Sports Talk 1 Affiliate And Fundraiser Program Terms and Conditions

SPORTS TALK 1 AFFILIATE AND FUNDRAISER PROGRAM

Terms and Conditions Agreement

Please read carefully the following "Terms and Conditions," which defines the membership agreement between you as an "Affiliate Member" (or "Fundraiser Contact Person") and Sports Talk 1, before signing up as a member of the Sports Talk 1 Affiliate Program or Fundraiser 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 participating in the Sports Talk 1 Affiliate 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 terms "Affiliate" shall also apply to an individual or group utilizing the "Affiliate Program" as a "Fundraiser Program".

1. Acceptance of Terms and Conditions.

A. 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, Affiliate agrees that Sports Talk 1 may change the terms of

this Agreement in its sole discretion. If 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 Affiliate's

participation in the Affiliate or Fundraiser Program.

B. Sports Talk 1 reserves the right to terminate, cancel, suspend or refuse access to the Affiliate Program

or Fundraiser program to anyone in its sole discretion.

C. Any new features, services. or products that change, augment or enhance the current Affiliate Program

or Fundraiser Program shall be subject to and apply to this Agreement.

2. Identical Affiliate and Fundraiser Program Terms and Conditions

A. All terms and Conditions that apply to the Affiliate program shall also apply to groups or individuals that

B. Important information for Enrollment for Fundraiser Program for a Team, School, or Organization:

If you are signing up a Team, School, or Organization in the Fundraising Program you represent

that you have permission and the authority from the Team, School, or Organization to do so.

3. Membership Qualifications

A. In order to sign up as an Affiliate member or as the contact person for the Fundraiser program, you must be at least 18 years old.

B. You may sign up either yourself or an organization as an "Affiliate Program Member" of the Program,

such as the case if using the Affiliate Program as a Fundraiser Program.

C. "Affiliate Members" refers to all the members who have an affiliate relationship with Sports Talk 1 and

Sports Talk 1 will pay commissions or “referral fees”, for referring customers that sign up as subscribing

members.

D. Each Affiliate Member (or Fundraiser group) 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.

It is strongly recommended that if signing up for the Fundraiser Program that the Contact

person for the Team, school, or Organization set up a NEW, Seperate account in the

Fundraiser's name. This is to eliminate any possibility of mixing the Fundraiser funds with a

person's personal PayPal funds. This is the sole responsibility of the Fundraiser Contact person.

E. Each Affiliate Member (or Fundraiser Contact person) 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 e-mail account.

4. Enrollment Process

A. Enrolling in the Sports Talk 1 Affiliate or Fundraiser Program.

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 your website is unsuitable

for the Affiliate Program or Fundraiser 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 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. You 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 your own website or

otherwise, that reasonably would indicate that they represent Sports Talk 1.

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.

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 and Fundraiser membership application information is kept current,

2.) the Affiliate Member and Fundraiser Member must maintain a Current Monthly membership to the

Sports Talk 1 Subscription based website. At the begining of each month the Affiliate or fundraiser

member must renew their own membership to the Sports Talk 1 subscription based website in order

to be eligible to receive referral commissions.

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 Fundraiser 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 or Fundraiser 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 referral

fees.

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 or Fundraiser Members will be paid their

Commission as a Referral Fee.

B. All Affiliate and Fundraiser Program members MUST have a PayPal account. If a Affiliate or fundraiser

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

PayPal.

D. All payments by Sports Talk 1 to Affiliate Program members for Referral Fees will be made only through

PayPal.

E. When an Affiliate or Fundraiser Program Member refers a new members to Sports Talk 1 and the new

member 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 (approximatelty 66%). 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 almost immediately and issued at the time that

Sports Talk 1 receives the payment from a new subcriping member.

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 almost immediately. * Please allow 48 hours due to high traffic periods. Also through PayPal

payments some 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 then the

commission referral payment will then be made to the Affiliate Member.

9. Residual Referral Commissions.

A. Monthly payments to Sports Talk 1 ARE NOT automatically renewable. A subscriber will need to renew their membership at the beginning of each month.

