Welcome to the Affinity Marketplace. We want you to have a good experience, so please follow our rules.
The Terms are a legally binding contract between you and Affinity (actually, the contract is between you and Affinity Marketing Consultants, Inc., but we’ll just refer to Affinity Marketing Consultants, Inc. as “Affinity”).
This contract applies to Affinity's marketplace websites (collectively, the “Site”), Affinity’s mobile applications (collectively, the “Apps”), and our other services provided by Affinity. We'll refer to the Site, the Apps, and our other services as the "Services." All related content that is owned by or licensed to Affinity is collectively referred to as “Service Materials.” Affinity or “us/we/our” refers to Affinity Marketing Consultants, Inc., and “user” or “you/your” refers to you.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you/your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the Services.
USING OR ACCESSING THE SERVICES OR ANY OF THE SERVICE MATERIALS CONSTITUTES A KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE SERVICES OR THE SERVICE MATERIALS.
1. About Our Services
Affinity provides our Services to facilitate the marketing, promotion, and sale of merchandise licensed on behalf of our clients (“Clients”). We may allow companies who are licensed with one or more of our Clients to advertise, promote, and sell licensed merchandise via the Services. We’ll refer to companies who are licensed with one or more of our Clients as “Vendors”. We’ll refer to Vendors who sell items and collect payments on Affinity as “Sellers”. You guessed it, anyone who uses the Services will be referred to as a “user”. Users may save collections of merchandise they like, comment on products, and provide other information about licensed merchandise. Users may view and order items listed for sale. Users may perform searches on Vendors and available types of merchandise as well as search for and view the profiles of other users to find out what products other users like, consider other users’ Vendor ratings and experiences, and learn other information about licensed merchandise.
We may allow Clients to access and review any information submitted through the Services. All Vendors must have a valid license agreement with each Client for which it advertises and sells merchandise bearing a Client’s name, nickname, letters, crest or coat of arms, badge, slogans, symbols or other insignia (collectively “Merchandise”). While we provide the Services as a tool to allow purchasers and Merchandise Vendors to interact, Vendors are solely responsible for all orders placed via the Services and compliance with all licensing requirements of Clients.
3. Seller Policy
If you are a Vendor and list any items for sale through our Services, our Seller Policy applies to you in addition to these terms. Please read our Seller Policy, which is incorporated into and made a part of this Agreement.
4. Modification of these Terms
5. Your Account & Public Profile
The Services are designed to promote communication and sharing among its users and, therefore, your user profile is public. You may provide information about yourself or your business through the Services. In creating an account and/or providing any content to the Services, you represent and warrant to Affinity that all information provided is true, accurate and correct. All information contained in your user profile, and any content, photos or images, comments, likes, collections, reviews, or other information you upload to the Services may be visible to other users and/or the general public. DO NOT SUBMIT ANY CONFIDENTIAL, SENSITIVE, OR PRIVATE INFORMATION THROUGH THE SERVICES.
Any content you provide to the Services shall be your original content and shall not be defamatory, libelous, infringing, scandalous, obscene, pornographic or harassing in any way and shall not be posted for any improper motive or purpose. Vendors are solely responsible for ensuring that all Merchandise offered or promoted by Vendor complies with all Client licensing requirements. Affinity and/or Clients reserve the right to object to and pull from the Services any merchandise that, in our sole discretion, does not comply with Client licensing requirements, in addition to any other remedies to which Affinity or Clients are entitled.
All user profiles are public and are searchable by various means, including by name, university, or affiliate organization. Other users may send you in-app messages, and may see what products or collections you like, see Vendor or Merchandise reviews, join conversations about products, or otherwise interact with you via the Services. Information about Vendors of Client Merchandise may be freely displayed, reproduced or distributed by Affinity in any way in any format. For example, Vendor company profiles, product offerings, pricing, specifications or descriptions, designs and contact information may be displayed in our Vendor search tool, which is available to the public and may be shared with any of our Clients, whether received in electronic means through the Services or submitted through paper form to Affinity. You also understand and agree that any Merchandise information or images or other Seller information may be shared by and commented on by Users. The Services are not intended to be a repository, and you are solely responsible for maintaining any data, images, designs, ordering information or other information in your account. Affinity shall have no liability to you for loss of data or other information residing in or visible through the Services.
6. Age Limits and Users under 18
In order to create an online account, you must be at least 18 years old - and you represent and warrant to Affinity that you are at least 18, and are legally permitted to enter into and perform this Agreement. The Services are not intended to be used by children under 18.
