ePartner Program

This  ePartner Program (EP), and the Terms and Conditions hereunder, serve as an Addendum to the General Trade Conditions (GTC) as agreed with and accepted by you in becoming a Sportyque  ePartner. The purpose of this Document is to more clearly define for you the terms, conditions, procedures, obligations and responsibilities as apply specifically to every Sportyque Independent Referral Sales  ePartner, and which constitute an important part of your Agreement with Sportyque by your acceptance of the GTC

1. Introduction

1.1  This  ePartner Program (EP), is provided for you to be effective and successful in your efforts as an Independent Sportyque  ePartner (hereafter referred to as  ePartner)

1.2  Should you decide at some time to register as an  ePartner, you will be a fully Independent  ePartner, meaning you are not an employee, representative or agent for Sportyque, and have only secured a license to benefit from the Sportyque Services and Products under the terms, policies and procedures as contained in the GTC, this EP and its Appendices.

1.3  To further enhance your success as an  ePartner, and to offer a more efficient way for you to manage your  ePartner business; your sales activities are restricted to that of Referral Sales only. That means you are not required to purchase and carry inventory, or be concerned with custom duties, labeling, packing, shipping, invoicing and collection of payments. All these functions are performed for you by Sportyque, to provide optimum time for you to build your to promote your licensed and personalized eBoutyque and its Products. You accept and agree that Sportyque reserves the exclusive right to the Sale of any Sportyque Product that you have referred for purchase.

1.4  To be most effective as an Independent ePartner, Sportyque highly recommends that you become familiar with all Products, Services and Business Tools.

1.5  This means that ePartner can promote and refer all Sportyque Products more effectively to derive optimum Income under the Income Plan as detailed in the Addendum, from the purchase of any Sportyque Product or Service on the licensed and personalized ePartner eBoutyque.

1.6  Sportyque acknowledges that success is built on a mutually beneficial relationship with ePartners. Therefore the Terms and Conditions of the related Agreements are based on ensuring optimum success and satisfaction for all. This, by necessity, includes safeguarding against abuse of the Sportyque concept and image by a few, to the detriment of the great majority of ePartners.

2. ePartner Registration

2.1  By completing and submitting your on-line  ePartner Registration;

(1)  You have already accepted and agreed with the Terms of the GTC

(2)  You confirm and agree that you have solely relied on the representations as contained in the Terms of the GTC In your decision to register as an  ePartner of Sportyque

2.2  As a Sportyque ePartner you acknowledge and agree that you are an Independent Contractor, and not in any way an agent, employee, franchisee, partner, or any other legal representative of Sportyque.

2.3 You further accept and agree that any reference that you make to yourself as ePartner, must clearly state your ePartner status; and that you shall not in any way bestow any title upon yourself that misrepresents your ePartner status

2.4  You also agree that you shall not make any listing of your name or business, in any directory in a manner where your use of Sportyque name, trade names, trademarks or logos, or any other way, represents, suggests, implies or infers a your position and role other than that of Independent Sportyque  ePartner

3. Legal Age

You must be a minimum of 18 years of age to qualify for ePartner registration. You therefore warrant and agree that you are 18 years of age or older at your date of ePartner registration, and that Sportyque reserves the right to terminate your ePartner Account immediately, if it is determined you are not of this legal age.

4. Free Sportyque Services

4.1  Provision of a personalized Sportyque mirror website as established, hosted, and administered by Sportyque, including:

(1)  your personal eBoutyque for the online sale of all Sportyque proprietary and licensed products that are exclusive available on the network of ePartner eBoutyque

(2)  a personal eBoutyque management account including a sales register, income and account balance, and funds transfer to select bank account function

(3)  downloadable Sportyque online advertisements linked to your own eBoutyque, for placement on any other website, blogs and other social media

(4)  inclusion in the online Sportyque ePartner list as accessible to general public, that also includes the link to your eBoutyque

5. Qualifying for Income

You qualify for income, when:

5.1  You are a Registered Sportyque ePartner

5.2  You provided the additional details for Sportyque to establish your website e.g. Position, Club Name, Logo or Photo

5.3  Your personalized Sportyque mirror website inclusive eBoutyque, is accessible online to any person

5.4  A purchase has been made on your personal eBoutyque

5,5  You hereby acknowledge and agree with the income and payment conditions hereunder

6. Income

The income entitlement by ePartner is conditional upon:

