Last Updated: 12/12/2023

College Athlete Influencers, LLC (hereafter, “CAI” maybe referred to as “us”, “we”, or “our”) welcomes you to our website, application, and the services available on and through the website (the “Site” and the “Services”). Your use of the Site and the Services are governed by these Terms of Use, and the Privacy Policy, inclusive of the Community Guidelines, which are all located on the Site (the “Terms”). Any time you browse the Site or use the Services in any way, you agree to be bound by the Terms. If you don’t agree to the Terms, do not use the Site or the Services, or sign up for any subscription products.

The purpose of the Site is to connect student-athletes who wish to promote their name, image and/or likeness (“Athlete”) with businesses and other entities (“Brand Users”) so they may enter into mutually beneficial transactions or agreements for advertising, marketing, or other related purposes. Any user of the Site may be referred to herein as “you”. Brand Users and Athletes may be referred to herein individually as “Party” or together as “Parties”.

We reserve the right to modify the Terms at any time, with such changes becoming effective when we post the modified Terms to the Site. We also reserve the right to make any changes to the Site and Services in any manner and to deny or terminate your access to the Site and Services, even if you have an Account, in our sole discretion.

Each time you use the Site or the Services, the then-current version of the Terms will apply. If you use the Site or the Services after a modification of these Terms, you agree to be bound by the Terms as modified.

These Terms contain important information regarding your rights with respect to the Site and the Services, including your relationship with us. Please read them carefully and review them regularly.

GENERAL TERMS FOR ALL USERS

The following Terms apply to all Users of the Site or the Services.

Eligibility.

If you are under 18 years old, you may not use the Services. When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian. You also represent that your use of the Services does not violate any applicable law or regulation.

Registration & Account.

Certain Services or portions of the Site may require you to register for an account (“Account”). By registering for an Account, you grant us a worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable license to display your name and likeness in a form clearly indicating your status as a platform or program participant, in all forms of media and through any media channels (now known or hereafter developed), including but not limited to television, radio, print, Internet site, mobile site, and other electronic communications of whatever type or kind. Notwithstanding anything to the contrary in this Section, upon the termination or cancellation of your Account, our right to display your name and likeness will terminate within a commercially reasonable time period to allow us to remove your name and likeness from our platform.

*Athlete Disclaimer (we want to protect our athletes): These displays and promotions are for the sole purpose of promoting Athlete Users to Brands & to further their ability to monetize through NIL. Any use of an Athlete User’s name, image or likeness to promote the CAI platform will be agreed upon separately or through the CAI Ambassador Program.

By creating an Account on the Site, you are representing and warranting that all information you provide is accurate and truthful, and that you agree to maintain the accuracy and truthfulness of all such information. You authorize us to verify any information through any source including, but not limited to the use of third-party identity verification systems. You understand and agree that we will use the information you provide in accordance with the terms of the Privacy Policy, which is expressly incorporated into this Agreement. You agree not to create an Account using a false identity or other false information. You agree not to create a new account if you have previously been removed or banned from the Site.

As part of the Account creation process, you may be asked to provide an email address or phone number, and a password unique to the Account (“Login Information”). You are responsible for maintaining the confidentiality of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual who has been given your express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You acknowledge and agree that you are solely responsible for any activities occurring under your Account. You acknowledge and agree that CAI is not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Account. If you provide your Login Information to an agent or other individual who may act on your behalf, CAI cannot remove that access from the individual; it is up to you to modify your Account by changing your password or other options to remove that individual’s access to your Account.

You acknowledge further that CAI is not your legal representative and has not and does not offer any legal advice, nor guarantee any advice or guidance that may be provided, and it is your responsibility as an Account holder to assure that you understand and adhere to all rules, regulations, and laws which may apply to you. These include but are not necessarily limited to: regulations or policies of your organization, institution, athletic conference, state, local, or other Governing Bodies which may provide oversight or regulation of your activities.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to CAI’s benefit. We do not recognize the transfer of Accounts. You may not purchase, sell, gift, or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void.

You have the right to cancel your Account at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute you may have with us.

CAI RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT AT ANY TIME FOR FAILURE TO ADHERE TO THESE TERMS OF USE OR FOR ANY OTHER REASON, WITH NO LIABILITY TO YOU UNDER ANY THEORY OF LAW, INCLUDING TORT OR CONTRACT, OR FOR ANY TYPE OF DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF EARNING, LOSS OF OPPORTUNITY, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER TYPE OR KIND.

