1. Becoming a Gamer
An applicant only becomes a Gamer (Phase 1 Gamer of MagiQlub when both of the following requirements have been completed:
a. The applicant enrolls through an online application through the MagiQlub Official Website, reviews and accepts both MagiQlub”s Terms and Conditions and Terms of service
b. The applicant is accepted by MagiQlub and an account is created. MagiQlub reserves the right to decline any Gamership application for any reason. MagiQlub expressly reserves the right to deny the application of any person who has had a financial interest of any kind in any Gamer Phase under a different enrollment in the preceding six (6) months.
2. Gamer Application and Agreement.
The parties recognize that MagiQlub may suffer material losses, such as, but not limited to, compliance risks, diminished value of its trademarks, disputes with existing Gamers regarding proper sponsor, which would be difficult to quantify if a third party attempts to resell MagiQlub services or promote the MagiQlub Income Opportunity without a written agreement with and approval from MagiQlub. Therefore, it is a condition precedent to the obligation of MagiQlub to allow gamers to pay any commissions, overrides, or bonuses under the Compensation Plan to the other party until they have completed and executed the applicable Gamership Application and Agreement and they have been approved by MagiQlub. Any potential Gamer who recruits Gamer’s or downline gamers prior to approval as a Phase 1 Gamer by MagiQlub does so at his or her own risk. If a potential Gamers recruits Free Gamer’s, Phase 1 gamers or downline Gamers and does not complete the applicable MagiQlub Gamer Application and Agreement, or is not approved as a Phase 1 gamer, that potential Gamer forfeits using the platform and any commissions, overrides, or bonuses to which he would have been entitled from other gamers, and waives any claims for such monies, including claims in quantum merit, quasi-contract, or detrimental reliance. Payment of all monies to Gamers is governed by the Compensation Plan and is paid directly, peer to peer. MagiQlub does not collect or pay gamers any compensation and is not liable for any claims whatsoever. The gamers agree that they are simply using the platform provided to them to play gamers and find other gamers to play. Any payments to MagiQlub are solely for the use of the platform.
3. Legal Age. Gamers must be of legal age to contract with MagiQlub to receive winnings (Phase 1+ only) through the Compensation Plan or to enter games of skill, tournaments for cash and/or prizes. They also must reside in a legal jurisdiction. Gamers must be no less than eighteen (18) years of age.
4. Gamer Rights. All Gamers are authorized to sell all MagiQlub products and services offered on the MagiQlub Website and to participate in the MagiQlub Compensation Plan as it currently exists and may be amended from time to time. All Gamers may sponsor new Gamers, so long as such new Gamers comply with the various Terms and Conditions of gamers and are accepted by MagiQlub. All Gamers may also sponsor new Phase 0 and Phase 1+ gamers, so long as such Phase 0 and Phase 1+
No Purchase Required for Player Registration. No person is required to purchase any MagiQlub products or services to register on the Website or to be eligible to participate as a Gamer
Phase 0 or phase 1+ Gamers. Participation in most events and games of skill on the MagiQlub Website requires payment of the entry fee specified. To become a Phase 1 Gamer, one must complete the requirements in section 1. In order to maintain status as a Phase 1+ Gamer, a must remain in good standing with MagiQlub and pay a monthly Virtual Office fee of $9.99 (beginning April 2020). No commissions, payments are made by MagiQlub. MagiQlub simply provides a gaming platform with a gamer tracking system. Any payment disputes must be handled directly with the responsible gamers.
The different types of MagiQlub participants there are:
5. Corporate, Partnership, LLC, and Trust Documents Requirements. Corporations, partnerships, trusts, and LLCs may apply to become Gamers. MagiQlub may require such entities to provide, as applicable, the following documents:
a. Articles of incorporation, bylaws, and shareholder agreement for a corporation;
b. Articles of organization and operating agreement for an LLC;
c. Partnership agreement and any certificate of partnership for a partnership;
d. Declaration of trust or other trust documents for a trust;
e. A complete list of all directors, officers, Gamer s, managers, partners, and shareholders involved in the entity, or, for a trust, a list of all trustees and beneficiaries;
f. Proof of issuance of a Federal Tax ID Number to the entity;
g. Proof must be provided of a Federal Tax ID Number and a copy of the Annual Certification from the Secretary of State of the State of Trust, Partnership Registration, or Incorporation;
h. A signed agreement by all shareholders, partners, Gamer s, beneficiaries, trustees, directors, and officers, as applicable, to agree to be personally liable to MagiQlub for compliance with its rules and regulations for Z Businesses;
i. Resolution from Managers or Managing Gamer s of an LLC authorizing the transaction;
j. Resolution from Board of Directors of a corporation authorizing the transaction.
6. Fictitious and Assumed Names Prohibited. A person or entity may not apply as a Gamer using a fictitious or assumed name.
7. Independent Contractor Status. All Gamers are independent gamers with MagiQlub and not franchises, joint ventures, partners, employees, or agents of MagiQlub. Gamers are strictly prohibited from stating or implying, whether orally or in writing, that they are franchisees, joint ventures, partners, employees, or agents of MagiQlub. Gamers may not bind MagiQlub to any obligation.
