NCAA CREDITOR REFERRAL PROGRAM TERMS AND CONDITIONS
Last Updated: December 3, 2025
This Referral Program Agreement (the "Agreement") is entered into by and between NCAA Creditor ("Company," "we," "us," or "our") and the individual or entity registering for the referral program ("Referrer," "you," or "your").
By registering for, accessing, or using our Referral Program, you agree to be bound by these terms. If you do not agree, you may not participate.
1. Definitions
"Referral Link": A unique URL or tracking code provided by Company to Referrer to track Referrals.
"Prospective Claimant": A third-party individual who possesses a potential claim in the NCAA NIL litigation.
"Qualified Lead": A Prospective Claimant who: (a) arrives at the Company's platform via the Referrer's Referral Link; (b) successfully completes the account registration and verification process; (c) is not already in the Company's database; and (d) enters into a binding and completed transaction with Company to sell or monetize their claim.
"Face Value": The nominal value of the claim as verified and accepted by the Company. The determination of Face Value is at the sole and absolute discretion of the Company.
"Commission": The payment earned by the Referrer for a Qualified Lead.
2. Enrollment and Eligibility
Participation in the Referral Program is subject to Company's approval. We reserve the right to reject or revoke your participation at any time for any reason. You represent that you are at least 18 years of age and have the legal authority to enter into this Agreement. You may not participate if you are a resident of a jurisdiction where this Program is prohibited.
3. Referral Commission and Payment
3.1 Calculation of Commission
Company shall pay Referrer a commission calculated as a percentage of the Face Value of the claim associated with a Qualified Lead. THE SPECIFIC PERCENTAGE RATE APPLICABLE TO ANY GIVEN REFERRAL SHALL BE DETERMINED BY COMPANY IN ITS SOLE AND ABSOLUTE DISCRETION. Commission rates may vary based on claim size, claim type, market conditions, or volume of referrals. Company reserves the right to change commission structures at any time without prior notice. You acknowledge that different Qualified Leads may generate different Commission percentages, or no Commission at all, based on Company's underwriting criteria.
3.2 Payment Conditions
Commissions are only earned upon the final successful settlement or funding of the Qualified Lead's transaction with Company. If a Prospective Claimant registers but does not sell their claim, or if the transaction is cancelled, rejected, or fails for any reason, no Commission is due.
3.3 Payment Timing
Company shall remit payment of earned Commissions within twenty-one (21) days following the date on which the Qualified Lead's transaction is successfully settled and finalized.
3.4 Tax Documentation (W-9 and 1099)
As a condition precedent to your receipt of any Commission payments, you must provide Company with a completed and valid IRS Form W-9 (Request for Taxpayer Identification Number and Certification).
- Withholding: Company will strictly withhold all Commission payments until a valid W-9 is received and verified.
- Reporting: You acknowledge that Company will issue an IRS Form 1099-NEC (Nonemployee Compensation) to you and the IRS if your total earnings exceed $600 (or such other threshold as required by applicable law) in a calendar year. You are solely responsible for reporting these earnings to the appropriate tax authorities.
3.5 Payment Information and Liability
You are solely responsible for ensuring that your bank account information, routing numbers, and other payment details provided to Company are accurate and up-to-date.
- Company Liability: If Company remits payment to an incorrect bank account or payment address based on information provided by you, Company shall have no liability for the lost funds and shall have no obligation to reissue the payment.
- Correction Fees: If funds are returned to Company due to your error, Company reserves the right to deduct any bank fees or administrative costs incurred from your subsequent payments.
3.6 Clawback and Right to Offset
If a transaction for which a Commission has been paid is later reversed, refunded, invalidated, or found to be fraudulent (a "Chargeback Event"), Referrer agrees to repay the Commission to Company immediately upon demand. Company reserves the right to set off and deduct any such amounts from future Commissions payable to Referrer.
4. Obligation to Disclose Tax Warnings
In connection with any referral made under this Agreement, Referrer agrees to direct the Prospective Claimant's attention to the specific tax disclosures set forth in the Appendix attached hereto. Referrer acknowledges that providing this notice is a material term of this Agreement and agrees to ensure that any Prospective Claimant is aware of the "Warning About Potential Tax Consequences" prior to, or simultaneously with, the submission of the referral.
5. Restrictions and Prohibited Activities
Referrer agrees NOT to:
- Self-Refer: Refer yourself or create fake accounts to earn Commissions.
- Spam: Send unsolicited emails, SMS, or messages in violation of the CAN-SPAM Act, TCPA, or other applicable laws.
- Misrepresent: Make any warranties or representations on behalf of Company. You must not imply that you are an employee or agent of Company. You may not guarantee any specific payout or result to Prospective Claimants.
