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Welcome to Magic10Marketing

Terms and Conditions

Magic 10 Marketing, Inc. (also referred to as “Magic 10 Marketing” or “the Company”)  is committed to providing you, the potential Customer or Independent Distributor, the highest quality product and the option to participate in a voluntary Marketing Opportunity.

We are committed to honesty and fairness and we have written this guide to protect the Customers, Independent Distributors, and the Company from illegal and unethical practices. This document  includes a glossary of key terms, ethical guidelines, and policies that relate to becoming an Independent Distributor, placing orders, processing refunds, and conducting your voluntary independent business.

These Terms and Conditions include the following sections:

  1. Glossary of Key Terms

  2. Products/Services Offered, including Shipping Method, Pricing, and Timing

  3. Privacy Policy

  4. Payment Policy

  5. Shipping Policy

  6. Return/Refund/Cancellation Policies

  7. Code of Conduct for Independent Distributors

  8. Independent Distributor Agreement

  9. Legal Statements

 

1. GLOSSARY OF KEY TERMS

“Magic 10 Marketing, Inc.”

Magic 10 Marketing, Inc., also referred to as “Magic 10 Marketing” and “the Company”  is a Utah Registered Corporation.

 

“Customer”

A Customer is a person who has purchased products from the Company as a Guest and at retail prices. A Customer may upgrade to Independent Distributor status and qualify for wholesale pricing at any time by agreeing to these Terms and Conditions and enrolling on the site. Customers are never required to provide a Social Security Number or Federal ID Number to purchase products from the Company. Independent Distributors are required to provide a valid Social Security Number or Federal ID Number the first time they request payment of earned and available Commissions.

 

“Independent Distributor”

An Independent Distributor is a person who has voluntarily enrolled with Magic 10 Marketing and has agreed to these Terms and Conditions. Independent Distributors can purchase products at wholesale prices for retail sale and may also share the Company’s products and or Marketing Opportunity with others for the purpose of earning Commissions. By enrolling as an Independent Distributor, the enrollee has indicated that he or she is willing to abide by all the Company policies found in these Terms and Conditions.

 

“Marketing Opportunity”

Customers of Magic 10 Marketing are given the option to voluntarily participate in the Company’s Marketing Opportunity by agreeing to these Terms and Conditions and enrolling as an Independent Distributor on the site. The Marketing Opportunity is a three-part program in which Independent Distributors can earn compensation (“Commissions”) by meeting certain qualification criteria. Unlike other companies, Magic 10 Marketing’s Independent Distributors will never be penalized in the program for not meeting minimum monthly requirements. The three parts of the Marketing Opportunity are defined as follows:

 

Part 1 - 5x5 Forced Matrix

By buying at least one product from the Company each month for either personal use or retail sale and agreeing to these Terms and Conditions, Independent Distributors can be compensated $0.60 for every product purchased in their personal 5x5 Forced Matrix (up to 3,905 people).

 

By participating in Part 1 of the Marketing Opportunity:

  1. Independent Distributors will receive $0.60 (USD) per every product purchased within their personal 5x5 Forced Matrix.

  2. All money received will go directly into the Independent Distributor’s E-Wallet.

  3. Independent Distributors agree to allow the Company to withhold $2.00 (USD) each month from their E-Wallet as a Recurring Website Marketing and Maintenance Fee.

  4. Independent Distributors agree to allow the Company to reserve from their E-Wallet $15.00 (USD) plus $5.00 USA/$10.00 International shipping and handling for each product in their monthly Recurring Product Autoship.

  5. All compensation accumulated in the Independent Distributor’s E-Wallet in excess of the monthly Recurring Website Marketing and Maintenance Fee and the Recurring Product Autoship is available for withdrawal by check, subject to a $2.95 (USD) Commission Request Transaction Fee for each withdrawal request. All Commissions are paid in US Dollars.

  6. It’s understood that the Independent Distributor will not be penalized in any way if they do not have enough money in their E-Wallet to cover the Recurring Website Marketing and Maintenance Fee, Recurring Product Autoship, or the Commission Request Transaction Fee. The Company will wait until the Independent Distributor has received the necessary funds in their E-Wallet and start the process over again, as described in detail in Section 4. Payment Policy.

 

Part 2 - Bonus Levels

By agreeing to these Terms and Conditions and meeting the minimum requirements listed in the following table, an Independent Distributor can potentially receive the following compensation in Part 2 - Bonus Levels:

 

Bonus Level

Minimum Requirements

Override*

Bonus Level 1

  • Personally enroll 2 people

  • Buy 2 products per month for resale/retail sale

20% of the Commissions earned on the Independent Distributor’s personal

5x5 Forced Matrix Level 1

(up to 5 people)

Bonus Level 2

  • Personally enroll 4 people

  • Buy 4 products per month for resale/retail sale

20% of the Commissions earned on the Independent Distributor’s personal

5x5 Forced Matrix Level 2

(up to 25 people)

Bonus Level 3

  • Personally enroll 6 people

  • Buy 6 products per month for resale/retail sale

20% of the Commissions earned on the Independent Distributor’s personal

5x5 Forced Matrix Level 3

(up to 125 people)

Bonus Level 4

  • Personally enroll 8 people

  • Buy 8 products per month for resale/retail sale

20% of the Commissions earned on the Independent Distributor’s personal

5x5 Forced Matrix Level 4

(up to 625 people)

Bonus Level 5

  • Personally enroll 10 people

  • Buy 10 products per month for resale/retail sale

20% of the Commissions earned on the Independent Distributor’s personal

5x5 Forced Matrix Level 5

(up to 3,125 people)

* Calculated on the Commissions earned per sale. Commissions earned in Part 2 - Bonus Levels or Part 3 - Global Bonus Pools are not included in the override calculation.

