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This Agreement (“Agreement”) contains the complete terms and conditions concerning Turnkey Apparel, LLC, D/B/A: Bowlifi and The Bowlifi Staff Program, the purpose of which is the establishment of an independent representative agreement with you to promote Bowlifi during your bowling activities, establish of a link (hereinafter, “The Link”) from, but not limited to; your website, social media accounts, bowling events or tournaments in which you are associated or participate, to our website or to be provided to your customer, fans, associates, etc. to directly access our website, BOWLIFI.COM. This is a legally binding agreement. By completing and submitting the online application, you acknowledge that you have read, understand and agree to be bound by this operating agreement.
Enrollment:-Submit a complete application via Website. Your application will be evaluated in good faith and we will notify you of its acceptance or rejection and the Staff Level to which you have been assigned. Your application may be rejected if we determine (in our sole discretion) that your site, social media posts, or behavior at bowling events are unsuitable for Bowlifi Staff Program. Unsuitable include, but are not limited to, those that promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; include “BOWLIFI,” any other trademark of Turnkey Apparel, LLC. or its affiliates, or variations or misspellings of any of them, in their domain name or other HTML tags, including page titles, meta-tags, or HTML comment tags, or in any paid search programs. By participating in The Bowlifi Staff Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to Bowlifi Staff Program at any time. If subsequent to the acceptance of your application, your site, social media account posts, or behavior is determined (in our sole discretion) to be unsuitable The Bowlifi Staff Program, we may immediately terminate this Agreement at any time without notice. Only those parties that lawfully can enter into and form contracts under applicable law can participate in The Bowlifi Staff Program.
The Link :- As a Bowlifi Staff member, we will make available to you a variety of graphic and textual links, which, subject to the terms and conditions of this Agreement, you may display on your Web site, social media accounts, posts, etc. The Link will serve to identify your as a member of our Staff and will establish a link to our site. The Link may also be entered directly into a browser to link to our site. In return for us providing you with The Link, you agree to cooperate fully with us in order to establish and maintain The Link. You also agree that you will display in your site, social media accounts, etc. only those graphic or textual images that are provided by us, and you will immediately substitute such images with any new images that are provided by us from time to time throughout the term of this Agreement. Except for the limited license granted under this section, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to The Link, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to Bowlifi domain name. You also acknowledge that we (and our agents) may crawl or otherwise monitor your site, social media accounts, etc. for the purpose of ensuring the quality and reliability of links on your site (for example, to detect links that are broken or non-functional, links to products that are out of stock or otherwise unavailable, etc…) Therefore, you agree that we and our agents may take such actions and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we and our corporate affiliates, consultants and agents may use technical means to overcome any methods used on your site to block or interfere with such crawling or monitoring). By participating in The Bowlifi Staff Program, you consent to us sending you occasional email updates regarding the program. You will not, in connection with this Agreement, display or reference on your site, any trademark or logo of any third party seller appearing on Bowlifi Website unless you have an independent license for the display of such trademark or logo; use any data, images, text, or other information obtained by you from us or The Bowlifi Website in connection with this Agreement only in a lawful manner and only in accordance with the terms of this Agreement. We grant you a limited, nonexclusive, non-transferable, revocable right to use the graphic image and text solely for the purpose of you participating in The Bowlifi Staff Program. You may not modify the graphic image or text in any way. All of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. Should we decide to revoke your license, we will give you notice. You acknowledge Bowlifi’s ownership in its licensed materials, agree that you will not do anything inconsistent with Bowlifi’s ownership and that all of your use of the licensed materials will inure to the benefit of and on behalf of Bowlifi.com, and, if requested, agree to assist Bowlifi in recording this Agreement with appropriate government authorities. You agree that nothing is this Agreement gives you any right, title or interest in the licensed materials other than the right to use the licensed materials in accordance with this Agreement. You also agree that you will not attack the title of Bowlifi to the licensed materials or the validity of the Licensed Materials or this Agreement.
Staff member has agreed to wear Bowlifi branded apparel exclusively, with Bowlifi logos at least 3 inches in diameter on front and back of the jersey during the time Staff member bowls in Pro-Ams, tournaments, leagues, practice sessions, and all other bowling related events during the term of this contract, except when expressly prohibited by tournament rules. Staff member must notify Bowlifi of any event in which the member is participating that Bowlifi gear is prohibited prior to the start or the event.
