Crowdfunding & Fan Funding | FanBeach.com

FanBeach.com Affiliate Agreement
Beta Test Interim Version

FanBeach.com (“FB”) operates a worldwide store for crowdfunding (fan funding) creator donation and support, downloadable video, audio and photo (photography) content, and other media emerging as technology evolves. FB’s customers pay to license content for personal use only, and, to donate one time, or on a subscription basis (recurring), and, for brand sponsorships, to support creators, from FB’s websites (collectively, “FB Websites”).

All references herein to “We” or “Us” means: FanBeach LLC

All references herein to “You” or “Your” or “Affiliate” means: the First and Last names (combined) You provided in the registration form on this page (or, alternatively, on the creator/vendor, and, or, customer account if You previously opened either of those).

In other words, the real person, for all legal and contractual purposes, You are, as linked to Your government-issued IDs, tax reporting numbers, etc., as an individual. Subject to our approval on review, but not issued herein, We may allow You to mean a corporate entity. But for all purposes herein You means You the living person unless and until that time.

This Affiliate Agreement incorporates by reference FB’s site Terms and Conditions (https://fanbeach.com/legal/) and FB’s Creators Terms and Conditions (https://fanbeach.com/creator-registration/).

The following Terms and Conditions (“T&Cs”) are a legally binding, non-exclusive agreement between You and FB. Please read the T&Cs carefully and be sure You understand them fully. The T&Cs describes and controls Your legal relationship with FB.

By submitting Your affiliate registration application to FB, You agree to all the terms in this agreement.

Notices

Notices relating to this agreement will be sent to FanBeach.com LLC, PO Box 3543, Ventura, CA 93006

Notices to You will be sent to: the “User E-mail” address You provide in the registration form on this page, and You expressly consent to receive any such notices via this method. If You wish to alter the Notices delivery address, please contact Us.

Overview of the FanBeach.com Affiliate Program

The Affiliate Program permits You to monetize Your website, social media user-generated content, or online software application (referred to here as Your “Site”), by placing on Your Site links to the FB Site. The links must properly use the special “tagged” link formats We provide and comply with this Agreement (“Special Links”).

When Our customers click through the Special Links to purchase an item sold or services offered on the FB Site or take other actions, You can receive fees for qualifying purchases, and, or, other events, as further described in (and subject to the limitations in) the Affiliate Program T&Cs. In order to facilitate Your advertisement of these items or services, We may make available to You data, images, text, link formats, widgets, links, marketing content, and other linking tools, application program interfaces, and other information in connection with the Affiliate Program (“Program Content”).

Cookie Functionality Required

The Special Links depend on “cookies” to function correctly. If a visitor refuses to “accept” cookies in their browser (for any reason) the Special Links will not function as intended and tracking will fail. You acknowledge this cookie acceptance issue depends on the actions of third parties (visitors) and it is beyond FB’s control. Further, You acknowledge FB is under no obligation or liability to You in any manner, including, but not limited to compensation, and, or credit, in the event cookies are not accepted by visitors and the Special Links fail to function as intended.

Cookie Duration and Deletion

Notwithstanding the limits on cookie functionality described above and elsewhere herein, You understand, acknowledge and accept, that subject to change at anytime and for any reason We determine, cookies set by the Special Links are of limited duration and once they expire (or are deleted by visitors for any reason) all tracking of the Special Links also expires. Once a cookie has expired or is otherwise deleted, You understand, acknowledge and accept We are under no obligation to credit You or otherwise compensate You for the referral or actions of the visitor in any manner whatsoever.

Cookies are currently set to expire seven (7) calendar days from the time they are accepted by a visitor, subject to change at anytime and for any reason We determine.

Affiliate Program Compliance Requirements

You must comply with this Agreement to participate in the Affiliate Program and receive fees. You must promptly provide Us with any information that We request to verify Your compliance with this Agreement.