 

By participating in Part 2 of the Marketing Opportunity:

  1. Independent Distributors will receive the compensation/override listed in the table above once the minimum requirements have been met.

  2. All money received will go directly into the Independent Distributor’s E-Wallet.

  3. Independent Distributors agree to allow the Company to withhold $2.00 (USD) each month from their E-Wallet as a Recurring Website Marketing and Maintenance Fee.

  4. Independent Distributors agree to allow the Company to reserve from their E-Wallet $15.00 (USD) plus $5.00 USA/$10.00 International shipping and handling for each product in their monthly Recurring Product Autoship. For example, an Independent Distributor in the United States who purchases 10 products for resale/retail sale to qualify for Bonus Level 5 would pay a total of $200.00 for their Recurring Product Autoship each month.

  5. All compensation accumulated in the Independent Distributor’s E-Wallet in excess of the monthly Recurring Website Marketing and Maintenance Fee and the Recurring Product Autoship is available for withdrawal by check, subject to a $2.95 (USD) Commission Request Transaction Fee for each withdrawal request. All Commissions are paid in US Dollars.

  6. It’s understood that the Independent Distributor will not be penalized in any way if they do not have enough money in their E-Wallet to cover the Recurring Website Marketing and Maintenance Fee, Recurring Product Autoship, or the Commission Request Transaction Fee. The Company will wait until the Independent Distributor has received the necessary funds in their E-Wallet and start the process over again, as described in detail in Section 4. Payment Policy.

 

Part 3 - Global Bonus Pools

By agreeing to these Terms and Conditions and meeting the minimum requirements listed in the following table, an Independent Distributor can potentially receive the following compensation in Part 3 - Global Bonus Pools:

 

Global Bonus Pool

Minimum Requirements

Override*

Global Bonus Pool 1

  • Personally enroll 25 people

  • Buy at least 1 product per month for personal use or resale/retail sale

$0.20 from each sale worldwide shared equally between qualified Global Bonus Pool 1 recipients

Global Bonus Pool 2

  • Personally enroll 50 people

  • Buy at least 1 product per month for personal use or resale/retail sale

$0.20 from each sale worldwide shared equally between qualified Global Bonus Pool 2 recipients

Global Bonus Pool 3

  • Personally enroll 100 people

  • Buy at least 1 product per month for personal use or resale/retail sale

$0.20 from each sale worldwide shared equally between qualified Global Bonus Pool 3 recipients

Global Bonus Pool 4

  • Personally enroll 200 people

  • Buy at least 1 product per month for personal use or resale/retail sale

$0.20 from each sale worldwide shared equally between qualified Global Bonus Pool 4 recipients

* Calculated and shared daily (Midnight to Midnight - USA Mountain Time) among all qualified participants in each Global Bonus Pool category.

 

By participating in Part 3 of the Marketing Opportunity:

  1. Independent Distributors will receive the compensation listed in the table above once the minimum requirements have been met.

  2. All money received will go directly into the Independent Distributor’s E-Wallet.

  3. Independent Distributors agree to allow the Company to withhold $2.00 (USD) each month from their E-Wallet as a Recurring Website Marketing and Maintenance Fee.

  4. Independent Distributors agree to allow the Company to reserve from their E-Wallet $15.00 (USD) plus $5.00 USA/$10.00 International shipping and handling for each product in their monthly Recurring Product Autoship.

  5. All compensation accumulated in the Independent Distributor’s E-Wallet in excess of the monthly Recurring Website Marketing and Maintenance Fee and the Recurring Product Autoship is available for withdrawal by check, subject to a $2.95 (USD) Commission Request Transaction Fee for each withdrawal request.

  6. It’s understood that the Independent Distributor will not be penalized in any way if they do not have enough money in their E-Wallet to cover the Recurring Website Marketing and Maintenance Fee, Recurring Product Autoship, or the Commission Request Transaction Fee. The Company will wait until the Independent Distributor has received the necessary funds in their E-Wallet and start the process over again, as described in detail in Section 4. Payment Policy.

 

“Commissions”

Compensation earned by an Independent Distributor of the Company who voluntarily participates in one or parts of the Marketing Opportunity and meets certain minimum qualification requirements, as described in detail in “Marketing Opportunity.” All Commissions are paid in US Dollars (“USD”).

 

“E-Wallet” and “E-Wallet Reserve”

Commissions earned by an Independent Distributor are accumulated in a personal electronic, or E-Wallet, account. Commissions can be withdrawn from the E-Wallet account once certain monthly E-Wallet Reserve requirements have been met, including: 1) Recurring Product Autoship, 2) Recurring Website Marketing and Maintenance Fee, and 3) Commission Payment Request Transaction Fee, as described in detail in Section 4. Payment Policy of these Terms and Conditions.