You acknowledge and agree that we are not required to provide you notice before terminating or suspending your Account, and/or your access to the Platform. In the event that your Account is terminated, suspended, or cancelled, you will have no further access to your Account or anything associated with it (including Accounts on the system for which you may have been previously responsible).

Permitted Uses/License.

You are authorized to access the Site for the sole purpose of viewing and using the Site or the Services on your computer or device.

You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Services. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or its content without our prior written permission. Your failure to abide by these conditions will immediately terminate your right to access the Site or to use the Services and may violate our intellectual property rights or the intellectual property rights of third parties.

We urge all users to be responsible about their use of the Site. However, the Site and the Services on provide an online marketplace to allow Brand Users and Athletes to connect, nothing more.

CAI is not a party to any agreement between Brand Users and Athletes. Any part of an actual or potential transaction or agreement between a Brand User and Athlete, including the timing or duration of the agreement, any monetary exchange between the parties, and the legality of the transaction or agreement, and any other contractual requirements are solely the responsibility of each Party. By using this Site, each Party acknowledges and agrees that you are solely responsible for each agreement or transaction you enter into, including but not limited to assuring that each agreement adheres to all rules, regulations, and laws which govern your activity. CAI is not a legal advisor and does not guarantee or warrant the legality of any agreement or transaction you enter into.

Parties agree that they are responsible for, and agree to abide by, all laws, rules, and regulations applicable to their use of the Site; their use of any tool, service, or product offered on the Site; and any transaction or agreement they enter into.

Third-Party Sites.

The Site may contain links to websites we do not operate, control, or maintain (“Third-Party Websites”). We do not endorse any Third-Party Websites, and we make no representation or warranty in any respect regarding the Third-Party Websites. Any links to Third-Party Websites on the Site are provided solely for your convenience. If you do access any Third-Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third-Party Websites or our links thereto.

The Site may contain features and functionalities that link to or provide you with access to third-party content that is completely independent of CAI, including content, data, postings, or other intellectual property shared by a Brand User or on and Brand User’s behalf (“Brand User Content“). Brand User Content may include websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. The contents of Brand User Content and other offerings that allow interactions with third parties, including between Parties, on the CAI Platform are the sole responsibility of the people involved in those interactions. CAI is not responsible for the content of the interactions you may have with third parties through Brand User Content or other offerings. You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with our Site or otherwise. However, Athletes agree not to contact or interact with any Brand User except as expressly permitted through our Site. You agree that CAI may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with CAI if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release CAI from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.

From time to time, an entity may be identified on a Brand User’s Account or be associated with the Brand User elsewhere as a charitable organization or a recipient of funds that are being raised (“Charity”). For example, the Brand User’s Account may indicate that all or a portion of the Brand User’s revenue from Brand User Content will be given to a Charity. Those arrangements are strictly between the Brand User and the Charity. CAI is not a sponsor of, does not endorse, and is not affiliated with any Brand User Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by CAI). Unless expressly stated, CAI does not control and makes no warranties about the Charity or any donation to the Charity.

Content.

The Site or the Services may include interactive areas in which content and information may be posted (referred to as “Party Content” regardless of form). The Party who posts such Party Content is solely responsible for all Party Content. We may, in addition to any other rights and remedies we may have against you at law or in equity, immediately, with or without notice to you, cease the distribution, display or other exploitation of any content which we believe violates these Terms, without any liability to you of any kind. We reserve the right to remove or modify any Party Content for any reason in our sole discretion.

When you post Party Content, you give us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Party Content throughout the world in any media. To the extent such content is attached to a user profile on the Services, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. Notwithstanding the foregoing, if a User is a student-athlete subject to the rules and regulations of the any collegiate authority, we will not use any such User Content in a manner that would violate, or cause such a user to violate, such rules and regulations.

When you post Party Content, you represent and warrant to us that (1) you own the Party Content, (2) the posting of the Party Content does not violate any rights of any person or entity, (3) you have no agreement with or obligations to any third-party with respect to the rights granted herein and you have not and will not sell, assign, transfer, or convey any of the rights granted herein in a manner adverse to or in derogation of the rights granted to us, and (4) to the extent any “moral rights” or similar right exist in the Party Content and are not exclusively owned by us, you agree not to enforce any such rights as to us or our affiliates. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any Party Content posted by you to or through the Services.