If You violate this Agreement, or if You violate terms and conditions of any other applicable FB Agreement, then, in addition to any other rights or remedies available to Us, We reserve the right to permanently (to the extent permitted by applicable law) withhold (and You agree You will not be eligible to receive) any and all fees otherwise payable to You under this Agreement, whether or not directly related to such violation without notice and without prejudice to any right of FB to recover damages in excess of this amount.

Affiliates must have active accounts: If Your account operates for a period of sixty (60) calendar days without any valid (fully paid, no charge backs, and, or, no refunds) referred transactions, and, or, for the same period, without any other valid new referrals, and, or, for the same period, referral visits, it will no longer be considered active and will be closed by Us without notice.

FB Customers

Our customers are not, by virtue of Your participation in the Affiliate Program, Your customers. As between You and Us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the FB Site will apply to those customers and may be changed at any time. You will not handle or address any contacts with any of Our customers, and, if contacted by any of Our customers for a matter relating to interaction with an FB Site, You will state that those customers must follow contact directions on that FB Site to address customer service issues.

Notwithstanding the paragraph above which is intended to specify We are solely responsible for communications with Our customers on matters pertaining to transaction processing and related customer service, You may communicate with Our customers directly at any time to discuss Your content, Your brand, Your projects, etc.

Identifying Yourself as an Affiliate

You must clearly state the following, or any substantially similar statement previously allowed under this Agreement, on Your Site or any other location where FB may authorize Your display or other use of Program Content: “As an FanBeach.com Affiliate I earn a fee when you make qualifying purchases from my links.” Except for this disclosure, You will not make any public communication with respect to this Agreement or Your participation in the Affiliates Program without Our advance written permission. You will not misrepresent or embellish Our relationship with You (including by expressing or implying that We support, sponsor, or endorse You), or express or imply any affiliation between Us and You or any other person or entity except as expressly permitted by this Agreement.

Modification

We reserve the right to modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion by posting a change notice, revised Agreement, or revised Program Policy on the Affiliate Site or by sending notice of such modification to You by e-mail to the primary e-mail address then-currently associated with Your Affiliate account. The effective date of such change will be the date specified, which other than increased Fees (payable to You) will be no less than seven calendar days from the date the notice is provided. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH CHANGE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMINATION PROVISIONS OF THIS AGREEMENT.

Compensation

FB shall pay You a fee for each unique purchase of fan funding or Content for which FB receives payment (and is not subsequently refunded or charged-back).

If approved separately, FB shall pay You a fee for sales made by Creators in good standing You have referred. This element of the Affiliate program is not automatically granted and it is not effective with respect to this Agreement between You and Us unless You have received a written confirmation that it has become effective and added to Your Affiliate account by Us.

The fees are not cumulative nor additive. If You are compensated for purchase by a fan You will not also receive a creator referral fee for the same transaction. Only one will apply with the precedence given to the creator referral if it is in effect on Your account.

Fee Exclusive of Any Tax or Fees Paid to Third Parties

The fee is always exclusive of any sales tax, VAT, use tax or any other tax (or similar fee) that FB may be required to collect and pay to government entities in the USA or elsewhere in the world. For the purposes of clarity, this means if an item is sold at a price of $5.00 and VAT is added to that price in the amount of $.50, You are paid a fee based exclusively on the $5.00 price. Neither You nor FB split or otherwise retain such taxes or fees. Nothing contained in the paragraph herein in any way applies to separate issues pertaining to income tax which are addressed elsewhere in this document.

Fee Schedule

Fan Funding Creator Support & Brand Deals

FB shall pay You a fee for each unique creator support (fan funding) or brand deal (sponsorship) purchase referred by Your qualifying Special Links for which FB receives payment (and is not subsequently refunded or charged-back).

The current fee rates are 5% (five percent) for creator support (fan funding) or brand deal (sponsorship) referrals.

These fees are eligible to be recurring. If a customer purchases ongoing monthly creator support, You will be paid the fee for each month the customer renews unless or until the customer terminates the subscription renewal or it is otherwise cancelled for any reason.

Downloads of Digital Files

FB shall pay You a fee for each unique digital file purchase referred by Your qualifying Special Links for which FB receives payment (and is not subsequently refunded or charged-back).

