criteria:

Each Referred User must be a new and unique visitor to Textmagic and its affiliates.
Each Referred User must register to Textmagic services with a valid business email address. Users with anonymous, disposable, or free emails will not be able to create accounts.
Commission shall not be paid to the Affiliate for a Referred User that has already been tracked through Textmagic’s tracking system prior to visiting through the Affiliate Link.
Each Referred User must make a Qualified Purchase and provide a valid payment for the purchased services. To generate a Commission Fee for You, each Referred User must be an active, Qualified User of Textmagic and must be up-to-date in all payments at the time the Commission Fees are processed and not have been subject to a refund, cancellation, suspension, or chargeback.
Each Referred User must remain in compliance with our Terms of Service, and all applicable policies and guidelines of Textmagic.
Commission Fees may not be paid for the Qualified Purchase if the Referred User received a refund from the Affiliate.

4.2 Textmagic reserves the right to reverse, deny or reject any Commission Fee, and/or to deny or reject any Affiliate account, and/or terminate this Agreement immediately, for:

All Commissions generated for accounts that may be subject to Fraudulent Traffic.
Affiliates whom we believe may be artificially submitting Referred Users or charging double commissions, using false advertising, using marketing practices that We deem unethical or likely to attract fraudulent signups with a low likelihood of renewal.
Any orders deemed to be fraudulent or for which We see a pattern of potentially fraudulent activity, including, without limitation, where there are multiple accounts which are being operated by the same User or person, or referral accounts which do not comply with this Agreement.
Any traffic to Textmagic from the use of text magic, textmagic, textmagic.com, text magic messenger, www.text.magic.com, www.textmagic.com, textmagix, magic text, magic message, txt magic, textmagic messenger, www.textmagic.om, textmagic login, textmagic.co.uk, www.textmagic, magictext, magic SMS, http://textmagic.com, SMS magic, text magic home, text magic.com, text.magic.com, and any other obvious developments, permutations or variations for paid ads in search engines, including, without limitations: Google, Facebook, Bing, Yahoo, Microsoft Partner Websites, etc.
Any use of misleading websites or accounts on social media and other platforms.
Any Commissions for Referred Users who claim to have signed up through an Affiliate, but it has not been tracked by Our system.

4.3. Subject to the terms of this Agreement, We will pay a Commission Fee equal to the specified percentage or dollar amount in accordance with the Commission Plan with respect to Qualified Purchases, less any Canceled Purchases. Depending on the platform that You sign up with, Commission Fees will be processed as follows:

– FirstPromoter – Affiliate payouts will be processed by Textmagic directly, via PayPal between the 15th and 20th of the month for the previous month. Payouts will not be processed for Affiliates that have not specified a valid payment method. The minimum threshold for payouts via FirstPromoter is $10.

– ShareASale – Affiliate payouts via ShareASale will be sent out on the 20th of every month for the previous month’s Commissions. Payments are made by ShareASale to the Affiliate’s account, via Wire, ACH, or Company Check for accounts looking to deposit $10,000 or greater into an account. Please read ShareASale’s information on payments: https://blog.shareasale.com/2016/12/12/payments-refresher/. Textmagic will not be held responsible for any delays in payments processed by ShareASale.

4.4 The standard commission is 20% for each purchase made through the Affiliate Link. Referred Users that remain paying customers will also generate 20% recurring commissions for the Affiliate.

4.5 The Affiliate will continue to accumulate Commissions for each paid transaction by a Referred User made within one calendar year, starting from the first transaction by the respective Referred User. Any Affiliate who has joined the Affiliate Program before October 28, 2023 will instead continue to accumulate Commissions for each paid transaction by a Referred User for as long as the respective Referred User remains a paying customer.

4.6 Introducing Textmagic services to more Referred Users via the FirstPromoter platform can lead to an increase in commission percentages, as follows:

1 – 25 First Time Depositors (New Clients): 20% commission;

26 – 75 First Time Depositors (New Clients): 25% commission;

76+ First Time Depositors (New Clients): 30% commission.

4.7 Commission Fees shall be paid based on the current information in Your Affiliate profile. It is Your responsibility to notify us promptly if any change in Your address, or Payment Information has occurred by updating Your profile information. You are responsible for informing Textmagic of any changes to postal and email addresses, as well as any changes to Your name, email address, contact information, tax identification number, or any other personal information that will impact Textmagic’s ability to issue a valid Commission payment.

4.8 It is Your responsibility to provide Textmagic with accurate tax and payment information that is necessary to issue a Commission Fee to You. You are responsible for the payment of all applicable taxes related to the Commissions You receive under this Agreement.

4.9. Affiliate has access to real-time Affiliate Program statistics and activity and specifically agrees to file any tracking or Commission disputes as well as any other disputes and discrepancies within 30 days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after more than 30 days of the date on which the Qualified Purchase occurred will not be accepted by Textmagic and Affiliate forfeits forever any rights to a potential claim.

