Creative Sport Concepts / Tour Links

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Terms and Conditions
	To be an authorized affiliate of Tour Links, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Tour Links service as an affiliate. By signing up for the Tour Links affiliate program, you indicate your acceptance of this agreement and its terms and conditions. Affiliate Program Terms and Conditions Whereas, Creative Sport Concepts, Inc., hereafter called “Company” manufactures certain golf products. Whereas, Affiliate is engaged in the marketing and sale of certain golf products and, Whereas, the Company desires to contract with Affiliate, and Affiliate desires to contract with the Company, on the terms herein provided. Now therefore, in consideration of the premises and agreements hereinafter contained and other consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Effective Date: The effective date of this Agreement shall commence on the approval of this application. 2. Territory: Non Exclusive 3. Expenses: Affiliate shall use his or her best efforts to promote sales and solicit the products which the company manufactures. Affiliate shall pay all his or her own expenses in connection with sales of the products handled and presented by Affiliate. 4. Affiliate Responsibilities: Affiliate, during the term of this Agreement, at Affiliate’s own expense and without compensation, other than as expressly provided herein, shall: a. have the right to employ such sales personnel at such compensation as the Affiliate may deem appropriate to sell the products of the Company in the territory as described in this Agreement, such sales personnel being employees of the Affiliate. In so employing such personnel, Affiliate acknowledges that it is acting individually and not as an agent for, or employee of the Company. b. provide such technical and other data to the Company as it shall reasonably request for the purpose of reviewing marketing efforts. 5. Affiliate Authority: The authority of Affiliate shall be limited to soliciting orders for the Company’s products at the prices and on the terms then currently established by the Company. The Company shall have the right to reject orders obtained or reported by Affiliate for credit reasons or other good cause, and orders shall not be binding until accepted by the Company at its principal office. Affiliate shall have no power or authority in any manner to obligate or bind the Company with any kind of credit arrangements with any customer. Affiliate is declared not to be an agent, employee or co-adventurer of the Company. 6. Limitation of Affiliate Authority and Confidentiality: Affiliate further agrees that during the term of this Agreement, he or she will make no unauthorized quotations or offers for sale of the Company’s products; that Affiliate will make no representations or warranties, except those authorized by the Company; that Affiliate will not pledge the Company’s credit or attempt to incur any expense chargeable to it; nor will Affiliate divulge any customer’s name or list of customers or any other trade or manufacturing secrets of the Company. 7. Credit: Affiliate is not required to assume any credit risk of any kind whatsoever and at no time shall any product of the Company be billed or invoiced directly to Affiliate. 8. Customer Credits: The Company shall have the right to charge back to the Affiliate’s commission accounts any amount equal to commissions previously paid or credited on sale of Company’s products which have since been returned by the customer, or on allowances credited to the customer for any reason by the Company. 9. Business Relationship: All sales shall be at prices and upon terms established from time to time in writing by the Company and any orders that may be received by Affiliate shall be subject to acceptance by the Company. Affiliate shall conduct business as an independent sales affiliate and shall have no authority to bind or financially obligate the Company. 10. Sales Aids: Company shall furnish Affiliate with descriptive information, banner ads, specifications, and sales aids as may be reasonably necessary for the purpose of Affiliate’s services. 11. Commissions: Affiliate will be paid commissions based on the net invoiced amount for product sold in the territory as described in the agreement. Commissions are only paid on the cost of the product to the consumer, not on freight charges, when applicable. Commissions shall be paid on the 15th of the following month on all paid for shipments made the previous month. The Company will ONLY pay commissions to the individual who has signed up for the Affiliate Program. Affiliate is responsible for any subsequent payment that the affiliate makes to other marketing groups or individuals. The Company will not be responsible for paying any other member(s) of the marketing group or any other individual associated with the individual affiliate. 12. Term of Agreement: This Agreement shall be and continue in effect for a period of one [1] year from the date first set forth above. With written notice either party can terminate this Agreement with 15-day notice without cause. 13. Use of Adwords: Company will allow a Pay Per Click (PPC) policy for Search Engine Marketing (SEM), such as Google Adwords and any other marketing tools. However, Company will require that all Affiliates abide by the Brand/Trademark Bidding Policy, which consists of negative matching all Trademark and Brand terms related to Tour Links®, Mini Links®, and Ultra Turf ®. Affiliate will not be allowed to bid on these terms or any variation thereof. For example: Tourlinks, tour links, tourlinks.net, tourlink, and tourlink.com. If Affiliate fails to abide by this policy, Company has the right to terminate the agreement with Affiliate. 14. Domain Names: Company prohibits Affiliate from purchasing domain names that will infringe upon the Tour Links®, Mini Links® and Ultra Turf® Brand and Trademark policy per Section 13 above. If Affiliate fails to abide by this policy, Company has the right to terminate the agreement with Affiliate. 15. Notices: Any notices required herein shall be given to the Company as follows: Creative Sport Concepts, Inc. 5030 Seminole Boulevard St. Petersburg, Florida 33708 and to Affiliate as follows: (Affiliate Name) (Affiliate Address) All notices shall be considered as given when deposited in the U.S. Mail, Certified Mail, postage prepaid, or other recorded method of delivery. 16. Arbitration: This Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida, U.S.A., without regard to principles of conflicts of law. The parties agree that, if any controversy, dispute or claim shall arise out of this Agreement, its interpretation or breach, the parties shall consult with each other in good faith to settle the controversy, dispute or claim. In the event a settlement cannot be reached within 60 days after commencement of the consultation, or consultation is not promptly commenced or is discontinued, then either party may request that the matter be settled by binding arbitration. In such an event, the matter shall be settled exclusively by arbitration in accordance with the rules then obtaining of the American Arbitration Association by three [3] arbitrators so selected. All arbitration proceedings shall be held in Seminole Florida, U.S.A., and each party agrees to comply with, and abide by, in all respects any decision or award made in such proceeding. 17. Entire Agreement: Non-Assignability. This Agreement shall constitute the entire Agreement between the Affiliate and the Company. This Agreement shall be subject to modification only by duly executed written Agreements signed on behalf of the parties hereto by the respective duly authorized representatives. Neither party may assign this Agreement without the prior written consent of the other. This Agreement may be executed in counterparts and faxed copies may serve as originals.
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