6.1  Your are eligible for Income, and related Payout, only for Sportyque Products sold on your licensed eBoutyque

6.2  The ePartner percentage share of the sale of any product under 6.1 is solely determined by Sportyque as based on the cost and competitive price of any product and may range from 20% to 35%

6.3  You acknowledge and agree with the right of Sportyque to amend the percentage share for any product at any time, subject to variations in product cost, demand and other market trends

6.4  Your are a Registered and fully compliant ePartner at the time of any sale

7. Payment

All Purchases and Referral Sales by you qualify for your eligibility to receive Payment as a registered Sportyque as follows:

7.1   Each personalized Sportyque website and eBoutyque, includes a Virtual Account accessible only to the ePartner and Sportyque

7.2   Your Virtual Account can be viewed under ‘Account’ Link in your Sportyque Online  ePartner Account

7.3   Every sale via ePartner eBoutyque, directly or generated by ePartner tagged online advertisements, is registered in the individual  ePartner Virtual Account by date, sales price and share of sales (Referral Fee)

7.4   The Sales Account Register also shows total accumulated sales, Referral Fees, amounts already withdrawn and account balance

7.5   Your weekly Income is calculate on every Sunday and will be paid to your Virtual Account

7.6   Payment to you is made only every week, with minimum payment of AUD50, and weekly maximum of AUD5,000. All payments are only made to any approved commercial bank account as nominated by you on your Payment Request

7,7   Weekly payments are made only in multiples of AUD50. Any remaining entitlements will accumulate for future payout to you,

7.8   Transfer of funds is available 30 days after sale of product; the authorized period for any product return and customer purchase refund

7.9   The ePartner will receive confirmation of time, date, amount and recipient bank for each transfer made

7.10 Request for payout must include all methods of payout and recipient details. Requests can be made in your  ePartner Account

7.11 Where a weekly payment is capped at the maximum of AUD5,000,  the balance of entitlements will accumulate towards any future payments  

8. Referral Sales

8.1  Under the Terms of the GTC, you are granted the right to refer, and are compensate for referring, Products for purchase exclusively from the Sportyque online shop.. You accept and agree that you shall not sell any Sportyque Product directly to anyone.

8.2  You shall be compensated by Sportyque under the Terms of this Agreement, for any and all Sportyque Products purchased, or referred for and resulting in purchase by anyone;  and any products you personally purchase after your registration as ePartner and qualification for income.

9. Bundling of Products

9.1  The term ‘Bundling’ of Products, refers to the inclusion of more than one Product in any offer to, or referral for, purchase of more than one product for one aggregate price; and where the ‘Bundle’ price is lower than the sum of prices for each individual product, and thereby offering a discounted price

9.2  You accept and agree that you will offer and refer only individual Sportyque Products and Services for purchase by anyone, and only at the price indicated for each in the online Sportyque Shop

9.3  You accept and agree that you will not combine or include any product which is not a Sportyque Product or Service, in any bundle of products, as promoted, offered or referral for purchase, in your capacity as Independent  ePartner, privately, or in any other manner.

10. Cross-Selling

You accept and agree to promote, market, refer to, discuss or introduce only Sportyque Products or other opportunities at any time, or during any occasion, where you are, and are perceived to be, conducting your business as an Independent Sportyque ePartner; or while attending any Functions, Conferences or Seminars sponsored or organized by Sportyque; or while in attendance at Non-Sportyque events in your capacity and role of Independent Sportyque  ePartner.

11. Use of Sportyque Intellectual Property

11.1  Sportyque has developed and is the exclusive owner of a range of intellectual property (IP) including, trade names, trademarks, copyrights, designs, programs, services, products and related logos, icons and slogans, as detailed in Appendix 2. You accept and agree to use any Sportyque intellectual property only with the written permission from Sportyque for each separate intended use.

11.2  As an  ePartner, you are granted the right to apply certain Sportyque graphics to clearly show your status as Independent Sportyque  ePartner in any promotional activities conducted exclusively for Sportyque Products and Services. Representations of such graphics, and guidelines for their use, are contained in Appendix 3. , and constitute the only graphics and other Sportyque property you are entitled to use in accordance with the related guidelines, and without prior written permission from Sportyque. These graphics are also available under the ‘Logos’ Icon in your Online  ePartner Account.