7. Problems with Merchandise or Vendors
We provide the Services as a tool to facilitate the selection and purchase of licensed merchandise. However, Vendors are solely responsible for any problems or defects with your order and/or product designs, including any returns, refunds, or other inquiries. Users should contact Vendors directly regarding any concerns with specific products or orders. If, however, you feel a Vendor is engaging in any improper activity, please send us an email at firstname.lastname@example.org, including a description of the basis for your report.
8. Electronic Transactions & Vendor Payment Obligations
User accounts for the Services may be created electronically. While most user accounts are free, Vendor users acknowledge that certain types of Vendor accounts require the payment of certain fees for use of the Services separate from and in addition to royalties due under Client licenses. All Vendor users agree to promptly pay any and all amounts due as a condition of access and use of the Services.
9. Purchases and Payments
Affinity allows Sellers to accept payment from users by authorized credit and debit card transactions, have those funds credited to Seller’s payment account with Affinity, and/or have those funds deposited into Seller’s designated bank account.
Sellers must be at least 18 years old and must register and be approved for a payment account with Affinity. Sellers agree to promptly ship sold items once a payment transaction is complete and reflected in their payment account. If a Seller fails to comply with these Terms, Affinity may at any time in its sole discretion and without prior notice to suspend or terminate Seller’s access to and use of the Services.
Buyers may authorize a payment with any major credit or debit card approved for acceptance by Affinity. When you buy from a Seller on Affinity, you’re directly purchasing from an independent company, each with its unique listings, policies, and processing times. By making a purchase from a Seller on Affinity, you agree that you:
- Have read the item description before making a purchase;
- Have read Seller’s policies regarding purchases, returns, and refunds, and shipping that apply to the product;
- Have submitted appropriate payment for item(s) purchased; and
- Have provided accurate shipping information to the Seller.
10. Services provided by Stripe
Affinity has contracted Stripe to facilitate payment processing, identity verification, fraud analysis, regulatory compliance, and other payments and the disbursement of funds for Merchandise to Sellers.
If there are insufficient funds in your bank account when Stripe processes the payment for your purchase, Affinity reserves the right to contact you directly and to seek payment. Affinity may share your personal or transactional information with Stripe when it's necessary to process payments.
If Affinity receives notice that your content or activity violates Stripe’s Service Agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, disabling listings from your account, suspending your selling privileges, or removing certain payment methods, in addition to any other relief to which Affinity, Stripe, or the purchasing User may be entitled.
11. General Restrictions On Use & Termination
You are granted a limited, non-transferable, revocable license (and not a sale) to access and/or download (as applicable to Site or App respectively) and use the Services subject to your compliance with all of the terms and conditions herein. You may not redistribute, license, sell, or grant access to the Services to any other person or entity. All users must separately create a user account. All rights not granted expressly to you herein are reserved to Affinity. Your access to and use of the Services shall and must immediately cease upon termination of your profile or user account by Affinity for any reason. Except as expressly authorized by this Agreement, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Services or the Service Materials, and you may not create derivative works based on any portion of the Service Materials or Services without the express written consent of Affinity. Without limiting the generality of these Terms, you specifically agree not to use the Services or any of the Services content in connection with any of the following, each as determined in the sole discretion of Affinity:
(1) Any illegal or unauthorized use;
(2) Impersonation of any person or entity; Falsely stating or misrepresenting your affiliation with another person or entity; Accessing or using the account of another without permission; “hacking” or gaining unauthorized access to any portion of the Services;
(3) Defaming, abusing, “stalking”, harassing, or threatening any other person;
(4) Posting, storing, or otherwise using the Services or any Service Materials in connection with any content that is obscene, illegal, or sexually explicit;
(5) Harming minors in any way;
(6) Posting, storing, or otherwise using the Services or any Service Materials in connection with any content that promotes alcohol or drugs, derogates women, or depicts or suggests harm to animals;
(7) Infringing any patent, trademark, trade secret, service mark, copyright, privacy right, publicity right, or any other right of another person or entity;
(8) Distributing unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other such messages for any purpose;
(9) Distributing computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfering with or disrupting same;
(10) Taking any action that imposes or may impose (in the sole discretion of Affinity) an unreasonable or disproportionately large load on Affinity’s servers or infrastructure;
(11) Interfering with, disrupting, or destroying the servers or networks connected to the Services or Service Materials, or disobeying any rules or regulations applicable to such Service, the Service Materials, servers or networks;
(12) Using any robot, “bot” spider, scraper, web crawler, data mining process, technique, or means, or implementing any other automatic or manual processes to access, copy, compile, or decompile any portion of the Services or Service Materials;
(13) Violating any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information for your employer in breach of any employment, consulting, or non-disclosure agreement);
(14) Decompiling, reverse engineering, disassembling or otherwise attempting to derive source code from the Services;
(15) Removing, circumventing, disabling, damaging or otherwise interfering with security-related features, or features that enforce limitations on use of the Services or Service Materials;
(16) Modifying, copying, publishing, licensing, selling, renting, leasing, lending, transferring or otherwise commercializing any rights to the content posted on the Services or any other Service Materials or any portions thereof;
(17) Advertising, promoting, selling, or attempting to advertise, promote or sell any Merchandise without a current, valid license with the applicable Clients referenced on the Merchandise; and/or
(18) Violating any other term or condition governing your use of the Services.
