ZENITH BASEBALL LLC AFFILIATE MARKETING AGREEMENT
THIS AGREEMENT is entered into as of Zenith Baseball Affiliate Program Registration Date (“Effective Date”) by and between:
Zenith Baseball LLC, a Wyoming Corporation, located at 1309 Coffeen Avenue STE 1200
Sheridan, Wyoming 82801
and
Affiliate.
1. DEFINITIONS
1.1 “Company” refers to Zenith Baseball, LLC, the merchant or advertiser.
1.2 “Affiliate” refers to the individual or entity engaging in affiliate marketing activities (as listed below).
1.3 “Agreement” refers to this Affiliate Marketing Agreement.
1.4 “NIL Sponsor” any party that offers Affiliates individual NIL Agreements.
2. APPOINTMENT
2.1 Appointment as Affiliate. Company appoints Affiliate, and Affiliate accepts the appointment to promote Company’s Products or Services in accordance with the terms and conditions of this Agreement.
3. COMMISSION AND PAYMENT
3.1 Company Products and Services. Affiliate is eligible to be paid for all Products or Services available from Company via its E-commerce website where the purchaser uses the Affiliate’s Promotion Code/Link.
3.2 Commission Requirements. Affiliate agrees to appear in a promotion marketing video for the Zenith Baseball products they plan to promote for any Affiliate to receive compensation for any use of the Affiliate’s Promotion Code/Link
3.3 Commission Structure. The Company agrees to pay Affiliate a commission based on the Affiliate Tier they participate in (see Section 3.3.1) for each sale of Zenith Baseball Products generated through the Affiliate’s efforts (i.e., purchases that include the Affiliate’s assigned Promotion Code).
3.3.1 Affiliate Tier.
1) Basic Level provides a 15% payout on each use of the assigned promotional code; requires a social media (i.e., IG, TikTok, Facebook) video and image post every 60 days; a free batting glove each quarter with five or more purchases using the Affiliate’s assigned promo code.
2) Ambassador Level provides a 20% payout on each use of the assigned promotional code; requires a social media (i.e., IG, TikTok, Facebook) video and image post every 30 days; provides a free batting glove per quarter; qualifies Affiliate to participate in the Company NIL Program (see Sections 3.5 & 3.6); Ambassadors agree to wear Zenith Batting Gloves during all baseball-related activities; Company will negotiate an upfront payment amount with each Ambassador; Company reserves the right to choose which Affiliate qualifies for the Ambassador level.
3.4 Payment Terms. Affiliate payments will be made monthly. All payments will be made using standard U.S. ACH banking procedures or other payment methods supported by Stripe. To process such payments, the Affiliate is responsible for providing the Company with appropriate banking information, such as bank name, bank address, routing number, and account number, or a Stripe-supported alternative.
3.5 Company Partner NIL Program. Athletes who qualify for the Ambassador Level authorize the Company to negotiate NIL deals for said Athlete to consider. Any NIL deal agreed upon by the Affiliate and each NIL Sponsor will be made between the parties. Affiliate will retain one hundred percent of the revenues generated from each agreement signed by Affiliate and NIL Sponsor. Should Allifiate agree to participate in the Company’s NIL Program, the Affiliate will respond to such offer within one week of presentation.
3.6 Company Partner NIL Program Requirements. Affiliates who elect to participate in the Company Partner NIL Program must actively use Company Products in their daily baseball-related activities, such as practice, games, and promotional opportunities. Any breach of this term will result in immediate termination of this agreement.
4. PROMOTIONAL ACTIVITIES & REQUIREMENTS
4.1 Compliance. Affiliate agrees to comply with all applicable laws, regulations, and Company’s policies in promoting Company’s products/services.
4.2 Approved Materials. Company may provide Affiliate with approved marketing materials. Affiliate agrees to use only the approved materials in their promotional activities.
4.3 Affiliate Promotional Activities. Affiliate agrees to produce a promotional video that includes Affiliate using Company Product within thirty days of Effective Date. To maintain Affiliate-in-good-standing status, the Affiliate shall produce a promotional video that provides for the Affiliate using Company Products as required by their Affiliate Tier (see section 3.3.1)
5. INTELLECTUAL PROPERTY
5.1 Use of Company Marks. Affiliate is granted a limited, non-exclusive, non-transferable license to use Company’s trademarks and logos solely to promote Company’s products and services as required by their Affiliate Tier Level (see Section 3.3.1).
5.2 Use of Affiliate Name, Image, Likeness (NIL). Affiliate grants Company use of Affiliate’s NIL via Company’s promotional materials, including the Affiliate’s promotional videos, as long as the maintains their Affiliate-in-good-standing status per Section 4.3. Should this agreement be terminated, the Company agrees to stop using Affiliate’s provided NIL content within thirty days.
6. TERM AND TERMINATION
6.1 Term. This Agreement shall commence on the Effective Date and continue until terminated by either party with a thirty-day notice.
6.2 Termination. Either party may terminate this Agreement for cause upon written notice if the other party breaches any material term of this Agreement, such as the Affiliate not maintaining their Affiliate-in-good-standing status per Section 4.3.
7. CONFIDENTIALITY
7.1 Confidential Information. Both parties agree to keep any proprietary or confidential information received from the other party confidential.
8. MISCELLANEOUS
8.1 Independent Contractors. The parties are independent contractors, and nothing in this Agreement shall be construed as creating a partnership, joint venture, or agency relationship.
8.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming.
8.2 Taxes. Affiliate assumes responsibility for state or federal taxes on all payments provided or made under this agreement.
8.3 Company Contact. For questions about this agreement, please email affiliate.zenithbaseball@gmail.com
IN WITNESS WHEREOF, the parties hereto have executed this Affiliate Marketing Agreement as of the Zenith Baseball Affiliate Program Registration Date.
