DraftStreet™ RECRUITMENT PROGRAM RULES
The DraftStreet™ Recruitment Program (the “Recruitment Program”) is sponsored by Left Tackle LLC (“DraftStreet™,” “we” or “us”). The following DraftStreet™ Recruitment Program Rules (the “Rules”) shall govern your ability to earn commissions (“Referral Commissions”) in connection with your participation in the Recruitment Program as a member (“DraftStreet™ Member”) of the DraftStreet™ website located at www.DraftStreet.com (the “Site”). Please review the Rules carefully.
The Recruitment Program is open to individuals who are U.S. citizens and at least eighteen (18) years of age, as well as valid business entities, that have already registered as DraftStreet™ Members on the Site.
HOW TO PARTICIPATE IN THE RECRUITMENT PROGRAM
All individuals and/or entities that are DraftStreet™ Members shall be automatically eligible to earn cash Referral Commissions. To participate, a DraftStreet™ Member must first log in to the Site, access the “My DraftStreet” page and click “More Details” in the recruiting section located therein in order to locate the recruiting code applicable to that DraftStreet™ Member (the “Code”).
HOW TO EARN REFERRAL COMMISSIONS
In order to earn Referral Commissions, you must refer individuals that are not yet DraftStreet™ Members (“Recruits”) and those Recruits must subsequently register as DraftStreet™ Members and either: (a) enter the Code manually during that registration process; (b) register via a designated link provided to you by DraftStreet™ for such purposes (“Link”); or (c) register via an email invitation generated by DraftStreet™ that is sent to those email recipients that you designate (“Email Invite”). If a Recruit does not enter the Code manually during registration, register via the Link or register via the Email Invite, you will not receive any Referral Commissions for that Recruit. Without limiting the foregoing, you may not open any additional, separate DraftStreet™ Member accounts under aliases in order to add yourself as a Recruit and earn Referral Commissions in connection with those additional DraftStreet™ Member accounts (“Self Recruit”).
DraftStreet™ RESERVES THE RIGHT TO REMOVE ANY PROSPECTIVE RECRUIT FROM THE RECRUITMENT PROGRAM WHERE DraftStreet™ DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THIS RECRUIT IS A SELF RECRUIT OR WAS OTHERWISE GENERATED IN VIOLATION OF THESE RULES.
DraftStreet™ IS NOT RESPONSIBLE FOR ATTEMPTED RECRUIT REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR ANY FAILURE OF ANY LINK, EMAIL INVITE AND/OR CODE. ALL DETERMINATIONS REGARDING THE REGISTRATION OF RECRUITS, REFERRAL COMMISSIONS, THE CODE, LINKS AND EMAIL INVITES SHALL BE MADE BY DraftStreet™ IN ITS SOLE AND ABSOLUTE DISCRETION.
Where your Recruits register and the applicable Code is entered or recorded, as applicable, you will receive a percentage of the amount that DraftStreet™ retains from each such Recruit’s Entry Fees (as that term is defined in the Terms and Conditions) according to the following schedule; provided, however, that you shall only receive a percentage of amounts that are actually paid by the Recruit, and not later charged back, canceled or refunded for any reason. Please be advised, where there are fewer than five (5) Recruits generated by you that have active accounts at any time, your maximum percentage payout will be fifteen percent (15%). “Active accounts” will be defined as any account that has participated in a league with an entry fee greater than zero dollars ($0) in that given month. The following schedule is subject to change at any time, in DraftStreet’s™ sole and absolute discretion; provided, however, that such changes shall not apply to any applicable Referral Commission Percentages already achieved for any applicable Recruit:
Entry Fee's Retained by DraftStreet™ Referral Commission Percentage
0 - $100 15%
$100 - $249 20%
$250 - $499 25%
$500 - $999 30%
$1,000 - $2,499 35%
$2,500 + 40%
You will be able to track your Referral Commissions and Recruit participation in the “My DraftStreet Recruits” section of the Site. Your Referral Commission payments will be processed monthly and deposited directly into your DraftStreet™ Services Account (as that term is defined in the Terms and Conditions).
ALL DETERMINATIONS BY DraftStreet™ WITH RESPECT TO REFERRAL COMMISIONS WILL BE MADE IN DraftStreet’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON YOU.
