Terms & Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern this website's relationship with you in relation to this website.
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You are instructing us to enroll and register you as an affiliate of United Games, and you hereby accept & agree to all of United Games terms and conditions, and policies stated below and at the company website, as may be changed from time to time.  
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As Visitor/Subscriber, you understand the crucial United Games "Pause Policy" going into effect at midnight MST Monday October 10, 2016, and therefore, you understand the importance for us as upline sponsors to be working with individuals who are true and actual human beings and who are not "fake affiliate sign ups".  Therefore, in the event that we do not receive a response from you to our "Your United Games Submission Has Been Received" email to support@united-sports-app.com.fwdp.us by 4pm MST October 11, 2016, we will be authorized by you to deem you as not real and to remove you, your name, and any rights thereto from the affiliate position initially assigned, and issue that affiliate position to another person who indicates or validates to us that they are a real and true human being that is interested in working and building the United Games affiliate business.  
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In enrolling you and registering you as an affiliate, you request and authorized that we enter our credit card information, and you understand and agree in the event you want to continue as a United games affiliate, that you will replace our credit card information with your own on or before the date of the live launch of the United Games sports app.
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The term 'this website' or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

United Games User Terms & Conditions

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 13 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2. Copyright notice

2.1 Copyright (c) 2016 United Games, & United Games Marketing.

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) stream audio and video files from our website; and

(e) use our website services by means of playing the game subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

5. Registration and accounts

5.1 To be eligible for an individual account on our website under this Section 6, you must be at least 13 years of age.

5.2 You may pre-register for an account by completing and submitting the basic player pre-registration form on our website, and a confirmation email will be sent to you.

5.3 You must not allow any other person to use your account to access the website.

5.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.5 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

6. User login details

6.1 If you register for an account with our website, you will be asked to create a password and your email will be used as your user ID.

6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of account

7.1 We may:

(a) suspend your account; and/or

(b) cancel your account; at any time in our sole discretion without notice or explanation.

7.2 You may cancel your account at any time.

8. Your content: licence

8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media, and in relation to this website and any successor website.

8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.

8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

9. Your content: rules

9.1 You warrant and represent that your content will comply with these terms and conditions.

9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

10. Limited warranties

10.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

10.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

11. Limitations and exclusions of liability

11.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a) are subject to Section 11.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12. Breaches of these terms and conditions

12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) [suspend or delete your account on our website].

12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. Variation

13.1 We may revise these terms and conditions from time to time.

13.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

14. Assignment

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15. Severability

15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Third party rights

16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

16.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

17. Entire agreement

17.1 Subject to Section 12.1, these terms and conditions, together with our privacy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

18. Law and jurisdiction

18.1 These terms and conditions shall be governed by and construed in accordance with Utah Law.

18.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Utah, United States.

19. Statutory and regulatory disclosures

19.1 We are registered in the State of Utah

20. Our details

20.1 United Games website is owned and operated by United Games.

20.2 You can contact us:

(a) 105 South State #126, Orem UT 84058

(b) using our website contact form;

(d) by email, using support@unitedgamesmarketing.com

United Games User Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to the www.unitedgames.com site and United Games Marketing and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to United Games Marketing include www.unitedgames.com, United Games and United. The United Games website is a Sports Game site. By using the United Games website, you consent to the data practices described in this statement.

Collection of your Personal Information

United Games may collect personally identifiable information, such as your name. United Games may also collect anonymous demographic information, which is not unique to you, such as your age and Favorite sports and sports teams. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by United Games. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the United Games website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through United Games's public message boards, this information may be collected and used by others.

United Games encourages you to review the privacy statements of websites you choose to link to from United Games so that you can understand how those websites collect, use and share your information. United Games is not responsible for the privacy statements or other content on websites outside of the United Games website.

Use of your Personal Information

United Games collects and uses your personal information to operate its website(s) and deliver the services you have requested.

United Games may also use your personally identifiable information to inform you of other products or services available from United Games and its affiliates. United Games may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

United Games does not sell, rent or lease its customer lists to third parties.

United Games may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to United Games, and they are required to maintain the confidentiality of your information.

United Games may keep track of the websites and pages our users visit within United Games, in order to determine what United Games services are the most popular. This data is used to deliver customized content and advertising within United Games to customers whose behavior indicates that they are interested in a particular subject area.

United Games will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on United Games or the site; (b) protect and defend the rights or property of United Games; and, (c) act under exigent circumstances to protect the personal safety of users of United Games, or the public.

Use of Cookies

The United Games website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize United Games pages, or register with United Games site or services, a cookie helps United Games to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same United Games website, the information you previously provided can be retrieved, so you can easily use the United Games features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the United Games services or websites you visit.

Security of your Personal Information

Verisign

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

Verisign is an independent, third-party company engaged in the development of digital trust. Verisign provides authentication of Internet services, digital identity and intellectual property. By clicking on the Verisign logo, the Verisign website will serve up a web page that confirms that United Games is "Verisign Authenticated."

Children Under Thirteen

United Games does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from United Games by contacting us here.

Changes to this Statement

United Games will occasionally update this Statement of Privacy to reflect company and customer feedback. United Games encourages you to periodically review this Statement to be informed of how United Games is protecting your information.

Contact Information

United Games welcomes your questions or comments regarding this Statement of Privacy. If you believe that United Games has not adhered to this Statement, please contact United Games at:

United Games Marketing 105 South State #126 Orem, Utah 84058

Email Address: support@unitedgamesmarketing.com

Telephone number: 801-899-9133

Effective as of May 25, 2016

 

United Games Affiliate Agreement

Your Status as a United Games independent Affiliate is temporary. You must submit a properly completed IRS Form W-9 to United Games to complete your application. You are not eligible to receive compensation until you submit your properly completed W-9 to United Games at 105 South State #126, Orem, UT 84058. If you do not submit your W-9 within 30 days from the date on which you are prompted to do so in your Locker Room, your United Games business will be cancelled.

