SPORTS TALK 1 SUBSCRIBER
and AFFILIATE MARKETING AND SALES PROGRAM
TERMS AND CONDITIONS AGREEMENT
Please carefully read the following "Terms and Conditions," which defines the membership agreement between you as a "Subscriber" to Sports Talk 1. Also included is information on the "Affiliate Memberbership" and Sales program.
If you accept these Terms and Conditions, please click the "I Agree" button at the bottom of this page. If you do not agree to these Terms and Conditions, then you must not sign up as a Member of the Program.
By becoming a "Subscriber" or participating in the Sports Talk 1 Affiliate Marketing program you acknowledge that you have read, understood, and agree to be bound by these Official Terms and Conditions.
Throughout the following Terms and Conitions Agreement the term "Subscriber" and "Affiliate" shall apply to an individual utilizing the "Affiliate Marketing Program".
1. Acceptance of Terms and Conditions.
A. Subscriber and Affiliate agrees to be bound by the terms and conditions of this agreement. If you do not agree to the terms of this Agreement do not sign up for the Program.
By accepting the terms of this Agreement, the Subscriber and/or Affiliate agrees that Sports Talk 1 may change the terms of this Agreement in its sole discretion. If Subscriber and/or Affiliate does not agree to the changes proposed by Sports Talk 1 or to any terms in this Agreement, Affiliate's sole and exclusive remedy is to cancel Subscriber and/or Affiliate's participation in the Program.
B. Sports Talk 1 reserves the right to terminate, cancel, suspend or refuse access to the Subscriber
and/or Affiliate Program to anyone at its sole discretion.
C. Any new features, services. or products that change, augment or enhance the current Affiliate
Program shall be subject to and apply to this Agreement.
2. Membership Qualifications
A. "Affiliate Members" refers to an individual members who has an affiliate relationship with Sports Talk 1. Sports Talk 1 will pay commissions or “referral fees”, for referring new customers only to individuals
that have previously signed up and have been approved as a Sports Talk 1 Affiliate Marketing member.
B. Sports Talk 1 requires that each Affiliate Member be a current active subscribing memberto the Sports Talk 1 website each month in order to receive a commission.
C. If a Affiliate does not keep their own monthly membership renewed by payment, then that Affiliate will
forfeit all future income for referrals.
D. Each Affiliate Member MUST have or set up a PayPal account. This is the ONLY method of how
payments will be made to Sports Talk 1. AND PayPal is the ONLY method of payment for payments
from Sports Talk 1 to send payments to members of the Affiliate program for their referral commission fees.
D. Each Affiliate Member MUST have or set up an e-mail account. The Affiliate member must make
sure that the e-mail account does not have filters on the e-mail account to prevent e-mails being sent
to the member from Sports Talk 1. Often times there are problems sending e-mails to an AOL or
other e-mail account.
4. Enrollment Process
A. Enrolling in the Sports Talk 1 Affiliate MarketingProgram.
To begin the Affiliate or Fundraiser Program enrollment process, you will submit a complete Application
through this website. Sports Talk 1 will evaluate your application and will notify you of the acceptance or
rejection of your application in a timely fashion. Sports Talk 1 reserves the right to accept or reject any application at the sole discretion of Sports Talk 1, with or without reason.
B. Sports Talk 1 may reject any application if it is determined in our sole discretion that if using a website to market Sports Talk 1 on your website is unsuitable for placing advertising or banners regarding Sports Talk 1 or the Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, profane, obscene, harassing, promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age or is otherwise objectionable.
5. Independent Contractor Status
A. Each affiliate marketing member shall act as an independent contractor and shall have no authority to
obligate or bind Sports Talk 1 in any respect.
The Affiliate Member is an independent contractor, and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, sales representative, or employment relationship
between the parties. The Affiliate Member will have no authority to make or accept any offers or
representations on the behalf of Sports Talk 1. The Affiliate Member will not make any statement,
whether on their own website or otherwise, that reasonably would indicate that they represent Sports
Affiliate Program member is solely responsible for all of its employees or agents and its labor costs and expenses arising therewith. Sports Talk 1 will not furnish or otherwise reimburse Affiliate Member for any office space, office or business equipment, clerical support, telephone, travel, or any other expense which Affiliate Member may incur as a result its performance under this Agreement. The Afffiliate is also entirely responsible for any information regarding their own taxes and Sports Talk 1 will not provide any paperwork for tax purposes.