The Independent Distributor can request disbursement of Commissions earned in excess of the monthly E-Wallet Reserve requirements and the applicable transaction service fee by logging into their personal Virtual Office and clicking on the “My Network” tab.

 

“Recurring Website Marketing and Maintenance Fee”

By agreeing to these Terms and Conditions and voluntarily signing up with the Company as an Independent Distributor, the Independent Distributor agrees to a $2.00 (USD) Recurring Website Marketing and Maintenance Fee paid from their personal E-Wallet account, as described in detail in Section 4. Payment Policy of these Terms and Conditions.

 

“Recurring Product Autoship”

By agreeing to these Terms and Conditions and voluntarily signing up with the Company as an Independent Distributor, the Independent Distributor agrees to automatically receive a shipment of one or more products each month for either personal use or retail sale, depending on the number of products purchased in the Recurring Product Autoship order, paid for from their personal E-Wallet account, as described in detail in Section 4. Payment Policyof these Terms and Conditions.

 

“Commission Payment Request Transaction Fee”

By agreeing to these Terms and Conditions and voluntarily signing up with the Company as an Independent Distributor, the Independent Distributor agrees to have a $2.95 Commission Payment Request Transaction Fee each time they request payment of Commissions available for disbursement. Commissions are accumulated in an Independent Distributor’s E-Wallet account, as described in detail in Section 4. Payment Policy of these Terms and Conditions. All Commissions are paid in US Dollars.



2. PRODUCTS/SERVICES OFFERED, INCLUDING SHIPPING METHOD, PRICING, AND TIMING

 

Products/Services Offered

Magic 10 Marketing, Inc. offers both Customers and Independent Distributors an opportunity to purchase:

Magic 10 Crystalline Nano Silver (50 parts per million) - 4 fluid ounces (120 milliliters) - 100% Natural

Millions of people worldwide use silver due to its natural properties. Our product is formulated in small batches under rigorous testing procedures to ensure the highest quality. Magic 10’s silver utilizes a nano particle size at 50 parts per million (ppm).

*These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

 

Shipping Method

The Company ships products via the US Postal Service (USPS) or the United Parcel Service (UPS). Internationally, the Company will utilize the shipping method of our preference and may utilize local distribution centers in each country.

 

Pricing

$15.00 (USD) plus $5.00 USA/$10.00 International shipping and handling per each product.

 

Timing

Products can be purchased by either Customers or Independent Distributors at any time, as described in detail in Section 4. Payment Policy of these Terms and Conditions.

 

3. PRIVACY POLICY

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' is being used online. Personally Identifiable Information, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read the Privacy Policy carefully to get a clear understanding of how the Company collects, uses, protects, or otherwise handles your Personally Identifiable Information in accordance with our website.

 

What information do we collect?

The Company collects information from you when you register on our site or place an order. When ordering as a Customer/Guest or enrolling on the Company’s site as an Independent Distributor, you may be asked to enter your: name, email address, mailing/billing address, phone number, and credit card information. You may, however, visit the site anonymously. If you are a US resident, you will be asked to provide your valid Social Security Number or Federal ID Number the first time you request payment for earned Commissions. Any earnings dispersed to an Independent Distributor that exceed required tax reporting limits for the year will be reported to the Internal Revenue Service. All Independent Distributors will complete W-9 Tax Form and will be issued a Form 1099-MISC by January 31 for the preceding year’s earnings. The Company does not store any credit card information in our databases or on our secure servers, as described in detail in Section 4. Payment Policy.

 

When do we collect information?

The Company collects information from you when you place an order/make a purchase, enter information on our site, voluntarily enroll as an Independent Distributor, sign up for our newsletter, respond to a survey or marketing communication, or use certain other site features such as the Virtual Office.

 

What do we use your information for?

Any of the information the Company collects from you may be used in one of the following ways:

  • To process transactions, ship orders, and pay Commissions.

  • To send periodic emails. The email address you provide for order processing may be used to send you information and updates pertaining to your order, your status in the Company, Company news, updates, related products, service information, etc.

 

How do we protect your information?

The Company implements a variety of security measures to maintain the safety of your personal information when you visit the site, place an order as a Customer/Guest, voluntarily enroll as an Independent Distributor, or access your personal information.The website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to the site as safe as possible. The Company uses regular Malware Scanning. The Company utilizes secure servers and all transactions are processed through a Payment Gateway Provider and are not stored or processed on our secure servers. All personal information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment Gateway Providers’ Databases. It is then only accessed by those who are authorized and they are required to keep the information confidential. After a transaction, your private credit card information will not be stored on the Company’s secure servers. Should you voluntarily elect to participate in the Marketing Opportunity as an Independent Distributor, your contact information, Social Security Number, and earnings information will be stored on the Company’s secure servers. Should you no longer wish to be an Independent Distributor, you may cancel at any time, as described in detail in Section 8. Cancellation Policy. Any tax information will be stored on the Company’s secure servers for the length of time required by the Internal Revenue Service. Please refer to Section 8. Cancellation Policy for further information.

 

Do we use Cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser. Cookies enable the site’s or service provider’s systems to recognize your browser and to capture and remember certain information. For instance, the Company uses cookies to help us remember and process the items in your shopping cart. The Company uses cookies to understand and save your preferences for future visits. The Company also uses cookies to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is different, so look at your browser's Help menu to learn the correct way to modify your cookies.

