TERMS AND CONDITIONS
As a 3rd generation family business that started in 1956, our goal at Sports Marketing Plus is to continue to make ordering our promotional items as simple as possible “while delivering the highest value to you… and keeping you as a loyal, long-term customer that refers other business to us." We strive for 100% Satisfaction on every order.
That being said, our legal department requires this legalese below:
The use of the SportsMarketingPlus.com website (this “Website”) and the sale of products offered on this Website are governed by these terms and conditions, disclaimers, guidelines, and policies appearing on this Website. Your use of this Website in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Sports Marketing Plus reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website.
Submissions to SportsMarketingPlus.com
Any remarks, suggestions, ideas, messages and data submitted by you to Sports Marketing Plus through this Website shall be and remain the exclusive property of Sports Marketing Plus. Therefore, Sports Marketing Plus discourages you from submitting Messages that you do not wish to assign to Sports Marketing Plus, including confidential information or any original creative materials such as product ideas or original works. You represent, warrant and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to Sports Marketing Plus of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Sports Marketing Plus is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.
Orders and Payment
First-time orders from SportsMarketingPlus.com require prepayment in full unless prior arrangements have been made. We recommend the use of a credit card to facilitate rapid fulfillment of your order, but you may also use a company check, money order, or wire transfers if you choose. Please be aware that forms of payment that require funds to clear into our account can delay your order. We will not ship orders until our bank has cleared your funds.
The majority of our customers prefer to pay for their orders by credit card. SportsMarketingPlus.com accepts Visa, MasterCard, Discover and American Express. We do not recommend submitting your credit card information via email. You can call in or fax your card information to us, or use your credit card online on our secured server when placing your order. When providing credit card information, please include your order number, the type of card, the card number, the expiration date and your full name and billing address as it appears on the card.
When paying by credit card, you will be charged 100% of the amount stated on your Order Acknowledgment plus an estimate of the shipping charge and set up charges. Once the order is shipped, any balance due or credit owed will be charged or refunded to your card as appropriate.
Information regarding account number and expiration dates as well as authorized signatures will be held entirely confidential by SportsMarketingPlus.com and its representatives.
Credit Card Fraud Prevention Policy
Credit Card Fraud is one of the fastest growing financial crimes in the United States. Because of this, SportsMarketingPlus.com has put in place this fraud prevention policy, to protect both the cardholder and Sports Marketing Plus, Inc.
Individuals and/or companies ordering services should be aware that SportsMarketingPlus.com captures certain information concerning orders for service, including but not limited to time, date, IP address and other information which may be used to locate and identify individuals attempting to commit or committing theft of service by means of Credit/Debit Card fraud.
Sports Marketing Plus, Inc. reserves the right to require photo identification and signature confirmation, etc., before we process any credit card order. If we request a valid form of photo identification or any other piece of necessary information, and do not receive it back within a specified amount of time, we will terminate your order.
It is the policy of Sports Marketing Plus, Inc. to report all forms of Credit/Debit Card fraud and/or attempted Credit/Debit Card fraud to the appropriate legal authorities, regardless of country of origin, and to vigorously prosecute individuals and/or companies that commit Credit/Debit Card fraud by means of charge-backs, use of fraudulent Credit/Debit Cards or other forms of Credit/Debit Card fraud.
If we notice any unusual activity on your account, we’ll attempt to contact you to verify the charges and get your approval before allowing any additional activity. If you suspect that fraudulent charges have been placed on your credit card, or someone has used your personal information to commit theft, you are encouraged to please call.
Once received and verified, all hard copies of the documents will be shredded and disposed of in a secure facility.
A purchase order (PO) is a commercial document issued by a buyer (your company) to a seller (Sports Marketing Plus), indicating the type, quantities and agreed prices for products or services the seller will provide to the buyer. Sending a PO to a supplier constitutes a legal offer to buy products or services. Acceptance of a PO by a seller usually forms a one-time contract between the buyer and seller. No contract exists until a signed PO is accepted by the seller (Sports Marketing Plus).
Purchase Orders are generally issued by large corporations, schools, and government agencies or clients that we have had a continued working relationship with. By submitting a PO, you are merely stating that you are agreeing to pay for the products you are ordering. The PO itself does not constitute payment.