If you fail to comply with these Terms, Affinity may at any time in its sole discretion and without prior notice to suspend or terminate your access to and use of the Services, Service Materials or any portion thereof; deny your access to and use of the Services or related Service Materials, in whole or in part, revoke any or all of your other rights granted under this Agreement, take down or remove any improper content, or take any other action available at law or equity. Affinity may delete any Vendor account (including any Vendor content) in the event that a Vendor fails to properly maintain and fully comply with all terms of its licenses with Clients. The Services are available AS IS and AS AVAILABLE. Affinity in its sole discretion may discontinue the Services at any time in its sole discretion.
13. Email Policy
You may receive periodic emails from Affinity at the time of your registration for an online account or at other times. These emails include, but are not limited to, notifications about your account, responses to your inquiries, or other official messages related to Services performed by Affinity. All users of the Services must have an active and valid email address. The Services also allow other users to send you messages through the Services to your email address associated with your account. Any improper use of messaging should be reported to email@example.com, including a description of the basis for your report.
14. Intellectual Property Rights
We expect all users to respect intellectual property rights of others. All Merchandise is subject to the trademark rights of each Client. No Client trademarks, including each organization’s name, nickname, letters, crest or coat of arms, badge, slogans, symbols or other insignia, may be used except as permitted in a Vendor’s valid license agreement with that Client. Any licenses concerning a Vendor’s use of the trademarks and insignia of individual Clients on Client Merchandise shall be governed by separate agreement and is not affected in any way by these Terms. You acknowledge that the Clients described on the Services separately own trademarks for their names and insignia. The word marks AFFINITY CONSULTANTS, Affinity, GREEKLICENSING, AFFINITYLICENSING, as well as the “Affinity Licensed Product” words and associated designs are trademarks of Affinity Marketing Consultants, Inc. and may not be used without the prior, express, written permission of Affinity Marketing Consultants, Inc. No license, right or interest in any trademarks of Affinity Marketing Consultants, Inc., any Clients, or any other third party is granted under this Agreement. Except as expressly set forth herein, no license is granted to you for any other purpose other than for facilitating use of the Services. All rights not expressly granted herein are specifically reserved. Merchandise designs should be original. Except for licensed Client trademarks and insignia, Merchandise designs should not include any trademarks or copyrighted designs or characters of any third party, including other Vendor users. The Service Materials are protected by copyright, trademark, and/or other intellectual property laws. Unless otherwise agreed in writing by Affinity, all text, images, graphics, or other content appearing on or posted to the Services, including but not limited to visual interfaces, data, interactive features, graphics, design, compilation, computer code, software, comments, reviews or ratings, reports and other usage-related data, your account, and all other elements and components of the Service Materials and Services are owned by Affinity or its licensors. You SHALL NOT copy, display, distribute, modify, translate, reformat, incorporate into any advertisement, create derivative works based on, publish, or sell any content on the Services or any information, software, or services provided by Affinity hereunder. The Services may be modified from time to time by Affinity in its sole discretion. Any unauthorized use of the Service Content or the Services may subject you to civil or criminal penalties.
15. Your Representations About Content You Provide through the Services
You represent and warrant that you are the sole, original creator of any and all content you upload, post or submit to Affinity, that you did not copy or take any portion of the content from any other source, and if you have taken content from another source, you have made only a fair use of third party materials reproduced in the content, have properly cited and credited such use, and have brought such use to Affinity’s attention, or that you otherwise have permission from the creator to use such content with the Services and perform this Agreement. Affinity or its Clients have the right to reject the submission or take any other action if Affinity or its Clients, in our sole discretion, believe that such use may not constitute a fair use or is otherwise objectionable to the ideals or policies of the applicable licensor.
For any content you may upload, post, or otherwise submit to the Services, you retain ownership rights to your content, and you grant to Affinity, its successors, assigns, and licensees and Clients, a perpetual, non-revocable, worldwide, transferable, sublicensable, royalty-free, license to use, copy, display, transmit, perform, modify and create derivative works of your content, in all media now or hereafter known, in connection with the operation of the Services or otherwise in facilitating and enforcing the license agreements between Vendors and Clients concerning Client Merchandise, enforcing the trademarks of Affinity Marketing Consultants, Inc. and/or its Clients, or other enforcement activities.
