This Agreement contains the complete terms and conditions that apply to your participation
in the Peaksports Membership Affiliate Program. As used in this Agreement, "we"
or "us" refers to Peak Performance Sports, LLC and "you" refers to the applicant.
You must be 18 years of age or older to enter into this Agreement with us.
- How Do I Enroll in Your Affiliate Program? To begin the
enrollment process you must submit a completed Peaksports Affiliate Program
application. Upon receipt of your application we will evaluate it and notify
you of its acceptance or rejection. Although we hope your application will
be successful, we reserve the right to reject applications for any or no reason.
For example, we may reject your application if we determine that your site
is unsuitable for the Program, including if it:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe
on any copyright, trademark or other intellectual property rights or to
violate the law
- Includes "Our Company.com" or variations or misspellings thereof in
its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory,
obscene, harassing, or racially, ethnically or otherwise objectionable
to us in our sole discretion.
- Purchase or bid for placement of any of peaksports.com or peaksportsnetwork.com's
trademarked company names. These names include: (Peak Performance Sports,
LLC, - peaksportsnetwork.com) and any variation of our trademarked name.
If we reject your application, you are welcome to reapply to the Program
at any time. You should also note that if we accept your application and
your site is later determined (in our sole discretion) to be unsuitable
for the Program, we may terminate this Agreement at any time. We will not
be liable to you for any costs, damages or lost profits as a result of our
termination of this Agreement.
- How Do I Link My Site to PeaksportsNetwork.com? Once
we notify you that your application has been accepted, we will make available
to you banner advertisements, buttons and/or text links to our site. The links
we may make available could be in the form of:
These links will allow your visitors to enter our site and enable us to keep
track of the sales you may earn if they purchase membership plans from us.
If we accept your application, we will provide you with instructions describing
how to include and maintain links to our site. To permit accurate tracking,
and reporting the links we provide you are in a special "tagged" link format,
or "Tagged Links". You are responsible for ensuring that each of the links
between your site and our site is a Tagged Link. You agree not to modify the
Tagged Links in any way.
- How are Customer Orders Processed? We will process orders
placed by customers who enter our site via Tagged Links. We reserve the right
to reject any orders that do not comply with our policies or conditions at
the time of the order. We will be responsible for all aspects of order processing
and fulfillment. Among other things, we will prepare order forms, process
payments, cancellations and returns and handle customer service. We will track
sales made to customers who purchase using Tagged Links and will make available
to you reports summarizing this sales activity. The form, content, frequency
and method of delivery of the reports may vary from time to time in our sole
discretion.
- How Do I Get Paid? We will pay you when visitors from
your site use the Tagged Link to purchase products from us. Referral fees
are calculated based on a percent of the "Net Sales" from "Qualifying Purchases"
made during a "Session". The percent is specified in referral fee schedules
to be established by us. "Net Sales" shall mean gross sales from Qualifying
Purchases. "Qualifying Purchases" shall mean a purchase of a member plan offered
on our site that meets the following criteria: The purchase must be completed
on our site. The purchase must be made via a valid credit card. No phone orders.
The ship-to address must be a domestic U.S. address. The purchase must be
completed during a "Session" (defined below). "Session" shall mean the period
beginning upon a visitor's entry to our site via a Tagged Link (regardless
of whether the visitor leaves and then returns to the site) and ending 7 days
thereafter if the visitor accepts "cookies" from our site (see explanation
below). Any Session in progress will automatically terminate upon the expiration
or termination of this Agreement or upon the visitor deleting our cookie.
Orders entered for which the product/plan does not complete are not reported
as sales. Note regarding "Cookies": To keep track of the Session, we use a
small text file called a "cookie" that is placed on the hard drive of the
visitor's computer. Some web browsers permit users to elect not to receive
cookies. Only visitors who accept cookies can be tracked for referral fees.
You understand that no referral fee can be paid for any purchase made by a
visitor who does not accept "cookies" or who has deleted our "cookies" during
a session.
- How Much Do I Get Paid? We will pay you 20% the purchase
price of a plan, depending on the plan type.