Party Conduct.

You agree not to use the Site or the Services, submit any content, or take any action that is:

(1) offensive in any manner, (2) contrary to our public image, goodwill, or reputation, (3) an infringement of our or any third-party’s intellectual property rights, or (4) “framing”, “mirroring” or otherwise copying or pirating any part of the Site without our prior written consent. You acknowledge and agree that you are solely responsible for compliance with any applicable law or regulation relating to advertisement, social media marketing, or endorsement, including but not limited to acknowledgement of any compensation received in return for your posting of the Content such as with the #ad hashtag. We can remove any content, access to future content, or information you share on the Platform if we believe that it violates these Terms of Use, our policies, or we are permitted or required to do so by law.

Copyright Infringement.

We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give CAI legally sufficient notice of infringement. Send copyright infringement complaints to the following email address: info@collegeathleteinfluencers.com. You should consider consulting with an attorney prior to submitting any such copyright infringement complaint(s) as there are potential legal ramifications for filing or submitting false copyright infringement complaint(s).

Disclaimer.

You agree that the Services are available on an “as is” basis, without any warranty, and that you use the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third-party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors, or omissions in the Services or on the Site, (d) warranties relating to the accuracy, correctness, or completeness of data on the Services, and (e) any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions.

We do not warrant that the Site or the Services will operate error-free or that the Site is free of computer viruses and/or other harmful materials. If your use of the Site or the Services results in the need for servicing or replacing equipment or data, we are not responsible for any such costs.

Any information published on this website regarding the nature or extent of any transaction or agreements entered into by and between Athletes and Brand Users are for informational purposes only. The information may provide and/or be based upon both real-life examples and/or hypothetical examples of potential transactions or agreements that could be entered into by and between an Athlete and a Brand User. There are no guarantees that any Athlete or any Brand User will enter into any actual transaction or agreement. Your reliance on any information on the Site is at your own risk.

Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Limitation of Liability.

You acknowledge and agree that your use of the Site is at your own risk and that the Site is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, CAI disclaims all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.

In particular, CAI makes no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third-party website linked to or integrated with our Site. You acknowledge and agree that CAI will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of the Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any Viruses, Worms, Trojan Horses, Rootkits, Ransomware, Keyloggers, Grayware, Spyware, Adware, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site.

You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including any Brand User Content, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through Brand User Content, will create any warranty not expressly made by us.

You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that CAI is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CAI with respect thereto.

To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will CAI be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data), attorneys’ fees, or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not CAI has been advised of the possibility of such damages.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be resolved by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Ohio by a certified arbitrator or mediator, and the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with the arbitration.

Any liability we have to you in connection with these Terms, under any cause of action or theory, is strictly limited to the amount equal to the direct financial benefit CAI receives from the transaction that gives rise to the liability. Without limiting the previous sentence, in no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages, or attorneys’ fees, incurred, arising out of or in connection with these Terms or the use of the Site. The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages.

You agree to indemnify and hold CAI harmless for any breach of security or any compromise of your Account.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Indemnification.

You agree to indemnify and hold CIA, its affiliates, members, officers, directors, partners, agents, and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of your use of the Site and Services in violation of these Terms, any breach of the representations and warranties you cause or create to these Terms, or your Content, or your use of the Site. You agree to be solely responsible for defending any Claims against or suffered by us. We reserve the right to use Counsel of our choosing and you agree that you are solely responsible for cost thereof.

Electronic Signatures and Notices.

Certain activities on the Site or the Services may require you to make an electronic signature. You understand and accept that an electronic signature has the same legal rights and obligations as a physical signature.

If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means, including simply posting any such notice on the Site. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.

Dispute Resolution.

These Terms shall be governed by and construed in accordance with the law of the State of Ohio. You agree that any disputes or claims under these Terms will be litigated exclusively in the state of Ohio, County of Montgomery, or in any federal Court located in the State of Ohio, County of Montgomery. You agree that any claim arising under these Terms will be litigated on an individual basis and will not be consolidated with any claim of any other party.

NCAA, Conference, Institutional and other Regulations.

