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MYFANTASYBALL AFFILIATE AGREEMENT & TERMS
MyFantasyBall Affiliate Agreement


This Affiliate Agreement (this "Agreement") contains the complete terms and conditions between MyFantasyBall and the individual or organization (the "Affiliate") participating in MyFantasyBall's Affiliate Program (the "Program").

Execution by you of this Agreement as set forth below constitutes your acceptance of the terms and conditions of this Agreement, and will be a legally binding agreement between both parties.


1. Enrollment in the MyFantasyBall Affiliate Program
To begin the enrollment process, you must submit a properly completed online application on MyFantasyBall.com.  MyFantasyBall will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. MyFantasyBall may reject your application if MyFantasyBall determines, in accordance with our sole discretion, that your website, MySpace profile, Friendster Profile, Linkedin profile, or any other Internet web-based site or Internet web page (hereinafter “ your site”) whereby you are promoting MyFantasyBall or the MyFantasyBall Affiliate Program, is unsuitable for the Program, for any reason, including, but not limited to;  inclusion of content on your site that MyFantasyBall deems is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable, which by way of example only, contains (i) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) graphic violence, (iv) politically sensitive or controversial issues or (v) any unlawful behavior or conduct.

In this regard, you understand that MyFantasyBall reserves the right to conclude that your site is unsuitable, completely at our discretion, in accordance with our standards.  Further, MyFantasyBall may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded, and even if our opinion or suspicion is proven not to be well-founded or if others' sites have been accepted despite having the same or similar characteristics as your site. You also understand that if MyFantasyBall accepts your application, such acceptance shall not imply that your site complies with our standards.  MyFantasyBall reserves the right to terminate this agreement, at its own discretion, due to the presence of any content which MyFantasyBall determines to be objectionable.  If MyFantasyBall rejects your application, you are welcomed to reapply to the Program at any time.

MyFantasyBall accepts applications from the USA and Canada. Other countries will be evaluated and examined on a case-by-case basis.

2. Promotion of Our Affiliate Relationship
In the event of your acceptance to the Affiliate Program, MyFantasyBall will make available to you banner advertisements, text links, and other links as determined by MyFantasyBall which shall all link to program sites (collectively referred to hereinafter as a "Link"), which you may display on your web site, provided you abide by the terms and conditions of this Agreement. In using the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. All Affiliate web sites shall display the Links prominently throughout such sites. If during the term of this Agreement you wish to place the Links on web sites other than the web sites which you have previously reported to MyFantasyBall and which MyFantasyBall have approved ("Alternative Sites"), you shall be obligated to request and receive MyFantasyBall's permission for the placement of the Links on Alternative Sites. You may not modify a Link, unless you have received prior written consent from MyFantasyBall to do so. MyFantasyBall reserves the right, in its sole discretion, to monitor your site at any time, and from time to time to determine if you are in compliance with the terms of this Agreement. In the event that MyFantasyBall determines that your use of any Link is not in compliance with the terms of this Agreement, MyFantasyBall shall be entitled to take such measures as to render inoperative the Links used by you. Further, the use of the Links is the only method by which you may advertise our site(s). You may not advertise our site(s) in any other way, including, without limitation, the use of spam e-mails.  In the event that you desire to offer certain incentives to potential subscribers, you are required to receive our prior written approval for such incentives prior to your commencement of such activity.  Further, in the event that you do not receive such approval and offer such incentives, you shall not be permitted to receive any commissions generated on account of subscribers who have become such in connection with the unapproved incentives.