  1. I understand that as an Independent Affiliate (“Affiliate”) for United Games, LLC, dba United Games. (hereinafter “United Games”): a. I have the right to sell, and solicit orders for, United Games products and services in accordance with these Terms and Conditions. I understand that it is within the exclusive right of United Games to accept or reject orders that I submit. b. I have the right to enroll persons as Affiliates in United Games. c. If qualified, I have the right to earn commissions pursuant to the United Games Commission Plan.
  2. I agree to present the United Games Commission Plan and United Games products and services as set forth in official United Games literature.
  3. I agree that as a United Games Affiliate I am an independent contractor, and not an employee, partner, legal representative, or franchisee of United Games. I agree that I will be solely responsible for paying all expenses that I incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other business expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF UNITED GAMES FOR FEDERAL OR STATE TAX PURPOSES. United Games is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind. I understand that I am not entitled to workers compensation or unemployment security benefits of any kind from United Games.
  4. I shall comply with United Games' Policies and Procedures. The United Games' Policies and Procedures and the United Games Commission Plan are incorporated into and made a part of these Terms and Conditions (these three documents are collectively referred to as the “Agreement”). If I have not yet reviewed the Policies and Procedures at the time I execute this Agreement, I understand that they are posted in the Library section of my Locker Room. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from United Games. I understand that the Agreement, as well as the monthly Replicated Website and Back-Office subscription fee, may be amended at the sole discretion of United Games, and I agree to abide by all such amendments. Notification of amendments shall be posted in the Library section of my Locker Room. Amendments shall become effective 30 days after notice of the amendments is published, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. The continuation of my United Games business or my acceptance of bonuses or commissions after the effective date of amendments shall constitute my acceptance of any and all amendments.
  5. The term of this agreement is month-to-month (subject to prior cancellation pursuant to the Policies and Procedures). I understand that if I fail to pay my monthly United Games Tool & Locker Room fee my business will be suspended and cancelled as specified in the Policies and Procedures. In the event of cancellation, termination or non-renewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former sales organization. United Games reserves the right to terminate all Affiliate Agreements upon 30 days notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. United Games further reserves the right to discontinue accepting new Affiliate enrollments at its discretion.
  6. I may not assign any rights under the Agreement without the prior written consent of United Games. Any attempt to transfer or assign the Agreement without the express written consent of United Games renders the Agreement voidable at the option of United Games and may result in termination of my business.
  7. I understand that if I fail to comply with the terms of the Agreement, United Games may impose upon me disciplinary sanctions as set forth in the Policies and Procedures.
  8. The Agreement, in its current form and as amended by United Games at its discretion, constitutes the entire contract between United Games and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
  9. Any waiver by either Party of any breach of the Agreement must be in writing and signed by an authorized agent of the Party against which the waiver is asserted. Any waiver of a breach by a Party shall be a one-time waiver only and shall not operate or be construed as a waiver of any subsequent breach.
  10. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Agreement will remain in full force and effect.
  11. This Agreement will be governed by and construed in accordance with the laws of the State of Utah without regard to principles of conflicts of laws. In the event of a dispute between an Affiliate and United Games arising from or relating to the Agreement, the United Games business or program, or the rights and obligations of either party, the parties shall resolve the dispute as more fully described in the Policies and Procedures.
  12. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
  13. Maryland Residents: A participant may cancel the contract for any reason within 3 months after the date of receipt of goods or services first ordered; upon cancellation, the Company shall repurchase the goods; and the repurchase price shall be at least 90% of the original price paid by the participant.
  14. Montana Residents: A Montana resident may cancel his or her Affiliate Agreement within 15 days from the date on which this application is submitted, and may return his or her sales kit within such time period and is entitled to a full refund of the Activation Fee, Marketing Tool & Locker Room fee, and for any other consideration he/she paid within such time period to participate in the program.
  15. Louisiana, Massachusetts and Wyoming Residents: Should you cancel your Affiliate Agreement, United Games will refund 90% of your purchase price for any administrative fees you have incurred during the current year upon receipt of your written request.
  16. Puerto Rico Residents: You may cancel this Agreement at any time within 90 days from the date of enrollment, or at any time upon showing the Company's noncompliance with any of the essential obligations of the distribution contract or any act or omission by the Company adversely affecting the interests of the dealer in the development of the market of the properties or services. Your cancellation must be sent to the Company in writing and sent via registered mail. If you cancel under these conditions, the Company shall: (a) Reacquire the total of the products that you purchased from the Company which are in your possession and in good condition at a price of not less than ninety percent (90%) of their original net cost; (b) Return to you not less than ninety percent (90%) of the original net cost of any services that you acquired from the Company; (c) Return 90% of any sum paid by you for the purpose of participating in the business.
  17. I agree to release United Games and its affiliates from all liability arising from or relating to my promotion or operation of my United Games business and any activities related to it (e.g., the presentation of United Games products or Commission Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify United Games for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
  18. Participants in the Affiliate program have the right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address or via the Affiliate's Back-Office.
  19. If a Party wishes to bring an action against the other Party for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date on which the party knows, or through reasonable diligence should know, of the conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against the other Party for such act or omission. The Parties waive all claims that any other statute of limitations applies.
  20. I grant United Games an irrevocable license to reproduce and use my name, photograph, video, personal story, testimonial, and/or likeness in its advertising or promotional materials, including but not limited to use in online forums, and I waive all claims for remuneration for such use. I further waive my right to inspect or approve all draft, beta, preliminary, and finished material.
  21. I certify that I am at least 18 years of age.

I understand that I have FIVE DAYS from today's date to review the terms of this Application and Agreement, United Games' Policies and Procedures, and the United Games Commission Plan. If I do not agree to any provision in any of these documents, my sole recourse is to cancel my Application and Agreement to become a United Games Independent Affiliate.

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction (5 business days for AK residents 15 business days for ND residents age 65 or over). See the receipt that will be emailed to you for an explanation of this right.

Effective Date

The effective date of this Privacy Policy is April 18, 2016.

