Partner Usage Agreement

Welcome to DubClub! We are truly honored that you trust us to power your sports content business. It is our mission to help you and your Subscribers win more together using DubClub: the hub for Simplified Sports Handicapping.

This Partner Usage Agreement ("Agreement") is a binding contract between you (the professional sports analyst, or "Partner") and DubClub Inc. ("we", "us", "our"). It contains the rules and restrictions that govern your use of our Platform to distribute your plays and any other messaging or content deemed acceptable by us, via your DubClub Products. If you use DubClub for this purpose, you are a Partner, and you must create a Partner account and review and accept this Agreement, in addition to our Terms of Service.

This Agreement is part of and incorporated into our Terms of Service. Capitalized terms that are used but not defined in this Agreement are as defined in our Terms of Service. In the event of conflict between this Agreement and any other terms and conditions you have agreed to with DubClub, this Agreement will prevail with respect to its subject matter.

If you have any questions or concerns regarding this Agreement or our Platform, please contact us at [email protected].

  1. If you are an individual accessing or using the Service on behalf of an entity, then you are agreeing to this Agreement on behalf of yourself and such entity, and you represent and warrant that you have full power and authority to enter into this Agreement and bind that entity. References to "you" and "your" in this Agreement will refer to both the individual using the Service and to any such entity.
  2. By signing up for a Partner account, you recognize the restrictions we put in place to uphold a reputable community across the Platform. Specifically, Partners are not permitted to create a DubClub account and start using the Platform until they receive a minimum of 3 positive references from other Partners.

You own all proprietary rights in your Content, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You grant us permission to use or disclose your Content (including any personal information therein) as necessary or appropriate to provide the Service and operate the Platform. This license allows us to promote your Content and Products and help you grow using DubClub.

You agree that this limited license includes a worldwide, nonexclusive, sublicensable, royalty-free, fully paid-up, transferable right (a) to market your Content and Products and to permit others to use, access, and download your Content and Products through the Platform, and (b) to use your tradename(s), trademark(s), and logo(s) in connection with the distribution and marketing of your Content and Products.

You may provide access to your DubClub Products for free or charge subscription fees, and may elect to provide various promotional offers, such as free trial periods. You set and change the prices for your Products at your discretion through your Partner account, but no price changes will apply retroactively. You will also set the subscription period length for your Products, ranging from as short as one (1) day to as long as one (1) year (the "Subscription Period"). Subscription Periods auto-renew unless and until canceled by a Subscriber. You may change your Subscription Period through the Platform at any time (which takes effect on the first day of the following Subscription Period).

When charging subscription fees for your DubClub Products, you agree to the following:

