Register as POWERPLAYER
POWER PLAYER AGREEMENT
This agreement (the “Agreement”), effective the latter of December 1, 2017, or the date of Customer’s enrollment (“Effective Date”) as a Power Player, is by and between the enrolling/enrolled Customer (“Power Player” or “you” or “your”), undersigned below, and United League, LLC (“United League” or “We” or “Our” or “us”), a Utah limited liability company.
The parties agree as follows:
Power Player Arrangement
1.4 Age Requirement. Power Player must be 18 years or older to subscribe OR have appropriate legal parental/guardian consent to subscribe. FireFan reserves the right to verify age and require written parental/guardian consent of winners prior to distributing any rewards. Failure to provide valid information may result in disqualification from the Power Player program. Furthermore, in the event of a minor winning any cash reward, their legal parent/guardian must directly claim and receive the reward on the minor’s behalf.
1.5 Billing Portal. United League provides Power Players with online access to a billing portal which provides Power Players with information regarding their subscription. Power Player must have an active subscription, be in good standing, and not in violation of this Agreement, to be eligible for access to the Billing Portal.
1.6 Amendment. United League may amend this Agreement, the Policies and Procedures, or the Subscription at any time. An amendment to any of these documents will become effective thirty (30) calendar days after notice of the amendment is made available through the Billing Portal. Power Player shall comply with these amendments. Power Players continuation of subscription with United League or acceptance of any form of reward after the effective dates of such amendments will constitute acceptance of the amendments.
1.7 Term. The term of this Agreement is month-to-month, subject to prior cancellation as per this Agreement. If Power Player fails to pay the monthly Subscription described in Section 1.2 of this Agreement, Power Player’s subscription with United League will be suspended and cancelled as outlined in Section 1.2. This Agreement will automatically renew each month unless written notice is received five (5) calendar days prior to the end of the subscription. In the event of termination or non-renewal, Power Player waives all rights, including property rights to former referred customers/players, and any form of reward derived from former referred. United League may terminate this Agreement if Power Player elects to: (i) cease business operations with United League; or (ii) terminate distribution of United League products and applications.
1.8 Discipline. If Power Player fails to comply with the terms of this Agreement, United League may impose upon Power Player disciplinary sanctions including, but not limited to, cancellation of Power Player account. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS EVEN AFTER A NON-VOLUNTARY TERMINATION.
1.9 International Residents. International Residents is defined as anyone residing outside of the United States of America or its Territories, referred to as “US”. International Residents are welcome to sign up as a Power Player so long as they abide by and meet all requirements of this Agreement and the international resident policies outlined within this Section.
Status; Tax; Liability; License
2.1 Power Player Status. Power Player is a temporary independent contractor and not a United League employee, partner, franchise, joint venture, or legal representative. Accordingly, Power Player will not be treated as an employee of United League for federal or state tax purposes. United League is not responsible for withholding, and will not without or deduct any tax, including the Federal Insurance Contributions Act tax, from any form of compensation that Power Player receives. Power Player is not entitled to worker’s compensation benefits or unemployment security benefits from United League. Power Player certifies that they are at least eighteen (18) years of age and/or have appropriate
2.2 Tax Information. Power Player shall submit accurate and complete tax information, if necessary, in accordance with the United States Internal Revenue Service W-9 Form or W-8 Form for international residents. Power Player is not eligible to receive any form of reward until all requested tax information has been received by United League.
2.3 Release of Liability. Power Player releases United League and its subsidiaries and/or affiliates from all liability arising from or relating to Power Player’s promotion or operation of United League business and any activities related to such promotion or operation, including the presentation of United League products, applications, the operation of a motor vehicle, and the lease of meeting or training facilities. Power Player shall defend and indemnify United League for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that Power Player undertakes in promoting United League’s mobile products and applications.
2.4 License. Power Player grants United League an irrevocable license to reproduce and use Power Player’s name, photograph, video recording, personal story, testimonial, and/or likeness in advertising or promotional materials, including use in online forums. Power Player waives all claims of remuneration for such use and the right to inspect or approve all draft, beta, preliminary, or finished material.
3.1 Executed Counterparts. This Agreement may be executed in any number of counterparts, all of which when taken together shall be considered one and the same agreement, it being understood that all parties need not sign the same counterpart. In the event that any signature is delivered by fax or by e-mail delivery of a “.pdf” format data file, such signature will create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf” signature page were an original thereof. Each of the parties hereby expressly forever waives any and all rights to raise the use of a fax machine or e-mail to deliver a signature, or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a fax machine or e-mail, as a defense to the formation of a contract.
3.2 Successors and Assigns. Except as expressly provided in this Agreement, each and all of the covenants, terms, provisions, conditions and agreements herein contained shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
3.3 Article; Section Headings. The article and section headings used in this Agreement are inserted for convenience and identification only and are not to be used in any manner to interpret this Agreement.
3.4 Severability. Each and every provision of this Agreement is severable and independent of any other term or provision of this Agreement. If any term or provision hereof is held void or invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the remainder of this Agreement.
3.5 Governing Law. This Agreement is governed by the laws of the State of Utah, without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Utah. In the event of a dispute between a Power Player and United League arising from or relating to this Agreement, the United League business or program, or the rights and obligations of either party, the parties shall resolve the dispute as more fully described in the Policies and Procedures. If any court action is necessary to enforce the terms and conditions of this Agreement, the parties hereby agree that the applicable court in Salt Lake or Utah County, Utah, shall be the sole jurisdiction and venue for the bringing of such action.
3.6 Entire Agreement. This Agreement, and all references, documents, or instruments referred to herein, contains the entire agreement and understanding of the parties hereto in respect to the subject matter contained herein. The parties have expressly not relied upon any promises, representations, warranties, agreements, covenants, or undertakings, other than those expressly set forth or referred to herein. This Agreement supersedes any and all prior written or oral agreements, understandings, and negotiations between the parties with respect to the subject matter contained herein.
3.7 Attorney’s Fees. If any legal action (including arbitration) is necessary to enforce the terms and conditions of this Agreement, the prevailing party will be entitled to costs and reasonable attorney fees.
3.8 Amendment; Assignment. Power Player cannot amend this Agreement without prior, express written consent from United League. Any attempt to transfer or assign the Agreement without the prior, express written consent from United League renders the Agreement voidable at the option of United League and may result in termination of Power Player’s subscription.
3.9 Cancellation. Power Player may cancel this Agreement at any time, regardless of reason; provided, however, that Power Player complies with the five (5) day notice of termination procedures described in Section 1.7 of this Agreement. Cancellation must be submitted in writing to United League via email at firstname.lastname@example.org or completed through the Billing Portal.
3.10 Waiver. Any waiver by either party of any breach of this Agreement must be in writing and signed by an authorized agent of the party against which the waiver is asserted. Any waiver of a breach by a party will be a one-time waiver only and will not operate or be construed as a waiver of any subsequent breach.
3.12 Time. All parties acknowledge that time is of the essence as to this Agreement.
3.13 No Third-Party Beneficiaries. This Agreement has been entered into solely by and between United League and Power Player, solely for their benefit. There is no intent by either party to create or establish a third-party beneficiary to this Agreement, and no such third party shall have any right to enforce any right, claim, or cause of action created or established under this Agreement.
Upon initial enrollment, Power Player has five (5) calendar days from the Effective Date to review this Agreement and the Policies and Procedures. If Power Player does not agree to any provision in any of these documents, Power Player’s sole recourse is to terminate their application and cancel this Agreement. This Agreement is dated as of the Effective Date listed above.