References to "HOFr", "we", "us", or "our" in this Agreement are references to HOFr, Inc. and HOFr Payment Services.
The Terms and Conditions contained in this agreement (the “Agreement”) represent the legally binding agreement that governs your participation in the HOFr Affiliate Program (the "Affiliate Program"). By clicking "I Agree to the Terms and Conditions", you are indicating your acceptance of this Agreement and all of its Terms and Conditions. References to "you" and "your" in this Agreement mean you, as the applicant to the Affiliate Program.
The "HOFr Site" means the site that has its primary home page identified by the URL www.hofr.io and the HOFr mobile application available in the App Store and Google Play Store (the “HOFr App”).
"Your Website” or “Your Social Media Accounts" means the accounts that you listed in your Affiliate Program application originally completed on the HOFr Site on which you will promote HOFr and link to the HOFr Site.
The term of this Agreement will begin upon your acceptance of these Terms and Conditions and our acceptance of your application, and shall continue for one (1) year (the “Term”). Either you or we may terminate this Agreement at any time by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from Your Website and/or Your Social Media Accounts 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 Affiliate Program.
We may modify any of the Terms and Conditions contained in this Agreement, at any time and in our sole discretion. If we do so, we will post the changes on the Affiliate Program section of the HOFr website, and will indicate at the top of this page the date the Terms and Conditions were last revised. You are responsible for regularly reviewing this Agreement. In the event we make material changes, we will notify you either through the HOFr Site, in an email notification or through other reasonable means. Your continued participation in the Affiliate Program following our posting of a change notice or new agreement on the HOFr Site page about the Affiliate Program will constitute binding acceptance of the change. If any modification is unacceptable to you, your only recourse is to terminate this Agreement.
To begin the enrollment process, you must submit a complete Affiliate Program application via the HOFr Site and accept these Terms and Conditions. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may accept or reject your application in our sole discretion, including if we determine that Your Website and/or Your Social Media Accounts are unsuitable for the Affiliate Program. Unsuitable Website and/or Social Media Accounts include but are not limited to those that:
By participating in the Affiliate Program you agree that you will not engage in any of the activities listed above, or any other illegal activities. If we reject your application, you are welcome to reapply to the Affiliate Program at any time. You should also note that if we accept your application and Your Website and/or Social Media Accounts are thereafter determined (in our sole discretion) to be unsuitable for the Affiliate Program, we may terminate this Agreement immediately and without any liability to you or any third party.
Pursuant to your participation in the Affiliate Program, you acknowledge and agree that you and we 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 our behalf. You will not make any statement, whether on Your Website and/or Social Media Accounts or otherwise, that reasonably would contradict anything in this section.
If and when you have been notified that you have been accepted into the Affiliate Program, we will provide you with the appropriate official HOFr branded assets that you may use in Your Website and/or Your Social Media Accounts.
We will provide you with guidelines and graphical artwork to use in linking to the HOFr Site home page. To permit accurate tracking, reporting, and the accrual of Referral Fees (as defined hereinafter), we will provide you with special link formats (the “Referral Links”) to be used in all your promotions of the HOFr brand in Your Website and/or Your Social Media Accounts. You must ensure that each of your promotions of the HOFr brand properly uses such Referral Links.
You will earn Referral Fees only with respect to activity on the HOFr App occurring directly through the Affiliate Links provided to you by HOFr. HOFr is not liable for any failure by you to use Affiliate Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you under this Agreement.
In addition, you acknowledge and agree that we may monitor Your Website and/or Your Social Media Accounts for the purpose of ensuring the quality and reliability of the Referral Links including but without limitation investigating Referral Links that are broken or non-functional or promote HOFr contests or offers that are no longer available.Furthermore, you acknowledge and agree that you will:
Subject to the compliance with this Agreement, you will earn a one-time Referral Fee of Ten U.S. Dollar ($10.00) for every qualifying Referred User who registers with HOFr during the Term and who attributes the creation of his or her HOFr account to you, as determined by HOFr’s campaign tracking platform. To be eligible to earn the Referral Fee, the Referred User must click-through the Affiliate Link provided to you, must deposit a minimum of ten U.S. Dollars ($10.00) and enter a minimum of one real-money contest on the HOFr app. We will pay Referral Fees only on eligible Referred Users, and then only after reaching a Fee Payment Floor of Fifty U.S. Dollars ($50.00), and provided there has been no subsequent cancellation or chargeback.