We will be happy to set up a corporate account. Credit review may take 7 to 10 business days and production will not begin on orders until the review process is complete. If your order is urgent, please use a credit card or call us to make other arrangements.
In all cases where we have a check returned for insufficient funds we will assess a $35.00 NSF fee.
Net 30 Terms
If you are granted payment terms, you agree that if you are late paying your invoice, a 1.5% finance charge or the maximum charge permitted by law may be assessed against all accounts with past due balances. You agree to pay all the company’s reasonable attorney’s fees and all collection agency fees incurred in the collection of any amount owed hereunder and not paid when due.
PMS or Pantone Color Matching is available on many Items for an additional fee. Factory will make every effort to closely match any PMS color. Due to item materials an exact match cannot be guaranteed, especially on metallic and non-white products.
If you are working on a very tight deadline, please check out our rush service section, which lists a wide selection of products that can be produced and delivered to a carrier for shipment within 3 business days. You could also call us for personal assistance. Please note that you must consider delivery time when figuring out when you will receive your order. We will work to ensure that your order will leave the factory on time according to the shipping method that you specify. Rush orders often incur additional charges and you may be required to limit the complexity of your artwork. For rush orders, you must submit your art by email, and it must be in vectored EPS or AI file format with text converted to curves. That will prevent any issues in case we do not have your specific font in our library.
On Rush orders under 5 days, we will most likely not have time to send a proof. Therefore we must interpret your art requirements to the best of our knowledge and cannot be held responsible for miscommunications. If we have questions, we will most certainly try to reach out to you. However, with tight time constraints, we must interpret your instructions as best we can.
If your item is not available in our section, we may still be able to produce the item by your deadline. Rush orders and going beyond the call of duty are our specialty and we enjoy the challenge of delivering the impossible. If you are interested in placing a rush order please contact us at robert@SportsMarketingPlus.com or call us at 512-507-4709. In most cases, there will be an additional rush charge added to your order.
We endeavor to ship your products to your desired destination by the most economical means given your specified date and production limitations. This is typically UPS Ground or Fedex Ground. In some cases where product is extremely heavy, another common carrier may be used.
All orders are shipped FOB (freight on board) factory. All goods become your property at the time they are accepted by the carrier. We guarantee that your items will leave the factory on or before the ship date specified on our Order Acknowledgment. Once the goods leave the factory, we cannot be held responsible for loss or delay by common carrier, international or US Customs departments or by “acts of God”, acts of terrorism, or any other cause beyond our control. We will typically notify you with tracking information within 24 hours of shipment. If you have any questions or problems, please call customer care at 512-507-4709 for assistance.
We are able to ship to most locations in the US and abroad, although individual carriers have restrictions regarding PO and APO boxes.
All orders will be shipped using the SportsMarketingPlus.com account and billed with your order at rates for that carrier. If you prefer to use your own account, we can accommodate you. Please provide us with the carrier name and your account number either via email or in the ‘additional instructions’ section of the order form. If you choose to use your own account, you will be solely responsible for insuring your shipment.
Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Sports Marketing Plus be liable for any consequential or special damages arising from any delay in delivery. If your shipment is damaged or lost in transit, you will be responsible for the full invoiced amount of the items.
Use of Trademarks
Logos shown on products on our web site appear only to illustrate the products we offer and the variety of ways in which they can be decorated. The use of logos that are trademarks or copyrighted work of other companies are never intended to suggest that SportsMarketingPlus.com owns the rights to those trademarks, or that SportsMarketingPlus.com would make those products featuring the trademarked logos of others available to any purchaser without the permission of the owners of the trademarked or copyrighted art or copy. By submitting any order to us you grant us permission to display and exhibit products containing your trademark or copyrighted material on our web site, in our catalog, in our offices, and in the usual course of business and to distribute the same or similar goods as samples of products available. We agree not to sell or offer for sale any products with your trademarks or copyrighted material without your prior consent.
Additionally, the contents of the SportsMarketingPlus.com website, including, but not limited to, the arrangement and assembly, text, graphics, logos, button icons, images, audio clips and software, are copyrighted materials owned by Sports Marketing Plus. You may use our web site and its contents as a shopping resource for non-commercial use only.