United Games Affiliate Policies & Procedures

  1. Policies and commission plan Incorporated into Affiliate Agreement; Amendments. These Policies and Procedures, in their present form and as amended at the sole discretion of United Games, LLC (hereafter "United Games" or the "Company"), are incorporated into the United Games Independent Affiliate Agreement. Throughout these Policies, when the term "Agreement" is used, it collectively refers to the United Games Independent Affiliate Agreement, the United Games Policies and Procedures, and the United Games commission plan.
  2. Independent Contractor Relationship. Affiliates are independent contractors and not employees of United Games. In all written, graphic, or digital material used for United Games business purposes, Affiliates must represent themselves as an "Independent United Games™ Affiliate." In verbal conversations with prospective Affiliates and customers, Affiliates must introduce themselves as an "independent United Games Affiliate." Affiliates shall not lead anyone to believe that they are employees of United Games.
  3. General Conduct. Affiliates shall safeguard and promote the good reputation of United Games and its products, and must avoid all illegal, deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in their personal and professional conduct. Affiliates shall not engage in any conduct that may damage the Company's goodwill or reputation. While it is impossible to specify all misconduct that would be contrary to this policy, and the following list is not a limitation on the standards of conduct to which Affiliates must adhere pursuant to this policy, the following standards specifically apply to Affiliates' activities:
  4. Social Media. In addition to meeting all other requirements specified in these Policies, should an Affiliate utilize any form of social media in connection with their United Games business, including but not limited to blogs, Facebook, Twitter, Linkedin, YouTube, or Pinterest, the Affiliate agrees to each of the following:
  5. Affiliate Created Marketing Methods, Advertising, and Promotional Material (Sales Tools). To ensure that the Sales Tools are not deceptive, contain only substantiated claims, all Affiliate created Sales Tools must be submitted to the Company and receive written approval before they can be used or made public. Affiliates who receive written authorization from United Games to produce and publish Sales Tools may make approved Sales Tools available to other Affiliates free of charge if they wish, but may not sell the Sales Tools to other United Games Affiliates (any sale or attempt to sell Sales Tools to another Affiliate will result in the termination of the offending Affiliate's United Games business). United Games reserves the right to rescind approval for any approved Sales Tools, and Affiliates waive all claims against United Games, its officers, directors, owners, employees, and agents for damages, expenses, costs, or remuneration of any other nature arising from or relating to such rescission. Approved Sales Tools will be posted in the Marketing Library section of Affiliates' Locker Rooms, and will be available for all Affiliates' use free of charge. The Affiliate(s) who created the Sales Tools grants United Games and other Independent Affiliates an irrevocable license to use the Sales Tools for United Games business purposes at its discretion, and waives all claims, including but not limited to intellectual property right claims, and/or claims for remuneration against United Games, its officers, directors, owners, agents, and other Independent Affiliates for such posting and/or use of the Sales Tools.

    Affiliates may not use any of United Games' trademarks, trade names (including but not limited to the term "United Games"), artwork, logo, or other intellectual property In any social media posting or other Associate produced promotional material.

  6. Trademarks and Copyrights. The name "United Games" and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks of United Games. Affiliates are prohibited from using United Games' trademarks and trade names in promotional media. Under no circumstances may an Affiliate use any of United Games' trademarks or trade names in any email address, website domain name, social media handle, social media name or address, or in any Sales Tools.

    United Games commonly puts on live and recorded events as well as webinars and telephone conference calls. During these events Company executives, Affiliates, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Affiliates may not record company functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium.

    In addition, Company produced Sales Tools, videos, audios, podcasts, and printed material is also copyrighted. Affiliates shall not copy any such materials for their personal or business use without the Company's prior written approval.

  7. Affiliate Web Sites and Mobile Applications. Affiliates may create one external website or mobile app to promote their United Games business and United Games products, but such external website or mobile app must comply with the following: United Games reserves the right to rescind approval for any approved external web site or mobile application, and Affiliates waive all claims against United Games, its officers, directors, owners, employees, and agents for damages, expenses, costs, or remuneration of any other nature arising from or relating to such rescission.
  8. Change of Referer. The only means by which an Affiliate may legitimately change his/her Referer is by voluntarily canceling his/her United Games business in writing and remaining inactive for six (6) full calendar months. Following the six calendar month period of inactivity, the former Affiliate may reapply under a new Referer. The Affiliate will lose all rights to his/her former sales organization upon his/her cancellation.
  9. Waiver of Claims. In cases wherein an Affiliate improperly changes his/her Referer, United Games reserves the sole and exclusive right to determine the final disposition of the sales organization that was developed by the Affiliate in his/her second independent business. AFFILIATES WAIVE ANY AND ALL CLAIMS AGAINST UNITED GAMES, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM UNITED GAMES'S DECISION REGARDING THE DISPOSITION OF ANY SALES ORGANIZATION THAT DEVELOPS BELOW AN AFFILIATE WHO HAS IMPROPERLY CHANGED HIS/HER REFERER.
  10. Income Claims. When presenting or discussing the United Games opportunity or commission plan to a prospective Affiliate, Affiliates may not make income projections, income claims, income testimonials, or disclose their United Games income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records), or the income of any other United Games Affiliate. Nor may Affiliates make "lifestyle" income claims. A "lifestyle" income claim is a statement or depiction that infers or states that the Affiliate is able to enjoy a luxurious or successful lifestyle due to the income they earn from their United Games business. Examples of prohibited lifestyle claims include, but are not limited to, representations (either through audio or visual medium) that an Affiliate was able to quit his/her job, acquire expensive or luxury material possessions, or travel to exotic or expensive destinations.
  11. Commission plan and Program Claims. When presenting or discussing the United Games commission plan, you must make it clear to prospects that financial success in United Games requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include, but are not limited to: The above are just examples of improper representations about the commission plan and the Company's program. It is important that you do not make these, or any other representations, that could lead a prospect to believe that they can be successful as an Affiliate without commitment, effort, and sales skill.
  12. Media Inquiries. Affiliates must not interact with the media regarding the United Games business or products. All inquiries from the media, including radio, television, print, online, or any other medium, shall be directed to United Games' marketing department.
  13. Nonsolicitation. United Games Affiliates are free to participate in other network marketing programs. However, during the term of this Agreement and for one year thereafter, with the exception of an Affiliate's personally Referred Affiliates, an Affiliate may not directly or indirectly Recruit other United Games Affiliates for any other network marketing business. The term "Recruit" means the direct or indirect, actual or attempted, sponsorship, referral, solicitation, enrollment, encouragement, or effort to influence in any other way, another United Games Affiliate to enroll or participate in a network marketing opportunity. This conduct constitutes Recruiting even if the Affiliate's actions are in response to an inquiry made by another Affiliate or customer.