The current fee rate is 5% (five percent) for digital file purchase referrals.

If a customer downloads the same item of digital file content more than once, You will be paid once only.

Creators in Good Standing

In the event Your Affiliate account has been expressly and separately approved for creator referrals as outlined elsewhere herein, FB shall pay You a fee for each unique creator account in good standing sign-up referred by Your qualifying Special Links for which FB receives payment (and is not subsequently refunded or charged-back).

Only creator accounts in good standing qualify. Furthermore, in addition to the limitations outlined elsewhere herein regarding cookie duration, creator accounts must become active and generating revenue within sixty (60) calendar days of referral to qualify. After sixty (60) calendar days of referral, inactive creator accounts and their referral status permanently expire.

The current fee rates are 4% (four percent) of the referred creator’s sales, exclusive of any taxes or fees as outlined elsewhere herein, for creator sign-up referrals.

These fees are eligible to be recurring. If a creator remains in good standing and generates revenue on an ongoing basis, You will be paid the fee for each month the creator generates revenue unless or until the creator terminates their account or it is otherwise cancelled for any reason. For the purposes of clarity, You are only eligible for fees from transactions and, or, creators, We determine are in compliance with all FB Terms and Conditions contained or otherwise incorporated by reference herein.

Payments

All fee payments will be issued monthly, on or about the 30th day of each month, for the purchases occurring in the calendar month 60 (sixty) days proceeding (January transactions are paid on March 30th, etc). This timeframe allows FB to accommodate possible charge backs and credit card fraud investigations without needing to clawback payments from You.

Payments are automatic and do not need to be requested as long as they meet the minimum threshold outlined below. There is no fee charged by FB to pay Affiliates in the USA at this time, subject to change.

There is a minimum payout rate per accounting period of: i) Fifty-Five US Dollars (USD 55.00) for electronic payments; and ii) Five Hundred US Dollars (USD 500.00) for payment by check (the “Payout Minimums”). If during an accounting period, You haven’t reached the Payout Minimums, Your compensation will be rolled over into the next accounting period. If You cancel Your account or it is otherwise terminated for any reason prior to accrued earnings in Your account reaching the applicable Payout Minimum, You thereby forfeit such payment.

If Your account is terminated for a breach of the material terms of the T&Cs, in addition to its other rights at law or in equity, FB shall have the right to retain any fees and/or other compensation otherwise payable to You hereunder as liquidated damages. You and FB agree that these liquidated damages are fair and reasonable and in no way a penalty or punitive in nature.

FB may recoup fees paid to You in connection with refunds issued by FB by deducting applicable fees credited to Your account. Credit card chargebacks will be treated in the same manner as refunded transactions.

If FB makes an overpayment of fees or other compensation to You for any reason, FB shall have the right to deduct the amount of such overpayment from Your accrued fees or to demand the immediate repayment of such overpaid fees or other compensation.

If You receive Your payments through an online payment processing service (e.g., PayPal) You may not share Your online payment processing service account with another FB account, unless it is Your own creator account. FB’s obligation to make payment to You hereunder shall be fulfilled by making payment to the online payment processing service designated by You.

Taxes

If You are a “US Person” as defined by the Internal Revenue Service (“IRS”), a signed and completed IRS Form W-9 must be submitted to FB for FB to make payments to You. A W-9 is used to certify under penalty of perjury that Your social security number (or other acceptable tax ID number) is correct and that You are not subject to backup withholding taxes.

Foreign persons might be subject to U.S. income tax on income they receive from U.S. sources. If You are a “Foreign Person” as defined by the IRS, a signed and completed IRS Form W-8 (aka W-8BEN) must be submitted to FB in order for You to claim a reduced rate of, or exemption from, withholding as a resident of a foreign country with which the United States has an income tax treaty.

For more information, please contact Us or speak to a qualified tax professional.

Termination Provisions

In the event that You breach any of the terms of this or any other agreement with FB, FB shall have the right to terminate Your account without further notice, in addition to FB’s other rights at law and/or equity.

