Splash Sports Commissioner Rewards Program

The Splash Sports Commissioner Rewards Program (the “Program”) allows you, our loyal user, to receive rewards for creating and organizing contests on Splash Sports and referring new users to play on Splash Sports.

These terms and conditions (“Terms and Conditions”) apply to, and govern, your participation in the Program, including how you can market and promote the Program. In addition to the Terms, all Program activity is governed by the applicable Splash Sports Terms of Use available by clicking here (“Terms of Use”) and the Splash Sports Privacy Policy available by clicking here (the “Privacy Policy”). As detailed in the Splash Sports Terms of Use and Privacy Policy, you agree to, among other things, certain provisions regarding intellectual property, confidentiality, disclaimer of warranties, and limitation of liability relating to your use the website https://www.SplashSports.com and Splash Sports mobile applications (collectively “Splash Sports”).

1. Acceptance and Modifications to the Program Terms and Conditions  

Every time you create and/or organize a Paid Contest on Splash Sports or otherwise participate in the Program, you agree to be bound by these Terms and Conditions as may be amended from time to time by Splash Sports in its sole discretion. A new binding agreement between you and Splash Sports is created each time you create and/or organize a Paid Contest or otherwise participate in the Program. Therefore, every time you create and/or organize a Paid Contest or otherwise participate in the Program, you should read these Terms and Conditions carefully.

You will be bound by such amended Terms and Conditions after such changes are posted on Splash Sports and you create and/or organize a Paid Contest otherwise participate in the Program. Therefore, you should regularly check and review the Terms and Conditions. Your continued participation in the Program shall be deemed to attest to your agreement to the Terms any amendments to the Terms and Conditions. In the event you do not agree to any changes to these Terms and Conditions, you must stop participating in the Commissioner Rewards Program and stop creating and/or organizing Paid Contests.

You confirm that you have read the Terms and Conditions, have had an opportunity to consult with your own legal advisors if so desired, and agree to all of its terms and conditions. You confirm that you have independently evaluated the desirability of participating in the Program and you are not relying on any representations, guarantee or statement other than as set forth in these Terms and Conditions or any other marketing materials.

Splash Sports reserves the right to suspend, modify, and/or cancel the Program or any promotion related to the Program at any time in its sole and absolute discretion, for any reason or no reason, at any time, with or without notice to you.

The Terms and Conditions and the Program are subject to all other rules, terms and conditions, policies, and notices applicable to Splash Sports and the Program, including, without limitation, any terms related to the Program or a specific Program promotion that are posted on or through the Splash Sports website and/or mobile applications or that are otherwise communicated to you.

2. Additional Program Rewards, Bonuses and Promotions

Splash Sports may, from time to time, offer additional rewards, bonuses and promotions (“Promotions”) for its users and commissioners.

In the event of conflict between any Promotion terms and conditions and the Program Terms and Conditions, the Program Terms and Conditions shall prevail.

3. Definitions Applicable to the Program

1. Commissioner shall mean a user who creates and/or organizes a private paid contest on Splash Sports through the create a contest link. 
2. Eligible Commissioner shall mean a Commissioner who satisfies all Program eligibility requirements set forth in Section 4. Program Eligibility.
3. User or Player shall mean any person that has a Splash Sports account or is using the Splash Sports website or mobile applications.
4. Entry Fee shall mean the fee paid by a user to enter a paid contest.
5. Paid New User shall mean a new user who makes a first time deposit and joins a paid contest on the Splash Sports as a direct result of Commissioner’s promotion of the Splash Sport Platform and contests.
6. Paid Contest shall mean any contest offered on the Platform with an entry fee of at least $1.
7. Free contest shall mean any contest offered on the Platform for which no fee is required for entry.
8. Collected Entry Fee shall mean the total amount of fees collected from players entering a Splash Sports contest.
9. Private Contest shall mean a contest that is created by an individual Commissioner (not Splash Sports) who chooses contest settings and controls contest entry.
10. Public Contest shall mean a contest that is discoverable by all users, open to all users, promoted by Splash Sports and offers a guaranteed prize. Only Splash Sports and approved individuals or partners may create public contests.
11. Reward or Bonus shall mean cash, Splash Cash, Splash Credit or the equivalent that is deposited by Splash Sports into the Eligible Commissioner’s Splash Sports account as a result of participation in the Program.
12. Splash Cash or Splash Credit shall mean an amount equivalent to USD that may not be withdrawn by the user immediately but may be used to pay an entry fee to enter into a Splash Sports Paid Contest.
13. Commissioner Tier shall mean the classification of the Eligible Commissioner under the Program. This classification will govern the Rewards and/or Bonuses available to the Eligible Commissioner for referring Paid New Users, contest creation and size, or other Promotions.
    