6. Eligibility Requirements to Receive Referral Commissions
A. Your commission for referral fees can be paid only when ALL of the following conditions are met:
1.) The Sports Talk 1 Affiliate Marketing membership application information is kept current.
2.) The Affiliate Member must maintain a Current Monthly membership to the Sports Talk 1
Subscription based website in order to be eligible to receive referral commissions.
If the Subscriber/AffiliateMember has not paid their ongoing Monthly Membership for
this Subscription Based website, then no referral fees can be issued.
3.) The Affiliate or Fundraiser member must maintain a PayPal account.
4.) The Affiliate or Fundraiser member must maintain a working e-mail account.
B. In order to be eligible to receive Referral commission fees, the Affiliate and Member MUST maintain a current monthly membership to the Sports Talk 1 subscription based website.
If your month to month membership to Sports Talk 1 is not current, the Affiliate member will forfeit all
referral commission referral fees.
C. All Affiliate Program members MUST have an e-mail account. If a Affiliate Program Member does not
currently have a e-mail account they must start an e-mail account in order to receive commission
D. All Affiliate Program members MUST have a PayPal account. If a Affiliate Program Member does not
currently have a PayPal account they can link on the icon on this page to sign up with PayPal.
E. Sports Talk 1 will not be responsible for notice failures caused by an error in your e-mail program, an
inaccurate email address provided by you, your failure to check your email, or your failure to inform
Sports Talk 1 of a change in your email address, or your failure to keep your PayPal account current.
Not abiding by these qualifications will prevent the Affiliate member from receiving referral
commissions. The Affiliate member must make sure that their e-mail account DOES NOT have filters
on it to block an incoming e-mail from Sports Talk 1 to be received.
7. Payment Terms
A. Subject to the terms and conditions of this Agreement, Affiliate Members will be paid their Commission as a Referral Fee.
B. All Affiliate Program members MUST have a PayPal account. If a Affiliate Program Member does not currently have a PayPal account they can link on this page below to sign up with PayPal.
C. All payments to access the Sports Talk 1 subscription based website will be made only through use of
D. All payments by Sports Talk 1 to Affiliate Program members for Referral Fees will be made only through PayPal.
E. When an Affiliate Program Member refers a new individual to Sports Talk 1 and this individual signs up and issues payment through PayPal for the Sports Talk 1 subscription based website and then identifies the Affiliate Member as the referrer during sign up, the Affiliate member then will be
designated as the "Direct Referrer" of this new member and then the Affiliate member will receive the
referral fee of $10 (approximately 50%). The new member must list the person that referred them in
order for a referral fee commission payment to be made.
F. Sports Talk 1 will not be responsible for notice failures caused by an error in an email program, an
inaccurate email address provided by the Affiliate Member, the failure of an Affiliate member to check their email, or the failure of an Affiliate Member to inform Sports Talk 1 of a change in an email address,
or the failure of an Affiliate member to keep their PayPal account current.
8. Payment of Referral Fee Commissions.
A. Payments to Affiliate Program members are made to the Affiliate member and issued at the time that
Sports Talk 1 receives the payment from a new subcribing member from PayPal.
When a person makes their payment to Sports Talk 1 through PayPal and when Sports Talk 1 has
officially received this payment, Sports Talk 1 will also pay the Affiliate for their commission referral fee of
$10. Please allow a minimum of 48 hours due to high traffic periods.
Also through PayPal payments some subscriber members may choose to pay by PayPal eCheck. The eCheck process may take several days to clear through PayPal. When a subscriber uses an eCheck for payment, the Affiliate Member will not receive their referral fee payment until PayPal has cleared the check payment and has issued the funds to Sports Talk 1. When Sports Talk 1 has received the funds from the eCheck from PayPal then the commission referral payment will then be made to the Affiliate Member.