This agreement shall terminate 30 days after receipt of written notice of termination given by either party.

Termination Due to Death or Disability

This Agreement will immediately terminate upon Affiliate’s (Your) death or disability. In the event of Affiliate’s termination due to death or disability, Affiliate, or Affiliate’s heirs, personal representatives or estate, as the case may be, will be entitled to receive only the accrued unpaid fees earned up to and including the date of death or disability. All other FB obligations to Affiliate pursuant to this Agreement will become automatically terminated and completely extinguished. In addition, neither Affiliate nor Affiliate’s heirs, personal representatives or estate will be entitled to receive future fees or other benefits described elsewhere herein.

FB Trademarks

For the purposes of the T&Cs, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by FB.

Nothing contained herein grants or shall be construed to grant You any rights to use any FB Trademarks.

You agree that You will not use FB’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or FB. Nor will You contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of FB Trademarks or the Trademark rights claimed by FB.

You agree that You will not use any FB Trademarks or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, as part of a blog name or social media handle or channel, or as a metatag, keyword, or any other type of programming code or data.

You may not at any time, adopt or use, without FB’s prior written consent any word or mark which is similar to or likely to be confused with FB’s Trademarks.

The look and feel of the FB Websites, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of FB and may not be copied, imitated or used, in whole or in part, without the prior written consent of FB.

You may not frame or hotlink to the FB Websites or to any item of Content other than through the Special Links provided without the prior written consent of FB.

All rights in and to FB’s Trademarks not expressly granted to You hereunder are reserved by FB.

Representations and Warranties

You represent and warrant that:

You have the full right, power and authority to enter into this agreement and to fully perform all of Your obligations hereunder.

You are under no legal disability or contractual restriction that prevents You from entering into this agreement.

You are at least 18 years of age.

There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect You or which might in any way impair Your ability to honor the T&Cs agreed by You hereunder.

You will not transmit unsolicited e-mails or engage in so-called “spamming” to publicize or promote Your relationship with FB in any manner whatsoever.

Except as provided herein, You will not advertise or otherwise publicize Your relationship with FB, nor will You use FB’s Trademarks through the use of search engine advertising and/or marketing, without FB’s express written permission.

You acknowledge that such advertising and/or marketing might infringe on the intellectual property rights of FB and/or third parties. In addition to its other rights and/or remedies under the T&Cs, FB shall be under no obligation to pay You any compensation if You violate the terms of this subparagraph.

FB represents and warrants that:

It has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder.

Upon making or learning of any claim that is inconsistent with any of the warranties or representations made by You, FB may send You written notice of such claim, using the e-mail address provided by You to FB, specifying the details of the claim as then known to FB.

Pending the determination of such claim, FB may withhold from fees and/or other compensation due to You hereunder, such sums as are reasonably related to the probable value of the claim as determined by FB. You will cooperate fully with FB in the defense of any such claims. You may participate in the defense of any claim through counsel of Your selection at Your own expense.

Confidentiality

By submitting Your Affiliate application to FB, You acknowledge that You will acquire certain confidential and proprietary information, including but not limited to fee rates, payments and earnings data (collectively, “Confidential Information”). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential.

Indemnification

You agree to indemnify and hold FB, its owners, subsidiaries, affiliates, directors, officers, and employees harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys’ fees and disbursements) arising out of any breach or claimed breach of any of Your representations or warranties or any of Your obligations under the T&Cs. You will only be liable for any incidental, consequential, or special damages in the case of third party claims.

FB shall indemnify and hold You harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys’ fees and disbursements) arising out of any breach or claimed breach of any of FB’s representations or warranties or any of FB’s obligations pursuant to the T&Cs. FB will only be liable for incidental, consequential, or special damages in the case of third party claims.

If FB is the indemnifying party, it shall defend such claims, control litigation, and settle claims in its sole discretion. If a settlement creates a financial obligation for You, it shall require Your written consent, which You will not unreasonably withhold or delay. If You are the indemnifying party, FB shall have the right but not the obligation to assume control of any litigation.

