Effective Date: January 15, 2024
Last Updated: August 1, 2024

1. Introduction

Welcome to Athiliates.com, operated by DubbleBlack, LLC, doing business as Athiliates ("Athiliates," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Athiliates regarding your access to and use of our website and services. By accessing or using our services, you agree to be bound by these Terms, along with our Privacy Policy, and any other terms or conditions referenced herein. If you do not agree with these Terms, you must not access or use our services.

2. Definitions

For the purposes of these Terms, the following definitions apply:

"Brand": A company, entity, or individual with an affiliate program hosted on a third-party platform that utilizes Athiliates to connect with Athletes for the purpose of promoting and endorsing products or services.

"Athlete": An individual, entity, or team registered on a third-party athlete marketplace that engages with Athiliates to promote or endorse Brand products on social media channels, websites, or other media platforms.

"Affiliate Program": A performance-based marketing program operated by a Brand on a third-party platform, where Athletes are compensated based on their ability to generate sales, leads, or traffic.

"Marketplace": A third-party platform where Athletes are registered to participate in promotional and endorsement activities for Brands.

"Services": The services provided by Athiliates, including but not limited to facilitating connections between Brands and Athletes, managing relationships, and ensuring compliance with the terms and conditions of third-party platforms.

"User": Any person or entity who accesses or uses our services, including Brands, Athletes, and other stakeholders involved in the promotion and endorsement processes.

3. Acceptance of Terms

3.1 Binding Agreement: By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including all applicable policies referenced herein, such as our Privacy Policy.

3.2 Eligibility: You represent and warrant that you are at least 18 years of age or the legal age of majority in your jurisdiction, and that you have the authority to enter into these Terms on behalf of yourself or the entity you represent.

3.3 Modification of Terms: Athiliates reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on this page, with an updated "Last Updated" date. You are responsible for reviewing these Terms periodically to ensure that you are aware of any changes. Your continued use of our services after any modifications constitutes your acceptance of the revised Terms.

4. Services Provided

4.1 Service Overview: Athiliates provides a platform that connects Brands with affiliate programs on third-party platforms with Athletes on third-party marketplaces. The Athletes promote and endorse the Brand’s products on their social media channels or other digital platforms, subject to the terms and conditions outlined in their agreements with both the Brand and the marketplace.

4.2 Scope of Services: The services offered by Athiliates include, but are not limited to:

Connection Services: Facilitating connections between Brands and Athletes based on mutually agreed-upon criteria.

Compliance Monitoring: Ensuring that all parties comply with the terms of the affiliate programs and athlete marketplaces.

Content Management: Assisting in the creation, management, review, and approval of promotional content produced by Athletes.

Reporting and Analytics: Providing Brands with detailed insights and performance data related to Athlete endorsements, including but not limited to engagement metrics, conversion rates, and return on investment (ROI).

Dispute Resolution: Offering mediation services to resolve disputes between Brands and Athletes, subject to the terms outlined in these Terms.

4.3 Third-Party Platforms: Athiliates works in conjunction with third-party platforms, including affiliate networks and athlete marketplaces. While we strive to ensure a seamless experience, Athiliates is not responsible for the performance, reliability, or terms of service of these third-party platforms. Users are advised to review the terms and conditions of any third-party platform before participating in their programs.

4.4 Service Limitations: Athiliates does not guarantee specific results or outcomes from the use of its services. We provide tools and resources to facilitate connections and promotions, but ultimate success depends on factors beyond our control, including the performance of individual Athletes and the effectiveness of Brand strategies.

5. Terms of Service for Brands

5.1 Affiliate Program Compliance: Brands must comply with the Terms of Service of the affiliate network on which their program is hosted, including all rules, guidelines, and regulations. This includes adhering to industry standards for marketing and advertising practices.

5.2 Content Approval and Oversight: Brands are responsible for reviewing, approving, and overseeing all promotional content created by Athletes before it is published. While Athiliates may assist in this process, Brands retain full responsibility for ensuring that content complies with applicable laws, regulations, and guidelines, including those set forth by the affiliate network and marketplace.

5.3 Payment Obligations: Brands are responsible for ensuring timely payment of commissions, fees, and any other compensation owed to Athletes as outlined in their affiliate program agreement. Failure to make timely payments may result in suspension or termination of services by Athiliates.

5.4 Data Accuracy and Integrity: Brands must provide accurate, complete, and up-to-date information to Athiliates, including product details, promotional guidelines, and affiliate program terms. Any changes to this information must be communicated promptly to ensure accurate representation in promotional activities.

5.5 Confidentiality: Brands must maintain the confidentiality of any non-public information shared by Athiliates or Athletes as part of the services. This includes, but is not limited to, marketing strategies, pricing details, and personal data of Athletes. Unauthorized disclosure of such information may result in legal action.