3. Email Spam Policies
As a MyFantasyBall Affiliate, you agree to comply with the requirements of the CAN-SPAM Act of 2003 (the "Act") in its directives regarding the distribution of email that contains messaging concerning MyFantasyBall. More specifically, email that meets this criteria:

  • May only be sent to recipients who have expressly agreed directly with Affiliate, in advance, to receive such communications from the Affiliate.
  • Must clearly and conspicuously identify that the message is an advertisement or solicitation, unless recipient has given prior affirmative consent to receipt of the message. Affirmative consent means that the recipient expressly consented to receive the message either in response to a clear and conspicuous request for such consent or at the recipient's own initiative.
  • Must clearly and conspicuously notify the recipient of the opportunity to decline to receive further commercial email from the Affiliate.
  • Must provide a valid physical postal address of Affiliate.
  • Must provide a functioning return email address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the commercial email, a reply email or other Internet-based mechanism a request not to receive future commercial email from Affiliate. The return address or Internet-based mechanism must be capable of receiving such messages for at least thirty (30) days after the transmission of the original message. Affiliate may not send subsequent commercial emails more than ten (10) business days after the recipient's request not to receive further emails has been received (unless there is a subsequent affirmative consent by the recipient to receive such emails.) Once Affiliate receives such a request, Affiliate may not sell, lease, exchange or otherwise transfer or release the email address of the recipient.
  • May not contain materially false or materially misleading header information, or deceptive subject heading.
  • May not contain sexually oriented material.
In addition, before distribution of email that contains messaging regarding MyFantasyBall, Affiliate agrees (1) to send the email addresses of all intended recipients of such email to MyFantasyBall, or a third-party designated by MyFantasyBall, so that MyFantasyBall may identify those individuals who have notified MyFantasyBall that they do not want to receive emails from or about MyFantasyBall, and (2) to suppress the email addresses of those individuals, as identified by MyFantasyBall.

Affiliates may not initiate or assist in the transmission of commercial email using an email address: (1) that was collected through automated means, from a third party web site in violation of that third party's posted privacy policy, or (2) that was generated through automated means by combining names, letters or numbers into numerous permutations. Affiliates may not conduct fraudulent activities related to electronic mail, including but not limited to the material falsification of header or transmission information, the unauthorized use of someone else's computer to send bulk commercial email, and the registration of an email account that materially falsifies the identity of the actual registrant.

Upon MyFantasyBall’s request, the Affiliate shall provide MyFantasyBall with documentation demonstrating that the recipients consented to receive the email at issue.

In addition, in the event of a breach of this Email/Spam Agreement by the Affiliate and/or a third party or licensee, in addition to all other remedies available to it, MyFantasyBall  shall have the right to refuse to make payments to Affiliate and remove the affiliate from the program as a result of Affiliate's efforts promoting MyFantasyBall, when such efforts cannot be proven by the Affiliate as having complied with the terms and conditions of this Email/Spam Agreement.

Affiliate agrees to indemnify, defend, and hold MyFantasyBall harmless from any cost, expense or liability arising out of any breach or alleged breach of your obligations under this Email/Spam Agreement.

4. MyFantasyBall Responsibilities Under this Agreement
MyFantasyBall will be responsible for providing all information necessary to allow you to make appropriate Links from your site to MyFantasyBall.com. MyFantasyBall will track each Subscriber coming to MyFantasyBall.com by way of your link or Affiliate code.  A "Subscriber" is defined as a new customer paying for MyFantasyBall services without a prior account with MyFantasyBall who accesses our site through the Links placed on your site and subscribes. Neither you nor your relatives are eligible to become Subscribers and should you or they do so you will not be eligible to receive the relevant commission. For this purpose, the term "relative" shall mean any of the following: spouse, partner, parent, child or sibling.

5. Referral Fees
MyFantasyBall will pay you referral fees only on US and Canadian sign ups. Your entitlement to a referral fee will accrue only if the customer (I) accesses our sites through the use of an authorized Link on your site or enters your Affiliate Code on MyFantasyBall.com; and (II) before exiting our sites subscribes using our Registration methods.  MyFantasyBall will not holdover or pay referral fees on any services that a customer purchases after the customer has reentered the site (other than through an authorized Link from your site or an additional entry of your Affiliate code on MyFantasyBall.com), even if the customer previously followed a Link from Your site to MyFantasyBall.com.