    If an Affiliate is engaged in other nonUnited Games business or network marketing program, it is the responsibility of the Affiliate to ensure that his or her United Games business is operated entirely separate and apart from all other businesses and/or network marketing programs. To this end, the Affiliate must not:


    United Games and Affiliate agree that any violation of this policy shall cause United Games irreparable harm for which there is no adequate remedy at law, and the injury to United Games shall outweigh the potential injury to Affiliate, and therefore United Games shall be entitled to emergency and permanent injunctive relief to prevent further violations of this policy.
  14. Handling Personal Information. If you receive Personal Information from or about prospective Affiliates or customers, it is your responsibility to maintain its security. You should shred or irreversibly delete the Personal Information of others once you no longer need it. Personal Information is information that identifies, or permits you to contact, an individual. It includes a customer's, potential customers, Affiliates and prospective Affiliates' name, address, email address, phone number, credit card information, social security or tax identification number and other information associated with these details.
  15. Confidential Information. "Confidential Information" includes, but is not limited to, the identities, contact information, and/or sales information relating to United Games' Affiliates and/or customers: (a) that is contained in or derived from any Affiliates' respective Locker Room; (b) that is derived from any reports issued by United Games to Affiliates to assist them in operating and managing their United Games business; and/or (c) to which an Affiliate would not have access or would not have acquired but for his/her affiliation with United Games. Confidential Information constitutes proprietary business trade secrets belonging exclusively to United Games and is provided to Affiliates in strict confidence. Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Affiliate's use in building and managing his/her Independent United Games business.

    Any violation of this policy shall cause United Games irreparable harm for which there is no adequate remedy at law. The parties further agree that the harm to United Games shall outweigh any harm to Affiliate if injunctive relief is awarded to the Company. United Games shall therefore be entitled to immediate and permanent equitable relief to prevent further violations of this policy.

  16. Product Inventory & Bonus Buying. Affiliates may not carry an inventory of United Games products for resale. All products are direct deposited into Customers' accounts by the Company. In addition, bonus buying is strictly prohibited. Bonus buying is the purchase of merchandise for any reason other than bona fide resale or use, or any mechanism or artifice to qualify for rank advancement or maintenance, incentives, prizes, commissions or bonuses that are not driven by bona fide product purchases by end user consumers for actual use.
  17. Limitations on Affiliate and Household Businesses. Affiliates may own, operate, control, or have an interest in, only one United Games business.
  18. Actions of Affiliated Parties and Household Members. The term "Business Entity" shall mean any corporation, partnership, limited liability company, trust or other entity that owns or operates a United Games independent business. The term "Affiliated Party" shall mean any individual, partnership, trust, limited liability company, or other entity that has an ownership interest in, or management responsibility for, a Business Entity.

    A Business Entity and each Affiliated Party must comply with the Agreement. If a Business Entity and/or any Affiliated Party violates the Agreement, United Games may take disciplinary action against the Business Entity and/or against any or all of the Affiliated Parties. In addition, if a household family member of an Affiliate engages in conduct that would be a violation of the Agreement, the conduct of the household family member may be imputed to the Affiliate.

  19. Negative Comments. Complaints and concerns about United Games should be directed to the customer Service Department. Affiliates must not disparage, demean, or make negative remarks to third parties or other Affiliates about United Games, its owners, officers, directors, management, other United Games Affiliates, the Marketing and Commission plan, or United Games' directors, officers, or employees. Disputes or disagreements between any Affiliate and United Games shall be resolved through the dispute resolution process, and the Company and Affiliates agree specifically not to demean, discredit, or criticize one another on the Internet or any other public forum.
  20. Adjustment to Bonuses and Commissions. Compensation stemming from product sales is fully earned when the applicable return, repurchase, and chargeback periods applicable to product sales have all expired. If a product is returned to United Games for a refund or is repurchased by the Company, or a chargeback occurs, the compensation attributable to the returned or repurchased product(s) will be recovered by the Company. Unearned compensation will be deducted, in the month in which the refund is issued or the chargeback occurs, and continuing every pay period thereafter until the commission is recovered, from the Affiliates who received bonuses and commissions on the sales of the refunded products.

    United Games reserves the right to withhold or reduce any Affiliate's compensation as it deems necessary to comply with any garnishment or court order directing United Games to retain, hold, or redirect such compensation to a third party.

  21. Membership and Billing United Games will begin billing the credit card for monthly fees immediately following completed sign up process after our initial launch. The payment method will be authorized for up to one month of service as soon as registration occurs if you enroll on a monthly membership. Upon successful payment, you will be given immediate access to the United Games Locker Room. We will continue to bill the credit card on a monthly basis until you cancel your membership.

    There are no refunds or credits for partially used periods.

    We reserve the right to modify, terminate or amend our membership plans.

    Charges will appear on your credit card statement as "ALW*unitedgames.com8889446623" . Our billing address is:

    UG Marketing, Ltd.
    Office 3 Unit R, Penfold Trading Estate,
    Imperial Way, Watford, Hertfordshire, WD24 4YY

  22. Billing By enrolling in the United Games affiliate program, you expressly agree that United Games is authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the United Games membership service to the credit card you provided during registration (or to a different credit card if you change your account information). Prices and charges are subject to change with notice. As used in these policies and procedures, "billing" shall indicate either a charge or debit, as applicable, against your credit card. The membership fee will be billed monthly until you cancel your membership. United Games automatically bills your credit card each month on the calendar day corresponding to the commencement of your paying membership, or a specific calendar day that may be elected to be billed. The Member is responsible to the credit card issuer for paying any foreign transaction fees associated with a United Games membership. United Games may also periodically authorize your credit card in anticipation of membership or related charges.

    PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

    United Games may provide a refund, discount or other consideration at any time and for any reason. The amount and form of such credits, and the decision to provide them, are at United Games’s sole and absolute discretion. Awarding credits or refunds to you in one instance does not entitle you to refunds or credits in the future for similar instances, nor does it obligate United Games to provide credits in the future, under any circumstance.

    United Games may change fees and charges in effect, or add new fees and charges from time to time, but will notify, in advance, these changes via email and/or text message.

    If you wish to use a different credit card or if there is a change in the existing credit card, such as expiration date or billing address, you should update your credit card information in the Profile section of your account in the United Games Locker Room. If the credit card on file reaches its expiration date and you do not update the information, you will not be able to access Locker Room content until the credit card information is updated and the account brought back to good, paying, status.

    If the credit card on file declines for any reason, United Games reserves the right to retry the payment each day until we are able to successfully charge the credit card, or until we have reached our maximum number of retries. If our maximum number of retries has been reached and we have not been able to process a successful payment, your United Games affiliate membership will be put on hold and you will not be able to access the Locker Room content until the credit card information is updated and the account brought back to good, paying, status.

  23. Ongoing Membership The United Games membership will continue month-to-month until you cancel the membership or United Games terminates it.
  24. Right to Terminate United Games reserves the right to terminate memberships or restrict use of our service, without notice, for any or no reason whatsoever.
  25. Billing Disputes For any billing related disputed, please contact us by email at disputes@unitedgames.com, or call us at 888-944-6623.
  26. Return of Merchandise and Sales Aids by Affiliates Upon Cancellation or Termination. Upon cancellation or termination of an Affiliate's Agreement, the Affiliate may return products and Sales Tools that he or she personally purchased from United Games within 12 months prior to the date of cancellation (the one year limitation shall not apply to residents of Maryland, Massachusetts, Wyoming and Puerto Rico) so long as the goods are in currently marketable condition. The goods must be returned within 30 days from the date of the Affiliate's cancellation or termination. Upon the Company's receipt of returned goods and confirmation that they are in currently marketable condition, the Affiliate will be reimbursed 90% of the net cost of the original purchase price(s). If the purchases were made through a credit card, the refund will be credited back to the same account. The merchandise must be returned within 30 days from the date of cancellation/termination. Marketing Tool and Locker Room site fees are not refundable except as may be required under applicable state law.
  27. Order Cancellation. Retail customers have three business days (5 business days for Alaska residents, 15 days for residents of North Dakota age 65 and over.) Saturday is a business day, Sundays and legal holidays are not business days) within which to cancel their purchase and receive a full refund upon return of the products in substantially as good condition as when they were delivered.
  28. Montana Residents. A Montana resident may cancel his or her Affiliate Agreement within 15 days from the date of enrollment, and may return his or her sales kit within such time period and is entitled to a full refund for the sales kit and for any other consideration he/she paid in such time period to participate in the program.
  29. Disciplinary Sanctions. Violation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Affiliate that the Company reasonably believes may damage its reputation or goodwill, may result in the suspension or termination of the Affiliate's United Games business, and/or any other disciplinary measure that United Games deems appropriate to address the misconduct. In situations deemed appropriate by United Games, the Company may institute legal proceedings for monetary and/or equitable relief.
  30. Indemnification. Affiliates agree to indemnify United Games for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements or payments of any other nature that United Games incurs resulting from or relating to any act or omission by Affiliate that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. United Games may elect to exercise its indemnification rights through withholding any compensation due the Affiliate. This right of setoff shall not constitute United Games' exclusive means of recovering or collecting funds due United Games pursuant to its right to indemnification.
  31. Effect of Cancellation. An Affiliate whose business is cancelled for any reason will lose all Affiliate rights, benefits and privileges. This includes the right to represent yourself as an Independent United Games Affiliate, to sell United Games products and services and the right to receive commissions, bonuses, or other income resulting from his/her own sales and the sales and other activities of the Affiliate and the Affiliate's former sales organization. There is no whole or partial refund for Affiliate Kit fees or renewal fees if an Affiliate's business is cancelled.
  32. Voluntary Cancellation. Voluntary Cancellation. You may cancel your business at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address or by canceling his/her business through the Locker Room. The written notice must include the Affiliate's signature, printed name, address, and Affiliate I.D. Number. An Affiliate may also voluntarily cancel his/her United Games business by failing to pay your monthly Locker Room and Marketing Tools fees.
  33. Cancellation for Failure to Pay Monthly Locker Room and Marketing Tool Fees. If you fail to pay your monthly Locker Room and Marketing Tools fee, your business will be placed on suspension for up to six consecutive months. After six consecutive months of nonpayment your business will be permanently cancelled and may not be reinstated. Prior to permanent cancellation you may reinstate your business by paying the current and all past due monthly Locker Room and Marketing Tool fees.
  34. Business Transfers. Affiliates in good standing who wish to sell or transfer their business must receive United Games' prior written approval before the business may be transferred. Requests to transfer a business must be submitted in writing to the Compliance Department at compliance@unitedgames.com. It is within United Games' discretion whether to allow a business sale or transfer, but such authorization shall not be unreasonably withheld. However, no business that is on disciplinary probation, suspension, or under disciplinary investigation may be transferred unless and until the disciplinary matter is resolved. Prior to transferring a business to a third party, the Affiliate must offer United Games the right of first refusal to purchase the business on the same terms as negotiated with a third party. The Company shall have ten days to exercise its right of first refusal.
  35. Transfer Upon an Affiliate's Death. An Affiliate may devise his/her business to his/her heirs. Because United Games cannot divide commissions among multiple beneficiaries or transferees, the beneficiaries or transferees must form a business entity (corporation, LLC, partnership, etc.), and United Games will transfer the business in its entirety and issue commissions to the business entity. In the case of a business transfer via testamentary instrument, the beneficiary of the business must provide United Games with certified letters testamentary and written instructions of the trustee of the estate, or an order of the court, that provides direction on the proper disposition of the business. The beneficiary must also execute and submit to the Company a United Games Affiliate Agreement within 30 days from the date on which the business is transferred by the estate to the beneficiary or the business will be cancelled.
  36. Business Distribution Upon Divorce. United Games is not able to divide commissions among multiple parties, nor is it able to divide a sales organization. Consequently, in divorce cases, any settlement or divorce decree must award the business in its entirety to one party. United Games will recognize as the owner of the business the former spouse to who is awarded the business pursuant to a legally binding settlement agreement or decree of the court. The former spouse who receives the United Games business must also execute and submit a United Games Affiliate Agreement within 30 days from the date on which the divorce becomes final or the business will be cancelled.
  37. Dissolution of a Business Entity. United Games is not able to divide commissions among multiple parties, nor is it able to divide a sales organization. Consequently, in the event that a business entity that operates a United Games business dissolves, the owners of the business entity must instruct the Company on the identity of the proper party who is to receive the business. The United Games business must be awarded in its entirety to a single individual or entity that was previously recognized by the Company as an owner of the business entity; the Company cannot divide the business among multiple parties or issue separate commission payments. If the business entity wishes to sell or transfer its United Games business, it must do so pursuant to Policy 28. In addition, the recipient of the United Games business must also execute and submit a United Games Affiliate Agreement to the Company within 30 days from the date of the dissolution of the business entity or the United Games business will be cancelled.
  38. Assignment and Delegation by United Games. United Games shall not assign its rights in the Agreement of any individual Affiliate to any third-party without the written consent of the Affiliate. Notwithstanding the foregoing, if the assets of United Games, or a controlling ownership interest in United Games, is transferred to a third party, United Games may assign its rights and delegate its duties and obligations under the Agreement to such third party as part of the sale or transfer.
  39. Inducing Affiliates to Violate the Agreement. Affiliates shall not induce, encourage, or assist another Affiliate to violate the Agreement.
  40. Reporting Errors. If an Affiliate believes that United Games has made an error in his/her compensation, the structure or organization of his/her genealogy, or any other error that impacts the Affiliate's income, he/she must report it to the Company in writing within 60 days from the date on which the mistake occurred. While United Games shall use its best efforts to correct errors reported more than 60 days after the date of the error, United Games shall not be responsible to make changes or remunerate Affiliates for losses for mistakes that are reported more than 60 days after the mistake occurs.
  41. International Activities. Affiliates may not sell United Games products or conduct business activities of any nature, in any foreign country that the Company has not announced is officially open for business.
  42. Dispute Resolution
    1. Confidential Arbitration Except as otherwise provided in the Agreement, any controversy or claim seeking arises out of or relates to the Agreement, the breach thereof, or the United Games business shall be settled through binding confidential arbitration. The Parties waive rights to trial by jury or to any court. The arbitration shall be filed with, and administered by JAMS in accordance with the Rules and Procedures, which are available on the JAMS website at http://www.jamsadr.com/rulesclauses/xpqGC.aspx?xpST=RulesClauses. Copies of JAMS Rules and Procedures will also be emailed to Affiliates upon request to United Games' customer Service Department. Notwithstanding the rules of JAMS, unless otherwise stipulated by the Parties, the following shall apply to all Arbitration actions:
      • The Federal Rules of Evidence shall apply in all cases;
      • The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
      • The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
      • The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah, without regard to principles of conflicts of laws, shall govern all other matters relating to or arising from the Agreement and the United Games business;
      • The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
      • The Parties shall be allotted equal time to present their respective cases;
      All arbitration proceedings shall be held in Orem, Utah or in another forum of your choice. The parties may select a mutually agreeable neutral arbitrator. If the parties do not agree on an arbitrator within 60 days from the date on which the arbitration is filed, the petitioner shall request that the AAA appoint an arbitrator. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court to which the Parties have consented to jurisdiction as set forth in the Agreement. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.
      • Remedies that are available to you under applicable federal, state or local laws remain available under this arbitration policy.
      • If you institute arbitration against United Games, the only arbitration fee you will be required to pay is $250. All other arbitration fees shall be borne by United Games including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You shall be responsible for paying your own attorney's fees, expert witness fees, and costs associated with prosecuting your case. If United Games initiate arbitration, United Games will be responsible to pay all costs associated with the arbitration.
      An Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

