Partner Program Terms

These terms (the “Terms”) govern the MagicMoon partner program (the “Program”), operated by MAGICMOON, a société par actions simplifiée (SAS) with share capital of €1,000, whose registered office is at 59 rue de Ponthieu, 75008 Paris, France, registered with the Paris Trade and Companies Register (“MagicMoon”). Full company details are available in our Legal Notice.

The Program lets any registered person (the “Partner”) recommend MagicMoon to their audience with a personal link and, where applicable, a code, and earn a commission on the subscriptions paid by the customers attributed to them (“Attributed Customers”).

MagicMoon’s Terms of Service also apply to the use of the service. In the event of a conflict regarding the Program, these Terms prevail.

The Program is open to any adult individual with the legal capacity to enter into a contract, and to any legal entity represented by an authorized person, whatever their country of residence, provided MagicMoon can pay them their commissions by the means set out under “Payouts”.

A Partner may also be a MagicMoon customer; they never earn a commission on their own purchases (see “Prohibited practices”).

The Partner acts independently. These Terms create no employment, agency, commercial agency, joint venture or exclusivity between the Partner and MagicMoon. The Partner may not bind MagicMoon or present themselves as its representative.

Sign-up takes place online, through the Program’s form, operated by our provider FirstPromoter and accessible from the Program page on magicmoon.ai. The Partner provides accurate information and keeps it up to date.

A complete sign-up is accepted automatically. MagicMoon may nevertheless refuse a sign-up, or suspend or end a participation, if the eligibility conditions are not met or in the event of a breach of these Terms.

Once registered, the Partner has a partner dashboard where they find their personal link and track their commissions. The personal link cannot be changed by the Partner.

For each subscription invoice paid by an Attributed Customer, MagicMoon pays the Partner a commission of 20% of the amount actually collected on that invoice, excluding taxes, rounded down to the cent.

The commission is due on every subscription invoice paid by the Attributed Customer, including after a plan change or a new subscription taken out after an interruption, for as long as they remain a customer and with no time limit, subject to the Program and the Partner’s participation remaining in force (see “Term and termination”).

No commission is earned on: one-off purchases of Moonlings (Reinforcements, called “packs” in the Terms of Service), the free plan, taxes, refunded amounts, purchases made by the Partner or by an account they control, or purchases obtained in breach of these Terms.

Commissions are stated and paid in euros. An invoice paid in another currency is converted to euros at the rate used by our tracking tool.

The commission is the Partner’s only compensation under the Program, unless a separate written agreement with MagicMoon provides otherwise.

No commission is due on a refunded amount. When an invoice that generated a commission is refunded in full or in part, the commission is canceled in proportion to the amount refunded.

When a customer disputes a payment with their bank, the corresponding commission is canceled as soon as the dispute is opened. If the dispute is ultimately decided in MagicMoon’s favor, the commission is reinstated.

A commission canceled after it was paid is deducted from the following commissions. If the Partner earns no further commissions, MagicMoon may ask them to repay the amount received in error.

The refund of a Reinforcement, which never generated a commission, does not reduce any commission.

A customer is attributed to the Partner when they arrive on magicmoon.ai through the Partner’s personal link and then create their account, or open their MagicMoon dashboard if they already have one, within 60 days of their last visit through a partner link, or when they enter the Partner’s code at MagicMoon, at sign-up or on the plans page.

The link places an attribution cookie in the visitor’s browser, valid for 60 days after their last visit through a partner link. This cookie is described in our Privacy Policy.

As long as the customer has not paid for any subscription, the last link followed or the last code entered prevails. From their first subscription payment, the attribution is final and no longer changes. A customer who is already attributed and buys a first Reinforcement is also attributed for good; a customer who has never been attributed and has bought a Reinforcement can still be attributed a single time, as long as they have not paid for any subscription.

Attribution is established solely by the systems of MagicMoon and its tracking tool: no attribution is granted on a mere claim. MagicMoon does not guarantee that an attribution is recorded in every case, in particular if the visitor refuses or deletes cookies, changes device or browser, or if a provider is unavailable. No commission is due on a customer who is not attributed.

MagicMoon may give a creator code to certain Partners it selects. The code produces the same attribution as the link. It does not entitle anyone to a discount on the price.

MagicMoon may also run, for a limited period, a creator offer: customers attributed to that Partner during the offer receive, on each cycle of their paid subscription, a fixed bonus of Moonlings, under the conditions of the “Creator offer bonus” section of the Terms of Service. The bonus is granted by MagicMoon to the customer; it does not change the price and has no effect on the Partner’s commission.

The Partner presents a creator offer as it appears on MagicMoon’s website, without changing its amounts or its conditions.

Commissions are closed on the last day of each calendar month. Commissions due on that date, net of canceled commissions, are paid during the following month, no later than the 15th, provided their total reaches €50. Below that threshold, they are carried over to the following month.

Payouts are made by bank transfer or PayPal, as the Partner chooses, to the account they have provided. Any fees charged by the Partner’s bank or by PayPal are borne by the Partner. MagicMoon may withhold a payout until the requested payment, identification or tax information has been provided.

