Pickleball is a "social" sport. This generally means that pickleball is as much about interacting and socializing with people as it is about physical activity and competition. This "social" culture...
PICKLER MARKETING TERMS AND CONDITIONS
Last updated: October 4, 2019
© The Pickler, LLC. All Rights Reserved.
Welcome to Pickler®! These Pickler Marketing Terms and Conditions (these “Terms”) are entered into by you (“you” or “your”), and The Pickler, LLC d/b/a Pickler (“Pickler”). These Terms govern your participation in Pickler’s marketing program (the “Program”). If you do not agree to be bound by these Terms, then you may not participate in the Program.
- Purpose. These Terms establish Pickler as a marketing affiliate of yours with the non-exclusive right to connect with your customers, users and partners (collectively, the “Users”) to, or otherwise market, you in order for such Users to consummate transactions with you, in exchange for which, Pickler shall receive a portion of the proceeds from such transactions or such other consideration agreed upon by you and Pickler in writing (email acceptable).
- Marketing. Pickler may share the discount code, credit code, link, banner, text, search box, buttons, graphics and other content or devices provided by you to Pickler (collectively, the “Link”), from time to time, as determined by Pickler, in Pickler’s sole discretion, with Users. You represent and warrant that you will use reasonable efforts to establish and maintain the Link and Your Products (as defined below) during the term of these Terms.
- Fee Payment. You will pay Pickler the applicable referral fees agreed upon between you and Pickler in writing (email acceptable), via check or other mutually acceptable means within 10 days following the end of each month in which the applicable transaction occurred. Any payments required to be made by you to Pickler that are late shall accrue interest from the date the payment was due in accordance with this Section 3, in an amount equal to the lesser of (a) 18% per annum; or (b) the maximum rate of interest permitted by applicable law (“Interest”). Pickler reserves the right to audit and re-assess User transactions, from time to time, and at any time. You acknowledge that should an audit indicate that payment has not been made to Pickler for more than 5% of transactions, then you will, immediately, upon receipt of written notice from Pickler, on demand: (x) pay to Pickler all applicable referral fees for transactions that have not been paid to Pickler; (y) pay Pickler Interest on such applicable referral fees for transactions that have not been paid to Pickler; and (z) pay to Pickler an amount equal to all of Pickler’s actual costs and expenses incurred in connection with the audit, including related investigation, collection and legal fees and costs, whether or not Pickler is required to commence formal legal action under these Terms. The rights provided in this Section 3 will be in addition to any other rights or remedies that may be available to Pickler.
- Transaction Processing. You will process transactions placed by Users who use the Link. You are responsible for all aspects of transactions processing and fulfillment. Among other things, you will prepare order forms, process payments, cancellations, and handle customer service. You will track transactions made with Users who consummate transactions using the Link. You are solely responsible for the development, operation, and maintenance of your Programs, websites, services, products, applications and all other mediums and interactions with Users (collectively, the “Service”), the Link, your intellectual property rights, other products and services and all content therein (collectively, with the Service, the Link, your intellectual property rights, and other products and services, “Your Products”). Such responsibility includes (a) the technical operation of Your Products; (b) the accuracy, timeliness and appropriateness of content posted on Your Products; (c) ensuring that the posted materials, the materials provided to Pickler and otherwise on or in connection with Your Products do not violate or infringe upon the rights of any third party; and (d) ensuring that the posted content, materials provided to Pickler and otherwise on or in connection with Your Products are not libelous, in violation of any applicable laws or otherwise illegal. Pickler will have no liability for any matters described in this Section 4 or for any Users’ claims relating to such matters. You will not disparage Pickler or otherwise portray Pickler in a negative light. You shall be solely responsible for any inaccurate information with respect to the availability or price of any product or service, including on or in connection with Your Products. You will provide written notice to Pickler upon any change to your policies, operating procedures, price information or other material information with respect to the availability of Your Products. If a User contacts Pickler regarding you or Your Products, Pickler may, in Pickler’s sole discretion, instruct such User to contact you directly, or take such other action as Pickler deems commercially reasonable.
- License. You hereby grant to Pickler a limited, worldwide, non-exclusive, royalty-free, paid-up right and license to (a) use and display the Link, your name and logo, and any other content (including Your Products) that you may provide to Pickler from time to time for purposes of the Program; and (b) view, access, store, copy, make derivative works from or otherwise use in any manner any and all User and customer information provided to Pickler from time to time. You represent and warrant that you have all necessary rights to grant the rights and licenses set forth in these Terms.
- Relationship of the Parties. The parties are independent contractors, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Neither party will have the authority to make or accept any offers, warranties or representations on the other party’s behalf.
- No Exclusivity. Either party may, at any time (directly or indirectly), undertake obligations or provide services to other parties that are the same or similar to those undertaken or provided pursuant to these Terms.
- Termination. Pickler may, at any time, in its sole discretion and without any notice to you, (a) discontinue the Program, in whole or in part; (b) approve, deny or revoke the right to participate in the Program with respect to any person, including you, for any reason whatsoever; or (c) audit any Program account.
- Interpretation of these Terms. Pickler has the sole discretion to interpret and apply these Terms under and in connection with all circumstances, and all questions or disputes regarding the Program or these Terms will be resolved by Pickler, in its sole discretion.
Pickler® and P™ are trademarks of The Pickler, LLC d/b/a Pickler.
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