    2. The parties, their respective agents and attorneys, and the arbitrator shall maintain the confidentiality of the arbitration proceedings and all evidence associated with the arbitration, and shall not disclose to any third party:
      • The substance of, facts underlying, or basis for, the controversy, dispute, or claim;
      • The substance or content of any settlement offer or settlement discussions or offers associated with the dispute;
      • The pleadings, the content of any pleadings, and exhibits to the pleadings, filed in any arbitration proceeding;
      • The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
      • The terms or amount of any arbitration award;
      • The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
      If a Party violates its confidentiality obligations under this arbitration policy, the nonbreaching party shall incur significant damages to its reputation and goodwill that shall not be readily calculable. Therefore, if a Party, its attorneys or agents breach the confidentiality provisions of this policy, the non breaching Party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, and $25,000 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or on any social media forum. Every disclosure of each allegation, pleading, claim or other prohibited disclosure shall constitute a separate violation. Nothwithstanding this confidentiality and liquidated damage provision, nothing herein shall limit the right or ability of a Party to disclose evidence or allegations relating to the dispute to any individual who is, or who may be, a witness to the dispute. The Parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes a penalty.
    3. Disputes Not Subject Arbitration or Mediation.
      • Small Claims. You may seek remedies in small claims court for disputes or claims within the scope of the jurisdiction of the small claims court in the jurisdiction in which you reside so long as it is the only forum in which the dispute is pending.
      • Equitable Relief. Notwithstanding the foregoing arbitration agreement, nothing in the Agreement shall prevent either party from applying to and obtaining from any court to which the Parties have consented to jurisdiction as set forth in the Agreement a temporary restraining order, preliminary or permanent injunction, or other equitable relief to safeguard and protect the party's intellectual property, trade secrets, and/or confidential information, including but not limited to enforcement of its rights under the Non-solicitation provisions of the Agreement.
    4. Class Action Waiver. All disputes arising from or relating to the Agreement, or arising from or relating to the United Games business, shall be brought and proceed on an individual basis. The parties waive their rights to pursue any arbitration or lawsuit against the other party and/or their respective owners, officers, directors and agents, on a class or consolidated basis. You may opt out of this class action waiver if you wish by submitting written notice to the Company of your desire to opt out within 30 days from the date on which you enroll as an Affiliate. Submit your written opt-out notice to the Company at 105 South State #126, Orem, UT 84058.
    5. Liquidated Damages. In any case which arises from or relates to the wrongful termination of an Affiliate's Agreement and/or independent business, the parties agree that damages will be extremely difficult to ascertain. Therefore, the parties stipulate that if the involuntary termination of an Affiliate's Agreement and/or loss of their independent business is proven and held to be wrongful under any theory of law, Affiliate's sole remedy shall be liquidated damages calculated as follows:
      • For Affiliates at the "Paid As" rank Amateur through Assistant Coach liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to United Games' commission plan in the twelve (12) months immediately preceding the termination.
      • For Affiliates at the "Paid As" rank Head Coach through Manager liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to United Games' commission plan in the eighteen (18) months immediately preceding the termination.
      • For Affiliates at the "Paid As" rank General Manager through Commissioner liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to United Games' commission plan in the twenty-four (24) months immediately preceding the termination.
    6. Gross compensation shall include commissions and bonuses earned by the Affiliate pursuant to United Games' commission plan as well as retail profits earned by Affiliate for the sale of United Games merchandise. However, retail profits must be substantiated by providing the Company with true and accurate copies of fully and properly completed retail receipts provided by Affiliate to customers at the time of the sale.

