1. eAthlete Labs Sponsorship Agreement

This agreement describes the terms and conditions for participation in the eAthlete Labs Sponsorship Program. In this agreement, the term “sponsor” refers to you (the applicant). In this agreement, eAthlete Labs refers to the product owner and publisher, eAthlete Labs Inc.).

2. Modification

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Sponsorship Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.

3. Enrollment

To enroll in the Sponsorship Program, you must submit an sponsor application and be approved. Applications are not processed on a predictable routine, so applicants will be notified of their acceptance status as soon as possible after their information is reviewed.

4. Sponsor Code

You will be issued a special code once you become an approved member of the eAthlete Labs Sponsorship Program which will be unique to you and you only, and will allow you to be paid for sponsor referrals.

5. Commissions

sponsors will receive 15% of the revenue as a commission from orders placed with the designated coupon code. Sponsors given a trackable link can receive up to 30% of the revenue as a commission. Commissions may change at the discretion of the product publisher. Any sort of sponsorship bonus compensations are not guaranteed and will be given to the sponsor at the discretion of eAthlete Labs.

For a sale to generate a commission to an sponsor, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an sponsor commission being generated. Commissions will only be paid on sales that are made when the customer uses the qualified, correctly structured sponsor code. Properly use of the code are the sole responsibility of the sponsor.

6. Payment

eAthlete Labs pays sponsors via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the sponsor to notify the eAthlete Labs to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses.

7. Order Fulfillment

eAthlete Labs will be solely responsible for processing every order placed by a customer with the sponsor code. sponsors are not authorized to collect payments or sell any eAthlete Labs products from other websites as a “reseller” and no “resale” rights are granted in ANY way. sponsors are not authorized to sell any of these products on ebay or other auction sites. sponsors are not authorized to give away copies of any of these products. eAthlete Labs will also be solely responsible for all customer service inquires. All sponsors understand and acknowledge that no physical products will be shipped.

Customers who purchase products and services through the eAthlete Labs Sponsorship Program will be deemed to be customers of eAthlete Labs. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. eAthlete Labs policies will always determine the price paid by the customer.

8. Qualifying Sites

eAthlete Labs reserves the right to refuse any site entry into the eAthlete Labs Sponsorship Program based on site content. Sites that do not qualify for the Sponsorship Program include sites which:

• Promote sexually explicit materials
• Promote violence
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promote illegal activities
• List coupon codes or discounts that were NOT officially provided to them by eAthlete Labs. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your sponsor account and withholding of sponsor payments for violating our sponsor agreement.
• Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of eAthlete Labs or any other site..

9. Permitted Usage

The following are permitted uses of the eAthlete Labs brand and marketing resources

• sponsors are permitted to use the graphical banners and design resources accessible in the sponsor dashboard. If a specific size banner ad is not available, the sponsor may contact the Sponsorship Program manager at [email protected] and request a new banner graphic be added to the available resources.

10. Prohibited Usage

The following cases prohibited and are grounds for immediate termination of the sponsor account.

• sponsors MAY NOT use the term “eAthlete Labs” in ANY variation in their site URL ex. (eathletelabs.net, eathletelabs.com, eathletelabs.com, wpeathletelabs.com, eathletelabs.plugins.com, etc).
• sponsors MAY NOT promote coupons that were not provided to them personally by eAthlete Labs. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your sponsor account and withholding of sponsor payments for violating our sponsor agreement.
• sponsors MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.

11. eAthlete Labs Anti-Spam Policy

eAthlete Labs strictly prohibits sponsors from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:

• Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
• Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an sponsor has spammed, the sponsor account may be permanently terminated after investigation.
• Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
• Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
• Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.

eAthlete Labs, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

• Account Termination: Upon the receipt of a credible complaint, the eAthlete Labs Sponsorship Program manager may investigate the complaint, and if necessary, will then terminate the sponsor account of the individual implicated in the abuse. Termination results in the immediate closure of the member and sponsor account, the loss of all referrals, and the forfeiture of any unpaid money on account. At eAthlete Labs discretion, termination may not only result in being banned from the Sponsorship Program, but also being banned from ANY other internal Sponsorship Programs.

If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at [email protected].

12. Relationship of Parties

sponsors are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. sponsors have no authority to make or accept any offers or representations on our behalf. sponsors will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

13. Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party. Either eAthlete Labs or the sponsor may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from sponsor’s Web Site, all links to the eAthlete Labs websites, and all eAthlete Labs trademarks and logos, other eAthlete Labs marks and all other materials provided in connection with this program.

14. Limitation of Liability

eAthlete Labs will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures 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 commissions paid or payable to the sponsor under to this Agreement.

15. Disclaimers

We make no express or implied warranties or representations with respect to the Sponsorship Program or an sponsor’s potential to earn income from the Sponsorship Program. In addition, we make no representation that the operation of the websites or the sponsor code will be uninterrupted or error-free, and eAthlete Labs will not be liable for the consequences of any interruptions or errors.

16. Miscellaneous

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.

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

By signing up with the eAthlete Labs Sponsorship Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.