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Agreement
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Best Soccer Buys Sporting Goods Inc. Affiliate Program (the "Program"). As used in this Agreement, "we" means Best Soccer Buys Sporting Goods Inc., and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Bestsoccerbuys.com site, located at the URL www.bestsoccerbuys.com, or to any site that you will link to our site (and which you will identify in your Program application). 

1. Enrollment
To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that: 
  • promote sexually explicit materials 
  • promote violence 
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age 
    promote illegal activities 
  • have no relevant content  

If we reject your application, you are welcome to reapply to the Program at any time.

2. Linking to Bestsoccerbuys.com
You will link directly into Bestsoccerbuys.com website. We will provide access to our affiliates section from where you can create links by our application. You must use the application to create your links in order to meet the criteria in the operating agreement.

If you would like to use links not created by our application, or you would like to modify the links created by the application, you need prior written permission from Bestsoccerbuys.com. You may not alter any banners, logos, or other content available through the application without written permission from Bestsoccerbuys.com. You may add or delete links from your site at any time without our approval. 


3. Order Processing
We will process sports products orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. 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 Products by using Special Links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion. 


4. Referral Fees
Subject to the terms and conditions of this Agreement, we will pay you referral fees on all sporting goods product sales to third parties. For a sporting goods product sale to generate a referral fee, the customer must follow a link from your site to our store, purchase a sporting goods product using our automated ordering system, accept delivery of the sporting goods product at the shipping destination, and remit full payment to us. The maturity date of your referral fee is 35 days after the products are shipped. This includes our 30 day money back guarantee in case a customers returns the products within the guarantee period.

5. Fee Schedule
You will earn referral fees based on the sale price of sporting goods products, according to fee schedules to be established by us. Sale price means the sale price a customer pays for a product and excludes costs for shipping, handling, gift wrapping, returns, chargebacks, fraud, exchanges, credit card processing fees, and taxes. 
You will earn 5% of sale price on all orders (customized or non-customized) referred to us through your website.

The commission percentage is subject to change without notice. 

6. Fee Payment
Subject to the terms and conditions of this Agreement, we will pay you referral fees on a quarterly basis. Approximately 30 days following the end of each calendar quarter, we will send you a check for the referral fees earned on sporting goods products that were shipped during that quarter, less any taxes that we are required by law to withhold. However, if the fees payable to you for any calendar quarter are less than $20.00, we will hold those fees until the total amount due is at least $20.00 or (if earlier) until this Agreement is terminated. If a sporting goods product that generated a referral fee is returned by the customer, we will deduct the corresponding fee from your next quarterly payment. If there is no subsequent payment, we will send you a bill for the fee, which is due to Bestsoccerbuys.com thirty (30) days after you receive the bill. 

7. Policies & Pricing
Customers who buy sporting goods products through this Program will be deemed to be customers of Bestsoccerbuys.com. Accordingly, all Bestsoccerbuys.com rules, policies, and operating procedures concerning customer orders, customer service, marketing, promotions, and sporting goods product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for sporting goods products sold under this Program in accordance with our own pricing policies. 

Sporting goods product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular sporting goods product. 

8. Identifying Yourself as an Affiliate
We will make available to you a graphic and text links that display our company name. Please do not indicate that you are "part of" Bestsoccerbuys.com, "partners" with us, or that you "work for Best Soccer Buys Sporting Goods". 

9. 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, 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, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. 

10. 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 notice of termination. You are only eligible to earn referral fees on sales occurring during the term, and fees earned through the date of termination will remain payable only if the related sporting goods product orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. 

11. 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, 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 OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. 

12. Relationship of 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.

13. 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 with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement. 

14. 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, merchantability, no 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. 

15. 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. 

16. Miscellaneous
This Agreement will be governed by the laws of the United States and the state of Georgia, without reference to rules governing choice of laws. 

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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