CAI is not sponsored by or affiliated with the NCAA, NAIA, NJCAA, any conference, or any institution. As a user of this Site, you are solely responsible for your use of the Site and/or the Services, and you are responsible for knowing and complying with any rules, regulations, statues, codes or other laws of any governing body to which you are obligated (including, but not limited to, NCAA, NAIA, NJCAA, institutional, local, state and/or federal government) (“Regulations”). You understand and agree that any transaction or agreement which you take part in, or are a party to, may need to be reported. By entering into any transaction or agreement, you are acknowledging and agreeing that you will report all activities to all entities as required by the Regulations. If you act in violation of the Regulations, we may take reasonable steps in response, including, but not limited to, terminating your access to and use of the Site and/or the Service and/or reporting such conduct to any appropriate authority. We do not knowingly promote or enable any violations of Regulations.

Miscellaneous.

We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses. You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.

ADDITIONAL ATHLETE TERMS

What We Do.

CAI provides access to the CAI platform so that an athlete may attempt to better utilize and capitalize upon his/her name, image and likeness. Through our Site and our Services we attempt to connect you, our Athlete, with Brand Users whom you wish to engage in transactions or agreements related to your name, image and likeness. Athlete’s use of the Site and the Services is free of charge. Registering on the Site allows the Athlete access to the full suite of our Site, including: Creating and managing their profile, searching for and viewing opportunities with Brand Users, viewing Brand Users, managing account settings, sending proposals/applying for opportunities, reporting accounts, contacting support during operating hours, and viewing blogs.

Athlete accounts can be suspended or terminated for any reason that CAI deems necessary or appropriate. This includes outdated accounts (i.e., no longer student athlete) and/or any violation or infringement of our Terms.

Accounts are only available to active student-athletes. If you have graduated from college or are no longer a student-athlete, then you are not permitted to have access to the Site or the Services.

CAI Ambassador Program.

The CAI Ambassador program may be offered to an Athlete at CAI’s sole and absolute discretion. If CAI and Athlete agree to engage in the CAI Ambassador program, such an agreement will be separate and apart from the obligations of these Terms and a separate agreement shall be executed by the parties. No Athlete is guaranteed to be offered an opportunity to be a part of the CAI Ambassador Program.

• The CAI Ambassador program offers an exclusive status symbol and priority in the Site search results.

• The CAI Ambassador program does not guarantee any agreements or name, image and likeness transaction or agreements with Brand Users.

• The CAI Ambassador program ends when a student is no longer a student-athlete.

• CAI reserves the right to send notifications, newsletter, and promotional emails using the contact info provided by the user.

Searching for a Brand User.

Searching. Athletes can search for Brand Users by using different search criteria. Search results are based on a Brand User’s having an account with CAI that features Brand User searching capabilities. The completion or engagement in any transaction or agreement by and between an Athlete and a Brand User is strictly between those parties. CAI is not responsible for any of the terms or conditions of such a transaction or agreement. CAI shall not review any of the terms or conditions of any transaction or agreement between an Athlete and a Brand User. CAI shall not be responsible for enforcing or ensuring the fulfillment of any obligation either an Athlete or a Brand User has pertaining to any transaction or agreement.

CAI does not guarantee or warrant that any Athlete secure a transaction or agreement related to the Athlete’s name, image or likeness.

Content Issues.

If there is an issue with the content provided by a Brand User (i.e., it contains offensive or profane material, or violates the intellectual property rights of you or another party) you should attempt to resolve the issue by working directly with the Brand User. If that is not possible, or if that fails, please send an email to: info@collegeathleteinfluencers.com and we will attempt to resolve the issue.

Your Responsibilities and Assumption of Risk.

By creating an Account and continuing to use the Site, you represent and warrant that:

You are of the age of majority in the location where you live;

You have not been prohibited from using or accessing any aspect of the Site by CAI or pursuant to any applicable law, rule or regulation;

You (and any Account that you created or control) have not been previously banned or removed from the Site for any reason;

You are not a convicted sex offender;

You are not listed on any denied or restricted party lists or lists of persons subject to sanctions or restrictions, including lists administered by the U.S., UK or EU;

You are not the subject or target of sanctions or restrictive measures administered by the U.S., UK or EU; and

You are not located in a country or territory subject to comprehensive sanctions (currently, Crimea, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, and the Syrian Arab Republic).

ADDITIONAL BRAND USER TERMS

There are two types of Brand Users and each has different access to various portions of the Site and the Services.

