Terms & Conditions
Updated: December 13, 2023
Welcome and thank you for using OpenSponsorship!
These terms and conditions of use (collectively, these “Terms”) are a contract entered into by and between you and Open Sponsorship Corp. (“OpenSponsorship”, “we”, or “us”). The Terms describe your rights and responsibilities with regard to the use of all OpenSponsorship websites and applications, and all content and services contained therein (collectively, the “Service”).
These Terms apply to all visitors, users, and others who access any of the Service (“Users”, or “you”). By using, accessing, or registering with the Service, you agree to be bound and abide by these Terms and all applicable laws and regulations.
1. OVERVIEW OF OPEN SPONSORSHIP SERVICE AND UPDATES
Overview. OpenSponsorship is a platform for corporations and other sponsors (“Brands”) to communicate and transact with athletes and other influencers (“Athletes”) seeking sponsorship opportunities. Brands offer sponsorship opportunities by creating campaigns and sending proposals that, when accepted by Athletes, create sponsorship contracts (“SponsorshipContracts”). Agents (“Agents”) may act on behalf of either a Brand or an Athlete and are subject to the same Terms as the party on whose behalf they are acting.
Provision of Service. We may, without prior notice, change the Service; stop providing the Service or features of the Service; or create usage limits for the Service. If, for any reason, we believe that you have not complied with these Terms, we may, at our sole discretion and without liability, permanently terminate or temporarily suspend your access to the Service immediately and without prior notice. If you believe your account has been terminated or suspended in error, please contact your account manager or send us an email at [email protected].
Updating the Terms. We may, in our sole discretion, modify or update these Terms from time to time. When we make changes to the Terms, we will update the ‘last modified’ date at the op of this page, so you should review this page periodically. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, then your only remedy is to discontinue your use of the Service.
2. USE OF THE SERVICE
Code of Conduct. In your use of the Service, you agree to act in a lawful and respectful manner toward us and toward all other Users. We reserve the right to unpublish campaigns, remove or refuse to post any content that we, in our sole discretion, determine to be inappropriate, disrespectful, illegal or competitive to OpenSponsorship's business. Termination during the term of the contract is not permitted.
Account Security. You are the sole authorized user of any account you create on the Service. As such, you are responsible for all activities that occur in relation to that username. You should take care to keep your password confidential. You must notify us immediately of any breach of security or unauthorized use of your account. OpenSponsorship will not be liable for any losses caused by unauthorized use.
Content. When creating your account, you must provide accurate and complete information. OpenSponsorship has no responsibility for the content, materials, or information that you or other Users post, create or make available through the Service (collectively, “Content”). Any Content you create must be your own. By creating Content, you grant us a license to use your Content in our business activities.
Notices. By providing an email address, you consent to OpenSponsorship using the email address to send you notices related to the Service and/or special offers. You may choose to opt out of messages (to the extent the messages are not required by law). Opting out may prevent you from receiving important notices regarding updates, improvements, or offers.
Prohibited Activities. You may not: (i) use any robot, spider, scraper or other automated means to access the Service; (ii) interfere or attempt to interfere with the proper operation, system integrity, or security of the Service; (iii) attempt to circumvent the Service and associated Commissions (as defined below); (iv) use the Service to advertise or promote a competing website, product, or service; (v) copy, reproduce, modify, create derivative works from, distribute, or publicly display any part of the Service or any Content that is not your own; (vi) collect or harvest any personally identifiable information from the Service.
Communications. To prevent direct or indirect attempts to circumvent the Service and associated Commissions, OpenSponsorship has the right, but not the obligation, to prevent Users from including email addresses, phone numbers, and other personal and identifying information in communications sent via the Service.
3. SUBSCRIPTIONS
Free Accounts. Brands and Athletes are both eligible to sign up for free access to the Service. No payment is required unless and until a Sponsorship Contract is signed.