 

Do we disclose any information to outside parties?

The Company does not sell, trade, or otherwise transfer your Personally Identifiable Information, whether public or private. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you so long as those parties agree to keep this information confidential. The Company may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others rights, property, or safety. Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, etc.

 

Third-Party Links

Occasionally, the Company, at its sole discretion, may include or offer third-party products or services on our site. These third-party sites have separate and independent privacy policies. The Company, therefore, has no responsibility or liability for the content and activities of these linked sites. Nonetheless, the Company seeks to protect the integrity of our site and welcome any feedback about any third-party sites.

 

Google

Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

The Company uses Google AdSense Advertising on our website. Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

We have implemented the following:

  • Remarketing with Google AdSense

  • Demographics and Interests Reporting

We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.

Opting out:

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

 

California Online Privacy Protection Act (CalOPPA)

CalOPPA is the first state law in the nation to require commercial websites and online services to post a Privacy Policy. The law's reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous Privacy Policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

In accordance with CalOPPA, the Company agrees to the following:

- Users can visit our site anonymously

- Once this Privacy Policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.

- Our Privacy Policy link includes the word 'Privacy', and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes on our Privacy Policy page. Users are able to change their personal information by logging in to their account.

 

How does our site handle do not track signals?

The Company honors do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

 

Does our site allow third party behavioral tracking?

It's also important to note that we do not allow third party behavioral tracking

 

Children Online Privacy Protection Act (COPPA)

When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. The Company does not specifically market to children under 13.

 

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices, the Company will take the following responsive action, should a data breach occur:

  • The Company will notify the users via in-site notification within 7 business days.

The Company also agrees to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

 

CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

To be in accordance with the CAN-SPAM Act, the Company agrees to the following:

If at any time you would like to unsubscribe from receiving future emails, you can email us at support@magic10marketing.com and we will promptly remove you from ALL correspondence.

 

Your Consent

By using our site you consent to our Privacy Policy.

 

Changes to the Privacy Policy

The Company will post any changes to this Privacy Policy to these Terms and Conditions.

 

Contacting Us

If there are any questions regarding this Privacy Policy, you may contact us using the information below.

Magic 10 Marketing, Inc.

1890 South 3850 West

Salt Lake City, Utah 84104

United States

support@magic10marketing.com

www.magic10marketing.com

Customer Service: (844) 306-6921



4. PAYMENT POLICY

Stand-Alone Product Purchase at Retail Prices for Customers/Guests

Accepted Methods of Payment: Credit Card (Visa, MasterCard, American Express, or Discover).

You are not required to enroll with the Company as an Independent Distributor to purchase our product. You may purchase the product at anytime as Customer by selecting “Checkout as Guest” from the ordering page.

The Company does not store credit card information on our secure servers. Your credit card will never be charged unless specifically authorized by you. You will be required to re-enter your credit card information with each order.

Pricing: Customers pay retail pricing of $29.99 (USD) plus $5.00 USA/$10.00 International shipping and handling for each product purchased. Any changes to the product or shipping and handling cost will be posted to these Terms and Conditions and applicable sections of the Company’s site.

 

Initial Product Purchase at Wholesale Prices for Independent Distributors

Accepted Methods of Payment: Credit Card (Visa, MasterCard, American Express, or Discover).

The Company does not store credit card information on our secure servers. Your credit card will never be charged aside from the Initial Product Purchase you authorize or unless you specifically authorize the purchase of a Stand-Alone Order with your credit card (after the Initial Product Purchase and separate from the Recurring Product Autoship order).

Pricing: Independent Distributors pay wholesale pricing of $15.00 (USD) plus $5.00 USA/$10.00 International shipping and handling for each product purchased. Any changes to the product or shipping and handling cost will be posted to these Terms and Conditions and applicable sections of the Company’s site.

 

Stand-Alone Product Purchase(s) at Wholesale Prices for Independent Distributors

Accepted Methods of Payment: Credit Card (Visa, MasterCard, American Express, or Discover) or E-Wallet.

The Company does not store credit card information on our secure servers. Your credit card will never be charged aside from the Initial Product Purchase you authorize or unless you specifically authorize the purchase of a Stand-Alone Order (after the Initial Product Purchase and separate from the Recurring Product Autoship order). Once you are enrolled with the Company as an Independent Distributor and choose to purchase a Stand-Alone Order, you will be required to enter your credit card information with each Stand-Alone Order, unless you have sufficient available Commissions in your E-Wallet to cover the product and shipping and handling costs of the Stand-Alone Order and elect to use your E-Wallet funds to complete the transaction.

Pricing: Independent Distributors pay wholesale pricing of $15.00 (USD) plus $5.00 USA/$10.00 International shipping and handling for each product purchased. Any changes to the product or shipping and handling cost will be posted to these Terms and Conditions and applicable sections of the Company’s site.

 

Recurring Product Autoship (after Initial Product Purchase) for Independent Distributors

Accepted Method of Payment: The Independent Distributor’s personal electronic, or E-Wallet, account with the Company.

The Company does not store credit card information on our secure servers; therefore, credit card transactions are not supported for Recurring Product Autoships. Your credit card will never be charged aside from the Initial Product Purchase you authorize or unless you specifically authorize the purchase of a Stand-Alone Order (after the Initial Product Purchase and separate from the Recurring Product Autoship order).