8. Virtual Office – All Gamers will receive a Virtual Office that provides them with the tools necessary to track and promote their unique MagiQlub platform The Virtual Office is equipped to provide Gamers with important data such as; Genealogy Downline Tracking, Qualification Points, Bonus Points, Income tracking , Pro and Expert Bonuses, etc. The Virtual Office also provides Gamers with various Marketing and Promotion Tools. From November 2020 the monthly Virtual Office fee will be $9.99 or it can be paid annually for $99.99 (16% Discount). To be paid strictly by bitcoin or any other method requested by MagiQlub. This $9.99 fee is due each Calendar Month and must be paid by the Gamer to be Phase Qualified. While MagiQlub will endeavor to send reminder notices to Gamers, Gamers are responsible for paying the monthly Virtual Office Fee for the use of the platform., even if no reminder is received from MagiQlub. Any Gamet who does not pay the Virtual Office fee within the calendar month is deemed to have done so through voluntary action, and thereby forfeits all sponsorship rights, position earned, and any future potential winnings for that calendar month period or compensation requiring continuous qualification spanning multiple consecutive months. MagiQlub will attempt to notify Gamers electronically of their Virtual Office fee obligation, but MagiQlub”s failure to provide notification, or a Gamer's failure to receive such notification, does not excuse the nonpayment of the Virtual Office fee.
9. Multiple Applications. If one applicant submits multiple applications with multiple sponsors, only the first completed form to be received by MagiQlub will be accepted. MagiQlub shall, in its sole discretion, determine the sponsorship of any applicants who submit applications showing different sponsors.
10. ZBO Qualification Phases. The Company has adopted a minimum Qualification requirement as specified in the Compensation Plan. To earn Winnimgs a Gamer MUST be minimum Phase one QUALIFIED. A Gamer becomes Phase Qualified when they get two gamers to pay a minimum of $200 in gaming payments.There are currently six phases , more will be added. Each phase has an qualification criteria and qualification occurs when a minimum of two direct paid phase 1 gamers join the team and they are passed up to the qualified gamer above you. .Qualification Points are generated from purchases made of any product and/or service offered through MagiQlub ‘s E-Commerce platform including Game Entry Fees and Tournament Buy-ins.
Representations, Warranties and Indemnities
12. Gamer Identification Number. All Gamers are required to provide official ID or a Social Security Number or Federal Tax ID Number for all government reporting purposes. MagiQlub will issue a Gamer Identification Number to each Gamer upon approval as a Gamer . The Gamer Identification Number must be indicated by the Gamer on all correspondence with MagiQlub, including paperwork for enrolling, product ordering, disputes, Player service inquiries, etc. Receipt of or use of a Gamer number signifies acceptance of these Terms and Conditions.
Gamer Legal Compliance
13. Taxes. Gamers will be treated as independent contractors for all federal or state tax purposes. As independent contractors, Gamers will not be treated as employees, franchisees, joint ventures, partners, or agents with respect to the Internal Revenue Code, Social Security Act, Federal Unemployment Tax Act, state unemployment acts, or any other federal, state, or local statute, ordinance, rule, or regulation.
14. Legal Compliance. All Gamers shall comply with all federal and state statutes and regulations and local ordinances and regulations concerning the operation of their businesses. All Gamers are responsible for their own managerial decisions and expenditures, including all estimated income and self-employment taxes. At the end of each calendar year, MagiQlub will issue an IRS Form 1099-MISC for non-employee compensation for Gamers as required by law.
15. Other Products and Services. Gamers are not restricted from selling the products and services of other companies. However, Gamers may not promote products, services, or income opportunities of other direct selling companies to MagiQlub Gamers. Any Gamer found in violation of this rule risks suspension or termination of the use of the platform.
16. No Exclusive Territories. There are no exclusive territories for marketing or enrolling purposes. No Gamer shall imply or state that he or she does have an exclusive territory.
17. No Recruitment Rewards. MagiQlub Gamers may sponsor other Gamers into the MagiQlub program, and such persons may be enrolled if otherwise qualified. However, Gamers are only compensated based on Personal and Gamer purchases. Additional Bonus Commissions may also be earned by qualifying Pro & Expert Gamers as set forth in detail in the Gamer Compensation Plan, and never for enrolling additional participants into the program.
18. Points on Partner Sites. The Points and Commissions earned for play or transactions on partner white-label sites (3rd Party strategic partners) may be significantly different than the Points and Commissions earned for transactions on the MagiQlub site. Please review the Point and Commission information on the 3rd party strategic partner sites prior to completing any play or transaction. Points and Commissions may only be earned if the user has logged in through the MagiQlub site and then completes transactions on 3rd party site. Users who engage in transactions directly on these sites may not earn MagiQlub Points and/or Commissions. Additionally, users who have already registered on the 3rd party sites (outside of MagiQlub) may be ineligible to earn Points and/or Commissions from these partner sites and may be ineligible to play on the MagiQlub site.
Trade Secrets and Intellectual Property
19. Confidentiality Agreement. Information contained in any genealogy, downline report, Compensation Plan or report, bonus plan or report, marketing plan or similar information provided by MagiQlub is proprietary and confidential to MagiQlub and is transmitted to the Gamer in the strictest confidence. The Gamer agrees that he or she will not disclose any such information to any third party directly or indirectly, nor use the information to compete with MagiQlub for any purpose other than promoting the MagiQlub Income Opportunity or recruiting Gamers. The Gamer and MagiQlub agree that, but for this agreement of confidentiality and non-disclosure, MagiQlub would not provide the information to the Gamer . Any Gamer who is found to be in violation of this rule risks suspension or termination and agrees that MagiQlub will lack an adequate remedy at law and may seek injunctive relief to enforce this provision. The right of MagiQlub to seek injunctive remedies does not preclude MagiQlub from also seeking monetary damages, including both actual and consequential damages, from a person or entity violating this provision.