4. Program Eligibility

In order to participate in the Program as a Commissioner, you must (i) have an active Account on Splash Sports; (ii) not be voluntarily or involuntarily excluded from play on Splash Sports; (iii) not be included on any jurisdiction-wide gaming or daily fantasy sports exclusion list; (iv) not be temporarily or permanently banned from playing on the Splash Sports website or mobile application; (v) maintain your Splash Sports account; and (vi) you must affirmatively opt-in to the Program via the Splash Sports website, mobile applications or by contacting Splash Sports directly. You must at all times abide by and satisfy all requirements in these Terms and Conditions and any additional terms for a specific Promotion while participating in the Program. In the event you are found to be ineligible to play on Splash Sports, you immediately forfeit any Bonuses or Rewards that have been awarded.

Further, you hereby represent and warrant that you are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions and to abide by and comply with the same.

You hereby represent and warrant that you satisfy the eligibility requirements as set forth in Section 3 of the Splash Sports Terms of Use.  

Splash Sports reserves the right to reject or revoke the Program eligibility of any user, in its sole discretion. 

4.1. Paid Promoters and Affiliates  

Paid promoters and affiliates, which shall include any individual or entity that has entered into a contractual relationship with Splash Sports or any of its parent companies or affiliates, shall not be eligible to participate in the Commissioner Rewards Program.

5 Eligible Commissioner Rewards  

Eligible Splash Sports commissioners who create and/or organize contests on Splash Sports shall be eligible to receive a cash reward of 5% of all Collected Entry Fees for their contests, no matter the entry fee or contest size.  

6. Program Terms and Rules

1. Splash Sports records with respect to who is credited for referring a Paid New User, who gets the Reward or Bonus for that Paid New User, and total Collected Entry Fees for each user or contest shall be final and binding.
   
2. Splash Sports is not liable for any computer or program malfunctions or errors in the Program or calculation of Rewards or Bonuses.
   
3. Splash Sports reserves the right to exclude certain customers from the Program, as well as the right to withhold the Reward or Bonus in the event Splash Sports in its sole discretion, for any reason or no reason, suspects any actions related to the Program or any Promotion are fraudulent or, at Splash Sports’ sole and absolute discretion, for any reason or no reason, Splash Sports determines that your or the referred Paid New User’s actions are in violation of the site Terms of Use or Privacy Policy, including, without limitation, sharing account credentials with other individuals, placing contest entries on behalf of other individuals, circumventing Splash Sports’ age and location verification procedures, and/or abusing the website, mobile applications or Program in any way.
   
4. Splash Sports reserves the right to refuse service to any potential user and to close the account of any user, at any time, at our sole discretion.
   
5. In the event, in Splash Sports sole discretion, for any reason or no reason, we suspect any fraud or violations of the Terms and Conditions, the site Terms of Use or the Privacy Policy, Splash Sports may, in its sole discretion, void, delay, withhold, and/or require you to return any Bonus and/or Reward previously awarded to you. Splash Sports is not obligated to pay to you and may withhold Bonus and/or Reward(s), may void any Bonus and/or Reward(s), or require the return of any Bonus and/or Reward in the event you and/or your referred New Paid User(s) commits fraud, shares account credentials, makes deposits or places entries on behalf of other individuals, circumvents Splash Sports age and location verification procedures, or abuses the website, Splash Sports services, any Bonus and/or Reward, the Program, or any other offers or Promotions offered by Splash Sports, or in any way or otherwise violate these Terms and Conditions, the site Terms of Use or the Privacy Policy.
   
6. You shall comply with all applicable laws, and any policy, terms, or conditions provided to you by Splash Sports in relation to money laundering and/or the proceeds of crime.
   
7. All taxes due in connection with any Bonus and/or Reward distributed to you are your sole liability. You are solely responsible for paying all federal, state, local, and other taxes associated with your Bonus and/or Reward in accordance with the laws that apply in your local, state, province, and/or country of residence.

7. Self-managed contests are for entertainment purposes only.

Splash Sports self-managed contests were created with the goal of allowing our commissioners and users to continue to play certain fantasy leagues and contests for entertainment purposes only. Splash Sports is not to be used as a tool to aid gambling. Any money collected or paid by Commissioners running self-managed contests is not the responsibility of Splash Sports and if Splash Sports becomes aware of such activity, it may report it to the appropriate local, state or federal law enforcement and suspend or permanently ban such Commissioner.  