- Brand Infringement: Bid on Company keywords (e.g., "NCAA Creditor," "GetClaimID") in Pay-Per-Click campaigns or use confusingly similar domains.
- Illegal Traffic: Generate traffic through bots, scripts, or fraudulent means.
Violation of this Section 5 is grounds for immediate termination and forfeiture of all pending and future Commissions.
6. Independent Contractor Relationship
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf. You are solely responsible for all tax obligations (including income tax and self-employment tax) arising from your receipt of Commissions.
7. Term and Termination
7.1 Term
This Agreement begins upon your registration and continues until terminated.
7.2 Termination for Convenience
Company may terminate this Agreement and your participation in the Program at any time, with or without cause, by giving you notice.
7.3 Effect of Termination
Upon termination, you must immediately cease using all Referral Links and Company marketing materials. Company shall pay any outstanding Commissions earned prior to the termination date, provided you were not terminated for breach of this Agreement (e.g., fraud or spamming).
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, ARISING OUT OF THIS AGREEMENT. COMPANY'S TOTAL CUMULATIVE LIABILITY TO REFERRER UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO REFERRER IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
9. Disclaimer of Warranties
THE REFERRAL PROGRAM AND ANY TRACKING TECHNOLOGY ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT GUARANTEE THAT THE TRACKING SYSTEM WILL BE ERROR-FREE OR THAT REFERRER WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
10. Indemnification
Referrer agrees to indemnify, defend, and hold harmless Company, its officers, directors, and employees from any claims, damages, liabilities, costs, and expenses (including legal fees) arising out of: (a) Referrer's negligence or willful misconduct; (b) Referrer's violation of applicable laws (including marketing and privacy laws); or (c) any misrepresentations made by Referrer to Prospective Claimants.
11. Confidentiality
You may receive confidential information regarding Company's business, pricing, and underwriting criteria. You agree to keep such information confidential and not to disclose it to any third party without Company's prior written consent.
12. General Provisions
12.1 Governing Law
This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
12.2 Dispute Resolution
Any dispute arising under this Agreement shall be resolved by binding arbitration administered by JAMS in Delaware, in accordance with its Streamlined Arbitration Rules.
12.3 Modification
Company may modify the terms of this Agreement at any time by posting the revised terms on our website. Continued participation in the Program constitutes acceptance of the changes.
12.4 Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the Referral Program.
APPENDIX TAX DISCLOSURES
WARNING ABOUT POTENTIAL TAX CONSEQUENCES
Seller ("you") should seek advice from a registered tax preparer or competent tax advisor about your tax obligations for any payments that you are entitled to receive under the Settlement. However, the Court overseeing the Settlement has directed us to provide the following disclosure:
THE TAX CONSEQUENCES OF ANY AGREEMENT YOU SIGN REGARDING YOUR CLAIM MAY VARY DEPENDING ON THE SPECIFIC TERMS OF THAT AGREEMENT. WITH CERTAIN TRANSACTION STRUCTURES, YOU MAY BE REQUIRED TO PAY INCOME TAXES ON THE FULL AMOUNT OF THE PAYMENTS THAT YOU ARE ENTITLED TO UNDER THE SETTLEMENT (EVEN IF THE RESULTING TAX LIABILITY EXCEEDS THE AMOUNT YOU RECEIVED UNDER THE AGREEMENT).
A TRANSACTION STRUCTURED AS AN OUTRIGHT OR "TRUE" SALE MAY REMOVE FUTURE SETTLEMENT PAYMENTS FROM YOUR GROSS INCOME FOR FEDERAL AND STATE INCOME TAX PURPOSES, IN WHICH CASE YOU WOULD INSTEAD LIKELY PAY TAX ON THE PURCHASE PRICE YOU RECEIVE. AS A RESULT OF A SALE, YOU WOULD ALSO BE FORFEITING ANY AND ALL RIGHTS TO RECEIVE ADDITIONAL INCOME OR FUTURE PAYMENTS UNDER THE FOURTH AMENDED STIPULATION AND SETTLEMENT AGREEMENT, IN RE: COLLEGE ATHLETE NIL LITIGATION, NO. 4:20-CV-03919 (THE "SETTLEMENT AGREEMENT"). YOU SHOULD CONSULT WITH A COMPETENT TAX ADVISOR REGARDING THE SPECIFIC TAX CONSEQUENCES OF YOUR PARTICULAR AGREEMENT BEFORE SIGNING THE AGREEMENT.
Additional information, including information about the potential tax consequences of selling your right to receive settlement payments, may be found on the Settlement website at: https://www.collegeathletecompensation.com/frequently-asked-questions.aspx.