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FanCash QR Access Tool — Terms of Use

Effective Upon Use • Fanatics Fest 2026

By clicking “I Accept,” or using the FanCash Tool (as defined below) you (“Vendor”) agree to these Terms of Use (“Terms”) with Fanatics, LLC (“Fanatics”). These Terms govern Vendor’s access to and use of the FanCash QR scanning feature (“FanCash Tool”) made available through Fanatics Business Tools, which is intended to enable Vendors to accept FanCash as a tender at Vendor’s booth at Fanatics Fest 2026 (the “Event”). “Fan” means any individual consumer who holds a valid Fanatics One membership account and presents a QR code at Vendor’s booth to redeem FanCash. By accepting, Vendor represents that it has authority to bind the entity using the FanCash Tool.

1. No Obligation; As-Is Tool

The FanCash Tool is offered as a courtesy to participating vendors at Fanatics’ sole discretion. Fanatics makes no representations or warranties of any kind regarding the FanCash Tool, including its availability, functionality, uptime, or fitness for any purpose. The FanCash Tool is provided strictly “as-is.” Fanatics may modify, suspend, or discontinue the FanCash Tool at any time, for any reason, without notice or liability to Vendor. Fanatics does not guarantee that any particular transaction will be processed successfully, and Vendor’s sole recourse in the event of any system failure or unavailability is to process the transaction by other means, including cash or card.

2. Vendor Obligations

If Vendor elects to use the FanCash Tool, Vendor agrees to:

  • Accept FanCash as a tender toward the merchandise subtotal (excluding taxes, tips, fees, and any other amounts not constituting the direct price of goods or services) of qualifying purchases when the system is operational;
  • Accept split-tender transactions where FanCash covers part of a purchase and another payment method covers the remainder;
  • Use the FanCash Tool only as directed by Fanatics and only during the Event, and cease all use immediately upon the Event’s conclusion or upon any revocation of access by Fanatics;
  • Not scan any Fan QR code more than once per transaction, and not attempt to process duplicate or unauthorized transactions;
  • Not issue, award, or generate FanCash balances through any means other than the Fanatics platform;
  • Safeguard all Fanatics Business Tools login credentials and scanning devices assigned to Vendor, and notify Fanatics promptly of any known or suspected unauthorized access;
  • Not collect, store, use, or share any Fan personally identifiable information obtained in connection with a FanCash transaction, including any data derived from a Fan’s QR code, and not attempt to derive Fan identity from any token or transaction data; and
  • Not use the FanCash or Fanatics name, logo, or marks in any signage, marketing, or promotional materials without Fanatics’ prior written approval in each instance.

3. Refunds and Reversals

If a Fan returns merchandise or cancels a service for which FanCash was applied as full or partial tender, Vendor must notify Fanatics within two (2) business days of the return or cancellation. Fanatics will determine, in its sole discretion, whether and how to process any FanCash reversal to the Fan’s account. Vendor shall not issue FanCash credits or refunds directly under any circumstances. Any cash or card component of a refund is Vendor’s sole responsibility and shall be handled through Vendor’s own refund processes. Fanatics has no liability to Vendor or any Fan in connection with any refund or reversal determination.

4. Indemnification

Vendor shall indemnify, defend, and hold harmless Fanatics and its affiliates, officers, directors, employees, and agents (collectively, “Fanatics Parties”) from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Vendor’s breach of these Terms; (b) Vendor’s negligence or willful misconduct; (c) any product liability claim or consumer complaint arising from goods or services sold by Vendor at the Event; or (d) Vendor’s violation of any applicable law or regulation. This indemnification obligation survives the termination or expiration of these Terms.

5. Disclaimers and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE FANCASH TOOL IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FANATICS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FANATICS SHALL HAVE NO LIABILITY TO VENDOR OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE FANCASH TOOL, INCLUDING ANY FAILURE OF THE SYSTEM TO FUNCTION, ANY INTERRUPTED OR FAILED TRANSACTION, UNAVAILABILITY OF ANY FALLBACK METHOD, OR ANY LOSS OF REVENUE RESULTING FROM VENDOR’S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROGRAM. IN NO EVENT SHALL FANATICS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FANATICS DOES NOT WARRANT THAT ANY FALLBACK TRANSACTION METHOD WILL BE AVAILABLE IF THE PRIMARY QR SCANNING FLOW FAILS.

6. Intellectual Property

Fanatics retains all right, title, and interest in and to the FanCash Tool, Fanatics Business Tools, the FanApp, the FanCash program, and all associated technology, software, data, trademarks, and intellectual property (collectively, “Fanatics IP”). These Terms grant Vendor only a limited, non-exclusive, non-transferable, revocable right to use the FanCash Tool solely to process authorized FanCash transactions at the Event. No other license or right in or to any Fanatics IP is granted or implied. All transaction data generated through the FanCash Tool is and remains the sole property of Fanatics.

7. Settlement

Fanatics will use reasonable efforts to settle accepted FanCash transactions with Vendor following the Event on a 1:1 basis (USD .00 per .00 of FanCash accepted), based on Fanatics’ transaction records, which shall be conclusive. Fanatics makes no guarantee as to the timing or availability of settlement funds. Vendor is responsible for maintaining accurate ACH banking information in its Fanatics Business Tools account; Fanatics is not liable for misdirected payments resulting from incorrect account information.

8. Termination

Fanatics may revoke Vendor’s access to the FanCash Tool at any time, for any reason, without notice or liability. Upon revocation, Vendor must immediately cease use of the FanCash Tool and any associated credentials or scanning devices. Vendor’s indemnification obligations and any accrued settlement obligations survive termination.

9. Loaned Devices

Where Fanatics provides Vendor with a scanning device (each, a “Loaned Device”) to facilitate use of the FanCash Tool at the Event, Vendor accepts full responsibility for the care, custody, and control of each Loaned Device from the time of receipt until return. Vendor shall: (a) use each Loaned Device solely to process authorized FanCash transactions at the Event and for no other purpose; (b) not modify, tamper with, root, jailbreak, or otherwise alter the hardware, operating system, or any software installed on any Loaned Device; (c) restrict access to Loaned Devices to Vendor’s authorized personnel only and keep each device secured when not in active use; (d) promptly notify Fanatics of any lost, stolen, or damaged Loaned Device; and (e) return each Loaned Device to Fanatics in the same condition as received, reasonable wear and tear excepted, no later than the time specified by Fanatics at the conclusion of the Event.

Vendor is liable to Fanatics for the full replacement cost of any Loaned Device that is lost, stolen, damaged beyond reasonable wear and tear, or not returned by the required deadline. Fanatics may, in its sole discretion, offset any such cost against settlement amounts otherwise owed to Vendor. Vendor’s obligations under this Section survive the termination or expiration of these Terms.

10. General

These Terms are governed by the laws of the State of Delaware without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Delaware, and Vendor consents to personal jurisdiction therein. Fanatics’ failure to enforce any provision is not a waiver of its right to do so in the future. Fanatics may update these Terms at any time by posting revised terms; continued use of the FanCash Tool constitutes acceptance of any updated Terms. If any provision is held unenforceable, the remaining provisions continue in effect. Vendor may not assign any rights under these Terms without Fanatics’ prior written consent. The parties are independent contractors; nothing herein creates an employment, partnership, or agency relationship. Vendor’s electronic acceptance of these Terms constitutes a legally binding agreement under applicable electronic signature law, including E-SIGN.