20.Trademarks. The names the "Gamer",MagiQlub","MagiQlub.com", "MagiQlubBiz","MagiQlubBiz.com","MagiQlubGames","MagiQlublive","MagiQlubSports","MagiQlub", ‘MagiQlub Charities" and the names of all MagiQlub products and services, and the phrases are the registered or unregistered trademarks of and owned by MagiQlub. Only MagiQlub is authorized to produce and market products and literature under these trademarks. Use of the MagiQlub name on any item not produced or authorized by MagiQlub is prohibited.
21. Copying Prohibited. Gamers shall not copy, record, or transmit, whether for sale or for personal use, any audio or video of: (a) material detailing the MagiQlub Income Opportunity; (b) any product or service presentation; (c) any speech, conference call, webinar, presentation, or other event without express written permission from an officer of MagiQlub, regardless of whether the presenter is an employee, shareholder, or officer of MagiQlub, a Gamer , or a third party. A presenter who is not an officer of MagiQlub may not waive this provision. MagiQlub may seek injunctive relief, including destruction of the offending copy or recording, and/or damages from the violator for the unauthorized use of MagiQlub copyrights, trademarks, trade secrets, and materials. Video or audio taping of MagiQlub meetings and conferences is strictly prohibited. Still photography is allowable at the discretion of the meeting host. This provision does not prohibit a Gamer from transmitting hyperlinks to such material on an authorized MagiQlub Site or embedding a MagiQlub video in the Gamer ’s site, so long as the video is actually hosted on the hosting site set by MagiQlub.
22. Obligations of Enrollers. Gamers who choose to enroll are required to assure the adequate training of their enrolled Gamers. "Adequate training" includes, but is not limited to, education regarding MagiQlub rules and regulations, Compensation Plan, product information, sound business practices, sales strategies, and ethical behavior. An enroller must maintain an ongoing, professional leadership association with Gamers in his/her organization and must fulfill the obligation of performing as a bona fide sales mentor or sales trainer in the sale or delivery of products or services to the ultimate Z- Gamer (Retail Customer) or Gamer . Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to MagiQlub training either online or offline and sharing genealogy information with those enrolled. Gamers must maintain written or electronic records of the training of their downline and provide these records to MagiQlub upon request.
23. Transferring Sponsorship.
a. MagiQlub and Gamers recognize that transfers can directly affect both the upline and the downline of the transferring Gamer . As such, MagiQlub has the sole discretion to approve or disapprove any transfers and to determine whether or not such transfers include a transfer of the downline group under the transferring Gamer . While the following are the general guidelines for transfers that MagiQlub considers, MagiQlub is not bound by these guidelines and may consider these or other factors at its sole discretion:
i. Within the first 30 days after signup as a Gamer , the Gamer submits to MagiQlub a written consent and moves with the Gamer ’s downline group;
ii. For a Gamer to transfer without its downline group after the first 30 days after signup as a Gamer , the Gamer must submit to MagiQlub written consent from the three immediate upline Gamers; or
iii. For a Gamer to transfer with its downline group after the first 30 days after signup as a Gamer , the Gamer must submit to MagiQlub written consent from the three immediate upline Gamers and written consent from the downline to be included in the transfer.
b. MagiQlub may charge an administrative fee for each transferring Gamer .
24. Gamer Training. Gamers are responsible for providing training to the Gamers they enroll. Training assistance is provided in the MagiQlub Official Website such as video, audio, and text materials. Also, each Gamer may receive periodic MagiQlub publications that include ongoing training and products and services information. This information may be delivered online or offline means.
25. Limits on Transferability or Sale. Prior to selling, assigning, or transferring a Z Business to a third party, the selling Gamer must first offer the Z Business, in writing, to the immediate sponsor on the same terms. If the immediate sponsor does not accept the offer in writing within five business days, the immediate sponsor’s right to purchase the Z Business on such terms terminates and the Gamer may sell, assign, or transfer his or her Z Business to the third party on such terms, if the third party is approved by MagiQlub. While MagiQlub shall not unreasonably withhold approval for purchase by a third party, MagiQlub may impose the same ownership restrictions on third-party purchasers as MagiQlub imposes on new distributors. The third-party shall pay MagiQlub an administrative fee equal to the current new distributor fee for the transfer (if applicable). If the Company determines, in its sole discretion, that the Z Business was transferred in an effort to circumvent compliance with this Agreement, the Company may order the selling distributor and the new distributor to unwind the sale and may suspend any payments to either distributor until such sale is unwound.
26. Succession. Upon the death of a Gamer, if the Gamer is a natural person, the Z Business passes by will or intestate succession as personal property, as provided by law, unless the Z Business is jointly owned with a spouse, in which case the deceased spouse’s interest passes to the surviving spouse pursuant to Section 5. MagiQlub will require the successor-in-interest to sign and be bound by the then current Gamer Agreement. The Successor is then entitled to all the rights and subject to all the obligations, just like any other MagiQlub Gamer. Until the successor-in-interest accepts the current Gamer Agreement and provides a Federal Tax ID Number, MagiQlub shall suspend all payments to the Gamer. If the successor-in-interest fails to provide a Federal Tax ID Number or to accept the current Gamer Agreement within one year of the death of the Gamer, MagiQlub may involuntarily terminate the Gamership as of that date and pay the suspended payments to the estate representative or the state unclaimed funds registry for the state in which the Gamer resided.
Termination or Suspension of Use of the platform
27. Voluntary Termination. A Gamer may voluntarily terminate his use of the platform any time and by failing to pay the $9.99 monthly Virtual Office fee (April 2020) when applicable or upon written notice to MagiQlub through the Virtual Office. Voluntary termination is effective upon receipt of such notice by MagiQlub and any future use of the platform will be forfeited.
