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This Agreement (the "Agreement") describes the complete
terms and conditions that apply to an individual's or
entity's participation in the HeySportsFans Associates
Program (the "Program") operated by HeySportsFans. As used
throughout this Agreement, "we" and "us" refer to
HeySportsFans ("HSF"), and "you" refers to the applicant.
"Site" refers to a World Wide Web site which, depending on
the context used in this Agreement, may refer to the
heysportsfans.com site or a site operated by the
applicant.
1. How to enroll in the HeySportsFans Associate
Program
You apply to participate in the Program by completing our
online application. Upon successful completion, you will be
pre-approved for the Program. We will evaluate your
application and notify you via email if you are dropped from
the Program. We reserve the right, at our sole discretion,
to exclude any site that we feel is inappropriate. Sites
which we consider inappropriate include, but are not limited
to, sites that contain or promote violence or sexually
explicit content or products, sites that promote illegal
activities, sites that discriminate on the basis of race,
sex, age or religion, and sites that violate intellectual
property rights. Websites must also be fully operational.
Should an application be rejected for any reason, applicant
reserves the right to reapply at any time.
2. Linking to heysportsfans.com
You will provide a link on your site to a specific Web site
address (the "special link") which we will supply to you
upon your acceptance in the Program. This link must conform
to all the standards set forth in this Agreement.
3. Order Processing
We will process all orders placed by customers who follow
the special link from your site to the heysportsfans.com
site. We will be responsible for all aspects of order
processing and fulfillment including, but not limited to,
processing payments, order cancellations, returns and
customer service. We will track sales made to customers who
purchase products using the special link from your site to
our site. To ensure that you receive appropriate credit for
sales that originated from your site, it is your
responsibility to correctly implement the special link
between your site and our site. We are not responsible for
errors made on your part in using the special link.
4. Referral Fees
We will pay you $10 per order for all sales which meet the
following criteria: the customer must follow a special link
from your site to the heysportsfans.com site. The customer
must purchase the product(s) using our online ordering
method. Sales for Playoff Fantasy Football and Fantasy March
Hoops are NOT eligible for affiliate referral fees. The
customer must accept delivery of the product and remit full
payment to us. Refunded or disputed accounts within 30 days
after the start of the game are not eligible for affiliate
referral fees.
5. Payment of Referral Fees
We will pay you referral fees on a quarterly basis.
Approximately thirty (30) days following the end of each
calendar quarter, we will mail you a check for the referral
fees you earned during that quarter, less any taxes that we
are required by law to withhold. However, if the referral
fees payable to you for any calendar quarter are less than
$20.00, we will withhold those fees until the total amount
due to you is at least $20.00. If this Agreement is
terminated, we will send you payment for all referral fees
you earned, regardless of the amount.
Affiliate may be required to provide HeySportsFans with
appropriate tax identification or Social Security Numbers
should payments exceed $599 within a calendar year. Should
an individual affiliate site reach a payment level of $600,
HeySportsfans will remit to affiliate a Form 1099 disclosing
the amounts of payments. HeySportsFans reserves the right to
retain any payments owed to affiliate in excess of $599
should the affiliate fail to provide the necessary tax
identification upon request.
6. Program Policies and Pricing
Those customers who buy products through the Program will be
deemed to be customers of heysportsfans.com. Therefore, all
rules, policies, and operating procedures concerning
customer orders, customer service, and product sales are
defined exclusively by us. We reserve the right to change
our product pricing, policies and general operating
procedures at any time.
7. Sales Reporting
At Sign-up, affiliate will receive a URL to access sales
activity for the current period. This URL will enable
affiliate to view their sales activity on an
up-to-the-minute basis.
8. Link Format Requirements
You are required to select and use one of the approved
HeySportsFans graphical icons or text links we provide. When
users click on this graphical icon or text link, you must
use the special link we supply you with to forward the
customer to our store. Acceptable graphics can be found
here: Affiliate
Links & Graphics.
