Terms & Conditions

1. Acceptance of Terms: By accessing and using the Pickleland website, services and facilities, you agree to abide by these Terms and Conditions. If you do not agree with any part of these terms, please refrain from using the website or visiting our facility.

2. Use of Content: All content on the website, including text, images, and other materials, is for informational and recreational purposes only. You may not use, modify, or reproduce any content without explicit permission from Pickleland.

3. Booking and Reservations: Booking of courts or any facilities offered by Pickleland through the website is subject to availability. Reservation confirmation will be sent via email. Any cancellations or modifications should be made within the specified time frame. We reserve the right to cancel your reservation without notice if needed in the case of an emergency. We may cancel your reservation (and provide a refund) if our facility can’t honor your original time. 

4. Code of Conduct: Users of the website and visitors to Pickleland are expected to conduct themselves in a respectful and sportsmanlike manner. Any behavior deemed inappropriate, disruptive, or harmful to others may result in the suspension of access privileges. We reserve the right to refuse admission to anyone who doesn’t comply with our rules.  

5. Liability Waiver: Participants and visitors engage in activities at their own risk. Pickleland LLC is not liable for any injuries, accidents, or damage to personal property that may occur on the premises or as a result of using the website. You will be required to sign a liability and image release waiver on your first visit to Pickleland. 

6. Privacy Policy: Pickleland respects your privacy. Personal information collected through the website will be used to manage reservations and communicate relevant information such as upcoming events, leagues, tournaments, or account updates including payment issues, renewals, and more. 

7. Modification of Terms: Pickleland reserves the right to modify these terms and conditions at any time. Users are responsible for regularly reviewing the terms to stay informed about any changes.

8. Termination of Access: Pickleland reserves the right to terminate or restrict access to the website or facility for any reason without notice. This includes instances of violation of these terms or any applicable laws.

9. Governing Law: These terms and conditions are governed by and construed in accordance with the laws of the State of Texas. Any disputes arising from the use of the website will be subject to the exclusive jurisdiction of the courts in Austin, Texas.

By using the Pickleland website, you acknowledge that you have read, understood, and agreed to these terms and conditions.

Affiliate Agreement, Terms and Conditions

By enrolling and participating in the Pickleland Affiliate Program, the Affiliate agrees to be bound by the following terms and conditions:

1. Enrollment in the Affiliate Program

1.1 By enrolling in the Pickleland Affiliate Program, Affiliate agrees to abide by the terms and conditions set forth in this Agreement.

1.2 Company reserves the right to accept or reject any application for participation in the Affiliate Program for any reason at its sole discretion.

2. Affiliate Commissions

2.1 Affiliate will earn commissions as follows:

• $50 one-time for every successful referral of an annual membership.
• $5 one-time for every successful referral of a monthly membership.
• 10% commission for sales of other Pickleland products, excluding paddles, drinks, food, snacks and/or any products under $5.

2.2 Commissions will be paid to Affiliate within 30 days of the end of each calendar month.

2.3 Commissions are subject to change without notice. 

3. Qualified Referrals

3.1 For a referral to be considered qualified, it must meet the following criteria:

• The referral purchase must occur within 7 days of clicking on the unique affiliate link (attribution window).
• The referral’s last source before purchase must be the Affiliate, not any other channel or other affiliate.
• All sales must occur online at pickleland.com. In-person conversions or sign-ups via CourtReserve (or similar) cannot be tracked. 
• The referral must not cancel or get a refund for their purchase within their eligible return or refund window. 
• The referral cannot be an existing customer or member. 
• If an existing member cancels / refunds their membership/purchase and re-signs-up with the Affiliate link, this is not considered a valid purchase. 
• The Affiliate may not refer themselves. 

3.2 Affiliate acknowledges that referrals from family members or individuals related to the Affiliate are not eligible for commission. This includes but is not limited to, immediate family members (spouse, children, siblings, parents, grandparents) and individuals sharing the same residential address (such as roommates, flatmates, etc) or IP as the Affiliate.

3.3 All referrals are subject to the Company’s approval and analysis.

4. Fraudulent Referrals

4.1 Affiliate agrees not to engage in any fraudulent or deceptive practices to generate referrals. This includes, but is not limited to, creating fake accounts, using automated scripts or bots to generate clicks or leads, using VPN (Virtual Private Networks) to obfuscate IPs (Internet Protocol), offering incentives for clicks or sign-ups without proper disclosure, or any other activity that artificially inflates referral numbers.

4.2 If the Company determines, in its sole discretion, that Affiliate has engaged in fraudulent activity or has submitted fraudulent referrals, the Company reserves the right to withhold commissions, suspend or terminate Affiliate’s participation in the program, and take any legal action deemed necessary to recover damages.