9. Residual Referral Commissions.
A. Monthly payments to access Sports Talk 1 are set up to be automatically renewable. A subscriber may need to renew their membership at the beginning of each month or they may set up their monthly payment to be automatically through PayPal.
It will be the sole responsibility of the Affiliate Member to contact the subscribing members that they have previously signed up to encourage them to renew their membership again.
When a subscriber re-news their subscription again and lists the Affiliate Member that referred them, then the Affiliate Member can again receive a new commission referral fee of $10.
An Affiliate may cancel or terminate this Agreement and their participation in the Affiliate member program at any time, for any reason, provided that they provide at least five day’s prior written notice of such termination to Sports Talk 1 through e-mail.
10. Commission Determination
1. Sports Talk 1 will pay referral commissions to Affiliate members only for confirmed orders paid by PayPal.
2. You are only eligible to earn commission on sales occurring during the time that the Affiliate program member remains active themselves as a monthly subscribing member,
3. All determinations as to whether a commission is payable will be made by Sports Talk 1 and will be final and binding on both Sports Talk 1 and the Affiliate member.
4. Affiliate member shall always maintain the quality of its services and representations of Sports Talk 1 at a high level that is satisfactory to Sports Talk 1. Sports Talk 1 shall have the right to review Affiliate’s activities related to this Agreement.
5. Affiliate member shall immediately cease using Sports Talk 1’s name, logos, trademarks, service marks, trade address, proprietary technology and any creation upon the termination or expiration of their participation as an Affiliate member.
11. Policies and Pricing
Sports Talk 1 may change our policies and operating procedures at any time. Sports Talk 1 will determine the prices to be charged for Sports Talk 1 services in accordance with our own pricing policies. Prices of the Sports Talk 1 service may vary from time to time.
Affiliate Member shall be solely responsible themselves for all tax responsibilities and tax returns and payments required to be filed with or made to any federal, state or local tax authority based on Affiliate members revenue or income under this Agreement. There will NOT be a 1099 form issued.
13. Modification of Affiliate Program
Sports Talk 1 reserves the right at anytime and from time to time to modify, discontinue, temporarily or permanently, the Affiliate Program, the amount of the referral fee, or any part thereof of the Terms and Conditions and at its sole discretion.
Affiliate member agrees that Sports Talk 1 shall be held harmless and not be liable to Affiliate member or to any third party for any modification, suspension or discontinuance of the affiliate program. In the event that Affiliate member does not agree with any such modification, Affiliate Member shall terminate its participation in the program, which shall be Affiliate member's sole and exclusive remedy.
It is the responsibility of the Affiliate member to check this Terms and Conditions page of the Sports Talk 1 website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you may immediately cease participation in the Program.
Affiliate Member's continued compliance with this agreement following Sport Talk 1's notification of a change will constitute binding acceptance of the change.
A change notice will be posted on our site. Modifications may include, but are not limited to, changes in the scope of available commissions, commission 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.
Affiliate member shall hold harmless Sports Talk 1 and each of its affiliates, directors, officers, agents, employees and sublicensees from losses, damages, liabilities, costs and expenses. Sports Talk 1 shall not be liable or obligated under any section of this agreement, or under contract, negligence, strict liability or other legal or equitable theory, for any indirect, special, incidental, or consequential damages, lost profits, lost data, or cost of procurement of substitute goods or services in connection with this agreement. In no event shall Sports Talk 1 be liable to Affiliate Member or any third party for any direct, indirect, special, exemplary, consequential or incidental damages..
This Agreement may not be assigned or transferred by Affiliate member.. Any attempted transfer or assignment in violation of this Agreement shall be null and void and without effect.
16. Cancelation and Member Termination
1. Unless terminated earlier as provided herein, this Agreement shall remain in full force unless otherwise terminated by the subscriber or Sports Talk 1.
