2022 Holiday Referral Program Terms And Conditions
Important Rules & Terms
Sparx Hockey may, at its sole discretion, terminate program and/or a Referral Partner’s participation in the program at any time.
- The discount code MUST be used at the time of purchase. There will be NO referral credit given for a purchase made without a code. Codes cannot be added by any means after purchase has been completed.
- Referral Discount codes cannot be combined with any other discount code.
- Those interested in participating must fill out the form emailed to them. Participation is open to only those customers who have purchased and are currently using the Sparx Sharpener or Sparx Sharpener Pro (first available in August 2020).
- Commission Payments (as outlined below) will be made via electronic Sparx Hockey Gift Cards. Gift Card Payouts will occur following the completion of the 2022 Holiday Referral Program and a 45-day wait list as out lined below. NO CASH COMMISSION WILL BR PROVIDED
- Enrollment.To enroll, you must submit a completed form send via email invention directly from Sparx Hockey. We will notify you of your acceptance or rejection in a timely manner. We may, in our sole discretion, determine that you and/or your website are unsuitable for our Referral Program and reject your application for any reason. Participation is open to only those customers who have purchased and are currently using the Sparx Sharpener or Sparx Sharpener Pro (first available in August 2020) We reserve the right to reject prospective partners and will provide such notification by email. Employees of Sparx Hockey, or their subsidiaries, affiliates or promotional agencies, including immediate family, and household members, are not eligible for the Sparx Hockey Referral Program. Participation is open to only those customers who have purchased and are currently using the Sparx Sharpener or Sparx Sharpener Pro (first available in August 2020)
- Product.For purposes of this Agreement, “Product” means Sparx Hockey’s ice skate sharpening tool, the Sparx Sharpener.
- Qualified Customer.For the purposes of this Agreement, a “Qualified Customer” will mean any customer of the Company. This includes any customer who has made a prior purchase from the Company.
- Referral Link.For the purposes of this Agreement, an “Referral Link” is a special URL that contains the ID or username of the Referral partner. This URL is used by the Company to track all of the traffic that the Referral Partner sends to the Company. PROMOTION OF REFERRAL LINK - REFERRAL LINK CAN NOT BE WIDELY DISTRIBUTED VIA DISCOUNT COUPON SITES, PAID ADVERTISING OR IN ANY DIRECT MANNER THAT COMPETES DIRECTLY WITH SPARX HOCKEY. SPARX HOCKEY IN ITS SOLE DISCRETION CAN TERMINATE CODE AT ANY TIME.
- Referral Code.For the purposes of this Agreement, a “Referral Code” is a special alphanumeric code that provides traceability to the ID or username of the Referral partner. This code is used by the Company, the referral partner and their Qualified Customers, to track all of the traffic that the Referral partner sends to the Company. A Referral Code may or may not have a discount associated with it for the Qualified Customer. PROMOTION OF CODE - CODE CAN NOT BE WIDELY DISTRIBUTED VIA DISCOUNT COUPON SITES, PAID ADVERTISING OR IN ANY DIRECT MANNER THAT COMPETES DIRECTLY WITH SPARX HOCKEY. SPARX HOCKEY IN ITS SOLE DISCRETION CAN TERMINATE CODE AT ANY TIME.
- Promotional Materials.We may make available to Referral partners certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use by the Referral partner, including on the Referral partner's website or social media pages (the “Promotional Materials”). The Promotional Materials we make available will be in our sole discretion.
- Intellectual Property.We retain all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement will be construed to grant Referral Partner any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 9.
- Relationship of Parties.This Agreement will not be construed to create any employment relationship, agency relationship, or partnership between Referral Partner and us. Referral Partner will have no authority to bind us into any agreement, nor will Referral Partner be considered to be our agent in any respect.
- Referral Partner Account.We may also provide Referral Partner with an Account that contains login credentials so Referral Partner can access Promotional Material and commission reports. The Account may only capture the total sales attributed to the Referral Partner and not the total commission due and/or paid. See commission schedule in Section 13 below for details. Referral Partner is responsible for safeguarding account information. We will not be liable for unauthorized access to Referral Partner's Account by third parties.