Base Subscription:

With a Base Subscription, a Brand User will have:

⏺ Full access to navigate the web app

⏺ Ability to view blogs (cannot post)

⏺ Ability to search and filter for athletes (“Athletes”)

⏺ Ability to view athlete profiles

⏺ Ability to send & receive messages

⏺ Ability to create & manage brand profile

⏺ Unlimited amount of opportunity listings, however, CAI reserves the right to remove any opportunity, at any time, for any reason to avoid an unreasonable amount of listings (deemed unreasonable in CAI’s absolute discretion)

⏺ Access to the support team during operating hours.

⏺ Invite to private LinkedIn group ‘CAI Network of Brands’

MVP Subscription:

With an MVP Subscription, a Brand User will have:

⏺ Full access to navigate the web app

⏺ Ability to view & post blogs

⏺ Ability to search and filter for athletes

⏺ Ability to view athlete profiles

⏺ Ability to send & receive messages

⏺ Ability to create & manage brand profile

⏺ Marketing supportⁱ

⏺ One (1) hour of an assigned sports or NIL attorney/expert assistance in contract structuringⁱⁱ

⏺ Exclusive MVP badge shown on brand profile

⏺ Unlimited amount of opportunity listings.

⏺ MVP opportunity listings are shown at top of search results. These listings are first come first serve, the newer MVP opportunity listings will be shown at top, older ones move down as additional MVP opportunity listings are posted.

⏺ Access to the CAI support team during operating hours.

⏺ Brand logo and branding displayed on CAI homepageⁱⁱⁱ

⏺ Invite to private LinkedIn group ‘CAI Network of Brands’

Limited Free Trial Access:

⏺ Free trial access shall only be granted after an account is created through the website and CAI manually activates the account.

⏺ CAI reserves the right to not activate an account for any reason it deems appropriate

⏺ If a free access account is activated, a CAI representative will contact the user to provide a demonstration of the product and information about the platform

⏺ The free access will expire in seven days. During the free access, the user will be able to navigate the website, view limited search features and view blogs. However, user will not be able to create or post an opportunity/(ies) and the user’s account will not show in brand lookup or any search by an Athlete.

⏺ Attempting to access either Base Subscription or MVP Subscription features will prompt an ‘upgrade’ page.

Fees and Payment

Subscription Fees. The Subscription Fee for a Brand User depends upon the type of Subscription the Brand User applies for. Subscriptions are set to automatically renew every year (365 days) unless cancelled before renewal date. You are agreeing to this subscription structure when you select a subscription and enter your payment details.

Base Subscription Brand User: Five Thousand Dollars ($5,000.00)

MVP Subscription Brand User: Ten Thousand Dollars ($10,000.00)

Brand User accounts may be suspended or terminated for any reason that CAI deems necessary or appropriate, including, but not limited to, any violations or infringements of the Terms, website rules such as harassment, slander, offensive material, fraudulent profiles, posting inappropriate content, etc.

Brand Users can upgrade their account at any time to gain access to additional features, but any upgrade does not reset their 365-day subscription.

CAI reserves the right to post and display any blogs posted by Brand Users on the platform on the web app and www.collegeathleteinfluencers.com

CAI reserves the right to use and display any Brand User logo(s), trademark(s) or brand(s) on the platform, on the www.collegeathleteinfluencers.com website, any marketing materials, social media, newsletters and elsewhere it seems appropriate in order to promote the platform or demonstrate a relationship between the parties.

The completion or engagement in any transaction or agreement by and between an Athlete and a Brand User is strictly between those parties. CAI is not responsible for any of the terms or conditions of such a transaction or agreement. CAI shall not review any of the terms or conditions of any transaction or agreement between an Athlete and a Brand User. CAI shall not be responsible for enforcing or ensuring the fulfillment of any obligation either an Athlete or a Brand User has pertaining to any transaction or agreement.

CAI does not guarantee or warrant that any Brand User will secure a transaction or agreement with a Athlete. Any copyrights or trademarks used in users profiles or photos uploaded by users. These are not promotional for College Athlete Influencers LLC and are provided by users.

Content Issues.

If there is an issue with the content provided by an Athlete (i.e., it contains offensive or profane material, or violates the intellectual property rights of you or another party or contains inaccurate information) you should attempt to resolve the issue by working directly with the Athlete. If that is not possible, or if that fails, please contact info@collegeathleteinfluencers.com and we will attempt to resolve the issue.