- Who Sets the Policies and Pricing for Customers? Customers
who buy plans through this Program will be deemed to be our customers. Accordingly,
all rules, policies, and operating procedures concerning customer orders,
customer service and product sales from and by Peak Performance Sports will
apply to those customers. Also, the terms, conditions and policies of our
site will apply to the visitors' conduct and their rights and obligations
while visiting our site. We have the right to change our policies and operating
procedures at any time. For example, we will determine the prices to be charged
for products/plans sold under this Program in accordance with our own pricing
policies. Because product prices and availability may vary from time to time,
we cannot permit you to include pricing or product descriptions on your site
independent of the materials we provide in the Links. We will use commercially
reasonable efforts to present accurate information, but we cannot guarantee
the availability or price of any particular product. You are responsible for
periodically visiting, reviewing and becoming familiar with the terms and
conditions sections of the PeaksportsNetwork site, which are incorporated
into this Agreement by reference.
- Ownership and License. We hereby grant you a limited,
non-exclusive, nontransferable, non-sub licensable, revocable right to use
the graphic images and text we are providing to you solely for the purpose
of creating links from your site to ours. You may not modify the graphic image
or text, or any other of our images, in any way, or engage in "site framing"
or similar processes. We reserve all of our rights in the graphic image and
text, any of our trade names, trademarks, domain names, copyrights trade dress
and any other intellectual property rights. You agree to follow our guidelines
for use of our trademarks, as those guidelines may change from time to time,
in addition, you agree not to use our trademark in any search engine keyword
optimization. We may revoke your license at any time by giving you written
notice. You also agree that you shall use the Tagged Links only in order to
link to our site and to promote your ability to do so pursuant to this Agreement.
You agree that you shall not present the Tagged Links or any images comprising
them in combination with any other name or mark, in connection with your own
goods or services, or in any manner that may suggest or imply that you or
your goods or services are supplied by, sponsored by, endorsed by or affiliated
with us.
- You are Responsible 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 · posting
and maintaining links to our site
- The accuracy and appropriateness of materials posted on your site
- 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 or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise
illegal We disclaim all liability for these matters.
Further, you will indemnify and hold us harmless from all claims, damages,
and expenses (including, without limitation, reasonable attorneys' fees) relating
to the development, operation, maintenance, and contents of your site.
- How Long is the Term of this Agreement? The term of this
Agreement will begin upon our acceptance of your 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 notice of termination
in accordance with the notice provision of this Agreement. Upon the termination
of this Agreement for any reason you will immediately cease use of, and remove
from your site, all links to our site, and all Our Company.com or Our Company.com
trademarks, trade dress and logos, and all other materials provided by or
on behalf of us to you pursuant hereto or in connection with the Program.
You are only eligible to earn referral fees on Qualifying Purchases occurring
during the term, and referral 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.
- Can this Agreement be Modified? 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,
referral 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 THREE DAYS AFTER OUR
POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
- What is the Legal Nature of our Relationship? 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. This is a binding contract between you and us. By
completing the application and by clicking on the "Agree" button below, you
indicate your willingness to be bound by this Agreement.
- Our Liability to You is Limited. 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 with respect to this Agreement and the Program will not
exceed the total referral fees paid or payable to you under this Agreement.
- More "Fine Print" 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, merchantability,
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 or the links or Tagged Links will be uninterrupted or
error-free, or will not be re-routed or "black holed." As a result, we might
temporarily be unable to capture information regarding Tagged Links. We will
not be liable for the consequences of any such interruptions or errors. The
Program is intended for commercial use only. 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
OR MAINTAIN AFFILIATES 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. Notices to you are effective if
provided in writing to the postal addresses, electronically to the e-mail
address set forth in the application or if posted on our website. Notice to
us may be given in writing to Peak Performance Sports, LLC, 7380 Sand Lake
Rd. PMB 5012, Orlando, FL 32819. Attention Affiliate Marketing Program; or
by e-mail to peaksportsnetwork.com. This Agreement will be governed by the
laws of the state of Florida without reference to rules governing choice of
laws. Any action relating to this Agreement must be brought in the federal
or state courts located in Orange County, Orlando, Florida and you irrevocably
consent to the jurisdiction of 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 enforceable against the parties and their respective successors and
assigns. Our failure to enforce 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.