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Retailer & Organizer Terms and Conditions

Exodus TCG Organized Play Terms and Conditions

Last Updated: November 1, 2017

Existence Games is all about bringing people together through their love of gaming and the face-to-face social experience that comes with it. Exodus TCG Organized Play was created as a promotional program in an effort to further that cause and to foster dedicated communities around the game. There is no fee to join or participate in the Exodus TCG Organized Play program, but it does require your active engagement and your agreement to the following Organized Play Terms and Conditions (“OP Terms”). By joining the OP, you acknowledge that, as a purely promotional program, the OP does not create a franchise or agency relationship. Nothing in these OP Terms preclude you from selling Existence Games’ products or running unsanctioned Exodus The Trading Card Game events.

The OP Terms govern your participation in the OP as a Retail Store or Event Organizer (defined below) (referred to herein as an “OP Member”).

By visiting this website and/or participating in the Organized Play and becoming an OP Member, you acknowledge and agree that you have read, understood and agree to be bound by the OP Terms including, but not limited to, the following terms, conditions and policies which are incorporated by reference:

Exodus Organized Play Code of Conduct
Exodus Organized Play Privacy Policy
Organized Play Terms of Use

It is your responsibility to ensure that you are in compliance with the OP Terms. Existence Games may revise, update or modify these OP Terms, with or without warning, and in its sole discretion. We recommend that you review these OP Terms from time to time. Your continued participation in Organized Play following the posting of any such changes will constitute your acceptance to those changes.

Do not participate in Organized Play if you do not agree with any portion of these OP Terms. You may cancel your membership in Organized Play (“OP Membership”) at any time by following the procedures set forth in Section 9.

Table of Contents

Registration
OP License
OP Member Obligations
Compliance with Laws
Government Officials
Event Scheduling, Administration and Reporting
Promotions and Marketing
Privacy and Publicity
Cancelling Your OP Membership
Termination
Other Remedies
Representations and Warranties
Disclaimer
Limitation of Liability
Indemnification
Privacy Notice
General

Registration. To apply for membership in Organized Play, you must complete the application process here and provide any additional information reasonably requested by Existence Games. You must be of legal adult age in the country or territory where your Retail Store is located (“Territory”). All information you submit to Existence Games must be correct and accurate. During your participation in Organized Play, you are solely responsible for ensuring your OP Membership information is accurate and current. Inaccurate information may result in the termination of your OP Membership. Existence Games reserves the right to accept or reject your application for any reason in its sole discretion.

OP License. Subject to acceptance into Organized Play and your compliance with the OP Terms, Existence Games grants you a limited, revocable, non-assignable, personal, non-sublicensable and non-exclusive right and license to: (a) schedule and report Exodus-sanctioned Organized Play events including tournaments (individually an “Event” and collectively “Events”) using Existence Games’ proprietary online scheduling and reporting tools found on www.exodus-players.com; (b) display the OP logo in your store and on your website to signify that you are an OP Member; (c) access, reproduce and display OP marketing materials (including applicable trademarks and artwork) in connection with advertising your Events and Exodus products and Retail Store décor; and (d) identify yourself as an OP Member (collectively, “Licensed Property”).

(a) Prohibitions. You will not: (i) harm, prejudice, impair or misuse the Licensed Property, Existence Games, which includes, but is not limited to, associating the foregoing with obscene, sexually explicit, graphically violent or other inappropriate content as determined by Existence Games at its sole discretion; (ii) engage in any activity with respect to any product or service bearing any artwork, other representation, name or trademark that has the potential to confuse or that disparages the Licensed Property; or (iii) permit any unauthorized use of the Licensed Property.

(b) Goodwill. You acknowledge the great value of the goodwill associated with the Licensed Property. All goodwill arising from your use of the Licensed Property automatically inures to the benefit of Existence Games, and that the Licensed Property has a secondary meaning in the mind of the public.

(c) Existence Games’ Ownership. You hereby acknowledge and agree that all right, title and interest in and to all Licensed Property, patents, copyrights, trademarks, databases and any other intellectual property provided to you as an OP Member, whether registered or unregistered, are owned exclusively by Existence Games. You agree to not impair, hinder, encumber or otherwise damage or challenge Existence Games’ ownership rights.

