PARTNERSHIP TERMS & CONDITIONS

Effective Date: December 1, 2025

Confidentiality. Subject to applicable state public records law, the terms of this Agreement are strictly confidential, and neither party may disclose the terms hereof to any third party without the prior written consent of the other party.
Ecomm (Custom, Express, Fan Stores & Athlete Stores). Will be priced at team pricing.
Promo. Must meet expected spend to unlock promo allotments unless otherwise outlined.
Branding. All branding provided by Game One will be co-branded.
Compliance with Law. Each party shall comply with all laws, rules, and regulations applicable to it in the performance of its obligations under this Agreement.
Severability. If any provision of this Agreement is held to be invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of this Agreement will not be in any way impaired.
Binding Effect. Agreement will be binding on and inure benefit of the parties & their respective heirs, personal representatives, successors, & permitted assigns.
Assignment. School may not assign, sell or transfer this Agreement or any of its rights, interests, or obligations under this Agreement.
Construction. Captions used in this Agreement are provided for convenience only & will not affect the meaning/interpretation of any provision of this Agreement.
School/Game One Relationship. Nothing contained in this Agreement shall be construed as establishing an employer/employee, agency, partnership, or joint venture relationship between the parties.
Entire Agreement. This Agreement, together with the terms & conditions of the vendors represented by Game One, & of terms of net 30 payment on School-funded purchases, in connection with the execution of this Agreement, all of which are incorporated into this Agreement by reference, constitutes the entire understanding between the parties with respect to the subject matter hereof and cannot be amended or modified except by an agreement in writing, signed by each of the parties. All previous understandings or agreements between the parties related to the subject matter herein shall have no further force and effect.
Warranties. Game One shall not be liable for any injury or damage suffered by School, its students, staff, or volunteers from wearing or using products or any other product service provided, and School hereby expressly knowingly and irrevocably waives all such liability, except to the extent, such injury or damage is caused by Game One’s gross negligence or willful misconduct. All goods and services purchased or otherwise acquired by School and/or Booster Clubs pursuant to this agreement are transferred as-is. Game One hereby disclaims all implied warranties, including the warranties of merchantability and fitness for a particular purpose and those that may arise by course of dealing, course of performance, or usage of trade.
Representations and Warranties. Each party represents and warrants that such party (i) is not party to any agreement, contract or understanding, whether oral or written, that would prevent, limit, or hinder the performance of any of its obligations under this Agreement; and (ii) has the due and proper authority to enter into and perform its obligations under this Agreement.
Vendor Termination. Game One, in its sole discretion, may reduce the amount of Promotional Merchandise and/or terminate Agreement if School or Booster Clubs fail to use/wear products provided by Game One as required. The right of termination under this Agreement is not exclusive and is in addition to any and all other rights and remedies available to the parties under applicable law. The termination of this Agreement shall not relieve a party from liability for a prior breach of this Agreement. The provisions of this Agreement that by their context or nature are intended to survive the expiration or termination of this Agreement.
Customer Termination. During the Term, School shall notify Game One in writing (email ok) of any instances of not meeting the service level agreement. This notification must be confirmed by Game One Exec VP of Sales (Brock Paalhar at brock.paalhar@game-one.com). Upon notification, Game One shall have 60 days to adhere to said service level agreement. Should Game One fail to meet the service level agreement after 60 days, School may terminate Agreement without any penalty. Agreements terminated by the customer prior to the end of the agreement length will be required to pay back to the dealer any prepaid promotional dollars, such as prepaid rebates and annual allotments, or signing bonuses.
E-Comm & Fundraising Opportunities. During term of agreement, School will use Game One as its official e-Comm Team, Athlete & Fan Store provider. All School activities shall build and promote e-Comm stores through Game One & shall not promote apparel, footwear, and accessory purchases from vendor other than Game One. School will be eligible for the fundraising opportunities.

Online Webstores (Custom, Express, Fan Stores & Athlete Stores)
- Flash Website set-up to meet the needs of specific Team/Activity
- Product specific fundraising available on Flash websites paid as rebate (see item e.)
- Rebate rate agreed upon at store set-up.
- Fan Store open 24/7/365 and promoted on School website & athletic emails.
- Rebate paid via account credit or product rebate quarterly.

Exclusive Use. During the Term, School and all Booster Clubs shall promote “best effort” that each team (athletes and staffs) uses and wears products provided by Game One whenever engaged in any game day activity, being photographed, or filmed by motion picture or videotape and conducting or participating in camps or clinics.
Marketing. During the Term, School and all Booster Clubs shall provide Game One Logo placement on School affiliated websites, all social media outlets such as, but not limited to, Facebook, Twitter, Instagram, Snapchat, Triller, and TikTok, game day programs, and any Athletic/Activity Department Golf Events.

Exclusive Agreement. School and all Booster Clubs shall not enter into an endorsement or similar agreement with a third party during the term. This would include game uniforms, footwear, spirit wear, accessories, or similar items used by the Athletic/Activities Department of School. School shall provide Game One equal opportunity to quote all equipment needs.

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, acts of terrorism, voluntary or involuntary compliance with any regulation, law, or order of any government, war, acts of war, civil commotion, epidemic, failure or default of public utilities or common carriers, equipment or transmission failure, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe, or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Referral Program. Funds supplied out of rep promo. Must be for apparel, uniforms and equipment for that program or School. Must be a program not currently working with. Must be signed off by RSM and Rep. Monies will not be paid out until referred account is current on AP and has made all purchases for current season. One-time Bonus only.

Renewal School Is eligible for two 1-year renewals with the same annual terms If both parties agree. With acceptance of this agreement, school agrees to give Game One the first right of refusal for any new contract after the current one expires.