- In exchange for Referral Partner's display of the Promotional Materials and/or promotion of the Product, and for Referral Partner's compliance with and performance of the terms and conditions of this Agreement, we will pay Referral Partner a commission (the “Commission”) according to the Commission Schedules below for each Product sold to a Qualified Customer who follows the Referral Link or enters the Referral Code at checkout for the Referral Partner who recommended the Product. In the event that a Customer clicks on the Referral Link of one Referral Partner and enters the Referral Code of another Partner, the sale will be attributed to the owner of the Referral Code. NO COMMISION WILL BE GIVEN WITHOUT A DISCOUNT CODE ENTERED. NO CASH WILL BE PAID AS COMMISION.
Product Requirement - Sparx Sharpener or Sparx Sharpener Pro
Commission - One (1) $50 Electronic Gift Card to Sparx Hockey store (www.sparxhockey.com) for every Product Requirement Purchased. No Cash commission will be provided. No commission will be given on any other product.
Commission Payout Timing - Commissions are held for a period of 45 days from any purchase to protect us in the event of any return or chargeback that may occur. Commission payouts will be paid upon completion of 2022 Holiday Referral Program. Expected commission payout will occur on or around February 15, 2023
When a discount is made available to a Referral Partner, each Qualified Customer referred by Referral Partner, will also receive the advertised discount on the Product when the Qualified Customer enters the Referral Code at checkout.
- We may, at any time and in the Company’s sole discretion, modify any of the terms and conditions contained in this Agreement. See Section 27 for more information.
- Commissions will only be paid if the Qualified Customer follows an Referral Link or enters the Referral Code during the online purchase.
- Commissions will only be paid for sales to Qualified Customers.
- Commissions will only be paid for sales of the Product. Commissions cannot be earned on sales of other Company items.
- We will keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Referral Partner will be given reasonable access to these records upon request. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Referral Partner in any period or periods will be rectified by us within 14 days of discovering the discrepancy.
- In the event that the Product is on backorder or in a pre-order state, the holding period does not begin until the charge for the purchase is complete.
- In the event that Referral Partner materially breaches this Agreement and we terminate this Agreement within 30 days of the breach, then any accrued and payable Commissions owing to Referral Partner’s will be forfeited, and we will not be obligated to pay such Commissions to Affiliate.
- Referral Partner Equipment. Referral Partner is responsible for maintaining their own equipment regardless of whether that equipment is being used by Referral Partner during the Evaluation Period or if Referral Partner purchases the Product. Velasa Sports is not responsible for any damage to or loss of Referral Partner’s equipment, nor is it responsible for any damage to or loss to Referral Partner or any third party caused by Referral Partner’s equipment.
- Referral Partner’s Representations and Warranties.Referral Partner represents and warrant the following:
- Referral Partner has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
- Referral Partner’s website does not contain any materials that are:
- Sexually explicit, obscene, or pornographic;
- 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. Graphically violent, including any violent video game images; or
- Solicitous of any unlawful behavior.
- Referral Partner has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Referral Partner’s website. Nothing on Referral Partner’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Referral Partner have any reason to believe that any person or entity will bring or threaten such a claim in the future.
- Referral Partner will not use the Promotional Materials in any manner other than those set forth in Section 7 above.
- Referral Partner will not use the Promotional Materials in any manner or otherwise make any statements that are disparaging or that otherwise portray us, or any of our employees or representatives, in a negative light.
- Referral Partner will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property.
- Referral Partner will not publish or otherwise distribute any advertising materials for Referral Partner’s website that reference us or our website unless we give prior written consent to the distribution of such materials. Referral Partner will not use our name (or any name that is confusingly similar to our name) for any purpose on its website, in its promotional materials, or in any other context except to promote our website as specified in this Agreement. Referral Partner will not register any domain name that incorporates Company’s name, or that is confusingly similar to our name.
- Referral Partner will not engage in the distribution of spam, unsolicited bulk emails, unsolicited commercial email, or any form of illegal means of communication in any way mentioning or referencing us or our website.
- Referral Partner will only provide demonstrations and related activities on property and locations in which Referral Partner is authorized to conduct such demonstrations.
- Indemnification.Referral Partner will indemnify us and hold us harmless from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Referral Partner’s warranties set forth in Section 16 above. Referral Partner will indemnify us and hold us harmless for any damage, loss or other cost arising out of the use or misuse by Referral Partner of the Promotional Materials. Referral Partner will also indemnify us and hold us harmless for any damage, loss or other cost arising out of the use or misuse by Referral Partner of the Referral Partner’s Equipment, which includes any property damage or bodily injury that may be caused during Referral Partner demonstrations or use of equipment.
