Terms And Conditions:
PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE REGISTERING FOR THE MMARISING.COM FIGHTER SPONSORSHIP PROGRAM. PARTICIPATION IN THE MMARISING.COM FIGHTER SPONSORSHIP PROGRAM INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE MMARISING.COM FIGHTER SPONSORSHIP PROGRAM.
Introduction:
This agreement ("Agreement" or "Ten Percent Agreement") between You and MMARising.com ("MMARising") consists of these MMARising.com Fighter Sponsorship Program ("Program") Terms And Conditions. "You" means any entity identified in an enrolment form submitted by the same or affiliated persons, and/or any agency, network or other representative acting on their behalf, which shall also be bound by the terms of this Agreement. "Sponsors" mean organisations or individuals which/who have contractually entered into a separate agreement with MMARising. "Sponsorships" mean support, financially or otherwise, with which the Sponsors may provide for You.
1) Program Participation. Participation in the Program is subject to MMARising's prior approval and Your continued compliance with the Program Policies. MMARising reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By enrolling in the Program, You represent that You are at least 18 years of age.
2) Program Details. MMARising will, upon request from You or a representative of You, contact Sponsors with intent to procure Sponsorships for You. In exchange for this service, You agree that MMARising will receive Ten Percent (10%) of the monetary value of Your Sponsorship(s) in order to continue to provide the service to You and other entities. There will be no limitation with respect to the number of Sponsorships, whether monetary or otherwise, with which MMARising will attempt to procure on Your behalf.
3) Communications Solely With MMARising. You agree to direct to MMARising, and not to any other entity, any questions or other communication regarding Your participation in the Program.
4) Parties' Responsibilities. MMARising is solely responsible for providing Sponsors to You for participation in the Program. MMARising is responsible for continued communication, on Your behalf, with new Sponsors. MMARising reserves the right to investigate, at its sole discretion, any activity that may break this Agreement, including, but not limited to, any unauthorised attempts to engage in any activity prohibited by this Agreement. You are solely responsible for negotiating Your Sponsorships with the Sponsors AFTER initial communication with the Sponsor(s). MMARising is responsible for initial communication ONLY, unless implicitly requested by You. MMARising does not prevent You from communicating with Sponsors who are not affiliated with, or part of, the Program.
5) Prohibited Uses. You shall not, and shall not authorise or encourage any other entity to break or otherwise fail to comply with the Ten Percent Agreement. MMARising uses the proceeds from the Ten Percent Agreement to obtain further Sponsors for You and other entities. You agree that You will not engage in any action or practice which reflects poorly on MMARising or otherwise disparages or devalues MMARising's reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement, and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate termination of this Agreement and the pursuit of all available civil or criminal remedies.
6) Termination; Cancellation. You may terminate this Agreement, with or without cause, at any time by sending written notice of your desire to cancel Your participation in the Program to robs@mmarising.com. This agreement will be deemed terminated within five (5) business days of MMARising's receipt of Your notice. MMARising may investigate any activity that may violate this Agreement. MMARising may, at any time and at its sole discretion, terminate part or all of the Program, terminate this Agreement or suspend or terminate the participation of any entity in all or part of the Program for any reason.
7) No Guarantee. MMARising makes no guarantee regarding the number of Sponsorships which You may obtain through the Program.
8) Limitations Of Liability; Force Majeure: Except for any indemnification obligations hereunder, or Your breach of any intellectual property rights and/or proprietary interests relating to the Program, in no event shall either party be liable under this Agreement for any consequential, special, indirect, exemplary or punitive damages, whether in contract, tort or any other legal theory, even if such party has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. Each party acknowledges that the other party entered into this Agreement relying on the limitations of liability stated herein, and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing, and except for payment obligations ("Ten Percent Agreement"), neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including, but not limited to, governmental action or acts of terrorism, earthquake or other acts of Nature, labour conditions or power failures.
9) Publicity. You agree that MMARising may use Your name in marketing materials or lists of entities in the Program for promotional purposes. If you wish to use MMARising's name, domain name or logo, you may do so, so long as such use is in compliance with this Agreement.
10) Representations And Warranties. You represent and warrant that all of the information provided by You to MMARising is correct and current. You further represent that You are, or are legally authorised to act on behalf of, the entity with which this Agreement and Program will be associated. You certify that You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder. You further certify that You have complied with, and will continue to comply with, all applicable laws, statutes, ordinances and regulations.
11) Your Obligation To Indemnify. You agree to indemnify, defend and hold MMARising, its affiliates, directors, employees and applicable third parties (collectively, "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss and expense (including damage awards, settlement amounts and reasonable legal fees) brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program and/or Your breach of any term of this Agreement.
12) MMARising Rights. You acknowledge that MMARising owns all right, title and interest, in and to the Program, and that You will not acquire any right, title or interest in or to the Program, except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any MMARising services or documentation, or create or attempt to create a substitute or similar service or product through use of, or access to, the Program or proprietary information related thereto.
13) Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms or after Your continued participation in the Program after such terms have been updated by MMARising. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to MMARising. Notwithstanding the foregoing, MMARising may assign this Agreement to any affiliate at any time without notice. The relationship between You and MMARising is not one of a legal partnership relationship, but is one of independent contractors.
January 1, 2008.