TEEOFF.COM TERMS AND CONDITIONS
TEEOFF.COM (EZLINKS PLATFORM)
TeeOff.com by PGA TOUR provides golf courses with a distribution channel to market and sell tee time reservations through the EZLinks Platform (e.g., TeeOff.com by PGA TOUR site, app, affiliate partner sites) – “The Platform”. Golf courses interested in posting tee times on these channels can opt-in to participate on TeeOff.com by making tee times available for sale through The Platform via a direct integration to the course tee sheet or through a distribution partner.
Participating courses will receive:
- Marketing on the TeeOff.com by PGA TOUR and partner sites for the purposes of booking tee times
- Ability to control and manage tee time pricing and allocation
- End User data for rounds booked at your course via the Platform. This data (including personal golfer information) will be co-owned between EZLinks and the course. EZLinks makes no representation that any golfer data is collected in a manner that secures consent for Course to use the information or data for any particular marketing tactic.
- Access to 24/7 Support line should a course need help posting tee times.
By participating, courses agree to:
- Make tee time inventory available to “The Platform”
- Honor the reservations booked on The Platform and provide golfers with the same rights as golfers that book at the course
- Comply with and implement technical requirements to allow “The Platform” to access the Course tee time inventory, which may involve working directly with EZLinks or through a third-party
- Provide EZLinks with the right to use course name and images in marketing materials as well as provide the right to use course images to market golf courses
- Refrain from using End User data to directly market products or services of an EZLinks competitor
- Follow the No Show policy and return policy of the EZLinks Platform.
Participating courses agree to pay TeeOff.com a commission of 15% the amount of the tee time sold. At anytime TeeOff.com may reduce this commission or offer trial / incentives for participation. Course agrees that the compensation described in the prior sentence is in addition to and is in no way linked to and does not affect other compensation detailed in any other agreements between Course and EZLinks. Course agrees EZLinks reserves the right to charge end users a booking fee in connection with all tee times. Booking fees will be retained by EZLinks.
EZLinks may employ tools to ensure price parity, an automated price manager that will dynamically adjust pricing of course tee times. Price will reflect the lowest public third-party rate and will adjust up and down daily, or more frequently. A third party is defined as an entity that solely sells tee times to consumers as their primary business, such as but not limited to GolfNow, Golf18, Golf Advisor, Discount Tee Times, Tee Times.NET, and Stand by Golf. Course can override or opt out by calling EZLinks Support at any time. Changes will be processed in 72 hours. Course understands that EZLinks is not responsible for, nor can it control, course pricing posted on other third party sites.
By posting tee times on The Platform, this represents the Course is opting-in to use EZLinks Platform. The individual posting tee times or the individual that provided access to inventories via a third party, hereby represents and warrants that the individual is authorized to enter into this Agreement on behalf of that Course. The Course may opt out of selling tee times via the EZLinks Platform by ceasing to provide EZLinks access to tee times.
If a Course opts out of selling tee times on The Platform or EZLinks cancels Course’s use of the The Platform, the Course will cease all use of the EZLinks Platform and all related software and tools and notify all applicable third parties of the same. To opt-out, The Course is required to call EZLinks at 1-855-383-3633 so the course can be removed from the The Platform. EZLinks will make commercially reasonable efforts to remove the course within five business days of receipt.
Course will defend, indemnify and hold EZLinks, its employees, agents, representatives, successors and assigns harmless from and against any and all judgments, costs, damages, claims, causes of action and expenses (including reasonable outside attorneys’ fees) or settlement thereof in connection with or arising from any third party claim based upon the breach or alleged breach of any distribution agreement with EZLinks Golf.
Limitation of Liability/Disclaimers
IN NO EVENT WILL EZLINKS BE LIABLE TO COURSE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO COURSE’S USE OF THE PLATFORM OR ANY RELATED THIRD PARTY SOFTWARE OR APPLICATIONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EZLINKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON EZLINKS, THEN EZLINKS’ TOTAL LIABILITY FOR ANY OR ALL OF COURSE’S LOSSES OR INJURIES FROM EZLINKS’ ACTS OR OMISSIONS UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF SUCH CLAIM, WILL NOT EXCEED THE AMOUNT OF ALL REVENUED RECEIVED BY EZLINKS FOR COURSE SALES VIA THE PLATFORM DURING THE SIX MONTH PERIOD PRECEDING THE DATE SUCH CLAIM AROSE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE COURSE AGREES THAT EZLINKS PLATFORM AND ALL RELATED SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EZLINKS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE EZLINKS PLATFORM AND RELATED SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FREEDOM FROM VIRUS. EZLINKS DOES NOT WARRANT AGAINST INTERFERENCE WITH COURSE’S ENJOYMENT OF EZLINKS PLATFORM OR RELATED SOFTWARE, OR THAT EZLINKS PLATFORM OR RELATED SOFTWARE WILL MEET COURSE’S REQUIREMENTS, THAT THE PLATFORM OR RELATED SOFTWARE WILL NET ANY PARTICULAR RESULTS OR REVENUE FOR THE COURSE, THAT THE OPERATION OF THE PLATFORM OR RELATED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE.
The waiver by either party of any breach of this Agreement will not be construed to be a waiver of any succeeding breach. Course may not assign this Agreement without the prior written consent of EZLinks. The rights and obligations of this Agreement shall bind and benefit any permitted successors or assigns of the parties. The performance by EZLinks of its duties and obligations under this Agreement will be that of an independent contractor. This Agreement is governed in all respects by the laws of the State of Illinois without regard to conflict of law provisions. Each party exclusively submits to the personal jurisdiction of the courts located within Cook County, Illinois. Any provision of this Agreement that is declared by a court to be invalid or unenforceable shall be ineffective only to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof. Any such invalidity or unenforceability in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.