6. Commissions
MyFantasyBall will pay each Affiliate in accordance with the following fee schedule:
  • If between 1 and 50 sales of MyFantasyBall paid subscriptions originate from your efforts by disclosing an Affiliate I.D. to the purchaser, or by providing a link on your site, which the purchaser uses in order to purchase a MyFantasyBall subscription, you, the Affiliate will be awarded 20% of all revenues from such designated sales.
  • If between 51 and 100 sales of MyFantasyBall paid subscriptions originate from your efforts by disclosing an Affiliate I.D. to the purchaser, or by providing a link on your site, which the purchaser uses in order to purchase a MyFantasyBall subscription, you, the Affiliate will be awarded 25% of all revenues from such designated sales.
  • If over 100 sales of MyFantasyBall paid subscriptions originate from your efforts by disclosing an Affiliate I.D. to the purchaser, or by providing a link on your site, which the purchaser uses in order to purchase a MyFantasyBall subscription, you, the Affiliate will be awarded 35% of all revenues from such designated sales.
For these purposes, the term "subscriptions" shall mean the sum total of the price of a subscription taking any discounts into effect or any uncollectible revenue attributable to a subscriber.

Commissions shall be paid to you within an amount of time not to exceed 90 days, unless frequency specified otherwise. MyFantasyBall Affiliates may request payment via check for amounts totaling in excess of $100, but reserves the right to pay affiliates through PayPal.  In the event that the commission to be paid to you in any calendar month is less than $50 (the "Minimum Amount"), MyFantasyBall shall not be obligated to make the payment until such time as the commission is equal to or greater than $50.

MyFantasyBall grants to you a non-exclusive, non-transferable, revocable right (I) to access our sites through the Links solely in accordance with the terms of this agreement and (ii) solely in connection with such Links, to use our logos, trade names, trademarks and similar identifying material relating to us (collectively, the "Licensed Materials"), for the sole purpose of establishing a Link to our sites so users of Your site can subscribe to MyFantasyBall or any of the entities operated by MyFantasyBall. You may not alter, modify or change the Licensed Materials in any way.

Other than establishing a Link from Your site to our sites, you shall not make any use of any Licensed Materials without first obtaining our prior written consent. You shall not use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light. MyFantasyBall reserves all of its rights in the Licensed Materials and of our other proprietary rights. MyFantasyBall, in its sole discretion, may revoke your license at any time, by giving you either written or electronic notice.

7. Publicity
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our prior written consent, which MyFantasyBall agrees shall not be unreasonably withheld.

8. Obligations Regarding Your Site
You will be solely responsible for the technical operation of your site and the accuracy and appropriateness of materials posted on your site. You agree that your site will not, in any way, copy or resemble the look and feel of the MyFantasyBall site, nor will you create the impression that your web site is neither the MyFantasyBall site, nor any part of our site. You also agree that your site will not contain any content of MyFantasyBall.com or any materials which are proprietary to MyFantasyBall, except (i) with our prior permission, or (ii) materials obtained by you via the Affiliate Program information site in accordance with the provisions hereof or the policies or instructions therein.  You will indemnify and hold MyFantasyBall harmless from all claims, damages, and expenses (including, without limitation, attorney's fees and expert witness fees) relating to the development, operation, maintenance, and contents of your site or any materials, products or services linked to therein. You hereby acknowledge that your conduct as an Affiliate shall reflect on MyFantasyBall and has the potential to cause substantial damage to MyFantasyBall's reputation and goodwill and that you shall at all times consider the goodwill and reputation of MyFantasyBall and MyFantasyBall's name.

You are solely responsible for ensuring that the content of your site and your products and services that you offer from your site comply with all applicable copyright and other laws. You must have express permission to use another party's copyrighted or other proprietary material. MyFantasyBall will not be responsible if you use another party's copyrighted or other proprietary material on your site in violation of the law or any agreement, and your indemnity, below, will protect us if you do so.

9. Term of this Agreement and Termination
The term of this Agreement will begin when you complete the sign-up procedure and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. TERMINATION IS AT WILL, WITH OR WITHOUT REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.