11.3  You accept and agree that you will only use these pre-approved Sportyque graphics, and only in accordance with the related guidelines provided by Sportyque, in any promotional material or programs produced exclusively for Sportyque Products and Services; and that Sportyque reserves the right to change these graphics following reasonable time of notice.

11.4  As an  ePartner, you have the right to use without further Sportyque approval, a range of Sportyque Product and Service promotional banners. These are made available on every Bumper Edit Page in your Sportyque website, for use on any of your Sportyque webpages, or in advertisements and any other promotional activities or media channels. To promote your Independent Sportyque ePartner business. You accept and agree that Sportyque reserves the sole right to change or remove any Banner without prior notice.

11.5  To further promote your ePartner business, Sportyque has also made available for your Download, a Template of an  ePartner business card, to enter your personal details, and for printing or use in electronic media. You are granted the right to use this business card in conducting your Independent Sportyque ePartner business, and you accept and agree to use this business card only for this intended purpose, and that you shall not change the Template provided, in any way other than by insertion of your personal details..

11.6  You accept and agree that you will not produce, use, distribute any promotional materials for Sportyque Products and Services thatare deceptively similar to any materials produced by Sportyque, either granted for your use or reserved for the exclusive use by Sportyque: or that in any other way lead to a public perception that materials are produced by and the property of Sportyque.

11.7  You accept and agree not to engage in spamming or other unsolicited direct marketing activities for the purpose of promoting your ePartner business, or any Sportyque Products and Services.

12. Termination of ePartner Agreement

12.1  Sportyque reserves the right to terminate its Agreement with any ePartner at any time, if that ePartner is in material breach of any of the terms, conditions and provisions of the Agreement with Sportyque. It is solely at the discretion of Sportyque to provide written request for remedy of breach, which if not remedied or reoccurs, shall lead to immediate termination.

12.2  You accept and agree that in the event of termination under above Terms, any present or future entitlements to Income by you thus terminated, will be forfeited as of the date of first known breach leading to termination of Agreement between ePartner and Sportyque

12.3  Upon receipt of written notice of termination from Sportyque, you accepts and agrees to immediately cease any representation on behalf of Sportyque and any other related business conducted as  ePartnerof Sportyque.

12.4  You accept and agree that at time of termination of your Agreement with Sportyque, any and all of your Free Sportyque Services and Products, and any and all of your webpages under your Sportyque  ePartner account will immediately be closed to any further access by you, the public or any other ePartner.

13. Voluntary Resignation

13.1  You may voluntarily resign at any time by written notice to Sportyque. Upon receipt of your resignation by Sportyque, your ePartner Account will be closed, as will all other webpages which in any way relate to your  ePartner Business.

13.2 You accept and agree that as of the time of your resignation, you shall ceased all business activities as Independent  ePartner, and shall not be entitled to any Income generated thereafter, as you would otherwise have been entitled to

13.3  You are not permitted by Sportyque, to re-register as ePartner within 6 months of your resignation. Should you at that time or thereafter do so, you will be subject to the Terms applicable to all new ePartners, and Sportyque reserves the sole right to accept or reject your submission for new registration.

14. Succession

In the event of the death or incapacity of an  ePartner: Sportyque requires a copy of appropriate certificate from a registered medical physician confirming the reason for request to transfer the Income Rights to a Successor. The Successors must submit a written Application for consideration by Sportyque. This Approval will not be unreasonably withheld. If approved, the Successor shall be bound by the Terms, Conditions and Provisions of the GTC and ePartner Plan.

15. Income Tax

You accept and agree that you are solely responsible for paying local, state and federal income taxes on any earnings derived from your Sportyque related business; as are payable under the laws of the country of your residency and conduct of your ePartner business; and that you will seek independent accountant advice on your taxation liabilities as the need arises or is otherwise required.

Sportyque Marketing Pte Ltd

October, 2023

Sportyque Intellectual Property

Sportyque GTC Addendum 2

Sportyque IP RIGHTS

Sportyque intellectual properties reside in the content of its website www.mySportyque.com