2. Effect of Termination. In the event that this Agreement is terminated for any reason, Affiliate member
will only be eligible for Commission Referral Fees earned as a result of paid subscribers who were acquired up to the date of termination or expiration. Upon termination or expiration of this Agreement, all use granted under this Agreement shall terminate and Affiliate will immediately cease use of, and remove from the Affiliate's website, all Sports Talk 1 links.
3. Either party may terminate this Agreement and their participation in the Affiliate member program at any time, for any reason, provided that they provide at least five day’s prior written notice of such termination to the other party through e-mail.
The Subscriber/Affiliate member may cancel Membership at any time by notifying Sports Talk 1 through email at email@example.com
If a member decides to cancel their membership and later wish to re-enroll, the member will not receive credit for Referrals when they had terminated their membership.
In addition, Sports Talk 1 shall be entitled to terminate this Agreement immediately if Affiliate member
materially breaches or violates any terms or conditions of this Agreement, or if Sports Talk 1
determines, in its sole discretion, that there are technical or operational issues.
4. Sports Talk 1 reserves the right to terminate any account if the Member is no longer reachable at the
email address provided.
5. Affiliate member agrees not to 'spam' individuals by sending them unwanted emails to solicit their
membership for Sports Talk 1 and to abide by all anti-spam policies. Refusal to abide by this or any
other rules may result in Sports Talk not crediting you for Referral commission fees and/or canceling your membership in the Affiliate Program.
6. Sports Talk 1 at its sole discretion and for any reason may refuse to accept applications for membership and may cancel any Member's account and/or forfeit the accrued referral commission. Reasons for such cancellation and forfeiture are, but not limited to,
(a) any failure to comply with any provision of the Terms and Conditions;
(b) any fraud or abuse relating to the accrual or redemption of a referral fee commission;
(c) any misrepresentation of any information furnished to Sports Talk 1 or its affiliates by you or anyone
acting on your behalf;
(d) acting against the business interests or reputation of Sports Talk 1;
(e) otherwise acting unlawfully in relationship to Sports Talk 1;
(f) breach of spamming policy; or
(g) any other reason at the discretion of Sports Talk 1.
If your account is terminated by Sports Talk 1, you may not sign up again under a new account unless formally invited to do so by Sports Talk 1.
17. Affiliate Program Termination
Sports Talk 1 may terminate the Affiliate Program at any time with notice sent to the email address
designated in member's account information.
18. Terms of the Agreement
The term of this Agreement will begin upon our acceptance of your Affiliate Member Program application and will end when terminated by either party. Either Affiliate member or Sports Talk 1 may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination by e-mail.
19. Dispute Resolution
All questions or disputes regarding the Sports Talk 1 Affiliate Program, including without limitation, questions or disputes regarding eligibility for the program, or the eligibility of referral fees, must be submitted to Sports Talk 1 at firstname.lastname@example.org. Any such disputes shall be resolved by Sports Talk 1 at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Sports Talk 1.
Sports Talk 1 makes no express or implied warranties or representations with respect to the Program or Sports Talk 1. Sports Talk 1 does not guarantee that the Affiliate Member will make a certain amount of money in referrals. All success will be due to the efforts and effectiveness of the Affiliate Member. 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.
Once you are accepted into the Affiliate Program, you will be able to participate in the Affiliate Program subject to the terms and conditions of this Agreement. You should also note that if you are accepted to participate in the Affiliate Program and your website is thereafter determined (in our sole discretion) to be unsuitable based on the criteria above for the Program, we may terminate this Agreement.
21. Spam Policies
As an Affiliate member you agree not to 'spam' individuals unknown to you by sending them unwanted emails to solicit their membership for Sports Talk 1 and to abide by all anti-spam policies. Refusal to abide by this or any other rules may result in Sports Talk not crediting you as a Referral and/or canceling your membership in the Program.
22. Affiliate Marketer's Website used to promote Sports Talk 1.
I have read and agree to the above terms and conditions.
By clicking the "I AGREE" button and then "Applying for Membership to the Affiliate Program", I acknowledge that I have read and that "I AGREE" to the Sports Talk 1 Affiliate Marketing Program Terms and Conditions Agreement.