4.10 We will determine the prices to be charged for services sold under the Affiliate Program in accordance with Our own pricing policies. Services prices and availability may vary from time to time. Because price changes may affect services that You have listed on Your Website, You should not display services prices on Your Website. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.

5. Master Affiliates & Sub Affiliates

5.1. Subject to Textmagic’s acceptance, You may refer third parties that were not already registered as Textmagic affiliates (each, a “Sub-Affiliate“) by using a dedicated link provided by Our third-party partners for this purpose (the “Sub-Affiliate Link“). The registration of a Sub-Affiliate is subject to such Sub-Affiliate accepting the Textmagic Agreement, and upon registering, using the Sub-Affiliate Link.

5.2. Affiliates will be entitled to a commission of 10% of the revenue earned by each Sub-Affiliate (the “Sub-Affiliate Commission”). Such Sub-Affiliate Commission shall be paid to the Affiliate under the terms of Section 4 above, and subject to all other terms and conditions of this Agreement.

6. Obligations Regarding Your Website

6.1. You will be solely responsible for the development, operation, and maintenance of Your Website and for all materials that appear on Your Website. Such responsibilities include, but are not limited to, the technical operation of Your Website and all related equipment; content, descriptions, and references on Your Website and linking those descriptions to Our website; the accuracy and propriety of materials posted on Your Website (including, but not limited to, all materials related to Textmagic). You must ensure that materials posted on Your Website do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal.

6.2. We disclaim all liability and responsibility for such matters and You shall indemnify Us for any and all claims, losses, suits, demands liabilities, costs or expenses howsoever arising due to any misappropriation, infringement of a third party right or violation of any of your undertaking or warranties set forth in this Section 6. You further represent, warrant, covenant and agree that You will not use Your Website or Our website to engage in or promote any Prohibited Activity and undertake to comply with all state and federal laws, rules and regulation applicable to the operation of Your business.

7. Cookie Duration

7.1 Cookies used as part of the Affiliate tool have a set duration of 60 days. If a potential customer clears their cookies during this period, Textmagic will not be liable for any Commissions that may have been owed to you.

8. Textmagic Responsibilities

8.1 We will be responsible for providing all information necessary to allow You to make appropriate Affiliate Links from Your Website to Our site. Textmagic will be solely responsible for order processing of Qualified Purchases placed by a Referred User following an Affiliate Link from Your Website, including but not limited to payment processing, cancellations, refunds and related Textmagic service. Textmagic shall also be responsible for tracking the volume and amount of Qualified Purchases generated by Your Website, and for providing information to Affiliates regarding Qualified Purchases statistics.

9. Publicity, Emails, and SMS Campaigns

9.1 You shall not create, publish, transmit or distribute, under any circumstances, any bulk electronic mail messages (also known as “SPAM“) or text communications to contacts that have not given prior consent to be contacted. You may only send emails containing a Textmagic Affiliate Link and/or a message regarding Textmagic’s Affiliate Program to person(s) who have been previously contacted and who consented to the receipt of emails or texts containing such information. Failure by You to abide by this section, CAN-SPAM Act of 2003 or our Privacy Policy, in any manner, will be deemed a material breach of this Agreement by You and foreclose any and all rights you may have to any Commissions.

9.2 In all public postings and advertising materials related to Textmagic services and/or the Textmagic Affiliate Link, you will comply with the Federal Trade Commission’s Revised Endorsement and Testimonial Guidelines, which can be found here: ftc.gov/guides-governing-endorsements. In this regard, you commit, without derogating from any other guideline, to disclose your relationship with Textmagic clearly and conspicuously on your Affiliate Website and maintain such disclosure visible near the Affiliate Link, wherever it is published.

10. Personal Data Processing

10.1 Your privacy is important to Textmagic. By completing the Affiliate Registration Form and entering into this Agreement, You agree that Textmagic may use the information, including personal data, that you provide to Textmagic in accordance with the Textmagic Affiliate Program privacy policy available at: https://www.textmagic.com/affiliate-privacy-policy/

11. Term and Termination

11.1 The Term of this Agreement will commence upon Our acceptance of Your application to enroll to our Affiliate Program and acceptance of Your Registration Form and will end when terminated by either party. You may terminate this Agreement at any time, with or without cause, by giving 10 days notice.

11.2 Textmagic reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement with immediate effect, at any time for any reason, in Textmagic’s sole discretion.

11.3 You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Textmagic services are not canceled and comply with all Terms stipulated in this Agreement. We may withhold Your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Users are legitimate as determined by Textmagic in its sole discretion.

11.4 Notwithstanding the termination rights stipulated above, Affiliate’s participation in the Program, and this Agreement, shall be deemed automatically terminated and all Commissions forfeited upon Affiliate’s violation of any of the terms of this Agreement, Textmagic’s Terms of Service, Textmagic Affiliate Program privacy policy, or of any applicable law or regulation.

