Pickleball Travelers Club Affiliate Program Agreement

Last Updated: June 29, 2025

This Pickleball Travelers Club Affiliate Program Agreement (the "Agreement") contains the complete terms and conditions that apply to your participation as an affiliate in the Pickleball Travelers Club Affiliate Program (the "Program"). This Agreement is a legally binding contract between you, the Affiliate, and Pickleball Travelers Club ("Company," "we," "us," or "our").

By submitting an application to and participating in the Program, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. Please read it carefully.

1. Definitions

  • "Company" / "Pickleball Travelers Club" / "We" / "Us" / "Our": Refers to Pickleball Travelers Club, the owner and operator of the Pickleball Travelers Club Affiliate Program.

  • "Affiliate" / "You": Refers to the individual, group, facility, instructor, organizer, or business applying to or participating in the Program.

  • "Program": Refers to the Pickleball Travelers Club Affiliate Program governed by this Agreement.

  • "Website": Refers to the primary website of Pickleball Travelers Club, currently located at www.pickleballtravelersclub.com.

  • "Personalized Code": A unique code provided by Pickleball Travelers Club to the Affiliate that customers must use during their booking or purchase to attribute the referral to the Affiliate.

  • "Commission": The percentage or fixed amount of revenue earned by the Affiliate for a Qualified Referral, as defined herein.

  • "Qualified Referral": A new customer who uses the Affiliate's Personalized Code during a valid booking or purchase on the Company's Website, and meets all other criteria specified in Section 4.2.

  • "Affiliate Page": The public-facing page summarizing the Affiliate Program, located at www.pickleballtravelersclub.com/affiliate-program.

2. Enrollment in the Program

2.1 Application: To become an Affiliate, you must complete and submit the online Affiliate Program application found on the Affiliate Page. We reserve the right to accept or reject any application for any reason, at our sole discretion. We may reject applications for various reasons, including but not limited to:

  • Websites/platforms that promote sexually explicit materials, violence, discrimination, or illegal activities.

  • Websites/platforms that violate intellectual property rights.

  • Websites/platforms that are under construction or incomplete.

  • Any other reason deemed inappropriate by Pickleball Travelers Club.

2.2 Acceptance: If your application is accepted, you will receive notification and your unique Personalized Code, and marketing materials. Your acceptance into the Program does not create any employer-employee relationship.

3. Affiliate Responsibilities

3.1 Independent Contractor Relationship:

The relationship between Pickleball Travelers Club and the Affiliate is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate shall have no authority to make or accept any offers or representations on behalf of Pickleball Travelers Club. The Affiliate is solely responsible for the operation and management of their own business and marketing activities.

3.2 Tax Obligations:

a. U.S. Affiliates:

  • In compliance with U.S. tax laws, if a U.S. resident Affiliate earns $600 or more in nonemployee compensation within a calendar year through the Program, Pickleball Travelers Club is required to collect certain tax information from the Affiliate. This will be done via IRS Form W-9, Request for Taxpayer Identification Number and Certification. The Affiliate agrees to provide accurate and up-to-date information on this form.

  • Pickleball Travelers Club will report the total payments made to U.S. Affiliates who meet the $600 threshold to the Internal Revenue Service (IRS) using Form 1099-NEC, Nonemployee Compensation. A copy of this form will also be provided to the Affiliate by the statutory deadline (currently January 31st of the following year).

  • The Affiliate acknowledges that they are solely responsible for reporting all income received from the Program on their federal, state, and local tax returns and for paying all applicable taxes, including income tax and self-employment tax. Pickleball Travelers Club will not withhold any taxes from payments made to U.S. Affiliates.
    b. International Affiliates:

  • Affiliates who are not U.S. residents may be required to complete and submit IRS Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals) or the appropriate W-8 series form. This form helps establish your foreign status for U.S. tax purposes.

