Terms of Service

2.1 Binding Agreement

By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Platform, or to products and services that we make available to you through the Platform (collectively, the "Agreement").

Creating an account, clicking "I Agree" or "I Accept" (or similar affirmative action), or continuing to use the Platform after being notified of updates to these Terms constitutes your acceptance of and agreement to the Terms as modified.

2.2 Modifications to Terms

We reserve the right to modify or update these Terms at any time, at our sole discretion. If we make material changes to these Terms, we will notify you by email, through a notification posted on the Platform, or as otherwise required by applicable law. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.

Your continued use of the Platform after we post modifications to the Terms indicates your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform. We recommend that you regularly review the Terms, as they may change from time to time.

2.3 Additional Terms

Certain features, products, or services offered through the Platform may be subject to additional terms and conditions, which will be disclosed to you at the time you choose to use such feature, product, or service. By using these specific features, products, or services, you also agree to be bound by the additional terms and conditions applicable to them.

In the event of any conflict between these Terms and any additional terms and conditions, the additional terms and conditions will govern with respect to the specific feature, product, or service to which they apply.

4.1 Account Creation

To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter is, or appears to be, inaccurate, not current, or incomplete.

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify BA Club immediately of any unauthorized access to or use of your account or password, or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

4.2 Account Security

You are solely responsible for maintaining the security of your account and for all activities that occur under your account. You agree to:

• Choose a strong, unique password for your account that you do not use for other services
• Keep your password and any other login information confidential
• Enable two-factor authentication when available
• Log out of your account at the end of each session when using a shared computer or device
• Immediately notify BA Club of any unauthorized use of your account or any other breach of security

We strongly recommend that you do not share your account credentials with any third party. If you choose to share your account credentials with a third party, you do so at your own risk and will be responsible for all actions taken using your account, whether or not authorized by you.

4.3 One Account Per Person

Each person may maintain only one active account on the Platform. Multiple accounts owned by the same individual or entity are subject to termination. You may not sell, trade, or otherwise transfer your account to another person without our prior written consent.

4.4 Identity Verification

In certain cases, we may require verification of your identity to protect the integrity of our Platform and services. This may include providing government-issued identification, proof of address, or other personal information. We may use third-party identity verification services to verify your identity, and you authorize us to collect, store, and use this information in accordance with our Privacy Policy.

4.5 Account Closure

You may close your account at any time by following the instructions on the Platform or by contacting our support team. Upon closure, you will no longer have access to your account or the features associated with it.

We may retain certain information associated with your account for record-keeping purposes, to comply with legal obligations, to resolve disputes, to enforce our Terms, or as otherwise described in our Privacy Policy.

6.1 User-Generated Content

Our Platform allows Users to post, upload, or otherwise contribute content, including text, images, videos, reviews, and other materials ("User Content"). You are solely responsible for any User Content that you submit, post, or display on or through the Platform.

By submitting User Content to the Platform, you represent and warrant that:

• You are the creator and owner of the User Content or have all necessary rights, licenses, consents, and permissions to authorize BA Club and other Users to use your User Content as described in these Terms
• Your User Content does not infringe, misappropriate, or violate any third party's copyright, patent, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy
• Your User Content does not violate any applicable law or regulation, including those relating to export control, consumer protection, unfair competition, anti-discrimination, or false advertising
• Your User Content is not harmful, abusive, racist, obscene, pornographic, defamatory, libelous, threatening, harassing, or otherwise offensive or objectionable
• Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code

6.2 License to User Content

By submitting User Content to the Platform, you grant BA Club a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with operating and providing the Platform and services to you and other Users.

This license continues even if you stop using our Platform, except when you delete your User Content. While we do have the right to remove any User Content for any reason, including violations of these Terms, we have no obligation to do so.

6.3 Content Moderation

BA Club reserves the right, but is not obligated, to monitor, review, screen, delete, or remove any User Content at any time and for any reason, including if the User Content violates these Terms or is otherwise objectionable. We may take these actions without prior notification to you or any third party.

You acknowledge that BA Club does not pre-screen all User Content, but we and our designees have the right (but not the obligation) to refuse, remove, or delete any User Content, with or without cause and without notice.

6.4 Content Guidelines for Creators

If you are a creator participating in the BA Club Creator Program, you must also adhere to the following content guidelines:

6.5 DMCA and Copyright Policy

BA Club respects the intellectual property rights of others and expects our Users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond expeditiously to claims of copyright infringement that are reported to our designated copyright agent.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Platform, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner
2. Identification of the copyrighted work that you claim is being infringed
3. Identification of the material that is claimed to be infringing and where it is located on the Platform
4. Information reasonably sufficient to permit BA Club to contact you, such as your address, telephone number, and email address
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner

Send this information to our designated copyright agent at: support@baclub.network.

8.1 Commission Structure

BA Club offers a tiered commission structure for creators participating in our Creator Program. Commission rates are based on your tier level, which is determined by the number of active referrals and overall performance. The current commission structure is as follows:

BA Club reserves the right to modify commission rates, tier structures, and qualification requirements at any time with notice to creators. Any changes to commission rates will be effective for transactions that occur after the notification date, unless otherwise specified.