28. Involuntary Termination or Suspension. A Gamer may be involuntarily suspended or terminated by MagiQlub for violating any of the terms of this Agreement or the provisions of any applicable laws.
a. In ordinary cases, the Company will endeavor to comply with the following procedures before taking such action:
i. Complaint(s) by one Gamer against another Gamer regarding any alleged violation(s) will be accepted only if sent to the MagiQlub home office in writing or received through the MagiQlub Website from a registered Gamer. No phone or email complaints will be accepted. No anonymous complaints will be accepted
ii. Normally, the first determination by the Company that a Gamer has committed a violation of the policies or procedures will result in a warning by a phone call or email to the Gamer. The occurrence and substance of this phone call and/or email will be documented and kept in Company records.
iii. A second violation will result in a written reprimand or disciplinary letter to be delivered by email and certified mail or courier to the violating Gamer. The Company may impose a monetary sanction of up to one month’s commission. Any commission withheld as a monetary sanction will be donated to a charity of the Company’s choice.
iv. Upon a third violation, the Company may terminate the Gamer. Notification of such proposed action will be made via certified mail or courier to the Gamer citing evidence of the violations. Should no response be provided by the Gamer within 15 days from the date of the notification letter, the termination will, upon Company decision, become final.
b. In any situation where the Gamer has committed a violation that results in a notification, complaint, or demand from state or federal regulatory or law enforcement authorities, the Company reserves the right to immediately terminate the Gamer, even for a first violation. The violating Gamer shall indemnify and defend the Company for all fines, losses, attorneys’ fees, or other expenses imposed on or incurred by the Company as a result of the Gamer ’s violation. In the event of notice of such a violation by a Gamer, the Company may withhold, as security for such indemnification, all monies due to the Gamer until resolution of the official complaint. The violating Gamer is obligated to indemnify and defend MagiQlub as specified herein, even if MagiQlub voluntarily self-reports such violation to any such authorities.
c. If a Gamer is involuntarily terminated pursuant to this section 29 or self- terminates in lieu of such termination, a violating Gamer must immediately cease representing himself/herself as a Gamer and is barred from reapplying as a Gamer with MagiQlub for one (1) year.
d. The Company may terminate a Gamer for any offense or violation that the Company believes, in its reasonable discretion, could potentially subject the Company or other Gamers to (i) criminal prosecution; (ii) significant civil liability; (iii) or other legal relief which could inhibit the Company or other Gamers from conducting the usual business of the Company.
29. Appeals. An involuntarily terminated Gamer may appeal the termination by submitting a letter of appeal and stating the grounds of the appeal. This letter may be submitted via facsimile, with an original sent U.S. Postal Service or private delivery service return receipt requested and must be received by MagiQlub within fifteen (15) days of the date of mailing of the Company’s initial termination notice. The letter of appeal should include any evidence or other information relevant to the reconsideration of the above. If the Company has not received a letter of appeal by that deadline, the involuntary termination automatically becomes final. If a Gamer files a timely appeal, MagiQlub will, in its sole discretion, review and reconsider the termination and notify the Gamer of its decision. The decision of the Company is final and subject to no further review. If the appeal is denied, the termination remains in effect as of the date of the Company’s original termination notice.
30. Effect of Suspension. Should MagiQlub deem it necessary to suspend a Gamer, such suspension means that the Gamer may not represent itself as a Gamer of MagiQlub and that any commissions, royalty overrides, or bonuses due will be held by MagiQlub pending resolution. If the Gamer is reinstated, the suspended payments will be paid to the Gamer upon reinstatement. If the Gamer is not reinstated, the held payments will be distributed to the upline of the terminated Gamer, in accordance with the Compensation Plan, as though the Gamer had been terminated effective the date of the suspension.
31. Effect of Termination. In the event, a Gamer is terminated, effective with such termination the Gamer can no longer sell MagiQlub products and services or enroll other Gamers. The Gamer also loses all rights to commissions, bonuses, and all other benefits. All downline Gamers and Gamer s of the terminated Gamer becomes sponsored by the immediate upline Gamer of the terminated Gamer, effective the date of termination
32. Yellow and White Page Listing. Gamers are not permitted to use the MagiQlub trade name or trademarks in advertising their telephone or fax numbers in the white or yellow page sections of the telephone book.
33. Offline/Print or Hard Copy Advertising Policy.
a. Gamers are permitted to advertise their business through offline methods as long as the Gamer uses the text, graphics, logos, etc., that are either produced or pre-approved by MagiQlub. These methods may include newspaper, magazine print, classified ads, flyers, brochures, postcards, drop cards, or business cards.
b. Gamers must investigate any requirements under state or local law for advertising and comply with such requirements. Gamers may be required to register or seek prior approval for such advertising with a local or state governmental agency.
c. Pre-approval or production by MagiQlub is not a warranty by MagiQlub that such materials are compliant with the applicable local law in which an individual Gamer resides or advertises.
d. Gamers may not advertise in a Prohibited Jurisdiction.
34. Company literature. Only official MagiQlub literature, pictures, videos, flash presentations, etc., may be used in presenting MagiQlub products, services, and the MagiQlub Income Opportunity. Company literature, pictures, videos, flash presentations, etc., may not be duplicated or reprinted without prior written permission from MagiQlub or as stated by MagiQlub on the MagiQlub Website. All promotional material of any nature, including electronic, must be approved in advance and in writing by MagiQlub. Customized videos or other promotional material generated from the MagiQlub Website tools are approved for Gamer use so long as they are unaltered from the format and content generated from the MagiQlub Website. To ensure the quality of marketing materials, MagiQlub requires that the following materials only be purchased from approved vendors through the MagiQlub Website: business cards, flyers, and postcards/drop cards.