1. The contents of this website are the Intellectual Property of, reserved by, and vested in, Sportyque Marketing Pte. Ltd, a Singapore Registered Corporation.
2. These IP Rights related to all content, design, graphics, articles, services and products, and any and all Trademark, Patent, Design and Copyright Rights as may exist thereunder, or may arise subsequently, in any and/or all of these materials.
3. These materials may not be reprinted, copied, published or applied in any manner or medium, without prior written authorization by Sportyque; with the exception of materials as contained in the sections of this website, or extracts or parts thereof, as under the headings of ePartner Sites, Forum; Blogs, Bloggers or Blog Spots; Products, Company Announcements, Media Releases, and any and all Summaries, Presentations, Advertisements or any other items made available for Public or Sportyque ePartners download; where these materials may be reprinted, published, copied or applied in any manner or medium as provided under Sportyque guidelines for such use.
4. More specifically, these rights vested in Sportyque, including Patent, Design and Trademark Rights; pertain to the following inclusive, but not exclusive, product, trade and service marks, graphics, logos and Icons as follow below.
5. These Rights are not diminished in any way by any of these names or logos appearing without appropriate Rights Marks in any and all places within the Sportyque website, or as depicted and publically disclosed by first use in commerce on newsletters, advertising and other promotional materials of Sportyque.
6. Any and all third party commercial use of any material in which IP Rights are vested in Sportyque hereunder, are subject to binding license, franchise or other usage agreements, as executed by Sportyque and any such third party, for each and every separate use of any such material

Sportyque Names, Products and Services

            Sportyque claims various intellectual property rights to its Products and Service so as to build and maintain a positive, distinctive and memorable public, government and institutional image and message that will advance its mission. This is reflected in the many common links in service and product names and related slogans, compatible with present lifestyle, consumer and internet trends of the many niche markets Sportyque seeks to engage.

Service Names            Sportyque, mySportyque, ePartner, eBoutyque, Sportoys, PowerZone, ZonePlay, Aerobax

Product Names           X=KIXX  X=RAX  X=STIX  X=BAX  X=TRAX  X=FLEX  X=SLAM  X=GYRO  X=DRIVE  X=WALL  X=HOOP

Game Names              X=Kixx  X=Slam  X=Rally  X=Drive  X=Hoop  X=Volly  X=Shot

Slogans                       Ahead of the Game, Learn-Thru-Play, Let’s do it for the Kids, Be in it. Sport , Play Sport. Naturally

Logos and Icons         All website, product, game, and service related logos and icons, as depicted and publically disclosed by first use in commerce on website, newsletters, advertising and other promotional materials of Sportyque.

Sportyque Marketing Pte Ltd

October, 2023

Use of Sportyque Intellectual Property

Sportyque GTC Addendum 3

Sportyque and its Independent ePartners share the common goal of an appealing public image, so as to create Sportyque website traffic and a demand for eBoutyque products, thereby fulfilling ePartner expectations and the success of a mutual mission.  

Sportyque brand and image depends as much on the quality and appeal of its website and the look, feel and function of its products and services, as it does on the direct contact by ePartners with a diverse range of prospective customers.

Sportyque therefore has provided many promotional materials for Website Download by ePartners.. But many  ePartners and Clubs will also want greater flexibility in managing their marketing activities. Following are the guidelines for the use of certain Sportyque intellectual property without prior approval by Sportyque.

 ePartner Sportyque Graphics

The use of Sportyque IP material as an Independent ePartner without further approval by Sportyque, is subject to the Terms of the GTC and its Addendums, and the additional Terms provide in the guidelines as follow;

1. 1. The names, marks, logos and slogans (IP), as granted for ePartner use, are shown below and are only available for Registered ePartner Download under personal ‘Account’ on the Sportyque website
   2. Sportyque IP images are exclusively for the use with, application on, or in conjunction with; any promotional materials or activities that promote only Sportyque products or services
   3. Any IP image may only be applied in the colors as shown below, and which Sportyque may supplement or amend fro, time to time
   4. Any Sportyque graphic must be displayed in full and remain distinctly visible in all applications and media
   5. Where Sportyque product or service advertisements, in any medium, are displayed with other advertisements, IP images must be displayed only within the clearly defined borders of any such Sportyque graphics that shall not be infringed by any other material
   6. Where ePartner is in doubt if any promotional material produced by ePartner may be perceived as a Sportyque production, such material must be submitted for written Sportyque approval before any display
   7. Sportyque reserves the sole right to request any ePartner to cease further use of any material that Sportyque considers to create the impression it is the property or production of Sportyque, or in any other way is deemed to be detrimental to the public image of Sportyque, its products or services, and the ePartner Program
   8. Sportyque reserves the right to close the account of any ePartner who is in clear breach of the understandings and intent of these Guidelines as provided, and which are a part of the Terms of the GTC