(d) No Transfer. You covenant and agree that these OP Terms will be deemed a non-exclusive limited license, not a transfer, of Existence Games rights in the Licensed Property, and that you will have no interest in or claim to the Licensed Property or to any of the intellectual property rights associated therewith, except to the limited extent of the limited license granted herein.

OP Member Obligations. As an OP Member, you will comply with, and be responsible for, the following:

(a) Professional Conduct. You will manage Events and, as applicable, your Retail Store in a professional and diligent manner that enhances the reputation and goodwill attached to Exodus and the Licensed Property.

(b) Responsibility for Staff. You agree that all people and companies you employ, utilize or otherwise recruit to work in your Retail Store or to assist with conducting Events (collectively "Staff") will comply with these OP Terms and all applicable laws, ordinances, regulations and other governmental requirements. You likewise agree to comply with all federal, state, and local laws related to any employment relationship that may exist between you and your Staff consistent with Section 4. You further agree that nothing in these OP Terms creates an employment relationship between Existence Games and your Staff. You remain solely liable for all Staff activity under your OP Membership.

(c) Illegal Conduct. You will take all reasonable measures to prevent illegal or otherwise inappropriate conduct in or associated with your Retail Store or at Events.

(d) Events. You may not schedule, run or report fraudulent Events. Your Events must be conducted by you, your Staff, or an appointed Event Organizer.

(e) Event Locations. All Events must occur at your Retail Store or at preapproved all-ages publically-accessible venues that are clean, safe, adequately lit, reasonably climate controlled and in compliance with all relevant accessibility, safety, fire, building, and health codes, and local regulations. Existence Games reserves the right to reject any location in its sole discretion. Unless otherwise agreed to by Existence Games, you may not run an Event in another Retail Store.

(f) Use of Marketing Material. You will use Exodus marketing materials provided by Existence Games or its authorized distributors solely in connection with the Events, Exodus products and Retail Store décor only as intended. All advertisements and promotions for your Retail Store or Events must be clear, truthful and comply with the laws relevant to your location or your Territory.

(g) Retail Store. A Retail Store is a legitimate physical retail store with any and all authorizations and/or licenses required by the local law and/or administrative resolutions, for the regular operation of a commercial establishment in the Territory that is regularly and consistently open to the public for business multiple days of the week and sells sealed Exodus TCG product on-site to consumers. A Retail Store must have permanently affixed signage, a dedicated store phone line, internet service, a valid email address, reasonably comfortable seating, nearby restrooms and an accepting and appropriate atmosphere for patrons of any age. As an OP Member, you will ensure your Retail Store is clean, safe, adequately lit, reasonably climate controlled, and in compliance with all relevant safety, fire, building and health codes, and local regulations.

(h) Code of Conduct. You will refrain from violating the OP Code Conduct.

(i) Infringing Products. You will not permit products infringing Existence Games’ intellectual property rights to be sold or traded in your Retail Store or at your Event, and you will notify Existence Games immediately if you know or suspect the sale or trade of such infringing products in your Retail Store or at your Event.

(j) Replacement Cards. Retail Stores may only allow “replacement” cards in your Events in the scenario of a card being marked or damaged. A replacement card is a card issued by an Event Organizer to replace a card that has become damaged during the course of play in such Event and may only be used for the duration of that Event, unless the Event Organizer allows the player to keep the replacement card.

(k) Counterfeit Cards. Counterfeit cards are unauthorized reproductions of authentic Exodus cards. Counterfeit cards are strictly prohibited by Existence Games. OP Members who knowingly manufacture, import, use or distribute counterfeit cards (or facilitate the same by a third party) will have their OP Membership immediately terminated. Existence Games reserves all rights in law and at equity to prosecute individuals engaged in the manufacture, importation or distribution of counterfeit cards.

(l) Playtest Cards. A playtest card is most commonly a basic resource with the name of a different card written on it with a marker, pen, or pencil. Playtest cards are not reproductions of authentic Exodus products and are created by players for personal and non-commercial use to test deck concepts. The use of playtest cards is allowed within Retail Stores only for non-commercial use in unsanctioned events. Playtest cards are strictly prohibited from use in events that are submitted for Ranking purposes.