Pricing: Independent Distributors pay wholesale pricing of $15.00 (USD) plus $5.00 USA/$10.00 International shipping and handling for each product purchased. Any changes to the product or shipping and handling cost will be posted to these Terms and Conditions and applicable sections of the Company’s site.

By agreeing to these Terms and Conditions and voluntarily signing up with the Company as an Independent Distributor, the Independent Distributor agrees to automatically receive a shipment of one or more products each month for either personal use or retail sale, depending on the number of products purchased in the Recurring Product Autoship order.

The Company will attempt to deduct the Recurring Product Autoship payment, including both product and shipping and handling costs, from the Independent Distributor’s E-Wallet one month following the original enrollment date and every month thereafter. The day of the month the Company will attempt to collect the Recurring Product Autoship payment each month will correspond to the Independent Distributor’s original enrollment day, with the exception of enrollments completed on the 29th, 30th, or 31st day of a month, all of which will have a monthly Recurring Product Autoship day of the 28th. Should the Independent Distributor choose to change the number of products included in the Recurring Product Autoship order, the autoship day each month will correspond to the new Amended Recurring Product Autoship order date, with the exception of amendments completed on the 29th, 30th, or 31st day of a month, all of which will have an Amended Recurring Product Autoship day of the 28th.

In the event that an Independent Distributor’s E-Wallet does not contain sufficient funds to pay for the Recurring Product Autoship on the scheduled day, the E-Wallet will continue to accumulate Commissions until the necessary funds are available. The Recurring Product Autoship will be triggered on the first day the necessary funds are available, then revert back to the original Recurring Product Autoship day the following month, provided the necessary funds are available the following month. The Independent Distributor will never be penalized or lose their position in the Company’s voluntary Marketing Opportunity by not having sufficient funds in the E-Wallet to pay for the Recurring Product Autoship. The Company will never deduct an Independent Distributor’s account so that the account falls into “negative” funds because of the Recurring Product Autoship. However, an Independent Distributor can not withdraw Commissions until the Recurring Product Autoship requirement has been met for the month.

 

Recurring Website Marketing and Maintenance Fee for Independent Distributors

Accepted Method of Payment: The Independent Distributor’s personal electronic, or E-Wallet, account with the Company.

The Company does not store credit card information on our secure servers; therefore, credit card transactions are not supported for Recurring Website Marketing and Maintenance Fees. Your credit card will never be charged aside from the Initial Product Purchase you authorize or unless you specifically authorize the purchase of a Stand-Alone Order (after the Initial Product Purchase and separate from the Recurring Product Autoship order).

Fee: Independent Distributors pay a recurring monthly fee of $2.00 (USD) to support marketing and maintenance of their personal website and Virtual Office. Any changes to the Recurring Website Marketing and Maintenance Fee will be posted to these Terms and Conditions and applicable sections of the Company’s site.

By agreeing to these Terms and Conditions and voluntarily signing up with the Company as an Independent Distributor, the Independent Distributor agrees to a $2.00 (USD) Recurring Website Marketing and Maintenance Fee each month. The Company will attempt to deduct this fee from the Independent Distributor’s E-Wallet one month following the original enrollment date and every month thereafter. The day of the month the Company will attempt to collect the Recurring Website Marketing and Maintenance Fee each month will correspond to the Independent Distributor’s original enrollment day, with the exception of enrollments completed on the 29th, 30th, or 31st day of a month, all of which will have a Recurring Website Marketing and Maintenance Fee day of the 28th each month. In the event that an Independent Distributor’s E-Wallet does not contain sufficient funds to pay for the Recurring Website Marketing and Maintenance Fee on the scheduled day, the E-Wallet will continue to accumulate Commissions until the necessary funds are available. The monthly Website Marketing and Maintenance Fee will be processed on the first day the necessary funds are available, then revert back to the original Recurring Website Marketing and Maintenance Fee day the following month, provided the necessary funds are available the following month. The Independent Distributor will never be penalized or lose their position in the Company’s voluntary Marketing Opportunity by not having sufficient funds in their personal E-Wallet to pay for the Website Marketing and Maintenance Fee. The Company will never deduct an Independent Distributor’s account so that the account falls into “negative” funds because of the Recurring Website Marketing and Maintenance Fee. However, an Independent Distributor can not withdraw Commissions until the Recurring Website Marketing and Maintenance Fee requirement has been met for the month the request is made.

 

Commission Payment Request Transaction Fee for Independent Distributors

Accepted Method of Payment: The Independent Distributor’s personal electronic, or E-Wallet, account with the Company.

The Company does not store credit card information on our secure servers; therefore, credit card transactions are not supported for the Commission Payment Request Transaction Fee. Your credit card will never be charged aside from the Initial Product Purchase you authorize or unless you specifically authorize the purchase of a Stand-Alone Order (after the Initial Product Purchase and separate from the Recurring Product Autoship order).

Fee: Independent Distributors pay a transaction fee of $2.95 (USD) each time they request available Commissions to be paid. Any changes to the Commission Payment Request Transaction Fee will be posted to these Terms and Conditions and applicable sections of the Company’s site.