In addition to, and without limiting, any and all obligations and restrictions set forth in the DraftStreet™ Agreements, you agree to the following:
(a) Your activities in connection with generating Recruits (“Recruitment Activities”), and the materials used by you in connection with same (“Recruiter Creative”), must at all times: (i) comply with all applicable laws including, without limitation, the CAN-SPAM Act of 2003, as amended; and (ii) not infringe upon any third party intellectual property or other proprietary rights.
(b) Without receiving DraftStreet’s™ prior written approval in each instance, you shall not use ANY “incentivized marketing” or establish, or cause to be established, any promotion that provides any sweepstakes entries, rewards, points or other compensation to be earned in connection with your Recruitment Activities, nor create the appearance of incentivized marketing.
(c) DraftStreet™ reserves the right to refuse Referral Commissions to you for any Prohibited Conduct. For purposes of these Rules, “Prohibited Conduct” is defined as those instances where you engage in any of the following: (i) any Recruitment Activities via facsimile or telemarketing; (ii) any Recruitment Activities in connection with mobile telephones or portable electronic devices via SMS, Smart Messaging, EMS, MMS or any other type of text messaging service or protocol unless pre-approved by DraftStreet™ in writing; (iii) violations of the terms of service of, or Abusing, social media websites such as MySpace, Craigslist, Facebook or Twitter in connection with your Recruitment Activities (for purposes hereof, “Abuse” shall mean spamming, sending any unsolicited mass mailing or instant messaging, using social media websites for commercial purposes (without DraftStreet’s™ prior written consent), making any automated use of the systems, such as using scripts to send bulletins or other communications, or any other activity that violates the applicable terms of service); (iv) soliciting personal information from any potential Recruit under eighteen (18) years of age; (v) any unlawful commercial activities; and/or (vi) any conduct that DraftStreet™ objects to, in writing, at least forty-eight (48) hours in advance.
(d) You shall not place any Recruiter Creative in, on or through any e-mail messages or online venue that contains, promotes, references or has links to: (i) web pages with no content; (ii) profanity, sexually explicit material, hate material, material that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or family status, or any other material deemed unsuitable or harmful to the reputation of DraftStreet™; (iii) piracy (of software, videos, audio/music, books, video games, etc.) hacking/cracking/phreaking, emulators/ROMs, or distribution of copyrighted materials; (iv) illegal activities or advice; (v) deceptive acts or practices; (vi) violations of the rights of others, such as intellectual property or privacy rights; (vii) personal web pages, non-English language pages, free hosted pages or venues under construction; or (viii) activities generally understood as Internet abuse including, but not limited to, the sending of unsolicited bulk electronic mail.
(e) Unless authorized by DraftStreet™ in writing, in advance, you may not use third-party trademarks or any other term excluded from the applicable “Search Terms for Use” provided in the IO (if any such list is provided), in any manner in connection with your Recruitment Activities. This prohibition includes, but is not limited to, purchasing keywords from search engine service providers (“Paid Search Networks”), or purchasing inclusion in search engine networks (“Paid Inclusion Networks”), where the associated keywords include the trademark, service mark and/or brand name of any third-party including, without limitation, DraftStreet™, or any derivative or misspelling of any such trademark, service mark or brand name. Without limiting the foregoing, you must not violate the rules, requirements and regulations of any Paid Search Network or Paid Inclusion Network, and you shall fully indemnify and hold harmless DraftStreet™ from and against any and all liability arising from or in connection with any such violation.
(f) Recruiter may not advertise promotional codes on web properties which the recruiter does not own.
(g) You may not provide exact, valid rosters that could be played on DraftStreet™.
You are responsible for paying any sales, use or other taxes related to any Referral Commissions awarded to you in connection with the Recruitment Program. DraftStreet™ reserves the right to withhold taxes from Referral Commissions, as appropriate.
You agree to indemnify and hold DraftStreet™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your participation in the Recruitment Program in any way, whatsoever; (b) your breach of these Rules; (c) any dispute between you and any Recruits, prospective Recruits and/or other third parties; (d) any claim that DraftStreet™ owes any taxes in connection with your participation in the Recruitment Program; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of DraftStreet™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.