(m) Grey Market Products. As a member of Organized Play, you agree not to sell or permit grey market products to be sold or traded in your Retail Store or at your Event, and you agree not to engage in grey market activity using Exodus TCG product. “Grey Market Products” mean products that infringe Existence Games’ intellectual property rights. You will notify Existence Games immediately if you know or suspect the sale or trade of Grey Market Products in your Retail Store or at your Events.

(n) Login Credentials. You will not disclose to anyone or permit another person other than your appointed Staff or Event Organizer to use your login credentials, and you will notify Existence Games immediately if you know or suspect any unauthorized use of your login credentials. You will be fully responsible and liable for all activities conducted through your login credentials.

(o) Inactivity. Your OP Membership will be terminated if you fail to schedule an Event for a period of ninety (90) consecutive days.

(p) Investigations. As an OP Member, you expressly acknowledge and agree that your participation is subject to review by Existence Games. You agree to cooperate in any Existence Games’ investigation of actual or alleged violations of the OP Terms, the OP Code of Conduct, or other applicable Exodus policy.

(q) On Sale Dates. You will not offer any Exodus TCG products to consumers prior to such products’ first on-sale date as published by Existence Games.

Compliance with Laws. As an OP Member, you agree to comply with all applicable laws, ordinances, regulations and other governmental requirements applicable to you, your Retail Store, your Staff, appointed Event Organizer and your Events including, but not limited to, marketing and promotion, employment, workers compensation coverage, tax, wage and hour, labor, data and privacy, consumer rights protection, discrimination, and accessibility. You will pay all required taxes and secure all necessary permits, approvals, and licenses from any governmental authorities necessary to conduct your Events.
Government Officials. You agree that in connection with your OP Membership, you will not, directly or indirectly:

(a) offer, pay, promise to pay, or authorize the payment of any money, gift or other thing of value to any person who is an official, agent, employee, or representative of any government or to any candidate for political or political party office, or to any other person while knowing or having reason to believe that all or any portion of such money, gift or thing of value will be offered, given, or promised, directly or indirectly, to any of the foregoing;

(b) promise or give any person working for, or engaged by, Existence Games, a financial or other advantage to (i) induce that person to perform improperly a relevant function or activity; or (ii) reward that person for improper performance of a relevant function or activity; or

(c) request, agree to receive, or accept any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with your OP Membership.

Event Scheduling, Administration and Reporting. Existence Games-sanctioned organized play events can be organized by Retail Stores. As an OP Member, you accept full responsibility for the scheduling, marketing, operation, reporting, and management of your Events including, but not limited to, all costs associated therewith. You will utilize the reporting system on www.exodus-players.com as directed by Existence Games for the purposes of scheduling, registration, pairing matches, reporting conduct and reporting Events and for ordering Event and promotional support material. You expressly agree that:

(a) Scheduling Events. You will schedule any proposed Event according to the guidelines set forth in the applicable Event solicitation. All information you provided in the scheduling must be true, complete, and accurate. Existence Games reserves the right to reject any Event for any reason in its sole discretion.

(b) Administering Events. You will at all times comply with all requirements applicable to the scheduled Event. Different requirements may apply depending on the type of Event including, but not limited to, product type, date restrictions, and play format. You will ensure that Events comply with these OP Terms, OP Code of Conduct, and all other Existence Games terms, codes of conduct, official organized play and tournament rules and procedures set forth by Existence Games.

(c) Reporting Events. Within ninety-six (96) hours following an Event, Event results must be provided to Existence Games through the reporting system on www.exodus-players.com. You will report all significant incidents that violate these OP Terms, the OP Code of Conduct, and all official organized play and tournament rules on the submission form or through the support email: support@exodus-players.com.