By agreeing to these Terms and Conditions and voluntarily signing up with the Company as an Independent Distributor, the Independent Distributor agrees to have a $2.95 Commission Payment Request Transaction Fee each time they request payment of available Commissions. Commissions earned by an Independent Distributor are accumulated in a personal electronic, or E-Wallet, account. Commissions can be withdrawn from the E-Wallet account once the Recurring Product Autoship and the Recurring Website Marketing and Maintenance Fee has been met each month. The Independent Distributor can request disbursement of Commissions earned in excess of the monthly E-Wallet Reserve requirements and the applicable transaction service fee by logging into the Independent Distributor’s virtual office and clicking on the “My Network” tab. All Commissions are paid in US Dollars.

The cutoff time for requesting weekly Commissions that are currently available in the Independent Distributor’s E-Wallet is Midnight (USA Mountain Time) each Saturday. Independent Distributors can request their Commissions to be transferred by bank check to be sent through the US Postal Service. Transactions carry a $2.95 Commission Payment Request Transaction Fee, which is automatically deducted from the E-Wallet funds available for withdrawal when a Commission withdraw request has been made.

 

Credit Card Charges

Your credit card will be charged when you place your initial order or a stand-alone order (separate from the Recurring Product Autoship). If the Company is not able to fulfill your order for any reason, your credit card will be refunded within five business days.

 

5. SHIPPING POLICY

 

Turnaround

All orders are shipped within seven business days of the completed order., Monday through Friday, 9am to 4pm (USA Mountain Time).

 

Carriers

The Company uses the US Postal Service (USPS) and  United Parcel Service (UPS) to ship and deliver orders. Internationally, the Company will utilize the shipping method of our preference and may utilize local distribution centers in each country.

 

Order Tracking

If a tracking number is provided by the shipping carrier, the Company will update your order with the tracking information. All carrier package tracking numbers will be posted in the Virtual Office within 3 business days of shipment.

 

Shipping Rates

The Company charges a flat rate of $5.00 (USD) shipping and handling domestically or $10.00 (USD) shipping and handling internationally per each product purchased.

 

Back Orders

If an item goes on back-order, the Company will ship you the part of your order, if any, that is in stock. When the back-ordered item becomes available, we will ship you the rest of your order. You will not be charged any additional shipping and handling for the second shipment.

 

Changes to Recurring Product Autoships

Any upgrades to your Recurring Product Autoship each month must be made no later than 24 hours before your scheduled Recurring Product Autoship day through your Virtual Office or by calling Customer Service at 844-306-6921 during regular business hours.  Please have your Referral ID or Referral Code readily available when you call Customer Service.

 

International Shipping Charges

All international orders will be shipped by any carrier at the Company’s discretion. The Company charges a flat rate of $10.00 (USD) per each product purchased for international orders. Note: ALL INTERNATIONAL ORDERS MAY BE SUBJECT TO IMPORT CUSTOM FEES. These fees are neither controlled nor collected by the Company.



6. RETURN/REFUND/CANCELLATION POLICIES

Customers of Magic 10 Marketing may purchase products at retail prices. Independent Distributors who have agreed to these Terms and Conditions and who have agreed to a Recurring Product Autoship of at least one product each month may purchase products at wholesale prices.

 

Cancellation

There are no long commitments in which a Customer or Independent Distributor must purchase products. A Customer or an Independent Distributor may cancel their orders for a 100% unconditional refund, NO questions asked, at any time for any reason within the first three (3) days of ordering the product.

 

How to Cancel

Simply call Customer Service at 844-306-6921, Monday through Friday, 9am to 4pm (USA Mountain Time) to cancel your order or account. Refunds will be issued upon return of product if shipment has already occurred.

 

How to Return Product

When returning product, you must email a request in writing to support@magic10marketing.com for a refund of the cost of product.  No shipping and handling fees will be refunded, except for cancellations within three (3) days of the first order or those orders that contain damaged or defective product as determined by the Company.

Mail your returned item to:

Magic 10 Marketing

Returns Department  

1890 South 3850 West

Salt Lake City, Utah 84104 USA

Include in your package a signed letter stating the reason for your return and the original receipt.

The Company does not refund the cost to ship the product back to the Company. The Company does not accept packages shipped Collect on Delivery (COD) and the postage must be pre-paid by the Customer or Independent Distributor.

 

Refund

Magic 10 Marketing, Inc. maintains a 30-day 100% refund policy on first orders, not including the shipping and handling charges after the first three days of ordering has expired. If you are not completely satisfied with the product,  you must cancel your order by returning the unused portion of product at your expense and a copy of your invoice within 30 days of ordering the products to receive a refund. After the first three (3) days of ordering has expired, you will no longer be eligible for the shipping and handling refund, just the cost of the product(s).

The Company will only provide ONE refund per Independent Distributor. The Company will refund the initial shipping and handling cost and 100% of the product cost within the first three (3) days of ordering. The Company does not refund the cost to ship the product back to the Company. The Company does not accept packages shipped Collect on Delivery (COD) and the postage must be pre-paid by the Customer or Independent Distributor.

Refunds are only given once the product is returned unopened and in resaleable condition. A refund request must be made in writing and include your Referral ID or Referral Code and a copy of the original invoice. Always include your Referral ID or Referral Code number when communicating with Customer Service.  Any refund request is considered a cancellation of your status as an Independent Distributor of the Company.

