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.
I. United League provides mobile products and applications for its customer to participate in mobile gaming.
II. Customer desires to register as a Power Player with United League and pay a monthly subscription and facilitate in the promotion of United League’s products and applications.
III. United League desires that Power Player facilitate in the promotion of United League’s products and applications. In exchange, United League provides the Power Player with the opportunity to make up to 50 additional pre-game pick entries within United League’s mobile application FireFan, the opportunity to receive 50% of the rewards received by FireFan players personally referred by Power Player to United League’s applications, and the ability to receive discounted rewards.
The parties agree as follows:
1.1 Products; Applications and Marketing.
Power Player shall use reasonable efforts to promote and market United League products and applications to potential customers/players based on information provided in this Agreement or as provided in other forms such as through Our websites or within FireFan. Power Player shall submit orders received directly to United League and United League may accept or reject such orders that Power Player submits. Furthermore, if United League requests, Power Player agrees to provide story or testimonial to United League which We can use for promotional purposes as described in Section 2.4
Your Power Player subscription will continue month-to-month and automatically renew unless and until you cancel your subscription or we terminate it. You shall provide us with a current, valid, accepted method of payment (as such may be updated on Our website from time to time, “Payment Method”) to be an active Power Player. We will bill the monthly subscription to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s subscription fees to your Payment Method. You may see United Games and/or FireFan as the charge descriptor on your credit card statement.
1.2.1 Recurring Billing
By enrolling as a Power Player and providing a Payment Method, you authorize us to charge you a monthly subscription at the then current rate, and any other charges you may incur, such as taxes, to your Payment Method. You acknowledge that the amount billed each month may vary from month-to-month for reasons that may include differing amounts due to such things as promotional offers or taxes and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
1.2.2 Price Changes.
We reserve the right to adjust pricing for the subscription at any time as we may determine in our sole and absolute discretion. You accept these changes when you sign this Agreement. Any price changes to your subscription will take effect following e-mail notice to you.
1.2.3 Billing Cycle.
The subscription fee will be billed at enrollment and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you enroll on January 31st, your next payment date is likely to be February 28th and your Payment Method would be billed on that date. Your renewal date may change due to change in your subscription.
1.2.4 No Refunds.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will be considered an active Power Player through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (the “Credits”). Power Player acknowledges that the amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
1.2.5 Payment Methods.
You may edit your Payment Method information by visiting the FireFan.com website and logging into your billing portal. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see “Cancellation”, below), you remain responsible for any uncollected amount and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the subscription fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. We are not responsible for the payment of any such foreign transaction fee.
You may cancel your subscription at any time, and you will continue to be an active Power Player through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, go to your Billing Portal on FireFan.com and cancel your subscription or you can e-mail email@example.com and request cancellation. If you cancel your subscription, your status as an active Power Player will terminate at the end of your current billing period and your benefits and rewards will terminate immediately once you are not active, including any benefits and rewards associated with those you have personally referred.
Power Player Arrangement
1.3 Benefits and Rewards.
1.3.1 Timing of Additional Pre-Game Picks.
You will have the ability to make up to 50 additional pre-game picks in FireFan within 36 hours of a successful subscription payment.
1.3.2 Discounted Rewards.
FireFan loyalty tickets are received as you play tokens in FireFan and may also be received for other activities done within FireFan. FireFan tickets can be redeemed for loyalty rewards in FireFan’s Reward Center. When you have an active Power Player subscription, certain rewards within FireFan’s Reward Center will be available for a discounted number of tickets as compared to other customers/players.
1.3.3 Share Code.
You will receive a Share Code when you register as a Power Player. The Share Code connects you to the people you personally refer. It is your responsibility to ensure people you personally refer use the Share Code in order to properly link them to you so that you are able to receive benefits if they win in our Picks for CashTM and Rewards or Leaderboard All-Stars. Other sharing tools are also available within FireFan to connect players to you. If a player is not connected to you, you will not be eligible to receive 50% of the value of what they receive, so be sure to have them use your Share Code when downloading the game or use the other share features provided.
1.3.4 Cash Rewards.
If you or your personally sponsored players win cash rewards in Our Picks for CashTM and Rewards, you will be paid via PayQuicker. When you first earn any cash reward, you will receive a personal PayQuicker link via e-mail to create your account that is only sent when you are first eligible to receive a payout), so it is important you have a valid e-mail and contact information on file. You will set up your PayQuicker account with that link and will need to provide your tax information such as address and social security number when establishing your PayQuicker account. You will not be able to access the funds until you have provided valid tax information. Once your PayQuicker account is established, you can elect to transfer money to another bank account if you are a resident of the USA, or you can access the funds via a branded Visa card which you can order through PayQuicker. United League reserves the right to change the method by which cash payments are made at its sole discretion, but in all cases, appropriate contact and tax information will need to be provided before payments are made. Any cash rewards must be claimed within thirty (30) calendar days of winning so it is important that the appropriate contact information be on file. If after thirty (30) calendar days, the cash reward has not been claimed, which includes establishing your PayQuicker account, you forfeit the cash reward. E-mail us at firstname.lastname@example.org if you are not notified and believe you should have been.