4.3 Affiliate acknowledges that any commissions earned through fraudulent referrals shall be forfeited, and Affiliate may be held liable for any damages incurred by the Company as a result of such fraudulent activity.

4.4 The Company reserves the right to investigate any suspicious activity related to referrals and to take appropriate action, including but not limited to auditing Affiliate’s traffic sources and conducting interviews with referred customers.

4.5 Affiliate agrees to cooperate fully with any investigation conducted by the Company regarding suspected fraudulent activity and to provide any requested information or documentation to verify the legitimacy of referrals.

5. Minimum Referral Requirement

5.1 Affiliate will only be paid commissions after generating:

• a) a minimum of 4 successful referrals within a 365-day rolling window
• b) AND have earned at least $50 in commissions within a 365-day rolling window

5.2 Payments will only occur for referrals completed in a rolling 365-day window. If a referral falls outside a 365-day window, it will not be counted. (For example, if you refer 3 people in June 2024, and your fourth referral occurs in September 2025, you will not be eligible for a payout yet as you have not met the 4 referrals within a 365-day window requirement)

6. Payment Terms

6.1 Payment will be made via direct deposit into the Affiliate’s designated bank account.

6.2 Affiliate is required to send an invoice to Company before payment can be processed.

6.3 Affiliate shall be solely responsible for paying taxes and fees on any commissions paid by the Company. 

6.4 If Affiliate fails to provide a bank account, or payment details within 30 days of Company’s attempt to pay. Affiliate will forfeit any unclaimed payments. 

7. Marketing and Promotion

7.1 Affiliate agrees to promote Pickleland in a manner that reflects positively on the Company.

7.2. Affiliate shall comply with all applicable laws, regulations, and industry standards, including but not limited to those related to advertising and marketing.

7.3. Affiliate shall not engage in any misleading, deceptive, or unethical practices in the promotion and marketing of Company’s products and services.

7.4. Affiliate shall not make any representations or warranties about Company’s products and services that are not consistent with Company’s own representations and warranties.

7.5 Affiliate may use approved marketing materials and/or copy provided by the Company. All marketing materials created by Affiliate need to be approved by the Company. 

7.6. Affiliate shall not use Company’s trademarks, logos, or other intellectual property without Company’s prior written consent.

8. Confidentiality

8.1. Affiliate acknowledges and agrees that all information related to Company’s business, including but not limited to its products, services, customers, and marketing strategies, is confidential and proprietary.

8.2. Affiliate agrees to maintain the confidentiality of all such information and not to disclose it to any third party without Company’s prior written consent.

9. Customer Data Protection

9.1 Affiliate agrees to handle any customer data obtained through the Affiliate Program in accordance with applicable data protection laws and regulations. This includes ensuring the security and confidentiality of customer information and obtaining necessary consents for the collection and use of personal data.

10. Limitation of Liability

10.1. In no event shall Company be liable to Affiliate for any indirect, special, incidental, or consequential damages, including but not limited to lost profits, arising out of or related to this Agreement.

10.2. Company’s total liability to Affiliate under this Agreement shall not exceed the total amount of commissions paid to Affiliate under this Agreement.

10.3. Company shall not be liable for any misrepresentations made by the Affiliate regarding Company’s products and services.

11. Indemnification

11.1 Affiliate agrees to indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to Affiliate’s breach of this Agreement or any negligent or wrongful act or omission by Affiliate.

12. Independent Contractor

12.1 Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.

13. Termination

13.1 Either party may terminate this Agreement at any time, with or without cause, by giving written notice to the other party.

13.2 Company reserves the right to terminate this Agreement immediately, without prior notice, if Affiliate breaches any of the terms and conditions of this Agreement.

13.3 Upon termination by breach, Affiliate will forfeit any unpaid commissions.

14. Severability

14.1 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

15. Dispute Resolution

15.1 Any dispute arising out of or in connection with this Agreement shall be resolved through good faith negotiations between the parties. If the parties are unable to reach a resolution, then the dispute shall be required to be resolved by binding arbitration of the parties hereto.  If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third.  The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.  Proper venue and jurisdiction shall be the State of Texas, Travis County.

16. Governing Law

16.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

17. Survival

17.1 The provisions of Sections 8 (Confidentiality), 9 (Customer Data Protection), 10 (Limitation of Liability), 11 (Independent Contractor), 14 (Severability), and 16 (Governing Law) shall survive the termination of this Agreement.

18. Force Majeure

18.1 Neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government regulations (“Force Majeure Event”). In the event of a Force Majeure Event, the affected party shall promptly notify the other party and make reasonable efforts to resume performance as soon as practicable.

19. Entire Agreement

19.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.

20. Amendments

20.1 Company reserves the right to amend the terms of this Agreement at any time without notice. Continued participation in the Affiliate Program constitutes acceptance of the amended terms.