35. Media Interviews. Gamers are prohibited from granting radio, television, newspaper, or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement or press release to the public media to publicize MagiQlub, its products, services, or their individual Z Business, except with the express written approval of MagiQlub. All media contacts and inquiries must be coordinated through the approval and representation of a MagiQlub Corporate Representative.
36. Internet and Website Policy.
a. Provisions Applicable to All Websites of Gamers:
i. No Gamer may, under any circumstance, use the internet or other telecommunications network for the purpose of “bulk” or unsolicited: (i) emailing; (ii) message board posting; (iii) automatic unsolicited instant messaging; (iv) unsolicited texting; (v) auto-dialer services; or (vi) other services generally known as or considered “spamming,” whether to promote the MagiQlub Platform Opportunity, to advertise MagiQlub services, to solicit interest in business opportunities, or for the
promotion of any other business opportunity.
ii. No Gamer may violate any local, state, or federal laws regarding the internet or other telecommunications network, including the “do not call” federal and state lists.
iii. No Gamer may refer to the MagiQlub Website or Opportunity as “gambling,” “wagering,” “betting,” “sports betting,” a “sportsbook,” or similar terms.
iv. Gamer The site shall not encourage cross-lining, i.e., for Z-Gamer s or Gamers in another line of sponsorship to transfer or open additional Gamer accounts under a different sponsor.
v. All Z-Gamer s and Gamers shall safeguard and promote the good the reputation of MagiQlub and its games, services, and products. The advertising, promotion, and marketing of MagiQlub, the MagiQlub Business Opportunity, its Compensation Plan, and MagiQlub games, services, and products are to be consistent with the public interest and must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct or practices. MagiQlub prohibits any Gamer from enticing a prospect to join MagiQlub as a Gamer by showing copies of bonus or commission checks or copies of any bonus or commission statement.
vi. MagiQlub strictly prohibits making false and exaggerated income claims or misrepresenting its games, services or products in any way, shape, or form. MagiQlub has carefully designed its games, services and products, advertising, marketing, sales tools, presentations, and Compensation Plan to make sure that each aspect of MagiQlub is fair, truthful, and complies with the vast and complex legal requirements of federal and state laws. To promote the games, services, and products, and the Business Opportunity MagiQlub offers, Gamers are required to use the marketing materials, sales tools, and support materials produced and approved by MagiQlub. If Gamers develop their own sales tools, marketing and/or promotional materials, it is very likely that they would violate laws regarding the marketing of their Z Business. Violations would harm the MagiQlub Business Opportunity for all Gamers.
vii. Gamers promoting MagiQlub with a web page, website, blog, banner ad, text ad, or any other advertising by electronic means that uses the logos or banners of MagiQlub must use only logos or banners published by MagiQlub without modification (including resizing such graphics).
viii. Gamers may not: (i) represent that MagiQlub or the Gamer Business Opportunity is endorsed by any person or entity; or (ii) use the image, likeness, logo, or trademark of any person or entity on a website promoting MagiQlub or the Gamer Business Opportunity unless: (i) the Gamer has a written agreement between the Gamer and that person or entity authorizing such endorsement or usage; and (ii) the Gamer has provided MagiQlub with a copy of such written agreement.
b. Gamer Registration of Domain Names Containing “MagiQlub” or other Trademarks
of MagiQlub are Governed by the Following:
i. “Protected MagiQlub Trademarks” means “MagiQlub,” “Gamer,”
or any similar term.
ii. Gamers are prohibited from purchasing, owning, or creating domain names (including subdomains and international domains) or
usernames/email addresses on other major sites (such as Facebook, , Twitter, or social networks or public email sites such as Hotmail, Gmail, etc.) containing Protected MagiQlub Trademarks.
iii. If a Gamer registers, creates, or owns a domain or username on a major site with a Protected MagiQlub Trademark in violation of these provisions, such registration is in trust for MagiQlub, and, upon demand, the Gamer shall transfer such registration to MagiQlub. Furthermore, the Gamer appoints MagiQlub attorney-in-fact to transfer such registration to MagiQlub.
c. Website Names on the MagiQlub Server: MagiQlub, at its discretion, offers Gamers a MagiQlub URL on the MagiQlub.com server (www.MagiQlub.com/URLName).
i. The “URLName” portion of the MagiQlub URL may not contain the following Prohibited Terms:
1. A trademark of a third party without express permission from that third party (e.g., “Pepsi”);
2. Name of a person different from the Gamer (e.g., John Smith may not use “Michael Jackson” for his URL);
3. Only the name of a geographic location (continent, country, state, city, etc.) (by itself);
4. Only a name of a game on the MagiQlub Site or a game which MagiQlub expects to have on the Site (by itself) (e.g., “Checkers,” “HangMan,” or “Tetris” would be inappropriate);
5. A broad category (by itself) (e.g., “churches,” “charities,” “nightclub,” “union” would be inappropriate);
6. A deceptive word or phrase (e.g., “login” or “reset password”).
ii. ii. Compound usernames which contain one or more of the Prohibited Terms, which, when combined, are: (1) not deceptive; and (2) do not appear to be categories, are permitted. For instance, “TexasGuy,”
“CheckersChampion” or “HoustonTetrisPlayer” are permitted.
