Teamanizer Associates Agreement

This Agreement (the "Agreement") describes the complete terms and conditions that apply to an individual's or entity's participation in the Teamanizer Associates Program (the "Program") operated by Youth Sports Software, LLC. As used throughout this Agreement, "we" and "us" refer to Youth Sports Software, LLC ("YSS"), 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 prowebwear.com site or a site operated by the applicant.

1. How to enroll in the Teamanizer Associate Program
You apply to participate in the Program by completing our online application. We will evaluate your application and notify you via email if you have or have not been accepted into 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.

2. Linking to teamanizer.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 product orders placed by customers who follow the special link from your site to the teamanizer.com site. We will be responsible for all aspects of order processing and fulfillment including, but not limited to, processing payments, order cancellations, product returns and customer service. We will track sales made to customers who purchase products using the special link from your site to our site. We will send you reports each month summarizing this sales activity unless during that month your site did not generate any sales which qualify for a referral fee under the Program. We reserve the right to change the content and format of these reports at our discretion. 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 a referral fee for all sales which meet the following criteria: the customer must follow a special link from your site to the teamanizer.com site. The customer must purchase the product(s) without leaving our site using our online ordering method. The customer must accept delivery of the product and remit full payment to us. You will not be paid a referral fee on any item which is returned to us by the customer for a refund within 30 days of purchase. 

5. Referral Fee Rate Schedule
You will earn referral fees based on the sale price of qualifying products sold in the teamanizer.com online store according to the fee schedule we establish. "Sale price" means the price shown on our site at the time of purchase and excludes costs for shipping, handling, gift-wrapping and applicable taxes. Referral fees will be calculated each month.

The current referral fee schedule is as follows:
 

  • 20 % on all qualifying products if the total sale price for qualifying products does not exceed $40.00 during the month
  • 22% on all qualifying products if the total sale price for all qualifying products is more than $40.01 during the month
  • 25% on all qualifying products if the total sale price for all qualifying products is more than $49.99 during the month


6. Payment of Referral Fees
We will pay you referral fees on a monthly basis. Approximately thirty (30) days following the end of each calendar month, we will mail you a check for the referral fees you earned during that month, less any taxes that we are required by law to withhold. However, if the referral fees payable to you for any calendar month 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.

If a product that generated a referral fee is returned to us by the customer, we will deduct the corresponding fee from your next quarterly payment. If there is no subsequent payment, we will mail you a bill for the amount of the fee.

7. Program Policies and Pricing
Those customers who buy products through the Program will be deemed to be customers of teamanizer.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.

8. Link Format Requirements
You are required to select and use the Teamanizer graphical icon we provide or a textual link to us. When users click on this graphical icon or text, you must use the special link we supply you with to forward the customer to our store. 

9. Youth Sports Software, LLC  Assets
All rights to the teamanizer.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 teamanizer.com site, are the exclusive property of YSS. We grant you a non-exclusive, non-assignable, revocable right to use the Teamanizer graphical icon 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
  • 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.

 

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