5.6 Intellectual Property Rights: Brands warrant that they own or have the necessary rights to use all content, trademarks, and other intellectual property that is provided to Athiliates or used in connection with the services. Brands grant Athiliates a non-exclusive, royalty-free license to use this content solely for the purpose of providing the services.

6. Terms of Service for Athletes

6.1 Marketplace Compliance: Athletes must comply with the Terms of Service of the athlete marketplace on which they are registered, including all rules, guidelines, and regulations. This includes adhering to industry standards for influencer marketing and promotional activities.

6.2 Content Creation and Standards: Athletes are responsible for creating promotional content that adheres to the guidelines provided by the Brand, the athlete marketplace, and applicable laws and regulations. Content must be accurate, truthful, and not misleading, and must comply with disclosure requirements, such as those set forth by the Federal Trade Commission (FTC) in the United States.

6.3 Payment Processing and Taxes: Athletes must accept and process payments in accordance with the terms of their athlete marketplace agreement. Athletes are also responsible for reporting and paying any taxes due on income earned through promotions and endorsements. Athiliates is not responsible for any tax liabilities incurred by Athletes.

6.4 Disclosure Requirements: Athletes must comply with all legal requirements regarding the disclosure of sponsored content. This includes, but is not limited to, clearly identifying content as sponsored or promotional in nature, in accordance with applicable laws and regulations.

6.5 Content Ownership and Usage Rights: Athletes retain ownership of the content they create unless otherwise agreed in writing. However, Brands may have certain usage rights as outlined in their affiliate program agreement. Athletes grant Athiliates a non-exclusive, royalty-free license to use this content solely for the purpose of providing the services.

6.6 Confidentiality: Athletes must maintain the confidentiality of any non-public information shared by Brands or Athiliates as part of the services. Unauthorized disclosure of such information may result in legal action.

7. Privacy Policy

7.1 Data Collection and Usage: Athiliates collects personal information from Users as described in our Privacy Policy, available at Athiliates.com/privacy. By using our services, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. This includes information necessary to facilitate connections between Brands and Athletes, manage relationships, and comply with legal obligations.

7.2 Third-Party Data Sharing: We may share your personal information with third-party service providers, affiliate networks, and athlete marketplaces to facilitate our services. These third parties are bound by confidentiality obligations and are only permitted to use your information for the purposes specified by Athiliates.

7.3 Data Security: Athiliates implements reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no security system is impenetrable, and we cannot guarantee the security of your data. Users are responsible for maintaining the confidentiality of their login credentials and account information.

7.4 User Rights: Users have the right to access, correct, or delete their personal information as outlined in our Privacy Policy. Requests to exercise these rights should be directed to the contact information provided in the Privacy Policy.

7.5 Data Retention: Athiliates retains personal information for as long as necessary to provide our services, comply with legal obligations, resolve disputes, and enforce our agreements. The specific retention period may vary depending on the nature of the data and the legal requirements applicable to it.

8. Limitation of Liability

8.1 No Warranty: Athiliates provides our services "as is" and "as available," without any warranty or condition, express, implied, or statutory. This includes, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, or the performance or results you may obtain from using our services. Athiliates does not guarantee the accuracy, completeness, or reliability of any content or information provided through the services.

8.2 Liability Limitation: To the fullest extent permitted by law, Athiliates, DubbleBlack, LLC, and their affiliates, officers, directors, employees, or agents shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of our services, even if we have been advised of the possibility of such damages. This limitation applies to all causes of action, whether based on contract, tort, or any other legal theory.

8.3 Third-Party Platforms: Athiliates is not responsible for any issues, including but not limited to downtime, inaccuracies, or non-compliance, arising from the use of third-party platforms, including affiliate networks and athlete marketplaces. Users are advised to review the terms and conditions of any third-party platform before participating in their programs.

8.4 Force Majeure: Athiliates shall not be liable for any failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government action, natural disasters, or technical failures. In such cases, Athiliates will make reasonable efforts to resume services as soon as possible.

8.5 Aggregate Liability: In no event shall the aggregate liability of Athiliates, DubbleBlack, LLC, and their affiliates, officers, directors, employees, or agents exceed the total amount paid by you to Athiliates for the services giving rise to the claim in the twelve (12) months preceding the event that gave rise to the liability.

9. Indemnification

9.1 General Indemnification: You agree to indemnify, defend, and hold harmless Athiliates, DubbleBlack, LLC, and their affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of our services, your violation of these Terms, your violation of any rights of another, or your breach of any representation, warranty, or covenant under these Terms.