Customer’s Right to Use Trademarks and other Intellectual Property
By submitting an order for custom-imprinted merchandise from SportsMarketingPlus.com you represent and warrant to Sports Marketing Plus that you have the unrestricted right and authority to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property (collectively “IP”) in the way it is applied to your promotional merchandise. Purchase of merchandise from SportsMarketingPlus.com does not constitute a grant or permission to reproduce IP, nor does it transfer, grant, or lease ownership of any IP to a customer.
By submitting an order using any IP, you represent and warrant that you have written permission from the registered owner of the IP, or are an authorized agent or affiliate of the registered owner of the IP that your requested use does not infringe on the intellectual property rights of another.
No IP may be used in a vulgar, illegal, and/or unlawful manner. SportsMarketingPlus.com assumes no responsibility for damages or any wrong doing that the purchaser may cause using IP. SportsMarketingPlus.com shall not be held liable for the unauthorized, improper, or illegal use of any IP that is applied to promotional merchandise purchased through SportsMarketingPlus.com. SportsMarketingPlus.com will also not accept responsibility or liability for the actions of clients who have misrepresented their ownership of licenses or trademarks. SportsMarketingPlus.com reserves the right to refuse orders from any customer who, in Sports Marketing Plus sole discretion, may or has violated or otherwise infringed upon the intellectual property rights of others. You agree to defend, indemnify and hold harmless Sports Marketing Plus its directors, officers, employees, affiliates, successors ,assigns or other representatives from and against any claim, damage, loss or expense, including attorney fees, in connection with Sports Marketing Plus use of any IP pursuant to your request or any misrepresentation by you related to IP.
SportsMarketingPlus.com warrants that all goods sold are free of any security interest and will make available to you all transferable warranties made to SportsMarketingPlus.com by the manufacturer of the goods. SPORTSMARKETINGPLUS.COM MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE.
We encourage you to take the opportunity to review a sample of the actual product before you order in bulk quantity. It is important that you understand that these samples are representative in nature. While we are very careful about the suppliers and manufacturers we use, manufacturing variations are unavoidable and natural result of the manufacturing process. By choosing to place and order with SportsMarketingPlus.com, you are agreeing to accept merchandise with reasonable manufacturing variances in product material, color and packaging. The most common example of this is apparel dye-lots.
Your submittal of an online order and/or your signature on our Order Acknowledgment is a conditional acceptance by Sports Marketing Plus of your offer to purchase our goods and your acceptance of our terms and conditions. If your offer contains terms that differ from or add to those contained in your purchase order, should you have one, and to the extent that this is the case, Sports Marketing Plus hereby expressly conditions its acceptance of your offer on Sports Marketing Plus assent to the additional or different terms. Your receipt and retention of the goods shall constitute acceptance of these terms and any term contained on your purchase order. In the event of any inconsistency, the terms of the purchase order shall control. You and Sports Marketing Plus agree that any contract hereby entered into has been made and is to be construed in accordance with Texas State Law.
Sports Marketing Plus is required by law to collect all applicable state and local taxes for services and goods shipped to New York, Texas, New Jersey, Florida, and California. Customers in other states may be required to remit us taxes. Please consult your tax advisor. Companies, individuals and organizations who are exempt from sales tax should provide us with a copy of their resale certificate by fax to 866-641-6581.
Cancellations and Alterations to Existing Orders
Once an Order Acknowledgment or Proof is approved, we cannot guarantee our ability to make changes or cancellations to an order. SportsMarketingPlus.com will make every commercially reasonable effort to comply with your cancellation request. If you have already approved your Order Acknowledgment or Proof, there will be a minimum charge of $50.00 to cover order entry and preparation expenses. In addition, you are liable to pay the agreed upon price for any work that may have been completed up to the time that we are able to cancel your order. These charges may include, but are not limited to, setup charges, artwork preparation charges, shipping charges and restocking fees. All completed work and costs incurred will be the responsibility of the customer. All cancellations must be made either by email. No verbal cancellations will be accepted.
Claims, Adjustments and Returns
Once an approved order is imprinted or embroidered, it cannot be returned to the factory unless the product is defective or we imprint improperly.