Agency Plan. Brands may sign up for a subscription plan offering support from an account manager (an “Agency Plan”). Agency Plans can be found on the Pricing page and are non-refundable within the initial service term. All Plans are automatically renewed until canceled. In instances where the credit card on file fails, we will contact the Brand email on file for an alternate payment method. If there is no response, we will follow up with the Brand’s financial team.
Cancelation of Agency Plan. A Brand may cancel a subscription to an Agency Plan at any time after the initial service term is complete and there are no open Sponsorship Contracts in the account (i.e. deals where a proposal has been accepted by the Athlete but the campaign has not yet been completed). Cancelation requests must be made in writing to the OpenSponsorship account manager or to [email protected] In the event we cancel your Agency Plan for failure to comply with these Terms, you will forfeit the remainder of your subscription term; we will not issue a refund.
4. DEALS AND DEAL PAYMENTS
Sponsorship Contracts. Sponsorship Contracts are created directly between the Athlete and Brand according to the terms, rights, and benefits approved by both Athlete and Brand. OpenSponsorship has no responsibility with respect to the Sponsorship Contracts. Compliance with advertising/sporting regulations and all applicable law is the responsibility of the Athlete and Brand.
Deal Payments. “Deal Payment” refers to the cash consideration owed by a Brand to an Athlete per the terms of a Sponsorship Contract. Unless otherwise agreed in writing by all parties (including OpenSponsorship), we will charge the Brand credit card on file for all Deal Payments and will hold Deal Payments in escrow pending completion of the relevant campaign.
OpenSponsorship Commission. All cash and cryptocurrency payments between Brand and Athletes who have met through the Service (including but not limited to Deal Payments) are subject to a commission payable to OpenSponsorship (a “Commission”) for one year after the last communication (e.g. application, invite, or message) between the parties via the Service. No commission will be collected on deals where payment is in the form of a product.
Payment to Athlete. When a campaign is complete and the Athlete has fulfilled his or her obligations under the Sponsorship Contract, we will release the Deal Payment to the Athlete minus the Commission.
Cancelled Deals. If an Athlete cancels a deal or otherwise does not fulfill his or her obligations under a Sponsorship Contract, we will return the unearned portion of the Deal Payment to the Brand in the form of a credit or a refund. In addition, the Athlete will be subject to our Product Return and Deal Cancellation Policies (to which the Athlete expressly agreed when he or she signed the Sponsorship Contract).
5. REPRESENTATIONS
Suitability of Users. We cannot guarantee—and we make no representations regarding—the suitability, reliability, or quality of the Athletes or Brands listed on the Service. Users are solely responsible for conducting background checks on other Users with whom they transact via the Service.
Brand Representations. Brands listing on OpenSponsorship represent and warrant that the Sponsorship Contract entered into, together with any other content or materials provided, complies with all applicable laws, regulations, policies and agreements, and does not violate any third-party rights.
Athlete Representations. Athletes represent and warrant that they have the requisite authority to enter into a Sponsorship Contract and to provide the rights and benefits offered to the Brand under the terms of the Sponsorship Contract.
Agent Representations. Agents represent and warrant that they have the necessary authority and permissions required to act on behalf of either a Brand or an Athlete, as applicable.
6. LICENSE TO USE SERVICE
OpenSponsorship’s Intellectual Property. You acknowledge that the Service and all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs and other content within the Service (“OpenSponsorship Content”), and all intellectual property rights in the foregoing, are the exclusive property of OpenSponsorship and its licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license to use OpenSponsorship Content. Use of OpenSponsorship Content for any purpose not expressly permitted by these Terms is prohibited.
Our License to You. Subject to the terms and conditions of these Terms, we grant you a limited, non-transferable, and revocable license to use the Service, including accessing and viewing OpenSponsorship Content, as expressly permitted by the features of the Service. OpenSponsorship may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, OpenSponsorship reserves all other rights and no other rights are granted by implication or otherwise.