10. Consequences
Upon termination you must remove all of our banners/icons from your site(s) and disable all links from your site(s) to ours. All rights and licenses given to you in this Agreement shall immediately terminate. You will return to us any confidential information and all copies of it in your possession, custody, and control, and will cease all uses of our Marks.

11. Commissions
Under the commissions scheme, you will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.

If MyFantasyBall continues to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.

MyFantasyBall may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

12. Modification
MyFantasyBall may modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion. You will be notified via a change notice which will be posted in the “Legal Notices” section on the MyFantasyBall website. Modifications may include, but are not limited to, 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; should you so terminate, the changes MyFantasyBall has announced shall, nevertheless, become effective unless MyFantasyBall agrees, in writing, to the contrary. 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.

13. Relationship of Parties
You and MyFantasyBall and any of the entities it represents are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and MyFantasyBall. 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 Article.

14. Representations and Warranties
Except as otherwise stated in this Article 16, MyFantasyBall make no express or implied warranties or representations with respect to the Program or any MyFantasyBall Services sold through the Program (including, without limitation, warranties of fitness, merchantability or non-infringement, or any implied warranties arising out of course of performance, dealing or trade usage). In addition, MyFantasyBall makes no representation that the operation of our site will be uninterrupted or error free, and MyFantasyBall will not be liable for the consequences of any interruptions or errors.

Each of us (the "Warrantor") hereby represents and warrants to the other party as follows:

a. This Agreement has been duly and validly executed and delivered by the Warrantor and constitutes its legal, valid, and binding obligation, enforceable against the Warrantor in accordance with its terms.

b. The execution, delivery, and performance by the Warrantor of this Agreement and the consummation of the transactions contemplated hereby will not, with or without giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule or regulation to which the Warrantor is subject, (ii) any order, judgment or decree applicable to or binding upon the Warrantor's assets, (iii) any provision of the Warrantor's by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to or binding upon the Warrantor's assets.

c. No consent, approval, authorization of, exemption by or filing with any governmental authority or any third party is required to be obtained or made by the Warrantor in connection with the execution, delivery and performance of this Agreement or the taking by the Warrantor of any other action contemplated hereby.

15. Confidentiality
During the term of this Agreement, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate Program (including, for example, Referral Commissions earned by you under the Affiliate Program). You agree to avoid disclosure or unauthorized use of any such confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this Agreement.

16. Limitation of Liability.
MyFantasyBall 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 Affiliate Program, even if MyFantasyBall has been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

17. Indemnification
You hereby agree to indemnify and hold harmless MyFantasyBall, the entities it represents and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses (including reasonable attorneys' fees), and costs (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, (iii) the development, operation, maintenance and content of your site and products and services offered from your site, or (iv) any claim related to your site, including, without limitation, content therein not attributable to us.

18. Notification
All notices to us in connection with this Agreement shall be deemed given as of the day they are received either by messenger, delivery service or in the Chicago mails, postage prepaid, certified or registered, return receipt requested, and addressed as follows:

MyFantasyBall LLC
Attn: MyFantasyBall Affiliate Program
205 West Randolph Street
Suite 1830
Chicago, IL 60606

All notices to you in connection with this Agreement shall be deemed given as of the day they are dispatched either by messenger, delivery service or in the Chicago mails, postage prepaid, certified or registered, return receipt requested.

19. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT MYFANTASYBALL 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 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.

20. Construction
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. 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 a provision or any other provision of this Agreement.

21. Governing Law
This Agreement will be governed by the laws of the State of Tennessee, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Williamson County, Tennessee, United States.  You, hereby, irrevocably consent to the personal and subject matter jurisdiction of such courts. 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.

22. Entire Agreement
This Agreement constitutes the entire agreement between you and MyFantasyBall with respect to the subject matter hereof and supersedes all prior and contemporaneous communications.  Therefore, no prior oral or written communications, assurances, or statements govern any aspect of any subject matter discussed within this Agreement.

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