11.5 Any Affiliate who violates either this Agreement or Textmagic’s Terms of Service available at https://www.textmagic.com/terms-of-service/ will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Affiliate Program.

12. Modification

12.1 Textmagic reserves the right to modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. Such modifications shall take effect when updated on the Textmagic Website. Textmagic, will notify Affiliates of any changes to the terms and conditions of the Agreement via email or via Textmagic Website.

13. Relationship of the Parties

13.1 You and Textmagic are independent contractors, and nothing in this Agreement will create any partnership, agency, franchise, employment relationship, or joint venture between the parties. You will have no authority to make or accept any offers or representations on Textmagic’s behalf. You will not make any statement, whether on Your Website or otherwise, that reasonably would contradict anything in this section.

13.2 You may not issue any press release with respect to this Agreement or Your participation in the Affiliate Program. Such action may result in Your termination from the Affiliate Program. In addition, You may not in any manner misrepresent or embellish the relationship between Us and You, say You develop Our services, say You are a part of Textmagic or imply any relationship between Us and You or any other person or entity, except as expressly permitted by this Agreement.

14. Intellectual Property Rights

14.1 Nothing in this Agreement grants You any right to use the intellectual property of Textmagic in any way that is not explicitly set out in the Agreement. Textmagic reserves all right, title and interest in all intellectual property in Textmagic Websites, services, trademarks and any other intellectual property of Textmagic.

14.2 You undertake, directly and in any indirect manner, not to register or procure any Internet domain that includes any of the Textmagic trademarks. You also undertake not to bid or target keywords containing branded terms (e.g. Textmagic, text magic, and other obvious permutations) on search engines such as Facebook, Google, Yahoo, Bing, Microsoft Partner Websites, etc.

14.3 You are solely responsible for ensuring that You and any materials available at Your Website obey all applicable copyright, trademark, and other intellectual property laws. Textmagic will not be responsible if You use another party’s copyrighted or trademarked material in violation of the law.

14.4 You are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant Us a non-exclusive, royalty-free, worldwide license to utilize Your names, titles, and logos to advertise, market, promote, and publicize in any manner Our rights hereunder. This license shall terminate upon the expiration or termination of this Agreement.

15. Representation and Warranties

15.1 The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Textmagic Affiliate Program. You indicate Your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing and submitting the Affiliate Registration Form. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

15.2. During the term of this Agreement, You will not include in Your Website content that is, in Our opinion, unlawful, threatening, defamatory, obscene, harassing, ethically, or otherwise objectionable or in violation with our Privacy Policy and Terms of Service.

15.3 Every Referred User and Qualified Purchase referred or submitted by You to Us is, to the best of Your knowledge, genuine, unique, and non-fraudulent and meets the criteria for generating a Commission Fee as provided in this Agreement.

16. Liability

16.1 To the maximum extent permitted under applicable law, Textmagic and any of Textmagic’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Affiliate Program.

16.2 If Your use of material provided under this Affiliate Program results in the need for servicing, repair or correction of equipment, software or data, You assume all costs thereof.

16.3 Textmagic’s maximum aggregate liability under or in connection with this Agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which We are obliged to pay You in the twelve (12) month period immediately prior to the period giving rise to such Claim.

17. Force Majeure

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).

17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:

strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of public or private telecommunications networks;
the acts, decrees, legislation, regulations or restrictions of any government.

18. Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Agreement may be performed despite the Force Majeure Event.

19. Waiver

19.1 If we fail, at any time to insist upon strict performance of any of Your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

19.3 No waiver by us of any term in the Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

20. Severability

20.1 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21. Entire Agreement

21.1 This Agreement and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Affiliate Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.

22. Governing Law and Jurisdiction

22.1 This Agreement shall be governed and construed in accordance with Estonian law.

22.2 Upon any dispute arising out of or in connection Agreement, You agree to first try to resolve it informally via negotiations with Textmagic. If negotiations fail, it is hereby agreed that any action at law or in equity shall be finally adjudicated or determined in Harju County Court, Estonia and You hereby submit unconditionally to the exclusive jurisdiction and venue of this court.

22.3 This Agreement describes certain legal rights. You may have other rights under the laws of your state or country, which are not specified in this Agreement. For example, if you are a resident of a European Union member state, you will benefit from any mandatory provisions of consumer protection law in the member state in which you are resident, and you can bring legal proceedings in relation to this Agreement in the courts of the member state in which you are resident.

23. Independent Investigation

23.1 Your continuation of the Affiliate partnership indicates that you have read this Agreement and agree to be bound by all its terms and conditions. You have independently evaluated the desirability of participating in the Textmagic Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

24. Contact Details

24.1 For any questions concerning this Agreement, you may contact Textmagic at the following address: [email protected].