  • Tax regulations for international affiliates can vary significantly based on tax treaties between the U.S. and the Affiliate's country of residence. It is the Affiliate's sole responsibility to understand and comply with all applicable tax laws in their country of residence and any relevant U.S. tax regulations. Pickleball Travelers Club may be required to withhold taxes from payments to international affiliates in certain circumstances as mandated by U.S. law.

3.3 Legal Compliance & Prohibited Activities:

The Affiliate agrees to conduct all promotional activities in a legal and ethical manner and in compliance with all applicable federal, state, and local laws, regulations, and guidelines. This includes, but is not limited to, laws related to advertising, marketing, email marketing (e.g., CAN-SPAM Act), data privacy (e.g., GDPR, CCPA if applicable to your audience), and consumer protection (e.g., FTC Endorsement Guides).

The Affiliate shall NOT engage in any misleading, deceptive, unethical, or illegal advertising or promotional practices, including but not limited to:

  • Spamming: Sending unsolicited emails or messages.

  • Misleading Claims: Making claims about Pickleball Travelers Club products or services that are not explicitly authorized by us.

  • Misuse of Personalized Codes: Distributing Personalized Codes in a manner that encourages unethical or prohibited practices, such as posting codes on coupon sites unless explicitly permitted.

  • Negative Marketing: Engaging in any activities that could harm the reputation or goodwill of Pickleball Travelers Club.

  • Illegal Content: Promoting or linking to illegal content, products, or services.

3.4 Accurate Representation & Disclosure:

The Affiliate warrants that all information they provide about Pickleball Travelers Club's travel packages, services, or products will be accurate, truthful, and not misleading. The Affiliate shall not make any claims or guarantees about the products or services that are not explicitly authorized by Pickleball Travelers Club.

The Affiliate must clearly and conspicuously disclose their financial relationship with Pickleball Travelers Club in all promotional materials where such disclosure is required by law (e.g., FTC Endorsement Guides in the U.S.). This disclosure should be easy for consumers to see and understand.

3.5 Use of Brand Assets:

The Affiliate may use the marketing materials, logos, and trademarks provided by Pickleball Travelers Club solely for the purpose of promoting the Program. All usage must comply with the brand guidelines provided by Pickleball Travelers Club. The Affiliate may not modify our logos or trademarks in any way without prior written consent. All intellectual property rights remain with Pickleball Travelers Club.

4. Commission Structure and Payouts

4.1 Commission Rate: Commissions are earned per Qualified Referral based on the following structure:

  • $50 for a single registrant.

  • $100 for a single registrant who pays in full.

  • $100 for a couple that registers.

  • $150 for a couple that pays in full.
    Pickleball Travelers Club reserves the right to change the commission rates at any time with prior notice to Affiliates.

4.2 Qualified Referral: A "Qualified Referral" means a new customer who:

  • Uses the Affiliate's unique Personalized Code during a valid booking or purchase on the Company's Website.

  • Has not previously been a customer of Pickleball Travelers Club.

  • Does not cancel their booking or request a refund within the designated refund period.

  • Payment for the booking has been fully processed and confirmed.

4.3 Payment Schedule: Commissions will be paid out on a monthly basis, approximately 30 days after the end of the month in which the Qualified Referral occurred (e.g., commissions earned in January will be paid by the end of February). Payments are subject to verification and approval by Pickleball Travelers Club.

4.4 Minimum Payout Threshold: The minimum payout threshold is $50. If your earned commissions in a given payout period do not meet this threshold, they will roll over to the next period until the threshold is met.

4.5 Payment Methods: Payments will be made via PayPal, direct bank transfer (for U.S. affiliates), other specified international payment methods. Affiliates are responsible for providing accurate payment information and for any fees associated with receiving payments (e.g., PayPal fees, international bank transfer fees).

4.6 Chargebacks and Returns: In the event of a customer chargeback, refund, or cancellation for a booking that generated a commission, the corresponding commission payment will be reversed or deducted from future earnings.

5. Tracking and Reporting

5.1 Tracking Method: Pickleball Travelers Club will track Qualified Referrals primarily through the use of unique Personalized Codes. Customers must use the Affiliate's Personalized Code at the time of booking or purchase for the referral to be attributed to the Affiliate.

