Club Partner Rebate Program
Terms of Service
By signing up to be a program affiliate (“partner club” or “partner” or “club”) in the RibbonSport Club Partner Program (“Program”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). RibbonSport reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new online tools and club resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at ribbon.moderndesignmedia.net.
Program Overview
RibbonSport designs and sells casual apparel for girls, teens, and women in gymnastics, cheer, dance, rhythmic and other sports. RibbonSport partners with gyms and clubs. When athletes, parents, or club members buy clothes or other purchases at RibbonSport.com, partners receive rebates on the sales.
Samples Kits (Four per Year)
RibbonSport sends partners sample kits of fun clothes periodically during year (“sample kits” or “samples” or “kits”). The samples kits contain professionally packaged samples of new clothes intended for use by athletes, coaches or others in the partner clubs (“club members”). These packages are sent seasonally throughout the year. The current schedule is four times per year; this frequency is subject to change without notice. The samples kits are organized around times like back-to-school, holidays, or springtime/competition season.
Showing Clothes to Club Members
A partner club agrees that a club owner, coach, pro shop, or booster club rep will show the clothes samples to club members to help them decide what items they want to purchase. The methods of presenting the clothes to club members will be at the discretion of the club. However, RibbonSport will provide suggested approaches such as a series of brief after-class trunk shows covering most relevant club members coupled with the distribution of item checklists for use by club members. RibbonSport will suggest approaches which help increase club members’ fun and excitement and interest in the clothes. RibbonSport strongly suggests but does not mandate the use of these approaches in order to help partner clubs maximize their program success.
Online Ordering with Club Code
Club members, parents or others place orders for clothes online at ribbon.moderndesignmedia.net. RibbonSport will provide each partner club a unique order tracking code (“club code” or “gym code”). During a transaction the buyer will enter both a club name as well as a club code. RibbonSport uses the club code or name to track which orders are associated with each specific partner club. Either the code or club name is sufficient for tracking in the event that an online customer forgets or does not have access to the code. RibbonSport ships clothes or other online purchases directly to club members or other ordering customers. Club partners are not required to take orders, process payments, maintain inventory, or distribute purchased items.
Rebates to Partner Clubs
RibbonSport give rebates to partner clubs based on the orders its club members make. Rebates are calculated based on the total revenue associated with a club for each sample kit not including taxes or shipping and net of returns. The rebate schedule is as follows:
Sales from Sample Kit Club Partner Rebate
under $2000 20% of total sales
$2000-4000 25% of total sales
over $4000 30% of total sales
Revenue associated with a club is calculated separately for each sample kit during the year.
Timing for Ordering
For each kit RibbonSport sends to clubs, there will be a cutoff date by which orders related to that kit must be placed by club members in order for the club to receive credit for the revenue in the rebate calculation. The time from when sample kits are shipped to the cutoff date is termed the ordering cycle for the kit (“ordering cycle”). For example, suppose a kit for Christmas/Holidays were shipped to a club on November 15 and orders from club members for that kit needed to be placed online by December 15 (example only) to be included in the club’s rebate calculation for that kit. In that example, the ordering cycle would be November 15 to December 15. The dates and ordering cycle duration will be unique for each kit, but this might typically be four to six weeks.
Timing of Rebate Payment to Clubs
When the ordering cycle for a kit is closed, RibbonSport will calculate for a club partner the rebate to which the club is entitled. RibbonSport will provide the club a detailed report on all purchases associated with club during the ordering cycle so the club will have a thorough understanding of how rebates are calculated. RibbonSport will provide rebate payment to a club partner within four weeks of the close of an ordering cycle. Rebate payments from RibbonSport to a club partner will be made via check payable to gym, club, or booster organization registered as the RibbonSport partner, unless other custom arrangements are made with RibbonSport.
Samples Returns
Samples kits are provided to clubs free of charge. Samples must be returned in good condition to RibbonSport within one week of the close of an ordering cycle. RibbonSport provides a shipping label for the return shipment. If a club wishes to keep the samples, the club must inform RibbonSport at the close of the ordering cycle. The club will be permitted to keep the samples from a kit for 60% of the current retail price. This total price for the all samples kept by the club will be deducted from the club’s rebate for that ordering cycle. If more than one sample kit is sent to a club in a given ordering cycle, samples may be kept from up to two kits, and all other samples must be returned.
Partner Club Terms
As an individual you must be 18 years or older to be part of this Program.
You and your gym or club must provide your full name, a valid email address, and any other information requested in order to complete the registration process.
You may not use the program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Policies
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. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise)
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you agree to cease use of all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. RibbonSport reserves the right to end the Program at any time. RibbonSport in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, for any reason at any time.
Relationship of Parties
You and we are independent contractors. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this program.
Limitations of Liability
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.
Disclaimers
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 ribbon.moderndesignmedia.net will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. The failure of RibbonSport to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and RibbonSport and govern your use of the Program, superseding any prior agreements between you and RibbonSport.