In addition, you will be eligible to earn a Referral Fee of 30% based on the Net Revenue* generated from the Referred Users attributed to you in any calendar month during the Term. The maximum Referral Fee you may earn from any individual Referred User is $200 during the Term.
We reserve the right to reject registrations or deposits that do not comply with our applicable rules and policies. We will be responsible for all aspects of customer registration and deposit and payments to you under this Agreement. We will track payments made by those who follow Affiliate Links from Your Website and/or Social Media Accounts and will make available to you reports summarizing such sales activity. The form, content, and frequency of these reports may vary from time to time in our absolute discretion.
Either at the time of enrollment to the Affiliate Program or at the request of HOFr, all sources used for promotion of the HOFr brand and user acquisition efforts must be disclosed in full. This includes weekly updates and calls with our Affiliate Manager. Updates will include any new sources, as well as a count of registrations from each source. If you fail to disclose this information, we may (in our absolute discretion) withhold any Referral Fees otherwise payable to you under this Agreement and/or terminate this Agreement.
We reserve the right to review all Referral Fees for possible fraud on your part or on the part of any Referred Customer in order to abuse the Referral Fee mechanism including but not limited the creation of multiple user accounts (used by you, your friends, relatives or associates), the use of unauthorized incentives, financial or otherwise, the collusion with other HOFr customers, the sharing of any Referral Fees earned by you. If we reasonably consider that Referral Fees have been generated in whole or in part due to fraudulent practices, we shall be entitled to withhold those Referral Fees or offset an appropriate amount from future payments of Referral Fees in our sole discretion.
Referral Fees shall not be due or payable in relation to revenue generated by the Affiliate’s own play.
Referral Fees are payable in U.S. Dollars and will be due no later than thirty (30) days following your receipt of documentation evidencing the number of Referred Users who registered with HOFr during the preceding month and whose account creation is attributable to you.
You may request that payment of amounts over Two Hundred and Fifty U.S. Dollars ($250) be made by check and payment amounts over One Thousand U.S. Dollars ($1,000) be made by wire transfer. Payments of Five Thousand U.S. Dollars ($5,000) or more shall be made by wire transfer or check.
We grant you a non-exclusive, revocable, limited right to use the Content solely for the purpose of identifying you as an Affiliate Program participant. You may not modify the Content in any way without our prior written consent. We reserve all of our rights in the Content, our trade names and trademarks, and all other intellectual property rights owned or controlled by us. We may revoke the foregoing license at any time by giving you written notice.
You are solely responsible for the development, operation, content and maintenance of Your Website and/or Your Social Media Accounts and for all materials that appear on Your Website and/or Your Social Media Accounts.
You are, for example and without limitation, solely responsible for:
We disclaim all liability for the matters listed above and for any matter relating to Your Website and/or Social Media Accounts.
You will indemnify and hold us harmless from and against all claims, damages, liabilities, losses and expenses (including, without limitation, attorneys' fees) resulting from or relating to: (a) the development, operation, maintenance, and/or contents of Your Website and/or Social Media Accounts; and (b) your breach or non-performance of any of your duties or obligations under this Agreement.
You must comply with all applicable laws, regulations, and guidelines, including without limitation the Federal Trade Commission Act (“FTC Act”), the Federal Trade Commission (“FTC”) regulations and guidelines implementing the FTC Act and the CAN-SPAM Act, and other federal and state consumer protection laws, regulations, and guidelines, and any and all laws and regulations applicable to Your Website and/or Social Media Accounts.
You will not by yourself, nor will you allow, assist or encourage others to, market and promote HOFr, directly or indirectly, (i) to persons that are less than 18 years of age or less than the age of majority in their state of residence, or develop or implement marketing and promotion strategies in respect thereof; or (ii) in distribution environments or media that could reasonably be considered to be, in themselves, clearly targeted at under 18 year olds or under the age of majority in their state of residence.