9. HeySportsFans Assets
All rights to the heysportsfans.com site, including but not
limited to all trade names, trade marks, other intellectual
property rights, and all of the images, product photographs
and descriptions contained in the heysportsfans.com site,
are the exclusive property of HeySportsFans. We grant you a
non-exclusive, non-assignable, revocable right to use the
graphical icons described in Section 8 solely for the
purpose of identifying your site as a Program participant
and to assist you in generating product sales. You may not
modify the graphical icon or any of our images in any way
without our express written consent.
We reserve the right to revoke this limited license at any
time by giving you written or email notice.
10. Responsibility for Your Site
You will be solely responsible for the development,
operation, and maintenance of your site and for all
materials that appear on your site. For example, you will be
solely responsible for:
- The technical
operation of your site and all related
equipment
- Creating and posting
product descriptions on your site and linking those
descriptions to our catalog
- The accuracy and
appropriateness of materials posted on your site
(including, among other things, all product related
materials)
- Ensuring that
materials posted on your site do not violate or infringe
upon the rights of any third party (including, for
example, copyrights, trademarks, privacy, or other
personal, proprietary or intellectual property
rights)
- Ensuring that
materials posted on your site are not libelous or
otherwise illegal
We disclaim all liability
for these matters. Further, by participating in the Program,
you expressly agree that you will indemnify and hold us
harmless from all claims, damages, and expenses (including,
without limitation, attorneys' fees) relating to the
development, operation, maintenance, and contents of your
site.
11. Terms of the Agreement
The terms of this Agreement will begin upon our acceptance
of your Program application and will end when terminated by
either party. Either you or we may terminate this Agreement
at any time, with or without cause, by giving the other
party written or email notice of termination. You are only
eligible to earn referral fees on sales of qualifying
products occurring during the term of this Agreement, and
fees earned through the date of termination will remain
payable only if the related orders are not canceled or
returned. We may withhold your final payment for a
reasonable time to ensure that the correct amount is
paid.
12. Modification
We may modify any of the terms and conditions contained in
this Agreement at any time and in our sole discretion, by
posting a change notice or a new agreement on our site.
Modifications may include, for example, changes in the scope
of available referral fees, fee schedules, payment
procedures, and Program rules. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS
AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM
FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON
OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE
CHANGE.
13. Relationship of the Parties
You and we are independent contractors, and nothing in this
Agreement will create any partnership, joint venture,
agency, franchise, sales representative or employment
relationship between the parties. You will have no authority
to make or accept any offers or representations on our
behalf. You will not make any statement, whether on your
site or otherwise, that reasonably would contradict anything
in this Section.
14. Limitation of Liability
We will not be liable for indirect, special, or
consequential damages (or any loss of revenue, profits or
data) arising in connection with this Agreement or the
Program, even if we have been advised of the possibility of
such damages. Further, our aggregate liability arising from
this Agreement and the Program shall not exceed the total
referral fees paid or payable to you under this
Agreement.
15. Disclaimers
We make no express or implied warranties or representations
with respect to the Program or any products sold through the
Program (including, without limitation, warranties of
fitness, merchant-ability, non-infringement, or any implied
warranties arising out of a course of performance, dealing,
or trade usage). In addition, we make no representation that
the operation of our site will be uninterrupted or
error-free, and we will not be liable for the consequences
of any interruptions or errors.
16. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY
AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER
REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN
THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR
COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER
THAN AS SET FORTH IN THIS AGREEMENT.
17. Miscellaneous
This Agreement will be governed by the laws of the United
States and the State of California, without reference to
rules governing choice of laws. Any action relating to this
Agreement or the Program must be brought in the federal or
state courts located in Santa Cruz County, California, and
you irrevocably consent to the jurisdiction of and venue in
such courts. You may not assign this Agreement, by operation
of law or otherwise, without our prior written consent.
Subject to that restriction, this Agreement will be binding
on, inure to the benefit of, and be enforceable against the
parties and their respective successors and assigns. Our
failure to enforce your strict performance of any provision
of this Agreement will not constitute a waiver of our right
to subsequently enforce such provision or any other
provision of this Agreement.
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