This Operating Agreement outlines the complete terms of becoming an Athletic Advantage Affiliate. This Affiliate Program allows you to promote our product(s) on your website via a banner and hyperlink to our site. Customers that are referred by your link will earn you a commission on each sale.

In the following Operating Agreement “we” or “our(s)” refers to Pinnacle Athletics and “you” or “yours” refers to your site, business or personal entity. Reading this agreement and/or applying as an Athletic Advantage Affiliate implies acceptance of these terms.

To begin the enrollment process, you will fill out the Athletic Advantage Affiliate Form on our website. Upon submission we will review your application and contact you within 72 hours with your acceptance status. We reserve the right to decline Affilate status to any business upon our sole discretion. Any site which contains the following would be grounds for rejection of your application:

Promotes sexually explicit material
Promotes violence
Promotes discrimination based on race, sex, age, sexual orientation, disability or religious background
Promotes illegal activities of any kin

If you are rejected, you are free to reapply at any time. If we have approved your application but at a later time determine your site or business to be unsuitable for our product(s) we may terminate this agreement at any time.

All materials included in the Athletic Advantage System, on our website or any advertising material is the sole property (intellectual or otherwise) of Pinnacle Athletics and its owner. Any use of any material from Pinnacle Athletics without prior written consent will result in termination of your agreement and possible legal action to the full extent of the law. Illegal distribution, copying or reselling of the Athletic Advantage System outside of this agreement is not allowed.

3.    Link on Your Site

Upon completion of the registration process, you will receive an email within 24 hours informing you whether you have been approved or not. If approved, you will receive information in the email identifying your password, your user name and a link to the affiliate management center. You must access the html codes and paste them onto your site. The codes are specific to your website.

4.    Tracking Sales

Upon completion of the 2 part registration process, you will receive an email identifying your password, your user name and a link to the affiliate management center. There you can track the number of hits your site has generated and the number of sales along with commissions due to you.

5.    Order Processing

We will process Product orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service.

6.    Referral Fees

We will pay you commission fees on Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site to our site, and purchase said product during a session. The session ends upon one of the following events: (a) the customer orders the Product(s), or (b) the customer leaves our site without activity. We will only pay referral fees on such Products after order, payment and shipping have occurred.

We will not, however, pay referral fees on any Products that are purchased after the customer has reentered our site through our direct entry url www.AthleticAdvantage-Online.com , as determined by us, even if the customer previously followed a link from your site to our site. It is important that you encourage purchases as they visit your site.

You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives, or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. Products that are eligible to earn referral fees under the rules set forth above are referred to as "Qualifying Products."

In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your site to access our site); (b) post any Special Links on any Web site or other platform that is accessible through any Internet Access Appliance; (c) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (d) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (e) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (f) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; or (g) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.

We do not provide 2 tiered commission structures.

6.    Referral Fee Structure

You will earn referral fees based on Qualifying Revenues according to referral fee structures to be established by us. "Qualifying Revenues" are revenues derived by us from our sales of Qualifying Products, excluding costs for shipping, handling, gift-wrapping, taxes, returns and bad debt.

The current referral fee structure is 25% of the current price of the product from the sale of each product sold and 5% of 2nd-tier sales.

7.    Referral Fee Payment

We will pay you referral fees on a quarterly basis. Approximately 10 days following the end of each calendar month, we will send you a check for the referral fees earned. However, if the referral fees payable to you for any calendar month are less than $50, we will hold payment until the total amount due is at least $50 or (if earlier) until this Agreement is terminated. In calculating referral fees, we will deduct the corresponding referral fee from your next monthly payment if a product that generated a referral fee is returned by the customer. If there is no subsequent payment, we will send you a bill for the referral fee.

8.    Policies and Pricing

Customers who buy products through this Program will be deemed to be customers of AthleticAdvantageOnline.com. Accordingly, all AthleticAdvantageOnline.com rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you already have listed on your site, you may not include price information in your Product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

9.    Responsibility of Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

the technical operation of your site and all related equipment
creating and posting Product descriptions on your site and linking those descriptions to our catalog
the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials)
ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
ensuring that materials posted on your site are not libelous or otherwise illegal
ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

The terms of this agreement will take effect when we have accepted your application as a Reseller. This agreement is subject to change at our sole discretion and can be terminated by either party (you or us) at any time with or without prior notification or cause. Upon termination of this agreement, you will remove any links, images or offers affiliated with Pinnacle Athletics or the Athletic Advantage System.

Any fraudulent or dishonest action or activity on your part with respect to this agreement will cause immediate termination of this agreement and your affiliate account will be deactivated. You will only be compensated through our affiliate program up to the point at which our agreement is terminated.

The terms of this agreement may be modified at any time by us. Notification of changes may or may not be given, however, no changes will take effect until either we notify you of said changes OR they have been posted in this Terms Of Agreement page as either a notice or a reposting of new terms. Price changes are the most likely change of terms in the future.

You and Us are considered independent contractors with respect to each other and this agreement. No part of this agreement implies an employer employee relationship, joint venture, partnership or any other business relationship beyond independent contractors. You have no authority to make decisions of any kind on our behalf and will not do so under any circumstance. This includes but is not limited to modification of guarantee or warranty of our product(s), special package deals in the sale of our product(s) or making promises about our product without prior expressed, written consent from Pinnacle Athletics.

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

It is the sole responsibility for you, as the company and payee, to manage any and all taxes as they pertain to your current business set up.

You are responsible for reading this entire terms of agreement. By submitting an Affiliate form you are acknowledging that you have read, understand and accept this entire terms of agreement.