Referred Users who become customers of HOFr through the Affiliate Program will be deemed to be our customers. Accordingly, all of our terms, rules, policies, and operating procedures will apply to those customers. We may change our policies and operating procedures at any time at our sole discretion.
You hereby acknowledge that all information relating to the Referred Users is our exclusive and sole property and that you shall have no rights therein whatsoever. You hereby warrant that any personal data that you process on our behalf pursuant to this Agreement: (a) will always be in accordance with this Agreement or our express instructions; and (b) will be kept secure through appropriate organizational and technical measures implemented by you to prevent the loss of, damage to, or unauthorized access to such personal data.
You expressly agree that your use of the HOFr Site and the HOFr App and your participation in the Affiliate Program is at your own risk. The HOFr Site, and the HOFr App and your participation in the Affiliate Program are available on an "as is" basis, without warranty of any kind, express or implied. Neither HOFr nor any of its information providers, licensors, employees, agents, consultants or contractors, makes any warranty or representation whatsoever regarding the HOFr Site and the HOFr App, the Affiliate Program, any information, services or products provided or available through or in connection with the HOFr Site and the HOFr App or any results obtained through the use thereof.
We hereby disclaim on behalf of ourselves and all our information providers any and all warranties including, without limitation: (1) any warranties as to the availability, accuracy or content of information, products or services; and (2) any warranties of title or warranties of merchantability or fitness for a particular purpose (to the extent permitted by law). Any liability of HOFr, its information providers, licensors, employees, agents, consultants, or contractors, including, without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, failure of delivery of merchandise, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or unlawful use of HOFr's records. To the fullest extent permitted by law, HOFr, its information providers, licensors, employees, agents, consultants or contractors, hereby exclude all liability for any indirect, special, incidental, or consequential damages or for any loss of revenue, profits or data (whether direct or indirect), arising out of the Affiliate Program and/or out of the use or inability to use the HOFr Site, the HOFr App and/or any other HOFr product or service for any breach of warranty, even if we have been advised of the possibility of such damages.
You agree that you will not hold HOFr responsible for the selection or retention of, or any acts, errors, or omissions by, any third party in connection with the HOFr Site, the HOFr App and/or any other HOFr product or service, including, without limitation, those with whom HOFr contracts to operate various portions of the HOFr Site, the HOFr App and/or any other HOFr product and service and those to whom HOFr provides links to for content, promotion or any other type of data or information.
The information provided on the HOFr Site does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on the HOFr Site are for general informational purposes only and may not constitute the most up-to-date legal or other information. Interested parties that wish to apply to the Affiliate Program should seek legal advice with respect to any particular legal matter.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate sites that are similar to or compete with Your Site. You have independently evaluated the desirability of participating in the Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
This Agreement and the relationship between you and HOFr shall be governed by the laws of the State of New York without regard to conflict of law provisions, and the parties hereby submit themselves to the non-exclusive jurisdiction of the courts of the State of New York sitting in New York County as regards any claim, dispute or matter arising under or in relation to this Agreement.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent, which consent we may give or withhold in our absolute discretion. Subject to the foregoing 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.
If you have any questions or concerns, or need assistance on our Affiliate Program, you can contact our Affiliate Manager at email@example.com.
*Net Revenue is defined as the gross revenues retained by HOFr from Referred Users’ entry fees for participating in real-money contests on the HOFr app, which, with respect to each real-money contest entry made by the Referred User, shall be calculated as follows: ((Total entry fees collected from all contest participants) – total contest prizes) / total number of entries made by all participants into the contest)), less (a) 10% administrative fee deduction (b) any promotional sums (such as deposit matches or bonuses applied to accounts); (c) uncollectable revenues (including chargebacks, payment reversals or revenue derived from fraudulent activity); (d) applicable gaming duties and taxes payable by us at the rate in force on the date of due payment; and (e) reasonable payment processing service charges that are paid to third parties in connection with Referred Users' deposits and withdrawals. For the avoidance of doubt, no Referral Fees shall be due or payable in relation to revenue generated by the Ambassador’s own play.