  • No Circumvention: You agree to process payments from Subscribers only in the manner prescribed by us. This includes using the third-party payment processing platform ("Payment Processor") we choose, and following any other rules we specify. If you receive offers or solicitation to circumvent your payment obligations by accepting payment via alternative methods including PayPal or a separate web page, you agree to notify us immediately with an email to [email protected].
  • Revenue Share: You authorize DubClub to collect and process subscription fees from Subscribers on your behalf via a Payment Processor. You agree that your profits are net of a percentage platform fee charged by us (the "Revenue Share"). Your profits, net the Revenue Share and standard credit card processing and other financial services fees, will be retained by you. The Revenue Share fee is as follows:
    • A flat 7% platform fee (plus standard credit card processing and other financial services fees)
    • * Standard credit processing and other financial services fees are typically 3%.
    • Partners that created their DubClub account before January 1, 2024 are "grandfathered in" at their original pricing, unless noted otherwise.
  • Revenue Share Payment: During the term of this Agreement, the Payment Processor will pay the Revenue Share owed to us and retain any applicable fees on a rolling basis as subscription payments from Subscribers are processed. You agree that the Revenue Share may be deducted and retained by the Payment Processor on our behalf and paid to us, and further agree that all Revenue Share payments are absolutely non-refundable in all circumstances.
  • Taxes: You agree that you bear and are responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to income you earn via DubClub.
  • Right to Offset: To the extent not prohibited by applicable law, we have the right to reduce (and direct the Payment Processor to reduce) any payment of profits to you by any amounts you owe to us as a result of your breach of this Agreement or our Terms of Service, or under Section 19 of our Terms of Service.
  • Information Upon Request: You will provide us with all requested data or information about you and your Products. This includes all payment and tax identification information, and you will ensure this information is accurate and up-to-date at all times.
  • Legal Compliance: As between us and you, you are solely responsible for complying with all applicable laws and regulations in interactions with your Subscribers, administering your subscriptions, and creating and distributing your Content and your Products, including, for example, rules regarding promotions and free trial periods and honoring Subscriber opt-out preferences.
  • DubClub Promotions: You acknowledge and agree that DubClub may, in its discretion, offer Subscribers promotions from time to time that relate to your DubClub Products and other products on the Platform (each, a "DubClub Promotion"). Any such DubClub Promotion will be subject to the terms and conditions associated with such DubClub Promotion, including eligibility requirements and use limitations ("Promotional T&Cs"). Any DubClub Promotion will apply only to an eligible Subscriber's first purchase of a new or upgraded DubClub Product, and not to any renewal of the same DubClub Product or any downgrade. If an eligible Subscriber properly applies a DubClub Promotion to one or more of your DubClub Products in accordance with the applicable Promotional T&Cs, you agree (a) that your profits for the applicable DubClub Product(s) will be net the promotional discount applied in connection with such DubClub Promotion and (b) to honor such Subscriber's purchase of such DubClub Product(s) for so long as such Subscriber is properly subscribed to and paying for such DubClub Product. If you wish to opt out of DubClub Promotions, you may do so within your DubClub account. Any opt out will apply on a going-forward basis only. You acknowledge that, while all DubClub Promotions will be run with the intent of maximizing profits for Partners, you individually may not benefit from a particular DubClub Promotion, and DubClub will not be liable to you in any manner in the event that occurs. Your sole recourse in such event would be to opt out of future DubClub Promotions, should you elect to do so.
  • DubClub Referral Program: You acknowledge and agree that DubClub may, in its discretion, offer Subscribers the ability to "refer a friend" to the Platform and your DubClub Products (the "Referral Program"). The Referral Program will be subject to the terms and conditions here ("Referral Program T&Cs"). If an eligible Subscriber properly refers a new Subscriber to your DubClub Products in accordance with the Referral Program T&Cs, you agree (a) that your profits for the applicable DubClub Product(s) will be net the discounts and rewards applied in connection with the Referral Program (as described in the Referral Program T&Cs) and (b) to honor such new Subscriber's purchase of such DubClub Product(s). If you wish to opt out of the Referral Program, you may do so within your DubClub account. Any opt out will apply on a going-forward basis only. If you do not publish your Content through the Platform, your Subscribers will not have the ability to participate in the Referral Program.

You agree to the following rules around your relationships with Subscribers and other Members:

  1. Sole Responsibility: You acknowledge that you have developed and will continue to develop and maintain your Content independently of us, and without any reliance whatsoever on any review, endorsement or approval by us. We are not responsible or liable in any manner — and we do not have any responsibility to you or to any third party — for your Content or your Products. You are solely responsible for your interactions with organizations and individuals found on or through the Platform and ensuring distribution of your Content and Products. Our Platform and our actions under this Agreement are solely to assist you with efficient distribution of your Content and Products.
  2. Pausing activity or deleting a DubClub Product: If you delete a Product or decide to pause publishing indefinitely, prior to the end of a paid Subscription Period of a Subscriber, any and all obligations — including any refund obligations for the remaining portion of the Subscription Period — are solely your responsibility. We are under no obligation to issue any refunds to you or your Subscribers, and we are entitled to keep any and all portions of any Revenue Share you have paid DubClub.
  3. Disputes: If there is a dispute between you and a user about payments or any other issue, you agree we are under no obligation to become involved and that we will not be held liable for any such dispute. We are not liable for your relationship with users, and we won't provide you with any legal advice regarding such matters.
  4. Reporting a User: Please flag if a Subscriber is violating our Terms of Service by sending an email to [email protected]. After receiving written notice of this violation, we will determine whether this Subscriber's access to some or all of your Products should be suspended or terminated. We will also decide at our sole discretion whether this Subscriber's access to the rest of the Platform will be suspended or terminated.
  5. Support: DubClub handles support inquiries on behalf of Partners, which is an additional service that can be limited or terminated at the Partner's discretion. Any support requests can be directed via email to [email protected].