16. Report Abuse; Procedure For Claims Of Copyright Infringement
(a) General Complaints and User Misconduct: Affinity respects privacy rights as well as the intellectual property and proprietary rights of others. To report any misuse of the Services or user misconduct abuse (other than copyright claims), please email us at firstname.lastname@example.org, including a description of the basis for your report and the location of the offending material.
(b) Reports of Copyright Infringement: In accordance with the Digital Millennium Copyright Act, Affinity has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Services. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Services, please send Affinity’s Designated Agent (identified below) a notice containing the following:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
(2) A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of the web page where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
(3) A description of where the material that you claim is/are infringing is/are located on the Services, including the URL, so that we can locate the material;
(4) Your address, telephone number and email address;
(5) A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
(6) A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
You acknowledge that if you fail to comply with all of the above-listed requirements of this Section, your DMCA notice may not be valid.Affinity
5751 Palmer Way
Carlsbad, California 92010
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING Affinity THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO THE DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT US”.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature;
(2) Description of the content that has been removed or to which access has been disabled and the location where the content appeared before it was removed or disabled;
(3) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(4) Your name, address, telephone number, and email address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice, we may send a copy to the original complaining party informing the complainant that Affinity may replace or enable the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Affinity’s sole discretion.
17. Liability Limitations
YOU ARE USING THE SERVICES “AS IS” AND “AS AVAILABLE.” IN NO EVENT SHALL Affinity BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, OR THE SERVICE MATERIALS, (II) ANY CONTENT CONTAINING ERRONEOUS OR OUTDATED DATA, (III) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES FOR UPLOADING OR STORING CONTENT), (IV) THE PERFORMANCE OR NON-PERFORMANCE OF ANY VENDOR OR DISPUTES OVER MERCHANDISE OR ANY OTHER PROBLEMS WITH A THIRD PARTY IN CONNECTION WITH USE OF THE SERVICES, OR (V) ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS) OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S SUBMISSION OF CONTENT TO THE SERVICES OR USE OF THE SERVICES OR THE SERVICE MATERIALS. THIS LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTY SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR DAMAGES SHALL BE LIMITED TO YOUR ACTUAL DAMAGES AND SHALL NOT EXCEED THE AMOUNT OF ANY SUBSCRIPTION FEE ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OVER THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.
18. Disclaimer of Warranty
THE SERVICES AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SERVICES ARE PROVIDED TO USER ON AN “'AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. Affinity AND ITS CLIENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURATENESS OR COMPLETENESS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING. Affinity DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE AND FREE FROM ERROR NOR DOES Affinity WARRANT THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR THAT USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS.
Affinity also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Services or your uploading of any content, materials, text, images or other information to the Services or any linked services.
20. Links To Third Party Sites
21. Severability; Waiver
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under applicable law, then, the remainder of the Agreement shall be in full force and effect to the fullest extent possible. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No waiver shall be enforceable against Affinity unless such waiver is in writing signed by Affinity.
22. No Assignment; No partnership
You may not transfer or assign your rights and obligations under this Agreement without the prior, written consent of Affinity; however, Affinity may assign this Agreement without restriction. The parties are independent contractors, and nothing herein shall be deemed to create an agency or partnership relationship.
23. Governing Law; Limitation on Actions
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in San Diego County, California in all disputes arising out of or relating to the use of the Services. In any action brought to enforce the terms of this Agreement, Affinity shall be entitled to recover its reasonable costs and attorney's fees as a prevailing party. You must commence any cause of action or claim against Affinity within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
24. Location of Services
The Service Materials and Services are intended to be offered from Affinity’s location in the United States of America. Affinity makes no representations that the Service Materials or Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so on an AS IS basis and are responsible for compliance with local law.
Affinity may give notice by means of a general notice posted to the Services, e-mail to your address on record in the Service’s account information, or by written communication sent by prepaid first class mail or overnight post to your address listed in your account. Notice is effective upon posting to the Services or upon sending the email, or upon the date sent if delivered via first class mail or pre-paid post. You may give notice (other than for copyright infringement) to Affinity by any of the following: e-mail to email@example.com or letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Affinity, 5751 Palmer Way, Suite G, Carlsbad California 92010.
26. Entire Agreement
27. Contact Us
Please send any notices, questions, comments, or concerns regarding the Services, (other than notifications of claimed copyright infringement) to:Affinity
5751 Palmer Way
Carlsbad, California 92010
REVISION DATE: Sep 1, 2019