      The Parties agree that the foregoing liquidated damage schedule is fair and reasonable.

      An Affiliate's "Paid As" rank is the rank or title at which they actually qualified to earn compensation under the United Games commission plan during a pay-period. For purposes of this Policy, the relevant pay-period to determine an Affiliate's "Paid As" rank is the pay-period during which the Affiliate's business is placed on suspension or terminated, whichever occurs first. The "Paid As" rank differs from the "Title Rank," which is the highest title or rank that an Affiliate has ever achieved under the United Games commission plan.

    7. Damage Waiver. In any action arising from or relating to the Agreement, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary and punitive damages.
    8. Governing Law, Jurisdiction and Venue. Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Utah County, State of Utah, or the United States District Court for the District of Utah. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah, without regard to principals of conflicts of laws, shall govern all other matters relating to or arising from the Agreement.
    9. Survival. This dispute resolution policy shall survive the termination of the Agreement.
    10. Louisiana Residents. Notwithstanding the foregoing, and the arbitration provision set forth above, residents of the State of Louisiana shall be entitled to bring an action against United Games in their home forum and pursuant to Louisiana law.

Effective Date

The effective date of this Policies and Procedures is April 18, 2016.

United Games Website and Affiliate Login Site Privacy Policy

You have entered a Marketing Tools website of an Independent Affiliate for United Games, LLC, the Locker Room site of a United Games Independent Affiliate, the corporate website of United Games (referred to herein as “United Games”, “our”, “us” or “we”), or you have accessed our the United Games app as a player or the United Games Affiliate enrollment app. Throughout this privacy policy, these websites and apps are collectively referred to as the “Site.” The Site is operated by United Games, and is hosted on the server of United Games' third-party technology provider. The information you submit on the Site is accessed by United Games but not the Independent Affiliate to whom the Site is assigned (except as set forth in this privacy policy). By visiting this Site and providing information to United Games you consent to the following privacy policy, use and disclosure of information.

INFORMATION COLLECTION

Personally Identifiable Information

Through your use of or visits to our websites, you may be required or requested to provide personally identifiable information to us. Personally identifiable information is any piece of information that can potentially be used to uniquely identify, contact, or locate a single person including names, addresses, email addresses, telephone numbers, social security and tax identification numbers, and credit card or banking information.

Affiliate and Customer Information

In order to become an Affiliate or customer, you must provide biographical and contact information (such as name, mailing address, telephone numbers, and email address) to us. Affiliate applicants must also provide personal information such as an applicant's Social Security Number or Federal Tax ID Number so that we may prepare and file necessary non-employee compensation forms for the IRS. Affiliates and customers are also required to provide payment information (such as credit card, debit card, or checking account information). We use this information to maintain contact with Affiliates and customers, to process Affiliate and customer orders, and for billing purposes. In addition, our Player App contains a geolocator feature that tracks your physical location. We collect this information so that we can connect players in close geographic proximity to one another. It also assists us to develop your player profile by enabling us to identify sports teams that players may find interesting.

INFORMATION USE & SHARING

Personally Identifiable Information

United Games DOES NOT share personally identifiable information except with contracted service providers as may be necessary to: (a) process orders and/or returns and obtain payment; (b) complete an enrollment as an Affiliate or customer; (c) maintain our genealogy database; (d) issue payment and report income to taxing authorities; and (e) maintain communication with you. We also provide personally identifiable information: (a) to referring Affiliate(s) and other Affiliates who earn, or may earn, compensation on your sales volume (we will not share your financial information or social security number with any other Affiliate); and/or (b) to list the Affiliate on the Company's Affiliate locator feature on the Company's website; (c) to assign a sales or enrollment lead to an Affiliate; (d) to governmental agencies as required pursuant to law. We also provide information on your general physical location (but not your physical address) and your player profile to other players in your geographic area so that you can compete in our games with those in your area who may share a common interest in a sport or game.

Genealogy Information

United Games provides certain information to Affiliates regarding the other Affiliates and Customers enrolled in an Affiliate's sales organization. If you enroll as an Affiliate or Customer with United Games, your name, address, email address, telephone number, and sales volume information will be provided to other Affiliates. No other personally identifiable information will be shared with other Affiliates. Information relating to Affiliates is made available to United Games Affiliate subject to a confidentiality and non-solicitation covenant in the agreement that each Affiliate enters into with United Games. However United Games does not warrant that other Affiliates will adhere to the confidentiality and non-solicitation covenants, and United Games shall not be responsible for Affiliates' violation of these covenants.