All refunds are subject to adjustments made for Commissions paid to the Independent Distributors. The Company does not make cash refunds. Any Independent Distributor of the Company who disputes the payment of product(s) on their credit card, and it is concluded the products were authorized and shipped by the Company to the correct and given address, will be immediately terminated and removed from the system and all future Commissions and bonuses will be relinquished to the Company.

All refunds for product purchase will be provided by Magic 10 Marketing, Inc. and not its third-party Merchant Company or the Independent Distributor’s credit card provider.

 

Recurring Product Autoship 14-Day Partial Refund

You may cancel your Recurring Product Autoship at anytime within 24 hours before your product(s) are scheduled for shipment  by calling 844-306-6921 during regular business hours as posted. Once your order ships, you must return the order within 14 calendar days to receive a refund less any shipping and handling charges.

Refunds are only given once the product is returned unopened and in resaleable condition. A refund request must be made in writing and include your Referral ID or Referral Code and a copy of the original invoice. Always include your Referral ID or Referral Code number when communicating with Customer Service.  Any refund request is considered a cancellation of your status as an Independent Distributor of the Company.

 

Damaged/Defective Product Replacement

Defective products determined by the Company will be replaced promptly. The Company will pay for shipping costs.

 

Commission Recoup

The Company reserves the right to recoup any Commissions paid that were generated from the sale of the returned product(s).

 

Rejection of Repetitive Returns

The Company reserves the right to reject repetitive returns for replacement of products. Any return for refund of funds is considered cancellation of membership regardless of Independent Distributor status.

 

Return Exceptions

Products cannot be returned if they have been opened.



7. CODE OF CONDUCT FOR INDEPENDENT DISTRIBUTORS

Magic 10 Marketing takes pride in the character of is Independent Distributors. The following guidelines are designed to ensure a uniform standard of excellence.

  1. Independent Distributors may reach out to make a new person feel welcome. However, Independent Distributors MAY NEVER contact any Independent Distributor, other than their own personally enrolled, with any offer for leads, co-op advertising shares, or any other business offer, free or otherwise. Violators will face permanent cancellation of their account.

  1. As an Independent Distributor, you are personally responsible for any claims or representations made in regard to Magic 10 Marketing and agree not to slander or misrepresent the Company, products, or Marketing Opportunity either verbally or in writing.

  1. For protection of the Company and your Marketing Opportunity, you may use Company-approved materials in your promotions. If you plan to make you own websites or promotions, they must be submitted for approval by Magic 10 Marketing before being released to the public. If materials require legal review, such review will be done at the Independent Distributor’s expense. Failure to secure proper approval may result in censorship or cancellation of Independent Distributor’s account.

  1. Independent Distributors may not display Commission figures or represent anticipated earnings to entice someone to join Magic 10 Marketing. Potential earnings, however, can be displayed or represented as long as they are reasonably attainable and accurate. No one can be guaranteed success as a Magic 10 Marketing Independent Distributor.

  1. Independent Distributors agree not to make claims that guarantee financial results or health benefits to customers as a result of participating in the Magic 10 Marketing opportunity or taking any Magic 10 Marketing products.

  1. Independent Distributors are prohibited from appropriating the Company name, or any variation thereof as a part of any internet domain name, bank account, or other use.

  1. All purchases and sales of products must be conducted in compliance with local, state, federal, and country laws. When necessary Independent Distributors must obtain permits and pay all taxes due in order to operate in a lawful and ethical manner.

  1. Independent Distributors agree to abide by these standards as a protection to Customers, other Independent Distributors, and the Company. Certain restrictions will be enforced upon Independent Distributors who violate these policies. Violations include, but are not limited to, any illegal, fraudulent, deceptive, unethical business conduct, or any act or omission that may damage the reputation or goodwill of the company.

  1. With respect to a breach of the agreement, the Company’s goal is always to try to resolve any problem in an amicable fashion that will serve the best interests of all parties involved. Before any action is taken, an investigation will be conducted. Magic 10 Marketing is committed to fairness and will always go the extra mile in order not to hurt any of its Independent Distributors in any manner.

  1. Grievances between Independent Distributors should first be taken to his or her sponsor for review, who can then involve other up line Independent Distributors for resolution. If the problem involves policy violations, they should be reported to the Company.

  1. For grievances between Independent Distributor and Magic 10 Marketing, should an Independent Distributor elect litigation, the Independent Distributor shall pay his or her own attorney fees and expenses. Litigation shall last no more than two business days. However, prior to instituting litigation the parties shall meet in good faith and attempt to resolve any dispute arising from the agreement through non-binding mediation. One individual who is mutually acceptable to both parties shall be appointed as mediation. The mediation shall occur within sixty days from the date the mediator is appointed and the costs of the mediation shall be divided equally between the parties, with each party paying his or her share of estimated costs at least ten days prior to mediation. Mediation shall be held in Salt Lake City, Utah and shall not last more than two business days. The venue for all disputes shall be located in Salt Lake County.

 

8. INDEPENDENT DISTRIBUTOR AGREEMENT

 

  1. An Independent Distributor is an independent contractor and is not authorized to receive checks made out to Magic 10 Marketing or conduct any business as an employee, officer, or representative of the Company. No agency, partnership, joint venture, or employment is created as a result of this Independent Distributor Agreement or the Terms and Conditions.