1.3.5 Gift Card Rewards.
If you or your personally sponsored players win gift cards in Our Picks for CashTM and Rewards or Leaderboard All-Stars, you will receive the appropriate amount of FireFan Tickets in your FireFan player account that can then be redeemed for various rewards, including gift cards, in FireFan’s Reward Center. If your personally referred player wins a $20 USD gift card in FireFan Tickets, you will receive enough FireFan Tickets in your Player Account to redeem a $10 USD gift card within FireFan’s Reward Center. You may choose to accumulate the tickets for another reward. You will be notified within the FireFan app and be notified via the e-mail on file that one of your personally referred players won and you will have 7 days once your sponsored player has won to claim the reward/tickets or the reward will be forfeited
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.
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.
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.
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.
1.9.1 US Laws.
International Residents who enroll as a Power Player agree they are enrolling under US laws and regulations and that United League is accepting and making such sales and contracts in the US as distant sales.
1.9.2 Contact Information.
International Residents agree to provide true identification (i.e. Citizens ID# or valid passport #, or valid driver’s license #) and contact information (i.e. name, address, phone #, e-mail address, etc.) to Us in order to receive rewards.
1.9.3 Cash Rewards.
International Residents agree that to be eligible for cash rewards, in lieu of providing IRS for W-9 as required for US citizens, they will file with United League, a US IRS form W-8BEN, claiming exemption from US withholdings.
1.9.4 Tax Reporting.
International Residents understand that any income or social taxes required to be reported to or paid to their resident home country based on rewards or remuneration received are solely and completely their own responsibility and not the responsibility of United League.
1.9.5 Certain Countries.
You should only enroll if you are in a country that is designated as “open” by United League as listed in the enrollment section of Our website. International Residents understand some aspects of the program available in the US may not be available nor offered by United League in every country. Such may be modified at the sole discretion of United Games.
1.9.6 Sales Tax.
International Residents accept that prices charged may be adjusted for services and products offered, to include sales taxes (including VAT, GST, or any other value added tax) as required by local laws, for supply of services, based on internet sales and location of supply.
1.9.7 Credit Card.
International Residents accept responsibility to ensure that when using a credit card to pay the subscription in US dollars, their bank will authorize such transactions and that they are responsible for any currency transaction fees. United League shall not be held responsible for any effects on rewards and benefits, in any form, should Payment Method authorization be denied.
1.9.8 US Dollar and Other Currencies.
All prices and prizes are always stated in US dollar. In the future, should We accept other currencies (i.e. Singapore, Canada, Hong Kong, etc.) these will be clearly stated as SGD, CAD, HKD, etc.
1.9.9 Distant Sales.
For UK/EU residents who become Power Players, sales of United League electronic services and products are made from the US as distant sales with appropriate VAT collected and remitted to their country of residence, via MOSS registration.
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.
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.
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.
(a) Suit Timetable.
If a party wishes to bring an action against the other party for any act or omission relating to or arising from this Agreement, such action must be brought within one (1) year from the date on which the party knows, or through reasonable diligence should know, of the conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against the other party for such act or omission. The parties waive all claims that any other statute of limitations applies.
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.
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 email@example.com or completed through the Billing Portal.
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.
(a) Method and Delivery.
All notices, requests and demands hereunder shall be in writing and delivered by hand, by Electronic Transmissions, by mail, or by recognized commercial over-night delivery service (such as Federal Express or UPS), and shall be deemed given (i) if by hand delivery, upon such delivery; (ii) if by Electronic Transmissions, upon telephone confirmation of receipt of same; (iii) if by mail, forty‑eight (48) hours after deposit in the United States mail, first class, registered or certified mail, postage prepaid; (iv) if by telegram, upon telephone confirmation of receipt of same; or, (v) if by recognized commercial over-night delivery service, upon such delivery.
(b) Consent to Electronic Transmissions.
Each party hereby expressly consents to the use of Electronic Transmissions for communications and notices under this Agreement. For purposes of this Agreement, “Electronic Transmissions” means a communication (i) delivered by facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the sending party; and, (ii) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form.
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.