When indemnification is sought due to a legal claim by a third party, the indemnified party shall:

Promptly notify the indemnifying party of the claim. If the indemnified party does not notify the indemnifying party, the indemnifying party must still meet its indemnification obligations under the T&Cs, unless the failure to notify causes material prejudice to the indemnifying party, and:

Give the indemnifying party the opportunity to defend the claim with counsel reasonably acceptable to the indemnified party. Counsel that is acceptable to indemnifying party’s errors and omissions insurance carrier shall be deemed to be acceptable to indemnified party. The indemnified party agrees to cooperate with the indemnifying party in the defense of any claim, at the indemnified party’s expense. If for any reason the indemnifying party does not elect to or fails to defend a claim, the indemnified party may do so at the indemnifying party’s sole expense.

Miscellaneous

The relationship of the parties is that of independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties.

The T&Cs contains the entire understanding of the parties with respect to the subject matter covered herein and supersede any prior agreements with respect to such subject matter.

Representation of Comprehension of Document
In entering into this Agreement, You and FB respectively represent that it has relied upon the legal advice of its own attorneys/advisors, and that the terms of this Agreement have been completely read and explained to it by its attorneys/advisors, and that those terms are fully understood and voluntarily accepted by it. You and FB acknowledge this Agreement shall not be deemed to be prepared or drafted by one Party or another and waive the provisions of C.C.P. §1654.

The validity, interpretation and enforcement of the T&Cs, matters arising out of or related to the T&Cs or its making, performance or breach, and related matters shall be governed by the internal laws of the State of California (without reference to choice of law doctrine).

A material condition of the T&Cs is the agreement to arbitrate. Any and all disputes arising out of, under or in connection with the T&Cs involving Two Thousand Five Hundred One Dollars ($2,501) or more, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Ventura, California, pursuant to the rules of the American Arbitration Association in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. You agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. You consent to service of any required notice or process upon You by registered mail or overnight courier with proof of delivery. Any dispute involving Two Thousand Five Hundred Dollars ($2,500) or less may be submitted without arbitration to the Small Claims Court of Western Ventura County. You shall pay all arbitration and court costs, reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of FB.

Any other legal action or proceeding concerning the validity, interpretation and enforcement of the T&Cs, matters arising out of or related to this T&Cs or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of California in the County of Ventura or of the United States of America for the Southern District of California, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. You consent to service of any required notice or process upon You by registered mail or overnight courier with proof of delivery. You shall pay all court costs, reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of FB.

If any individual term of the T&Cs is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the T&Cs, so that the T&Cs shall otherwise remain in full force and effect. The T&Cs shall be binding upon and shall inure to the benefit of each party and their respective legal representatives, successors in interest and permitted assigns.

FB will not be liable for any damages, including actual, indirect, special, or consequential damages arising from Your Affiliate actions, and, or, other activities, and, or, the termination of Your Affiliate Account.

You and FB expressly agree that this version of the Affiliate’s Agreement is interim in nature and intended to cover the “Beta Test” period of operational development. You and FB expressly agree and acknowledge that You will replace this version with a future version and that You will negotiate any changes between these versions in good faith and with the understanding that time is of the essence in such negotiations.

Disclaimers

THE AFFILIATES PROGRAM, THE FANBEACH.COM SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE FANBEACH.COM SITE, ANY SPECIAL LINKS, LINK FORMATS, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, OUR AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS AND LOGOS (INCLUDING THE FANBEACH.COM MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE AFFILIATES PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE SERVICE OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATES PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE AFFILIATES PROGRAM. NOTHING IN THIS SECTION WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Agreement

By clicking the checkbox next to the text which reads, “Please Confirm Your Agreement To These Terms,” and then clicking the button labeled “REGISTER”, You are indicating that the FanBeach.com Affiliate’s Agreement and Terms & Conditions Beta Test Interim Version is (are) agreed to and accepted effective this date in Ventura, California.