8.2 Commission Calculation

Commissions are calculated based on qualifying transactions that are attributed to your unique affiliate links or tracking codes. A qualifying transaction is defined as a successful purchase made by a referred customer that:

• Is attributed to your unique tracking link or code
• Has been successfully processed and not refunded, charged back, or otherwise invalidated
• Complies with all program terms and policies
• Is made within the attribution window (typically 90 days from the initial click)

Commission calculations are based on the net sale amount, which excludes taxes, shipping fees, handling fees, and any applicable discounts. BA Club uses industry-standard tracking methods but cannot guarantee 100% tracking accuracy due to various factors beyond our control, such as cookie settings, browser configurations, and ad blockers.

8.3 Commission Payments

BA Club processes payments to creators on a weekly basis every Monday for all earnings that have reached the minimum threshold of $50. Pioneer and Visionary tier creators are exempt from this minimum threshold requirement.

We offer multiple payment methods, including:

• Direct bank transfers (ACH/SEPA/Global)
• PayPal
• Payoneer
• Cryptocurrency (Bitcoin, Ethereum, and USDT)
• Gift cards for major retailers (for certain regions)

Your earnings become available after a 7-day holding period to account for potential refunds or transaction issues. Once processed, payments typically arrive within 24-48 hours, depending on your chosen payment method. Through your creator dashboard, you can track all earnings, pending payments, and payment history in real-time.

8.4 Taxes and Reporting

You are solely responsible for determining and paying any taxes applicable to the commissions you earn through the BA Club Creator Program. BA Club is not responsible for withholding, collecting, reporting, or paying any sales tax, use tax, income tax, or similar taxes on your behalf.

In accordance with applicable tax laws, BA Club may be required to collect certain tax information from you and/or file certain reports with tax authorities regarding commissions paid to you. This may include issuing 1099 forms for U.S. creators earning $600 or more in a calendar year or similar reporting documentation in other jurisdictions.

By participating in the Creator Program, you agree to provide BA Club with accurate and complete tax information, including a valid W-9 (for U.S. persons) or W-8 series form (for non-U.S. persons) upon request. Failure to provide required tax documentation may result in the withholding of payments or termination from the program.

8.5 Refunds and Chargebacks

If a purchase that resulted in a commission is later refunded, cancelled, or subject to a chargeback, BA Club reserves the right to deduct the corresponding commission amount from your current or future earnings. If there are insufficient future earnings to cover such deductions, BA Club may require you to repay the amount directly.

Commission reversal due to refunds or chargebacks will be clearly indicated in your earnings report in the creator dashboard. The 7-day holding period for new transactions helps minimize the impact of quick refunds on your cash flow.

10.1 Disclaimer of Warranties

THE PLATFORM, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, AND INFORMATION ON OR ACCESSIBLE THROUGH THE PLATFORM, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

BA Club does not warrant that the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform or the servers that make it available are free of viruses or other harmful components. BA Club makes no warranties or representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using the Platform. Use of the Platform is at your own risk.

BA Club specifically disclaims any warranties regarding:

• The accuracy or completeness of commission tracking
• The level of earnings or success you may achieve as a creator
• The suitability of the Platform for any particular purpose
• The reliability, availability, or performance of third-party services integrated with the Platform
• The validity, accuracy, or legality of materials or content provided by other users

10.2 Limitation of Liability

IN NO EVENT SHALL BA Club, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PLATFORM (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) FEES PAID TO BA Club FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.

Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

10.3 Indemnification

You agree to indemnify, defend, and hold harmless BA Club, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from:

• Your access to or use of the Platform
• Your violation of these Terms
• Your infringement of any intellectual property or other right of any person or entity
• Your violation of any applicable laws, rules, or regulations
• Content you submit, post, transmit, or make available through the Platform
• Any misrepresentation made by you
• Your failure to disclose your relationship with BA Club or compensation you may receive from BA Club in connection with your use of the Platform

BA Club reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BA Club.

10.4 Force Majeure

BA Club will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond our reasonable control, including acts of God, acts of governmental authorities, changes in law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party service providers, riots, civil disturbances, fires, explosions, earthquakes, floods, unusually severe weather conditions, power outages, strikes, labor problems or unavailability of supplies, provided that BA Club will use reasonable efforts to minimize the effects of any such delay or failure.

10.5 Release

In the event of a dispute between you and one or more other users of the Platform, you release BA Club (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms incorporated herein by reference, constitute the entire agreement between you and BA Club concerning your use of the Platform. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and BA Club regarding the Platform.

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The remaining provisions shall not be affected.

12.3 No Waiver

BA Club's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if it is in writing and signed by BA Club.

12.4 Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without BA Club's prior written consent, but may be assigned by BA Club without restriction or notification to you.

BA Club may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of its assets, or similar transaction.

12.5 No Agency

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms. Nothing in these Terms shall be construed to make either party the agent or legal representative of the other or to make the parties partners or joint venturers.

Creators are independent contractors and are not employees, partners, or agents of BA Club. Creators do not have any authority to bind BA Club to any third party contracts or obligations.

12.6 Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights. No provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege.

12.7 Notices

BA Club may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. You agree that notices sent by BA Club via email satisfy any requirement that notices be provided in writing.

Notice from you to BA Club must be sent by email to support@baclub.network or by certified postal mail to our registered address listed in the Contact Information section of these Terms.

12.8 Force Majeure

BA Club shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, embargoes, laws or regulations, strikes or other labor problems, power failures, internet or telecommunications disruptions, computer viruses, or server or technology issues.

12.9 Headings

The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.