7. COPYRIGHT INFRINGEMENT NOTICES
OpenSponsorship is committed to respecting others’ intellectual property rights, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on the Service, please send a written notice of claimed copyright infringement to [email protected]
8. RESOLUTION OF DISPUTES
Between You and Another User. OpenSponsorship has no obligation to resolve disputes between you and another User. If such a dispute arises, OpenSponsorship may, in its sole discretion and without incurring liability, facilitate communication between you and the other party, or otherwise take any actions we deem appropriate to resolve the dispute.
Between You and OpenSponsorship. Our goal is to resolve any dispute between you and us quickly and cost-effectively. Accordingly, if you are dissatisfied with the Service or have any claim against OpenSponsorship at law or equity, you agree to first contact us directly at [email protected] to seek dispute assistance.
ANY DISPUTE UNDER THESE TERMS SHALL BE RESOLVED BY ARBITRATION BEFORE ONE ARBITRATOR AND IN ACCORDANCE WITH THE THEN-PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION SHALL TAKE PLACE IN NEW YORK COUNTY, OR SUCH OTHER LOCATION AS THE ARBITRATOR SHALL SELECT. YOU ACKNOWLEDGE THAT, BY ENTERING INTO THESE TERMS, YOU AND OPENSPONSORSHIP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
9. THIRD PARTY LINKS
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by OpenSponsorship. OpenSponsorship does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that neither these Terms nor OpenSponsorship’s Privacy Policy apply to your use of such sites.
10. WARRANTY DISCLAIMER
The Service is provided by OpenSponsorship on an “as is,” “as available” basis, and without any warranties or conditions of any kind, express or implied, including but not limited to the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, whether arising out of statute, in law, or from a course of dealing or usage or trade. We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any User, or the accuracy of any content.
11. LIMITATION OF LIABILITY AND RELEASE
Limitation of Liability. To the maximum extent permitted by applicable law, neither we, our licensors, nor our third-party service providers shall be liable to you or any User for any special, indirect, consequential, incidental or punitive damages arising out of or related to these Terms or the Service, including but not limited to: loss of profits, loss of business opportunities, or loss of goodwill, even if advised of the possibility of such damages.
Notwithstanding anything to the contrary stated in these Terms, in no event will our aggregate liability to you arising out of or related to these Terms or the Service, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of (a) $1,000, or (b) the aggregate amount of fees actually collected by us from you for the services to which the liability relates during the six (6) month period immediately preceding the determination of such liability.
Release. We will have no liability to you for damages (whether direct or indirect) arising out of, or relating to, any transaction entered into using the Service (including any Sponsorship Contract). If you have a dispute, controversy or claim with or against another User or a third party, you agree to, and do hereby, release OpenSponsorship (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Waiver of Release Limitations. You hereby waive rights to California civil code §1542 (and any analogous law in any other applicable jurisdiction), which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release will not apply to the extent the cause of the dispute is our failure to meet one of our obligations under the Terms. This release will not apply if applicable law prevents you from agreeing to such release.
12. ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OpenSponsorship without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
13. GOVERNING LAW
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws principles. Notwithstanding the foregoing, if you are using the Service on behalf of a government-affiliated entity, and any applicable law, regulation or policy restricts you from entering agreements governed under the laws of the State of New York, then these Terms shall be governed by the laws of the jurisdiction in which you reside.
14. ENTIRE AGREEMENT/SEVERABILITY
These Terms, together with any amendments and any other written agreements you may enter into with OpenSponsorship in connection with the Service, shall constitute the entire agreement between you and OpenSponsorship concerning the Service. If any provision or portion of a provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining portion of such provision or any other provisions of these Terms, which shall remain in full force and effect.
15. NO WAIVER
No waiver of any term herein shall be deemed a further or continuing waiver of such term or any other term, and a failure of OpenSponsorship to assert any right or provision herein shall not constitute a waiver of such right or provision.
16. THIRD-PARTY APIS
YouTube: Our platform connects to YouTube APIs to pull and centralize our clients' data. By providing your YouTube handle and using our platform, you agree to be bound by the YouTube Terms of Service.
17. CONTACTING US
If you wish to report a violation of the Terms, have any questions, or need assistance, please contact OpenSponsorship customer support at [email protected]