MagiQlub and unsolicited requests for premium Profile Pages will
generally not be accepted.
iv. MagiQlub may, at its sole discretion, revoke or alter any name which, in the sole discretion of MagiQlub, MagiQlub believes to be false, deceptive, illegal, or in violation of the intellectual property rights of a third party.
d. ANY Gamer WHO DOES NOT FOLLOW THE MagiQlub INTERNET AND OFFLINE WEBSITE AND ADVERTISING POLICIES MAY BE TERMINATED IMMEDIATELY AND WITHOUT WARNING. MagiQlub MAY ALSO CONTACT THE HOSTING COMPANY OF ANY SUCH PAGES AND REQUEST, AS THE TRADEMARK HOLDER, THAT SUCH PAGES BE REMOVED.
e. If a Gamer has a public webpage, website, or presence on any websites (such as, but not limited to, Twitter, Facebook, etc.), the Gamer shall only use MagiQlub produced and approved advertising, marketing text, banner ads, etc. The Gamer shall use the approved MagiQlub advertising and marketing materials “as is” with no changes or alterations of any kind (including, but not limited, resizing such material or adding the Gamer ’s name or logo thereto).
37. No Business Name Containing MagiQlub Trademarks. Gamers shall not incorporate or organize any entity containing the name “MagiQlub,” “Gamer ,” or similar name. Gamers shall not register any assumed name, fictitious name, or DBA using such terms.
38. No Trademark Registration by Gamers. Gamers may not use or attempt to register any of MagiQlub”s trade names, trademarks, service names, service marks, product names, Company name, or any derivative thereof, for any Internet domain name or for any federal or state trademark. The Gamer may not incorporate MagiQlub”s trade names, trademarks, service names, service marks, product names, Company name, or any derivative thereof, into any electronic mail address. Any registration by a Gamer in violation of this provision is held in trust for the benefit of MagiQlub and shall be assigned, on-demand, to MagiQlub.
39. Independent Communications. Gamers, as independent contractors, are encouraged to distribute information and direction to their respective downlines. MagiQlub encourages the use of newsletters, email, training workshops both online and offline, and other organizational programs.
a. Gamers must identify their personal communications as such and not give the impression that such communications are the official communications of MagiQlub.
b. Gamers are responsible for ensuring that their communications are accurate, comply with applicable law, and do not violate any policy of MagiQlub.
c. MagiQlub, at its sole option, may require that any or all Gamers communicate with their downline only through MagiQlub channels including, but not limited to, a private mail system on the MagiQlub Website, or by sending communications to MagiQlub for mail-outs to the downline at the Gamer ’s expense.
d. At MagiQlub”s sole discretion, MagiQlub may require any or all Gamers to have the communication of such Gamers to their downline pre-approved by MagiQlub prior to sending such communication.
e. A Gamer shall not represent to third parties that: (i) the Gamer has any exclusive rights to offer a particular MagiQlub program; (ii) that the Gamer is endorsed by MagiQlub; (iii) that the Gamer is offering a program or opportunity which no other Gamer offers.
40. Endorsements. No endorsements or testimonials of any kind, including by MagiQlub officers, may be alleged, except as expressly communicated in MagiQlub literature or approved in writing. If a Gamer is endorsed by a third party (such as a celebrity, charitable organization, etc.), the Gamer must have written authority from the third party to use such endorsement and must have provided a copy of such written authority to MagiQlub prior to advertising with such endorsement.
41. Telephone Answering. Gamers may not answer the telephone by saying “MagiQlub,” “MagiQlub biz,” “MagiQlubvgames,” or with any other MagiQlub-related trademark, or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of MagiQlub or its licensed affiliates.
42. Repackaging, Relabeling, and “Masking” Prohibited. Gamers may not repackage or re-label any MagiQlub products, services, or materials in any way. Gamers shall not “mask” the MagiQlub domains such that downline or consumers do not see the actual domain name of the website that they are viewing. Gamers may “redirect” domains to their MagiQlub Gamer website, so long as the actual MagiQlub Gamer website name is visible (e.g., redirect “www.MakeMoneyWithBobSmith.com” to “www.MagiQlub.com/Gamer /BobSmith” with “www.MagiQlub.com/Gamer /BobSmith” visible to the user). In this section, “redirect” and “mask” have the meanings associated with their use in the web design and internet hosting context.
43. Consent to Promotion Using Name. By becoming a Gamer, the Gamer consents to MagiQlub listing the Gamer ’s name, likeness, and MagiQlub internal Gamer URL or landing page on any page in the MagiQlub Website or on any MagiQlub promotional material, including, but not limited to, the Wall of Fame page, the Home page, a Gamer landing page, or the Promotional Carousel.
44. Payments are made peer to peer and paid within 48 hours directly to the gamer. It is the responsibility of the gamer to confirm payment sent and the receiver must confirm payment received on the MagiQlub platform.
45.Price Changes. All MagiQlub products, services, literature, Gamer monthly fees (if applicable), annual renewal fees (if applicable), and other prices are subject to change without notice. All prices will be the same for all Gamers.
46. Downline Genealogy. A Gamer may view his downline genealogy through the virtual office. Upon termination, a Gamer may no longer access any information to his downline genealogy as this is confidential and proprietary information belonging to MagiQlub.
47. Gamer Responsible for Website Connection. It is the responsibility of each Gamer to ensure that he or she has sufficient technical resources to access the MagiQlub Website. If a Gamer is unable to access or continue participation in a game or event because of technical problems of the Gamer or the network or internet provider or that Gamer, MagiQlub is not obligated to refund entry fees to that particular Gamer.
