MEMBERSHIP AGREEMENT

MEMBERSHIP AGREEMENT made between Brand Affinity Marketing (BAM), a division of United Marketing Group, LLC, ("BAM") and the person(s) specified on the accompanying identification card (hereinafter called the "Member"), with respect to a service being provided by BAM called ESPN The Magazine Club (the "Club").

Description of Services: The Club will initially consist of the membership services described in the membership materials and website. The benefits of the Club are subject to change from time to time and without prior notice and are also subject to availability and applicable terms and conditions. Benefits are continuously updated on the Club website and Members can check to see the latest changes.
Membership and Use: BAM agrees to provide through the Club the services described above to Member during the term of this Agreement. Membership in the Club is not transferable. Member agrees that the services will be utilized only for his/her benefit and members of his/her immediate family residing in Member's household.
Membership Fee: The membership fee (the "Membership Fee") will be the amount shown on the welcome letter (the "Welcome Letter") that you received with your Membership kit. The Membership Fee will be charged automatically to Member's designated credit card, utility bill, mortgage bill or charge account (each a "Billing Device") for the initial membership term and each renewal membership term. The Membership Fee may be charged in installments, if the Welcome Letter so provides. BAM may change the Membership Fee for renewal membership terms from time to time on or about each anniversary of Member's enrollment. Member will be notified of the charge for the Membership Fee in his/her monthly Billing Device statement. In the event the Billing Device declines the Membership Fee due to insufficient available credit or funds, BAM may divide the total Membership Fee into incremental charges in order to process the total Membership Fee. Included in the paid Membership Fee is a 1-year subscription (26 issues) to ESPN The Magazine (valued at $19). The offer is valid for one person per household. Member will not receive any invoices. By accepting the terms of this offer Member agrees to allow his/her name, mailing address and email address to be forwarded to the publisher for the purpose of fulfilling the magazine subscription and other related promotions. Subscriptions will begin 4-6 weeks after the Billing Device is charged for the Membership Fee. If Member is currently a subscriber, he/she will receive an additional 26 issues to his/her subscription. If Member does not wish to receive ESPN The Magazine, he/she must mail the enclosed form within 30 days for a refund of $19.00 to: ESPN The Magazine Club, P.O. Box 39, Itasca, IL, 60143, including the Membership number.
Term: This Agreement will commence immediately and will continue for the term shown on the Welcome Letter, including any applicable trial period, unless this Agreement is renewed or terminated.
Renewal: UNLESS MEMBER NOTIFIES BAM OF HIS/HER INTENTION NOT TO RENEW THE MEMBERSHIP PRIOR TO RENEWAL BY WRITTEN OR VERBAL NOTICE TO THE CUSTOMER SERVICE DEPARTMENT, THE MEMBERSHIP AND THIS AGREEMENT WILL BE RENEWED AUTOMATICALLY, EFFECTIVE THE FIRST DAY FOLLOWING THE CONCLUSION OF THE THEN-CURRENT MEMBERSHIP TERM. MEMBER AUTHORIZES THE THEN-CURRENT MEMBERSHIP FEE FOR EACH RENEWAL MEMBERSHIP TERM TO BE CHARGED TO THE BILLING DEVICE TO WHICH MEMBER'S INITIAL MEMBERSHIP FEE WAS CHARGED OR TO THE CURRENT BILLING DEVICE WHICH IS ON FILE FOR MEMBER.
Termination: MEMBER MAY CANCEL HIS/HER MEMBERSHIP IN THE CLUB AT ANY TIME UPON WRITTEN OR VERBAL NOTICE TO THE CUSTOMER SERVICE DEPARTMENT. THE CANCELING MEMBER WILL RECEIVE THE REFUND, IF ANY, AS SHOWN ON THE WELCOME LETTER. BAM may terminate this Agreement and the membership in the Club at any time if the Member is refunded the same amount, if any, that the Member would have received had the Member cancelled his/her membership. The refund of the Membership Fee will be made by crediting the canceling Member's Billing Device to which Member's initial Membership Fee was charged or to the current Billing Device which is on file for Member. A terminated or canceling Member will not be entitled to use or receive any benefits or discounts of the Club after the termination or cancellation date.
Disclaimer of Warranties and Limitation of Liability: BAM is acting as an agent only for the purposes of securing the services described above and will not be deemed to be a merchant, vendor, retailer or supplier (each a "Supplier") of any product or service offered by the Club. BAM will have no liability to Member arising out of (i) the failure of any participating Supplier of any products and/or services to supply any such products and/or services on the terms offered, (ii) any delay in delivery of any products and/or services, regardless of the cause of such delay, or (iii) any defective or nonconforming products and/or services. If Member is not satisfied with any product or service purchased or obtained through the Club, Member agrees that his/her sole recourse will be against the Supplier. BAM MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY MEMBER THROUGH THE CLUB, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BAM WILL NOT, UNDER ANY CIRCUMSTANCE, BE LIABLE FOR SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ATTORNEYS' FEES OR COSTS. If for any reason any disclaimer is found to be defective or unenforceable, then the only recourse that Member will have against BAM is to cancel the membership and receive a refund as provided in paragraph 6 above. All of the Club's benefits, products and services are void where prohibited by law.
Taxes: All sales and use taxes, if any, due and payable on the membership in the Club or the products or services purchased through the Club will be paid by Member or the Supplier, as the case may be, and BAM will have no liability for such taxes.
Entire Agreement: This Agreement represents the entire understanding of the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written communications, representations or agreements. If any of the terms or provisions hereof is held to be invalid or unenforceable, the remaining terms and provisions hereof will not be affected thereby.
Notice: Member must notify BAM of any change to his/her address and/or Billing Device. The address and the toll-free phone number for the Customer Service Department are: 1-866-368-0727, email: info@espnclubonline.com, or write to us at: ESPN The Magazine Club, P.O. Box 39, Itasca, IL 60143.
Non-Assignability: Neither this Agreement nor any of the rights or obligations of Member may be assigned, in whole or in part, by Member without the prior written consent of BAM. This Agreement may be assigned in whole or in part in any manner by BAM at any time in its discretion.
Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its choice of law principles. Any dispute arising between Member and BAM will be submitted to binding arbitration in the State of Illinois administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. THE ONLY PARTIES TO SUCH ARBITRATION WILL BE MEMBER (INDIVIDUALLY AND NOT ON A REPRESENTATIVE OR CLASS BASIS) AND BAM, AND NO OTHER PARTY (INCLUDING OTHER MEMBERS) MAY BE JOINED IN SUCH ARBITRATION. As the only exception to arbitration, BAM and Member retain the right to pursue in a small claims court located in the State of Illinois any claim that is within the court's jurisdiction and which proceeds on an individual basis and not on a representative or class basis. Nothing herein will deprive Member of the benefits of any applicable consumer protection laws, except to the extent lawfully waived by the terms hereof. Payment of the Membership Fee or acceptance or use of any of the benefits or services of the Club will constitute Member's acceptance of all of the terms and conditions of this Agreement. Paragraphs 6, 7, 8 and 12 shall survive the termination, cancellation or expiration of this Agreement.

The Terms & Conditions was last revised in September 2009.