It will be the sole responsibility of the Affiliate Member and Fundraiser Program 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 or Fundraiser Program can again receive a new commission referral fee of $10.

10. Commission Determination

1. Sports Talk 1 will pay referral commissions to Affiliate and Fundraiser Program 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 or

Fundraiser program member remains active themselves as a 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 Affiliate member.

4. Affiliate shall always maintain the quality of its services and representations of Sports Talk 1 at a level

satisfactory to Sports Talk 1. Sports Talk 1 shall have the right to review Affiliate’s activities related to

this Agreement.

5. Affiliate shall immediately cease using Sports Talk 1’s name, logos, trademarks, service marks, trade

dress, proprietary technology and any Creative upon the termination or expiration of their participation as

an Affiliate or Fundraiser 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.

12. Taxes.

Affiliate Member shall be solely responsible 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's revenue or income under this Agreement.

13. Modification of Affiliate or Fundraiser Program

Sports Talk 1 reserves the right at anytime and from time to time to modify, discontinue, temporarily or permanently, the Affiliate Program or Fundraiser Program,or any part thereof of the Terms and Conditions and at its sole discretion. Affiliate member or Fundraiser Member agrees that Sports Talk 1 shall not be liable to Affiliate or Fundraiser Program or to any third party for any modification, suspension or discontinuance of the Program. In the event that Affiliate does not agree with any such modification, Affiliate Member or Fundraiser Program shall terminate its participation in the Program, which shall be Affiliate's or Fundraiser Program's sole and exclusive remedy.

It is the responsibility of the Affiliate or Fundraiser Program 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 Programfollowing our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

14. Indemnification

Affiliate and Fundraiser Program 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 Fundraiser Program or any third party for any direct, indirect, special, exemplary, consequential or incidental damages..

15. Transferability

This Agreement may not be assigned or transferred by Affiliate member or Fundraiser program. Any

attempted transfer or assignment in violation of this Agreement shall be null and void and without effect.

16. Member Termination

1. Unless terminated earlier as provided herein, this Agreement shall remain in full force unless otherwise

terminated by Sports Talk 1

2. Effect of Termination. In the event that this Agreement is terminated for any reason, Affiliate member or

Fundraiser Program will only be eligible for Commission Referral Fees earned as a result of 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 and Fundraiser Program

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 or

Fundraiser 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 Affiliate member or Fundraiser Program may cancel Membership at any time by notifying Sports Talk

1 at sportstalk1@kc.rr.com If a member decides to cancel their membership and later wish to re-enroll,

the member will be assigned a NEW account number, and will not receive credit for Referrals made using

their previous account.

In addition, Sports Talk 1 shall be entitled to terminate this Agreement immediately if Affiliate member or

Fundraiser Program 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 (e.g.

interruptions caused by problems in online/Internet technology) that adversely affect compliance with this

Agreement, or the orders/referrals were obtained fraudulently or through misrepresentation, in which case

Sports Talk 1 reserves the right to withhold payment of commissions pending an investigation of the

suspected fraud or misrepresentation.

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;

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

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 sportstalk1@kc.rr.com. 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.

20. Disclaimers

Sports Talk 1 makes no express or implied warranties or representations with respect to the Program or Sports Talk 1. 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 Program, you will be able to participate in the Program subject to the terms and conditions of this Agreement. You should also note that if you are accepted to participate in the 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

The 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 or Fundraiser Program's Website used to promote Sports Talk 1.

Affiliate represents that: (a) the contents of the Affiliate Member’s website do not (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) contain defamatory or libelous material; (iv) contain lewd, pornographic or obscene material; (v) violate any laws regarding unfair competition, antidiscrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines; and (b) that Affiliate has and complies with a privacy policy consistent with federal and state laws and regulations, which is prominently displayed on its website.

I have read and agree to the above terms and conditions.

By clicking "I AGREE and Apply for Membership to the Affiliate or Fundraiser Program", I acknowledge that I have read and that "I AGREE" to the Sports Talk 1 Affiliate and Fundraiser Program Terms and Conditions Agreement.

Before signing up for the Affiliate or Fundraiser Program you MUST have a PayPal account. To set up a PayPal account if you do not already have one, click on the PayPal link below.