5.2 Reporting: Affiliates will have access to an online dashboard providing reports on referrals attributed via their Personalized Codes and earned commissions. These reports are updated periodically and are provided for informational purposes.

6. Termination

6.1 Termination by Affiliate: The Affiliate may terminate this Agreement at any time by providing written notice to Pickleball Travelers Club.

6.2 Termination by Pickleball Travelers Club: Pickleball Travelers Club may terminate this Agreement and your participation in the Program immediately, with or without cause, at any time. Reasons for termination may include, but are not limited to:

  • Breach of any terms or conditions of this Agreement by the Affiliate.

  • Engagement in fraudulent or illegal activities.

  • Inactivity in the Program for an extended period (e.g., 6 months without a Qualified Referral).

  • Any activity that Pickleball Travelers Club deems harmful to its brand, reputation, or business interests.

6.3 Effect of Termination: Upon termination, the Affiliate must immediately cease all use of their Personalized Code and any Pickleball Travelers Club brand assets. Any earned and undisputed commissions above the minimum payout threshold will be paid out during the next regular payment cycle, provided the termination was not due to a breach of this Agreement or fraudulent activity by the Affiliate. In cases of breach or fraud, all unpaid commissions may be forfeited.

7. Confidentiality

During the course of your participation in the Program, you may be exposed to confidential and proprietary information belonging to Pickleball Travelers Club. You agree to keep all such information confidential and not to disclose it to any third party or use it for any purpose other than fulfilling your obligations under this Agreement. This includes, but is not limited to, non-public information about our pricing, marketing strategies, and customer data.

8. Disclaimers and Limitations of Liability

8.1 No Guarantees: Pickleball Travelers Club makes no express or implied warranties or representations with respect to the Program or any products or services sold through the Program (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). We make no guarantee that the operation of the Website or the use of Personalized Codes will be uninterrupted or error-free.

8.2 Limitation of Liability: Pickleball Travelers Club will not be liable for any indirect, special, incidental, punitive, or consequential damages (including, without limitation, 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. Furthermore, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total Commissions paid or payable to you under this Agreement in the twelve (12) months preceding the event giving rise to such liability.

9. Indemnification

The Affiliate agrees to indemnify, defend, and hold harmless Pickleball Travelers Club, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • The Affiliate's participation in the Program.

  • The Affiliate's breach of any terms or conditions of this Agreement.

  • Any failure by the Affiliate to comply with applicable laws, regulations, and tax obligations.

  • Any misleading, false, or unauthorized representations made by the Affiliate.

  • Any content on the Affiliate's website or platform.

10. Governing Law and Dispute Resolution

10.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of laws principles.

10.2 Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Austin, Texas, United States. The decision of the arbitrator shall be final and binding upon both parties, and judgment may be entered thereon in any court having jurisdiction.

11. Modification of Agreement

Pickleball Travelers Club reserves the right to modify, amend, or update any terms and conditions of this Agreement at any time, at its sole discretion. Any changes will be effective immediately upon posting the revised Agreement on our Website and updating the "Last Updated" date. It is the Affiliate's responsibility to regularly review the Agreement for changes. Your continued participation in the Program after such modifications constitutes your acceptance of the updated terms.

12. Entire Agreement

This Agreement constitutes the entire agreement between the Affiliate and Pickleball Travelers Club concerning the Program and supersedes all prior agreements, discussions, negotiations, and understandings, whether oral or written.

13. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall not be affected thereby and shall remain in full force and effect.

14. Assignment

The Affiliate may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Pickleball Travelers Club. Pickleball Travelers Club may assign this Agreement at any time without notice.

15. Acknowledgement

By submitting your application to and participating in the Pickleball Travelers Club Affiliate Program, you expressly acknowledge that you have read this Agreement and understand the terms, conditions, obligations, and responsibilities set forth herein.

Pickleball Travelers Club

Randall Wood, Owner

[Your Company Address]

[Your Company Email for Affiliate Program Inquiries]