  1. Magic 10 Marketing cannot be held liable for losses resulting from delays or failures to perform its obligations due to circumstances beyond its reasonable control. Nor is Magic 10 Marketing liable for the actions of Independent Distributors, including, but not limited to Independent Distributor agreements or product orders taken by Independent Distributor and not submitted directly to the corporate office. Any applications that are faxed or mailed should be followed up by phone by the Independent Distributor submitting the application. This is to make certain your application was received. The Independent Distributor hereby waives any claim against Magic 10 Marketing and/or its directors, officers, employees, or agents based upon any unauthorized acts by third parties.

  1. Orders are processed with the most current prices at the time of processing. All orders are processed ship within seven business days.

  1. Purchasing products solely for the purpose of collecting bonuses is prohibited and the Independent Distributor agrees to either use or sell at least seventy percent of products purchased. All Commissions and bonuses are based upon the sale of Magic 10 Marketing Products.

  1. Products may be purchased and sold at retail. Although there is a suggested retail price, there is no ceiling price that may be charged. Products may be given away or sold at any price to friends and family.

  1. Most products are delivered by United States Postal Service (USPS), although it’s left at the company’s discretion and when pricing permits to use other carriers. International orders take longer and delivery time varies per country.

  1. For international orders: Magic 10 Marketing cannot guarantee, and is not responsible for, end of delivery of international product orders that are shipped out of the US by way of drop-ship centers, or any other middleman. Proof of delivery can be provided only for delivery to the address on the invoice.

  1. Changes to Recurring Product Autoship orders must be made 24 hours prior to Recurring Product Autoship date.

  1. Independent Distributor cancellations or refund request must be in writing to support@magic10marketing.com.

  1. Any state that has a specific buy-back requirement, Magic 10 Marketing shall repurchase products in accordance with applicable statute.

  1. Independent Distributors agree that Magic 10 Marketing may collect, summarize, and utilize any personal information such as testimonials or marketing materials that you voluntarily provide, and may combine any such information collected from you with information collected from other Independent Distributors to be shared in the form of newsletters or posted on our website. Independent Distributors may use data and material from www.magic10marketing.com for personal marketing as long as it contains its original, Company-approved content.

  1. Upon the death or incapacity of an Independent Distributor, the down line will pass to the benefit of the Independent Distributor’s successors in interest. It is the responsibility of the successors to notify Magic 10 Marketing in a timely manner of the death or incapacity of an Independent Distributor by a letter written by the executor of the estate or next of kin. The successors must meet all Independent Distributor qualifications.  

  1. Independent Distributors who are US residents will require the use of Social Security or Federal ID Number for tax reporting purposes. Independent Distributors also must submit a W-9 form. Magic 10 Marketing will not issue any US Commissions without the Social Security/Federal ID and the signed W-9 form.

  1. Soon after year-end, you will receive a 1099 from us if you have requested more than $600 for the year with Magic 10 Marketing. Anyone requesting less than $600 is responsible to keep their personal records and report their income.

These guidelines were written with the Independent Distributor in mind. If deemed necessary, these policies may be modified without prior notification at the discretion of the Company to comply  with various state and federal laws. Changes will only be made after the most careful consideration and review.

9. LEGAL STATEMENTS

 

Disclosure

The Company makes every effort to ensure that we accurately represent these products and services and their potential for income. Earning and Income statements made by Magic 10 Marketing, Inc. and its Customers or Independent Distributors are estimates of what we think you can possibly earn. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual. As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, and motivation. There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee which can reduce results. Magic 10 Marketing, Inc. is not responsible for your actions.

The use of the Company’s information, products, and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services.

Disclaimers

All statements contained in the Magic 10 Marketing, Inc. literature or on its website have not been evaluated by the United States Food and Drug Administration (FDA). These products are not intended to diagnose, treat, cure, or prevent any disease. The trademarks, service marks, trade names, trade dress and products featured in this Internet site are protected in the United States and internationally. No use of any of these may be made without the prior, written authorization and consent of Magic 10 Marketing, Inc. or its affiliates. If the purchase of any product may create a financial hardship, do not make the purchase. Nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent or trademark of Magic 10 Marketing, Inc.. or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Magic 10 Marketing, Inc. copyright. Magic 10 Marketing, Inc.does not develop or manufacture the products distributed by Magic 10 Marketing, Inc. or any of the Independent Distributors or entity. These materials are provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Copyright and Trademark Notice

The contents of all material available on this site are copyrighted by Magic 10 Marketing, Inc. All rights are reserved by Magic 10 Marketing, Inc.. and content may not be reproduced, downloaded, disseminated, published or transferred in any form or by any means, except with the prior written permission of JMagic 10 Marketing, Inc. or as indicated below. Members of Magic 10 Marketing, Inc.may download pages for their own use per the Policies and Procedures of Magic 10 Marketing, Inc.However, no part of such content may be otherwise or subsequently reproduced, downloaded, disseminated, published or transferred in any form or by any means, except with the prior written permission of, and with the express attribution to Magic 10 Marketing, Inc. Copyright infringement is a violation of federal law and subject to criminal and civil penalties.