As described in our Terms of Service, we do not tolerate any fraudulent or misleading activity at DubClub. As a result, DubClub monitors Subscriber complaints and submissions of reported Content on a regular and ongoing basis, as permitted under our Terms of Service. Similarly, DubClub prohibits content (published on or off the Platform) that slanders other Partners using DubClub. These complaints are tagged to individual Partner accounts. DubClub typically operates a multi-"strike" system described below, akin to that used in baseball — 3 strikes and you are out — but maintains the right to suspend or terminate access to the Platform at any time as described in our Terms of Service.

An abnormal level of Subscriber complaints or reported content on a specific Partner account results in STRIKE 1, which kicks off a strict monitoring program of that particular account. Heightened activity of complaints and reports on the same Partner account thereafter will result in STRIKE 2, which entails a meeting between the Partner who manages the account, and DubClub's Partner Policy team. The meeting may also include additional select members of management depending on the severity. This meeting will be structured to discuss a game plan for steps that will help alleviate the complaint issues going forward. Should the complaints and reports persist, DubClub will call STRIKE 3 and your account will therefore be deactivated with a 12-hour advance notice except in special circumstances. After STRIKE 3, within the aforementioned 12-hour window you have the right to request access to a list of your current subscriptions through DubClub, as well as your historical plays to be provided in a CSV or Excel file output. Please contact us right away to request these items.

You are responsible for complying with the Acceptable Use requirements in our Terms of Service. Your use of the Platform is subject to any rules and regulations we may institute from time to time.

If you would like to refund a Subscriber, we will issue the refund barring any unusual circumstance.

In instances where Subscribers contact DubClub with a refund request, we reserve the right to act according to our default "no refund" Refund Policy. Since DubClub takes on the economic risk and responsibility of payment disputes associated with subscriptions, we will issue refunds to Subscribers in rare cases. These rare cases include — but are not limited to — when our Payment Processor retroactively flags a payment as high fraud likelihood, or when a Subscriber requests a refund within 24 hours of a trial/paid subscription renewal and has not yet viewed any Content from the Partner's Product during their trial or new Subscription Period.

Our goal is to protect both the Partner's brand and DubClub's brand. As such, when a Subscriber contacts a Partner regarding a refund request, the Partner has the power to make the following choice: defer the Subscriber to the our Refund Policy, or approve the refund request and notify DubClub to issue the refund.

DubClub takes privacy very seriously. We process your personal information and that of your Subscribers ("Personal Information") in accordance with applicable privacy and data protection law. For more information on how we process Personal Information, please see our Privacy Policy.

Consistent with our Privacy Policy, we may collect certain data on how Subscribers engage with your Products. At our discretion, we may share some of this information with you, including but not limited to viewership rates and Subscriber count. You agree that DubClub is under no obligation to share this data with you.

The term of this Agreement will continue for so long as you use the Platform. Either party may terminate this Agreement at any time for any reason. Upon such termination of this Agreement, your right to use the Platform will immediately cease.

We may terminate this Agreement or terminate, suspend, or restrict your access to your DubClub account or use of the Platform at any time. Reasons that may lead to us terminating or restricting access to the Platform include, for example, a breach of this Agreement, your behavior, objectionable Content, or a violation of the "3 strikes and you're out" policy described above.

You agree that this means that your Products (or any Content therein) may be removed from the Platform at any time. You also agree that we retain the right to immediately halt the distribution of your Products at our discretion.

We constantly strive to improve our Platform, so this Agreement may need to evolve along with us. We reserve the right to change this Agreement at any time, but if we do, we will bring it to your attention by placing a notice on the DubClub website, by sending you an email, or by some other means of written communication.

If you don't agree with the new Agreement, you are free to reject it; however, that means you will no longer be able to use DubClub. If you use DubClub in any way after a change to this Agreement is effective and notice has been provided, that means you agree to all of the changes.

Last updated March 31, 2025