Marketing as a Brand User.

As a Brand User, you have the opportunity to promote your company by engaging with a Athlete(s) to promote, advertise, or market your business. It is your responsibility to create the relationship with an Athlete that benefits you. CAI does not guarantee or warrant that any relationship you create with an Athlete, or any transaction or agreement you may enter into with an Athlete will provide any benefit to you.

Contract Responsibility.

It is your responsibility to review and approve the terms of any transaction or agreement you enter into and to assure that any such agreement is not in violation of any rules, regulations, or laws you are governed by. CAI does not review these agreements and makes no representation, guarantee or warranty pertaining to any provisions contained therein. Any terms, policies or conditions that you include in any transaction or agreement with an Athlete is strictly your responsibility.

Independence of Brand Users.

Your relationship with CAI is that of an independent individual or entity and not as an employee, agent, joint-venturer, or partner of CAI. Other than as provided for in these Terms, CAI is not responsible for your content, or any transaction or agreement you may enter into with a Athlete.

Managing Your Account

Your account and the safety and security thereof are your responsibility. You create Login Information and should not share this with anyone. If you give a third-party permission to access your account, that individual will have access to all information on your account. CAI does not monitor your account and cannot stop, and shall not be responsible for, any fraud that may occur. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You acknowledge and agree that you are solely responsible for any activities occurring under your Account. You acknowledge and agree that CAI is not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Account. If you provide your Login Information to an agent or other individual who may act on your behalf, CAI cannot remove that access from the individual, it is up to you to modify your Account by changing your password or other options to remove that individual’s access to your Account.

Your Responsibilities and Assumption of Risk.

By creating a Brand User Account and continuing to use the Site, you represent and warrant that:

The individual responsible for creating the account on behalf of the Brand User has the necessary authority of the Brand User to do so;

You have not been prohibited from using or accessing any aspect of the Site by CAI or pursuant to any applicable law, rule or regulation;

You (and any Account that you created or control) have not been previously banned or removed from the Site for any reason;

You are not listed on any denied or restricted party lists or lists of persons subject to sanctions or restrictions, including lists administered by the U.S., UK or EU;

You are not the subject or target of sanctions or restrictive measures administered by the U.S., UK or EU; and

You are not located in a country or territory subject to comprehensive sanctions (currently, Crimea, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, and the Syrian Arab Republic).

ADDITIONAL TERMS FOR ALL USERS

Community Guidelines

At CAI, we connect our Athletes with our Brand Users on our platforms to assist in the utilization of the Athlete’s name, image and likeness.

The following Community Guidelines are here to help facilitate a community-wide understanding of expectations and standards of conduct while using CAI. By using CAI, you agree to these guidelines and our Terms of Service. Violating these guidelines may result in loss of access to CAI.

CAI’s Community Guidelines are divided into the four following sections: Respect, Community, Safety, and Reliability.

Act with integrity and treat others with respect.

All Users should:

Be truthful in all of the content posted, do not misrepresent something or someone, or pretend to be someone else.

Be polite and respectful when you interact with others.

Not discriminate against or harass anyone at anytime.

Not use this Platform to engage in conduct that is against the law or may cause or contribute to another person breaking the law should they engage in such conduct.

Not use this Platform for purposes of competing with CAI or to promote other products or services in competition with CAI.

Not interfere with our provision of, or any other User’s use of, the CAI Marketplace or other services.

Not take any action that could damage or adversely affect the performance or proper functioning of the Platform.

Help keep the platform safe. Only use the Platform as authorized by these Guidelines, the Terms of Use or another agreement with us:

Not use this Platform to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.

Not use this Platform to post “spam” or other unauthorized commercial communications.

Not solicit another User’s username and password for the Platform or any other sensitive personal information.

If someone on the Platform makes you feel unsafe or makes a request of you that you believe is illegal, or violates these, or any Terms of Use, please reach out to info@collegeathleteinfluencers.com immediately outlining the issue.

Be reliable:

Understand and follow the laws and regulations that apply to you, and don’t present or accept a deal that will place you in potential trouble.

If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Terms of Use.

Do not use the name, logo, branding, or trademarks of CAI or others without written permission.

Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with CAI branding.

Read and follow our Terms of Use and Privacy Policy in addition to these Guidelines.