8. FTC Compliance; Marketing Activities and Responsibilities

You are solely responsible and liable for the content and manner of your referral marketing activities related to the Program, including all communications with users who enter Paid Contests that you may create and/organize as Commissioner. 

All such marketing activities must be professional, proper, and lawful under applicable rules, regulations, and laws, including any laws in relation to the content and nature of any advertising or marketing, (including, without limitation, the Endorsement and Testimonial Guidelines published by the United States Federal Trade Commission (the "FTC Guidelines")). Your content and manner of your referral marketing activities related to the Program must at all times comply with the Terms. For the avoidance of doubt, and without limiting your other legal and regulatory compliance obligations pursuant to this Agreement, you shall include within all pages, blogs, posts, social media posts, or other messaging all disclosure statements required by applicable laws, rules, and regulations, including, without limitation, the FTC Guidelines, as well as any other disclosures provided to you by Splash Sports or required by Splash Sports. All disclosure statements must comply with all applicable laws, rules, and regulations as well as all requirements provided or required by Splash Sports.

You shall not yourself, nor shall you authorize, assist, or encourage any third party to:

• Offer directly or indirectly to any player, person, or entity any consideration, reward, rebates, incentives, discounts, or any other benefit for becoming a Paid New User or entering a Paid Contest that you created and/or organized as Commissioner with the intent of returning a proportion of the referred Paid New User’s contest fees paid or winnings. Offering such reward schemes are strictly prohibited and will be considered as a breach of these Term and Conditions;
• Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Splash Sports by any other person;
• In any way alter, modify, redirect, interfere, suppress, or substitute the operation of any button, link, or other interactive feature on the website or mobile applications;
• Take any action or make any statements that could cause any confusion as to your relationship with Splash Sports or any other third party or as to the ownership or operation of Splash Sports;
• Register as a new user or make deposits to any account (directly or indirectly) for your own personal use and/or the use of your relatives, friends, employees, agents or advisors, or otherwise attempt to artificially increase the number of referred Paid New Users credited to you or Bonuses and/or Rewards payable to you, or in any other way attempt to defraud Splash Sports;
• Promote, describe, or advertise Splash Sports and/or Splash Sports products or services as illegal gambling or adult content, or promote or advertise, including, without limitation, posting Splash Sports and/or Splash Sports products or services on any illegal gambling, adult content, or hacker sites, or otherwise link to any illegal gambling, adult or hacker sites. Such adult content sites contain content that includes, without limitation, nudity, pornography, or sexually explicit or adult-related materials;
• Promote or advertise Splash Sports and/or Splash Sports daily fantasy products and services or send any daily fantasy related content or Promote or advertise Splash Sports and/or Splash Sports products and services, including, without limitation, sending any content or Promotions to any individual enrolled in a college or university either directly or indirectly via distribution methods or media that could reasonably be considered to target minors or any individual enrolled in a college or university;
• Implement any technique or technology that posts or serves any advertisements or promotional content around or in conjunction with the display of our websites (e.g., "framing" or pop-up windows);
• Use any form of unsolicited commercial e-mail (SPAM);
• Violate of the terms of service of or abusing social media websites such as Facebook, Twitter, Instagram, TikTok, or any and all others in connection with your marketing activities (for purposes hereof, "Abuse" shall mean spamming, sending any unsolicited mass mailing or instant messaging, using social media websites for commercial purposes);
• Seek to purchase or register (or purchase or register) any keywords, search terms or other identifiers that include the word "Splash Sports" or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service; Promote Splash Sports and/or its Paid Contests in a profane, obscene or unlawful manner. In addition, you shall not promote Splash Sports and/or its Paid Contests in any manner that could be reasonably construed as damaging to Splash Sports; or
• Promote any Private or Public Contest or incentivize referrals without explicit written permission from Splash Sports.

In the event Splash Sports determines, in our sole discretion, for any reason or no reason, that you have engaged in any of the foregoing activities or otherwise violated the Terms and Conditions, the site Terms of Use or Privacy Policy, Splash Sports may, in its sole discretion and without limiting any other rights or remedies available to Splash Sports, withhold, void, or require the return of any Rewards.

9. Indemnification

You agree to release and to indemnify, defend and hold harmless Splash Sports and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of Splash Sports, participation in this Program or any Promotion, and your violation of these Terms and Conditions, including but not limited to Section 7, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Splash Sports reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Splash Sports in the defense of such matter.

‍10. Relationship of Parties

There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under these Terms and Conditions. The Terms and Conditions do not give you the authority to bind Splash Sports (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power).

Splash Sports reserves the right to change or cancel this Program at any time without prior notice.

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