- Confidentiality.Any information that Referral Partner is exposed to by virtue of its relationship with us under this Agreement, which information is not available to the general public, will be considered to be “Confidential Company Information.” Referral Partner may not disclose any of Confidential Company Information to any person or entity, except where compelled by law, unless Referral Partner obtains prior written consent for such disclosure from us.
- This Agreement will take effect immediately, and will remain in full force and effect indefinitely, or until terminated pursuant to this Section.
- Either Party will have the right to terminate this Agreement at any time and for any cause. Referral Partner will be paid for all commissions owed up to the date of termination in accordance with Section.
- Company may terminate this Agreement for cause if Referral Partner is found to be in violation of this Agreement. Referral Partner will forfeit any commission due if this Agreement is terminated for cause.
- Taxes.We will not be responsible for any taxes owed by Referral Partner arising out of Referral Partner’s relationship with us as set forth in this Agreement. We will not withhold any taxes from the Commissions paid to Affiliate. You are responsible for providing us with accurate tax and payment information that is necessary to issue you a commission fee. If we do not receive the necessary tax or payment information within 90 days of a qualified purchase which would otherwise trigger commission fees, the applicable commissions shall not accrue and no commission fees will be owed with respect to such qualified purchase.
You are required to submit a W8/W9 tax form, and you are responsible for the payment of all taxes related to the commissions you receive under this Agreement. In compliance with U.S. tax laws, we will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold. You agree to inform us about changes to postal and e-mail addresses, as well as any changes to your name, email address, contact information, tax identification number, or other personal information that will impact our ability to issue a valid commission payment. Any address changes must be made at least 15 business days prior to the end of the calendar month in order for commission fees for that month to be sent to the revised address.
- Third Party Services.We may, in our sole discretion, make use of Third Party Services to administer our Referral Partner Program. We will not be responsible for any delays of payment, downtime, or errors that occur as a result of any third party administration of our program. We will make every effort to rectify errors but Referral Partner agrees to release Company from any errors or delays caused by a third party.
- Limitation of Liability.We will not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether we were or should have been aware or advised of the possibility of damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
- FTC Disclosure Policy.It is our intent to treat our customers fairly and to comply fully with all applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides (See theFTC Endorsement Guide for more information). This means that all Referral Partner websites (including directories, review/rating sites, blogs and other websites), and any email or collateral that provides an endorsement or assessment of us, must prominently disclose the fact that Referral Partner may receive compensation for referring customers to us.
For more information and suggestions about how to comply with these guidelines, please visit the FTC Endorsement Guide Referral Partner is advised to seek and obtain its own legal advice on how these rules apply to Referral Partner’s website or other promotional activities for which Referral Partner receives compensation.
We reserve the right to withhold commission fees and cancel the Referral Partner relationship with Referral Partner should we determine, in our sole discretion, that Referral Partner is not in compliance with the previously mentioned guide or other FTC regulations/guides that we deem relevant.
- Governing Law.The laws of the United States and the State of Massachusetts will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the state courts located in Middlesex County, Massachusetts, or the Federal District Court for the District of Massachusetts and Referral Partner irrevocably consents to the jurisdiction of such courts.
- Assignment.Referral Partner 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.
- Waiver.Our failure to enforce Referral Partner’s 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.
- Modification.We may, at any time and in its sole discretion, modify any of the terms and conditions contained in this Agreement.
- Severability.If any part or parts of this Agreement will be held unenforceable for any reason, the remainder of this Agreement will continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision will be deemed to be construed as so limited.
- Headings.The section headings are for convenience only and will not affect the meaning of the provisions of this Agreement.
- Entire Agreement.This Agreement constitutes the entire agreement between us and Referral Partner, and it supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
I INDICATE MY APPROVAL OF THIS AGREEMENT AND DESIRE TO BECOME AN REFERRAL PARTNER UNDER THESE TERMS AND CONDITIONS BY COMPLETING AND SUBMITTING THE REFERRAL PARTNER PROGRAM SIGNUP FORM, BY SUBMITTING PROPOSED REFERRED CUSTOMERS OR QUALIFYING PURCHASES TO US UNDER OUR REFERRAL PARTNER PROGRAM AND/OR BY COLLECTING ANY COMMISSION FEES FROM US.