In the unlikely event of a product defect or if you have any problems with your order, please contact customer service at 512-507-4709 within 5 days of receipt. We advise opening your merchandise to review its quality even if you do not intend to use it right away. All claims must be reported within 5 calendar days upon receipt of goods. If no claim is made withing 5 days, the Customer and Sports Marketing Plus will understand the order to be complete and accepted in satisfaction of the sales order and all associated terms and conditions. Please have your order number available. WE DO NOT ACCEPT UNAUTHORIZED RETURNS. If any problem arises, please call customer service immediately. If appropriate, we will issue an RMA number (Return Merchandise Authorization) and provide you with a special shipping address.
Adjustments: On products that have been received under the required quantity or due to a problem in shipping, we reserve the right to process a credit for that amount rather than redoing that portion.
Overages and Shortages
We try to produce your order in the exact quantity ordered, but this is not always possible due to quality control efforts and fast running machines. We reserve the right to ship and subsequently bill or credit, your charge card or account, for up to 10% over or under the desired quantity.
We endeavor to provide clear and color-correct product images on our site that best reflect the true nature of the products. However, web site images are inherently limited in their ability to communicate color, scale, and detail. We want to remind customers to be careful about making assumptions about products from the site image alone. We strongly urge our customers to order actual samples. If you choose not to evaluate a physical sample, we cannot be held responsible for the difference between the image as it appears on your monitor and the final product.
We enjoy providing valuable special offers to our customers. Unless stated otherwise, all special offers are subject to the following standard terms and conditions:
Each offer may only be used one time per customer. Special offers may not be combined on a single order. Each product purchased is considered a separate order, even when multiple orders are placed at the same time. When qualifying for special offers, order size or total does not include shipping or tax. Special offers and coupons may only be valid on orders purchased at web site pricing. Special offers are valid only on quantities ordered between the lowest and highest quantities listed in the pricing matrix displayed on the product’s page. Special offers may not be valid on certain items.
To redeem any special offer, the coupon code must be given at the time of ordering. These terms allow us to create special offers that are valuable and simple. If you have any questions about these terms, please contact us at 512-507-4709.
You may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. Sports Marketing Plus reserves complete title and full intellectual property rights in any Content that you download from this Website.
You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.
Modification of Content
Sports Marketing Plus attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth below, Sports Marketing Plus does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Sports Marketing Plus reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Sports Marketing Plus reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Sports Marketing Plus shall promptly issue credit to your credit card. If a site price is incorrect on an item that you ordered, we will contact you immediately with the correct price or help you choose a different item that is within your budget.
The Sports Marketing Plus logo and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner. SportsMarketingPlus.com, Sports Marketing Plus and Sports Marketing Plus, Inc. may be used interchangeably in these Terms and Conditions.
The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by Sports Marketing Plus, Inc. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Sports Marketing Plus owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content.
Limitation of Liability
IN NO EVENT SHALL SPORTS MARKETING PLUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS, ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF ANY PRODUCTS, MERCHANDISE, OR ITEMS ORDERED OR PURCHASED BY OR THROUGH THIS WEBSITE, EVEN IF SPORTS MARKETING PLUS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN SPORTS MARKETING PLUS TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Texas, without giving effect to any principles or conflicts of laws.
California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. The “Prop 65” warnings are only required under California law. Prop 65 standards are among the most stringent standards in place anywhere and are often far more stringent than federal standards. Warnings included on items containing regulated chemicals will include warnings such as:
WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. Such a warning may be adhered to a product with stickers or tags depending upon the product material. If you have any question about Proposition 65 warning labels please feel free to contact us.
The Terms and Conditions constitute the entire agreement between you and Sports Marketing Plus with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Sports Marketing Plus with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by Sports Marketing Plus. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED “AS IS” AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. SPORTS MARKETING PLUS DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF SPORTS MARKETING PLUS, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT SPORTS MARKETING PLUS DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS, OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
SPORTS MARKETING PLUS DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. SPORTS MARKETING PLUS DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
SPORTS MARKETING PLUS reserves the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such products and/or services in your state is restricted or prohibited.