9.2 Brand-Specific Indemnification: Brands agree to indemnify, defend, and hold harmless Athiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising from or related to:

Content and IP Infringement: Claims that content provided by the Brand, or content created by Athletes on behalf of the Brand, infringes upon the intellectual property rights of any third party.

False Advertising: Claims that the promotional content created by Athletes on behalf of the Brand constitutes false or misleading advertising, or violates any applicable laws, regulations, or industry standards.

Breach of Contract: Any breach by the Brand of the terms of its affiliate program agreement, including but not limited to payment obligations and content approval requirements.

9.3 Athlete-Specific Indemnification: Athletes agree to indemnify, defend, and hold harmless Athiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising from or related to:

Defamation and Libel: Claims that content created by the Athlete is defamatory, libelous, or otherwise harmful to the reputation of any third party.

Intellectual Property Infringement: Claims that the Athlete's use of any third-party intellectual property in their content infringes upon the rights of the owner of that intellectual property.

Disclosure Violations: Claims that the Athlete failed to comply with legal requirements regarding the disclosure of sponsored content, including but not limited to FTC guidelines in the United States.

10. Intellectual Property

10.1 Ownership of Intellectual Property: All content, trademarks, logos, service marks, and other intellectual property displayed on Athiliates.com and provided as part of our services are the property of DubbleBlack, LLC or its licensors. You may not use, reproduce, distribute, or display any content from our site or services without our prior written consent, except as expressly permitted under these Terms.

10.2 License to Use Services: Subject to your compliance with these Terms, Athiliates grants you a limited, non-exclusive, non-transferable, revocable license to access and use our services and content for your personal or business use. This license is granted solely for the purpose of enabling you to use and enjoy the benefits of our services as provided by Athiliates, in accordance with these Terms.

10.3 Restrictions on Use: You may not:

Modify, copy, reproduce, republish, upload, post, transmit, or distribute any content from our services in any form or by any means without our prior written consent.

Use any content from our services for any commercial purpose other than as expressly permitted under these Terms.

Reverse engineer, decompile, disassemble, or attempt to discover the source code of any part of our services.

Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices contained in or displayed on our services.

10.4 Feedback and Suggestions: If you submit any feedback, suggestions, or ideas about our services, you grant Athiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and otherwise exploit such feedback for any purpose, without compensation to you.

11. Termination

11.1 Termination by Athiliates: Athiliates reserves the right to terminate or suspend your access to our services at any time, with or without notice, for any reason, including but not limited to:

Violation of Terms: Your breach of any provision of these Terms or any other agreement between you and Athiliates.

Legal Requirements: Compliance with legal or regulatory requirements or a request by law enforcement or other government agencies.

Risk to Services: Actions that create a risk of harm, loss, or liability for Athiliates, our Users, or others.

Inactivity: Extended periods of inactivity on your account.

11.2 Termination by User: You may terminate your use of our services at any time by ceasing to access or use the services and, if applicable, by providing notice of termination to Athiliates in accordance with any contractual obligations you may have.

11.3 Effect of Termination: Upon termination of your access to the services, these Terms will continue to apply to any prior use of the services and any obligations you may have incurred. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, indemnification, limitation of liability, and dispute resolution.

11.4 Data Deletion: Upon termination, Athiliates may delete your data and account information, including any content you have uploaded or shared through our services, unless we are required to retain it for legal or regulatory purposes.

12. Dispute Resolution

12.1 Governing Law: These Terms and any disputes arising out of or relating to them or your use of our services will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.

12.2 Arbitration Agreement: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its rules. The arbitration shall take place in Denver, Colorado, and the language of the arbitration shall be English.

12.3 Class Action Waiver: You agree that any arbitration shall be conducted in your individual capacity, and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis.

12.4 Injunctive Relief: Notwithstanding the foregoing, Athiliates may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access to or use of its services.

12.5 Costs of Arbitration: Each party shall bear its own costs and expenses, including legal fees, incurred in connection with the arbitration, except as may be otherwise required by applicable law or the rules of the arbitration organization.

13. Miscellaneous

13.1 Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and Athiliates with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, or agreements, whether oral or written, between you and Athiliates.

13.2 Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

13.3 Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision, and any failure to assert a right or provision shall not constitute a waiver of such right or provision.

13.4 Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Athiliates may assign or transfer its rights and obligations under these Terms at any time, without notice to you.

13.5 Notices: Any notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when delivered to the address specified by the receiving party or as otherwise required by applicable law.

13.6 Headings: Headings are for convenience only and do not affect the interpretation of these Terms.

13.7 Contact Information: If you have any questions or concerns regarding these Terms or our services, please contact us at:

Email: info@athiliates.com

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