Staff member shall, under no circumstances, endorse, promote or advertise, in any way, any other apparel company without the written consent of Bowlifi.
Where applicable, the Staff member understands they are required to promote Bowlifi apparel on their website, social media (Facebook, Twitter, Instagram, etc.), pro shop and retail outlet.
Staff member grants Bowlifi the use of the Staff Member’s name or other reference to Staff Member as well as the use of the likeness of Staff Member and biographical material relating to Staff Member during the term of this Agreement.
Staff Member agrees to make themself available to work with Bowlifi management and/or sales representatives, to make personal appearances during the term of this contract. f. Staff member is required to complete and provide Bowlifi an IRS I-9 form if total compensation exceeds $600 in one calendar year.
Order Processing:- Only items that were purchased by customers who use The Link from your site or The Link provided to them by you to Bowlifi Website are considered “direct sales.” Direct sales placed through The Link on your site are reduced by items that are not shipped, cancelled by customers, returned, charged back or refunded at a later date. We reserve the right to exclude items ordered by you (using The Link which would otherwise qualify for direct sales) and to not pay commissions for them, if we deem it necessary, in our sole discretion, to prevent abuse of The Bowlifi Staff Program, or to reject orders that do not comply with any requirements that we periodically may establish. Bowlifi will be responsible for processing orders and will handle all customer service issues. We will track sales by customers who purchase products by using The Link from your site or provided to you to Bowlifi Website. A statement of activity is available to you on Bowlifi.com.
Direct Sales Performance Commission are based upon Staff Level.
Performance Compensation are based upon Staff Level.
Lead Generation Commissions are based upon Staff Level.
Commission payments are made upon request in the Staff section of Bowlifi.com. Payments are transferred from Bowlifi to the Staff Member via PayPal to the member’s PayPal account. These payments are made to those members who have reached a $50 commission balance. If your participation in The Bowlifi Pro Ship Program terminates and your commissions are less than fifty dollars ($50.00), such commissions shall be forfeited.
Purchase Discounts are based upon Staff Level:- As a Staff member, you are able to purchase product directly from Bowlifi at a discount. Discounts must be made and will only apply when using the login ID established for Staff Program. These discounted purchases are not considered direct sales and no commission will be earned.
Compliance with Laws:- As a condition to your participation in The Bowlifi Staff Program, you agree that while you are a Bowlifi Staff Program member you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Bowlifi Staff member. Without limiting the foregoing obligation, you agree that as a condition of your participation in The Bowlifi Staff Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email.
Term of Agreement:- The term of this Agreement will begin upon our approval of your Bowlifi Staff Program application and will end when terminated by either party. You or we may terminate this Agreement at any time, after the first year, by giving the other party written notice of termination. Bowlifi may terminate this agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, social media accounts, pro shops, etc., all links to The Bowlifi Website, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with The Bowlifi Staff Program. You are eligible to earn commissions only on sales of qualifying products that occur during the term, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
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 The Bowlifi Website. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures, purchase discounts and The Bowlifi Staff Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in The Bowlifi Staff Program following our posting of a change notice or new agreement on The Bowlifi Website will constitute binding acceptance of the change.
Nature of Our Relationship:- You and Bowlifi 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 behalf of Bowlifi. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitation on Liability:- Bowlifi will not be liable for indirect, special, punitive or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or The Bowlifi Staff 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 Bowlifi Staff Program will not exceed the total commissions paid or payable to you under this Agreement within the prior twelve (12) months.
Warranties:- WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE BOWLIFI STAFF PROGRAM OR ANY PRODUCTS SOLD THROUGH THE BOWLIFI STAFF PROGRAM, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-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 THE BOWLIFI WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
The Laws Governing this Agreement:- This Agreement will be governed by the laws of the United States and the State of Tennessee, 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.
Spyware and Other Parasites:- Any STAFF program member suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of MERCHANT and/or its partner sites) is subject to punitive actions by MERCHANT, without notice, including but not limited to: suspension of pro shop program member account; termination of pro shop program member account; withholding of payments to pro shop program member; and public notification of pro shop program member's suspected malfeasance. MERCHANT encourages pro shop program members to report suspicions of such relationships; and, should substantial proof, as judged by MERCHANT, be provided, MERCHANT reserves the right to assign a value equal to unpaid monies earned by the offending pro shop program member (or a part thereof) to the reporting pro shop program member as a bounty.
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 ADMIT OTHERS INTO THE BOWLIFI PRO SHOP PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. 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.