Sales Information

If you make a purchase through an Affiliate's Marketing Tools, we will provide the Affiliate to whom the Site is assigned with your name, contact information, a description of the item(s) purchased, and the sales volume associated with the purchase. No other personally identifiable information will be shared with the Affiliate.

Aggregate Information (non-personally identifiable)

United Games may share aggregated demographic information with our partners, vendors, suppliers, third party providers, and advertisers. This is not linked to any personally identifiable information.

Business Transitions

In the event United Games goes through a business transition, such as being acquired by another company, or selling all or part of its assets, the personal information of Affiliates and customers will, in most instances, be part of the assets transferred. In such a case your personally identifiable information will be subject to the privacy policy of the entity that acquires United Games.

Lead Assignment and Affiliate Locater Features

United Games occasionally will assign prospective sales and new Affiliate leads to Affiliates. In these cases, we will provide the lead with the appropriate Affiliate's name and contact information and/or provide an Affiliate with the prospective lead's name and contact information. In addition, United Games has an Affiliate Locator feature on its website. Pursuant to this feature, a prospective customer or new Affiliate can locate a nearby United Games Affiliate. In order to make the Affiliate Locator feature and the lead assignments effective, the company will provide the prospective customer or new Affiliate with the Affiliate's name and contact information, which may include his/her telephone number, address, and/or email address.

Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures

United Games will provide confidential and personally identifiable information as necessary to comply with judicial and administrative orders, subpoenas, Civil or Criminal Investigative Demands, Administrative and Regulatory Demands and other legal obligations. In order for United Games to conduct business in certain jurisdictions, United Games may be called upon to disclose certain personally identifiable and confidential information to regulatory authorities in those jurisdictions. Such information may include, but is not limited to, income information and personally identifiable information. We will provide such information as we deem necessary.

Surveys

If we deem it necessary or appropriate to conduct a consumer survey for any business purpose, we may provide your personally identifiable information to a third party survey provider. If we do so, we will not provide such third party survey provider with your credit card or banking information or your social security number.

COMMUNICATIONS FROM US

Special Offers and Updates

United Games sends all new Affiliates and Customers a welcoming email or text message to verify password, username, and acceptance of the Affiliate Agreement or Customer Agreement. All Affiliates and Customers will occasionally receive information on the United Games business, products, services, special deals, and a newsletter.

Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send Affiliates and/or customers an email. Generally, Affiliates may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Affiliate and Customer Service

United Games communicates with Affiliates and Customers via email, regular mail and telephone on a regular basis to provide requested services and in regards to issues relating to their United Games business. United Games communicates with customers with respect to products or services purchased by such customers from United Games. Such communications may be by email, regular mail, text message or telephone. United Games also communicates with Affiliates through leaving messages in Affiliates' Locker Rooms.

MISCELLANEOUS

Dispute Resolution

a. Any controversy or claim seeking arises out of or relates to the this privacy policy shall be settled through binding confidential arbitration. The Parties waive rights to trial by jury or to any court. The arbitration shall be filed with, and administered by JAMS in accordance with the Rules and Procedures, which are available on the JAMS website at http://www.jamsadr.com/rulesclauses/xpqGC.aspx?xpST=RulesClauses. Copies of JAMS Rules and Procedures will also be emailed to Affiliates upon request to United Games' customer Service Department. Notwithstanding the rules of JAMS, unless otherwise stipulated by the Parties, the following shall apply to all Arbitration actions:

All arbitration proceedings shall be held in Orem, Utah or in another forum of your choice. The parties may select a mutually agreeable neutral arbitrator. If the parties do not agree on an arbitrator within 60 days from the date on which the arbitration is filed, the petitioner shall request that the JAMS appoint an arbitrator. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court to which the Parties have consented to jurisdiction as set forth in the Agreement. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.

An Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

The parties, their respective agents and attorneys, and the arbitrator shall maintain the confidentiality of the arbitration proceedings and all evidence associated with the arbitration, and shall not disclose to any third party:

If a Party violates its confidentiality obligations under this arbitration policy, the nonbreaching party shall incur significant damages to its reputation and goodwill that shall not be readily calculable. Therefore, if a Party, its attorneys or agents breach the confidentiality provisions of this policy, the nonbreaching Party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, and $25,000 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or on any social media forum. Every disclosure of each allegation, pleading, claim or other prohibited disclosure shall constitute a separate violation. Nothwithstanding this confidentiality and liquidated damage provision, nothing herein shall limit the right or ability of a Party to disclose evidence or allegations relating to the dispute to any individual who is, or who may be, a witness to the dispute. The Parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes a penalty.

b. Disputes Not Subject Arbitration or Mediation.

c. Class Action Waiver. All disputes arising from or relating to the Agreement, or arising from or relating to the United Games business, shall be brought and proceed on an individual basis. The parties waive their rights to pursue any arbitration or lawsuit against the other party and/or their respective owners, officers, directors and agents, on a class or consolidated basis. You may opt out of this class action waiver if you wish by submitting written notice to the Company of your desire to opt out within 30 days from the date on which you enroll as an Affiliate. Submit your written opt-out notice to the Company at 105 South State #126, Orem, UT 84058.

Changes to this Privacy Policy

United Games reserves the right to amend or change this Privacy Policy at any time at its sole discretion. When material changes or amendments are made to the Privacy Policy, we will announce the same under the Privacy Policy tab for a period of at least 30 days prior to implementation of the amended Privacy Policy.

Links

United Games' websites may contain links to or from other sites. Please be aware that United Games is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by United Games websites.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Children's Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not knowingly collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Questions

Questions regarding this Privacy Policy should be directed to customercare@unitedgames.com or by mail to United Games, 105 South State #126, Orem, UT 84058.

Effective Date

The effective date of this Privacy Policy is April 18, 2016.

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