(d) Player Data. The reporting system on www.exodus-players.com may only be used for scheduling, registration, reporting conduct and reporting Events. For this limited purpose, you will have limited access to player data necessary to facilitate Events including first name, last name and country/territory of origin. Your access to and use of this information is for the sole purpose of processing player data. By using the system or such other applications, you expressly agree that you are a data processor for the sole purpose of facilitating Events. You expressly acknowledge and agree that you will not access or use player data for any other purpose than facilitating Events and that you will not copy, transfer, sell, share, post, transmit or otherwise disclose any player information to any third party.

Promotions and Marketing. You are solely responsible for promoting and marketing Events. You acknowledge and agree that Existence Games is not a sponsor of your Events and that you will take no action to imply or indicate any such sponsorship. You are responsible for ensuring that any and all of your promotional materials and activities comply with applicable local, state, federal and country laws, rules and regulations. Existence Games will use good faith efforts to include scheduled Events in its announcements and social media pages, provided that Existence Games may choose for any reason in its sole discretion not to include your Events on its website and will have no liability to you for any failure to include such Events on the website.

Privacy and Publicity.

(a) Publicity Rights. You grant Existence Game the right to use your name, likeness, voice, image, business name, Retail Store logos, images and business information, as well as any photographs and audiovisual recordings of your Events, for its advertising, promotional, commercial, or educational materials. You hereby waive any right to additional consideration or compensation with respect to any such use. This authorization is granted worldwide, non-exclusively and during your participating in Organized Play. If you revoke the authorization stated herein, Existence Games will be allowed to terminate your OP Membership.

(b) Sharing Your Information. You understand and agree that by signing up and scheduling Events, your name, phone number, email address, physical address and Retail Store (if applicable) business information may be shared with consumers and other third parties for the purposes of marketing and promoting your Events and facilitating market research about Organized Play, Exodus TCG products and organized play events.

(c) Accepting Communications. While you are an OP Member, you agree to accept all forms of communication from Existence Games regarding Organized Play, your OP Membership, and Existence Games’ products or services. If you opt out of any form of communication from Existence Games, Existence Games will be allowed to terminate your OP Membership.

Cancelling Your OP Membership. You have the right to cancel your OP Membership at any time by contacting Existence Games at support@exodus-players.com

Termination. Existence Games may terminate your OP Membership at any time, with or without a reason: (a) upon ninety (90) days prior written notice (email sent to your OP account email address sufficient for this purpose); or (b) immediately with written notice (email sent to your OP account email address sufficient for this purpose) upon the occurrence of any of the following: (i) you, at Existence Games’ sole discretion, violate these OP Terms, the OP Code of Conduct or Existence Game’s other published policies or procedures; or (ii) You engage in conduct that damages, harms or disparages Existence Games’ brands or its products. Existence Games expressly agrees to waive and set aside its respective rights and obligations under any applicable law in the event of any termination of your OP Membership to the extent that such law requires any judicial pronouncement for the termination.

Other Remedies. In the event any of Section 10(a) though (b)(ii) occurs, Existence Games may, at any time, in its sole discretion and without notice or any liability to you exercise any of the below remedies: (a) cancel or modify any of your scheduled Events; (b) decline to sanction your future Events or locations; or (c) temporarily suspend your OP Membership.

Existence Games may communicate its actions (but not the reason for taking such actions) to third parties and consumers. You understand and acknowledge that your OP Membership has no monetary value to you and that you have no interest, monetary or otherwise, in any feature, content, or program of Organized Play. You expressly acknowledge and agree that Existence Games has no liability to you for terminating your OP Membership or ending, modifying, changing, or terminating portions of or the entire Organized Play.

All remedies set forth in this Section 11 are available to Existence Games in addition to, and not in lieu of, its rights of termination and any other available remedies at law or in equity.

Representations and Warranties. You represent and warrant to Existence Games that: (a) you have the power and authority to enter into this agreement, accept these OP Terms and that all information you provide to Existence Games is true, complete and accurate; (b) you will comply with all applicable laws and regulations governing your Staff, Retail Store, appointed Event Organizer, and Events including, but not limited to, securing necessary permits, approvals and licenses from third parties to conduct Events; (c) notwithstanding anything in these OP Terms, you will be, and will remain, responsible for all obligations and liabilities associated with your Staff, your store, appointed Event Organizer, and Events; and (d) you will at all times remain responsible for the financial viability of, and risk management in respect of, your Staff, your store, appointed Event Organizer and Events.