48. Disconnection of Participant. If a game is live, multiple-player game, a Gamer who becomes disconnected and remains disconnected for a reasonable period of time (which would be disclosed at the beginning of the game) may be treated as having resigned from the game. If a game is not a live game, a Gamer who becomes disconnected for any period of time will be treated as having resigned from the game. At the option of MagiQlub (but consistent within the specific tournament), the resignation (or disconnection) of a Gamer from a tournament, for scoring purposes, MagiQlub will either: (1) treat the Gamer as though he had not left any unanswered questions unanswered; (2) treat the Gamer as though he had not taken any further actions in the game in which he or she was participating; (3) provide a zero score to the Gamer; or (4) provide the minimum score in the game to the Gamer.
49. MagiQlub Right to Waive Certain Provisions. In exceptional circumstances, MagiQlub may, at its sole option, waive the enforcement of either of the above two sections (section 56 or section 57) and require Players to continue the tournament at a later time.
50. Intentional Disconnection Prohibited. A Gamer is prohibited from intentionally disconnecting from a game or tournament without using the built-in option to withdraw from the game or tournament. MagiQlub may suspend or restrict a Gamer who makes an intentional practice of disconnecting from games.
51. Event Timing. For all game events, both live and casual, the time recorded by the MagiQlub system servers shall represent the time of record. In all instances of timing, the time MagiQlub system records the start and end times of all events. In the case of a tie, the time calculated at the MagiQlub system is the final authority. Live Event play requires the player to submit responses to the server where the time of submission becomes an important factor. Due to the inherent delays that can occur due to a player’s Internet or cellular connection, the MagiQlub system time is used as the authoritative time and is used for establishing the user’s submittal time.
52. Recordkeeping. MagiQlub encourages all its Gamer to keep complete and accurate records of all their business dealings for tax and accounting purposes
53. Income Claims. Gamer EXPRESSLY REPRESENTS AND WARRANTS TO MagiQlub THAT No EMPLOYEE, SHAREHOLDER, OFFICER, AGENT OF MagiQlub, AND NO Gamer, SPONSOR, OR another PERSON HAS MADE ANY REPRESENTATION OF INCOME THAT THE Gamer WILL EARN FROM THE MagiQlub OPPORTUNITY. Gamer EXPRESSLY REPRESENTS AND WARRANTS TO MagiQlub THAT Gamer HAS FULLY INVESTIGATED THE MagiQlub OPPORTUNITY AND THAT Gamer UNDERSTANDS THAT THIS AND ALL BUSINESS VENTURES ARE INHERENTLY RISKY AND THAT Gamer IS INVESTING MONEY THAT Gamer CAN AFFORD TO LOSE SOME AND/OR ALL OF IF THE BUSINESS VENTURE IS UNSUCCESSFUL. Any false, deceptive or misleading claims regarding the Business Opportunity or product/service are prohibited. Gamers occasionally, in violation of the rules of MagiQlub, represent hypothetical income figures based upon mathematical calculations of the power of network marketing as actual income projections. This is counterproductive, and prohibited, since new Gamers may be quickly disappointed if their results are not as rapid as the hypothetical model. If a Gamer is uncertain as to the accuracy of any calculations or income projections presented, Gamer should contact MagiQlub for additional information. Even though a Gamer may witness another party making false, deceptive, misleading, or hypothetical calculations of income, this provision is not waived and the Gamer is not permitted to engage in such activity.
54. Contact. Each person who registers on the MagiQlub Website consents to receive periodic emails and other contacts from MagiQlub regarding MagiQlub and the MagiQlub Opportunity and specifically about such person’s account. Persons who register with MagiQlub may opt-out of the periodic emails by following the instructions in such emails. Persons may not opt-out of certain emails specific to their MagiQlub account, except by canceling their MagiQlub account.
55. No Governmental Endorsement. Federal and state regulatory agencies do not approve or endorse direct selling programs. In some instances, the MagiQlub program may be registered with a state or federal agency. Registration does not represent or imply endorsement by that agency and does not mean that agency has undertaken any investigation of the MagiQlub program. Therefore, Gamers may not represent or imply, directly or indirectly, that the MagiQlub program has been approved or endorsed by any governmental agency .
57. Non-Waiver Provision. No failure of MagiQlub to exercise any right under this Agreement or to insist upon strict compliance by a Gamer with any obligation or provision herein and no custom or practice of the parties at variance with this Agreement shall constitute a waiver of MagiQlub”s right to demand exact compliance with this Agreement. A waiver by the Company can only be made in writing by an authorized officer of the Company. MagiQlub”s waiver of any particular default by a Gamer shall not diminish or impair MagiQlub”s rights with respect to that default, if it is continuing, or any subsequent default, nor shall it diminish or impair in any way the rights of MagiQlub with respect to any obligations of any other Gamer.