A Partner acting in a business capacity sends MagicMoon, for each payout, an invoice that complies with the rules applicable to them, based on the commission statement made available to them. A Partner acting in a personal capacity receives a statement of their commissions.

Commissions are stated excluding taxes. A Partner registered for value added tax applies it under the rules that apply to them.

The Partner is solely responsible for their tax and social security obligations on the amounts received. MagicMoon may be required to report these amounts to the tax authorities.

The Partner complies with French Law No. 2023-451 of June 9, 2023 regulating commercial influence and combating abuses by influencers on social networks, and with the rules that apply to their audience and to the platforms they use.

Any communication that promotes MagicMoon and may earn the Partner a commission carries, in a clear, legible and understandable way on every medium used, the label “Publicité” or “Collaboration commerciale” (for an audience that does not speak French, an equivalent label in its language, in line with the rules that apply to that audience), suited to the format of the content and present for the whole duration of the promotion.

When the content shows images produced by artificial intelligence that depict a face or a figure, it carries the label “Images virtuelles”.

The Partner does not promise or suggest any guaranteed income, earnings or result, whether for themselves, for MagicMoon users or for their stores. They do not present an illustrative figure as an actual result. They describe MagicMoon accurately, do not attribute to it any feature it does not have, and refer to the prices and conditions displayed on MagicMoon’s website.

The Partner does not associate MagicMoon with the promotion of products or services whose promotion is prohibited or restricted by law, nor with unlawful, hateful, violent, sexual or misleading content, and does not direct any promotion of MagicMoon at minors.

The following practices in particular are prohibited.

Self-referral: earning a commission on one’s own purchases, or on those of an account one creates, controls or has created on one’s behalf.

Fake accounts: using a fictitious identity, creating fake accounts or generating artificial sign-ups or purchases.

Unsolicited messages: sending emails, private messages or comments in bulk, automated or not.

Use of the brand: buying, from a search engine or an advertising network, keywords or ads that use the MagicMoon brand, its variants or its misspellings; registering a domain name or a social media account that uses them; presenting oneself as MagicMoon, its team or its support.

Forced attribution: placing an attribution cookie without a deliberate visit (hidden redirect, invisible frame, automated clicks or any equivalent technique).

Unauthorized benefits: promising or granting a discount, a refund or a benefit that MagicMoon does not offer, including by passing on all or part of one’s commission.

Data: using customer or visitor data obtained through the Program for any purpose other than the Program.

In the event of a breach, MagicMoon may refuse or cancel the resulting commissions, withhold payouts and end the Partner’s participation, without prejudice to any other right.

For the duration of their participation, MagicMoon grants the Partner the personal, non-exclusive, free right to use the name “MagicMoon” and the visual elements it makes available, for the sole purpose of promoting the service in accordance with these Terms. This right ends with the participation.

The Partner is solely responsible for the content they publish. They warrant that it complies with the law and with the rights of third parties.

These Terms apply from sign-up, for an indefinite term.

The Partner may leave the Program at any time by writing to MagicMoon.

MagicMoon may end a Partner’s participation, or the Program itself, at any time with thirty days’ notice sent by email. In the event of a serious breach of these Terms, it may do so without notice.

When a participation ends for any reason other than a breach, commissions arising from payments collected before the end date remain due and are paid with the next payout, even if their total does not reach the threshold. No commission arises from payments collected after that date.

MagicMoon may change these Terms for the future, including the commission rate. Any change is notified by email at least thirty days before it takes effect and applies to invoices paid after that date, including for customers already attributed. A Partner who does not accept it may leave the Program before that date; otherwise, continuing to participate constitutes acceptance.

MagicMoon processes, as data controller, the Partner’s data (identity, contact details, payment and tax information, attributed customers and commissions) to run the Program, calculate and pay commissions, meet its accounting and tax obligations and prevent fraud. This processing is based on the performance of these Terms and on MagicMoon’s legal obligations.

Our provider FirstPromoter (Igil Webs SRL, Romania) hosts the partner dashboard and calculates commissions on our behalf. Payment information is passed to the bank or to PayPal to make payouts.

Data is kept for the duration of the participation, then for as long as needed to process the last commissions; accounting records are kept for ten years. The Partner has the rights of access, rectification, erasure, restriction, portability and objection, which they can exercise by writing to contact@magicmoon.ai, and may lodge a complaint with the CNIL. Our other practices are described in our Privacy Policy.

MagicMoon strives to keep attribution and commission tracking working properly, without guaranteeing that it is uninterrupted or error-free. To the extent permitted by law, MagicMoon’s liability under the Program is limited to the commissions due to the Partner over the last twelve months.

These Terms are governed by French law. Failing an amicable resolution, any dispute falls within the jurisdiction of the competent French courts.

These Terms are offered in French and English; in the event of a discrepancy, the French version prevails.

For any question about the Program: contact@magicmoon.ai.