58. Severability. If any provision of this Agreement, including these rules and regulations, or any specification or operating procedure which MagiQlub has prescribed is held to be invalid or unenforceable under law or rule of any applicable jurisdiction, MagiQlub shall have the right to modify the invalid or unenforceable provision to the extent necessary to render it valid and enforceable. The Gamer shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
US -Applicant. All applicants who reside in the United States and its territories or who are otherwise physically located in the United States may register with MagiQlub to become a Gamer. This provision excludes applicants who reside in states where “Games of Skill” are forbidden by state law to be played for cash and or prizes (these states are listed below). MagiQlub”s gaming platform is designed to BLOCK or limit activities of residence from these forbidden states. Any applicant that attempts to sign- up from a state or territory where games of skill are forbidden will be permitted to access and use the MagiQlub website for FREE PLAY ONLY. Applicants from “BLOCKED STATES” will NOT be confirmed as a Gamer, they will NOT be permitted to participate in cash and or prize tournaments. Additionally, there are also certain states that forbid their residents from earning commissions or from participating in building a downline to earn commissions on “Games of Skill” (these states are also listed below). Any applicant that sign-up from a state where earning commissions or building a downline is forbidden will be permitted to access and use the MagiQlub website for FREE PLAY ONLY but will NOT be entitled to earn commissions of any kind.
a. A US Applicant (Excluding residence of Blocked States) may sign up Gamers.
b. MagiQlub makes no representations or warranties: (1) if any US Blocked Jurisdiction will become a Permitted Jurisdiction; or (2) the time frame in which the US Blocked Jurisdiction may become a Permitted Jurisdiction.
c. MagiQlub has no duty, and expressly disclaims any obligation, to make any efforts to convert any US Blocked Jurisdiction to a Permitted Jurisdiction.
d. MagiQlub 3rd party strategic partners and white label sites have the sole responsibility to ensure their Gamer s comply with local governing laws.
e. The BLOCKED STATES where earning Cash and Prizes on Games of Skill and Fantasy Sports is forbidden.
i. Alabama ii. Arizona
iii. Delaware iv. Hawaii
v. Idaho vi. Illinois
ix. Maryland x. Montana
xi. Nevada xii. Tennessee
f. BLOCKED STATES where earning commissions or building a downline on
Games of Skill and Fantasy Sports are forbidden.
i. Delaware ii. Louisiana iii. Maryland
g. We intend to pay out a guaranteed prize for all tournaments within 30 days from the start date of the event. We are doing this so as to meet the law requirements of the following states. This way we will be compliant if a player enters a tournament from one of these states.
i. Arizona ii. Arkansas
iii. Florida iv. Nebraska
v. New Mexico
vi. South Carolina
60. Non-US Applicant. All applicants who reside in countries outside of the United States or who are otherwise physically located outside of the United States and its territories may register with MagiQlub to become a Gamer . This provision excludes applicants who reside in or who are physically located in any of the SANCTIONED COUNTRIES or territories listed below. Any applicant that attempts to sign-up from a Sanctioned Country or territory will NOT be permitted to access or use the MagiQlub website in any way. They will NOT be confirmed as a Gamer , will NOT be permitted to participate in cash and or prize tournaments, and will NOT be entitled to earn commissions from building a downline of any kind.
a. A Non-US Applicant (Excluding residence of Sanctioned Countries) may sign up Gamers.
b. MagiQlub makes no representations or warranties: (1) if any non-US sanctioned jurisdiction will become a Permitted Jurisdiction; or (2) the time frame in which a non-US sanctioned jurisdiction may become a Permitted Jurisdiction.
c. MagiQlub has no duty, and expressly disclaims any obligation, to make any efforts to convert any non-US sanctioned jurisdiction to a Permitted Jurisdiction.
d. MagiQlub 3rd party strategic partners and white label sites have the sole responsibility to ensure their Gamer s comply with local governing laws.
e. Embargoed and Sanctioned Countries i. CRIMEA - REGION OF UKRAINE
iv. NORTH KOREA
v. SUDAN vi. SYRIA
61. Pre-Launch Applicants. MagiQlub, at its sole discretion, may allow applicants to pre-registerr prior to the full launch of the MagiQlub Website (“Pre-Launch Applicants”). Such registrants are only submitting applications to become Gamers, and MagiQlub” acceptance of such applicants as Gamers is expressly made conditional upon the prerequisites set forth in section 1 and compliance with these Terms and Conditions. Acceptance of Pre-Launch Applicants as Gamers and allowing the Pre-Launch Applicants to register other Pre-Launch Applicants and Gamer s is wholly within the discretion of MagiQlub.
62. Notices. All legal notices, demands, and service must be made to: MagiQlub
Attn: Legal Department
63. Limitation of Liability, Waiver of Claims, and Indemnification of MagiQlub. To the extent permitted by law, MagiQlub shall not be liable for and Gamer releases and holds MagiQlub harmless from, and agrees to indemnify and defend MagiQlub from, and waives all claims for any loss of profits, direct or indirect, special or consequential damages or any other loss incurred or suffered by Gamer as a result of: (a) the breach by the Gamer of this Agreement; (b) the operation of Gamer 's business; (c) any incorrect or wrong data or information provided by Gamer ; (d) the failure to provide any information or data necessary for MagiQlub to operate its business, including without limitation, the enrollment and acceptance of Gamer into the MagiQlub Income Opportunity or the payment of commissions and bonuses; (e) any misrepresentations by the Gamer , whether intentional, knowing, negligent or unintentional, to any party; (f) any misrepresentations by a third party, including a Gamer of the upline or potential upline of Gamer , to the Gamer ; and (g) any misuse, unauthorized use, or infringement by the Gamer , regardless of whether such misuse, unauthorized use, or infringement by the Gamer is intentional or not, of the trademarks, copyrights, patents, or other intellectual property of any third party, whether on the MagiQlub Site, a website owned or hosted by the Gamer , or other misuse, unauthorized use, or infringement by the Gamer on the intellectual property of a third party for which the third party alleges that MagiQlub is liable. Furthermore, it is agreed that any liability from MagiQlub to the Gamer may not exceed, and is hereby expressly limited to, the lesser of: (i) the amount paid by the Gamer to MagiQlub within the previous six months; or (ii) the amount of commissions owed to the Gamer at such time.