Disclaimer. ORGANIZED PLAY, ITS PROGRAMS, OFFERINGS, PROMOTIONS, TRADEMARKS, LOGOS, AND THE LICENSED PROPERTY ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability. NEITHER EXISTENCE GAMES, NOR ITS LICENSORS OR RELATED ENTITIES WILL BE LIABLE IN ANY WAY TO YOU OR A THIRD PARTY FOR ANY ANTICIPATED OR LOST PROFITS, REVENUE, DATA, CONTENT, HARDWARE, SOFTWARE, INJURY, INFORMATION OR SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, STRICT PRODUCT LIABILITY AND NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION AS AN OP MEMBER, OR IN ANY OTHER EXODUS TCG PROGRAM INCLUDING, BUT NOT LIMITED TO, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF EXISTENCE GAMES, AND EACH OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE TOTAL AGGREGATE LIABILITY OF EXISTENCE GAMES, ITS LICENSORS AND SUPPLIERS, AND EACH OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO YOU OR ANY THIRD PARTY IS LIMITED TO $100.00 (USD). YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, BUT NOT LIMITED TO, INJUNCTIVE RELIEF AGAINST EXISTENCE GAMES, ITS LICENSORS AND SUPPLIERS, AND EACH OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING WILL NOT PRECLUDE EXISTENCE GAMES FROM SEEKING ANY INJUNCTIVE RELIEF. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY; AS SUCH THEY MAY NOT APPLY TO YOU IN PART OF IN THEIR ENTIRETY.

Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD EXISTENCE GAMES, ITS SUBSIDIARIES, AFFILIATES, CURRENT AND PAST OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY CLAIM, ACTION, SUIT, DEMAND, OR DAMAGES INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, ASSERTED BY ANY THIRD PARTY OR STAFF ARISING IN CONNECTION WITH YOUR PARTICIPATION AS AN OP MEMBER, OR IN ANY OTHER EXODUS TCG PROGRAM INCLUDING, BUT NOT LIMITED TO, FRAUD, WAGE OR EMPLOYMENT CLAIMS, NEGLIGENCE, INJURY OR DEATH, OR RIGHT OF PUBLICITY. YOU WILL COOPERATE AS FULLY AS RESONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. EXISTENCE GAMES RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO IDEMNIFICATION BY YOU AND YOU WILL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF EXISTENE GAMES.

Privacy Notice. In addition to the disclosures contained in these OP Terms, please refer to our OP Privacy Policy for information on how Existence Games collects, stores, uses and discloses your information.

General.

(a) Language; Interpretation. These OP Terms and all related documents will be interpreted in English. The headings of sections or paragraphs are for convenience only and not intended to restrict or affect interpretation.

(b) Equitable Remedies. You agree that Existence Games would be irreparably damaged if these OP Terms were not specifically enforced. Therefore, you agree that Existence Games will, in addition to any other remedy it may have under these OP Terms, at law or in equity, be entitled without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these OP Terms.

(c) Severability; No Waiver. If any provision of these OP Terms is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision will be deemed severable from these and will not affect the validity and enforceability of any remaining provisions. The failure to enforce any of the provisions of these OP Terms, or to exercise any rights or remedies under these OP Terms, will not be construed as a waiver of Existence Games’ right to assert or rely upon any such provisions, rights, or remedies in that or any other future instance.

(d) Modification. These OP Terms may be amended, altered or modified at any time and for any reason by Existence Game in its sole discretion with no prior notice. If any future changes to these OP Terms are unacceptable to you or cause you to no longer be in compliance with these OP Terms, please cancel your OP Membership. Your continued participation in Organized Play means you accept any and all such changes.

(e) No Assignment. These OP Terms and the rights granted herein are personal to you, and may not be assigned, even where you transfer or lease your business or a branch of your business. Existence Game may transfer or assign these OP Terms, in whole or in part, to third parties of its choosing.

(f) Force Majeure. Existence Games will not be liable for any delay or failure to perform resulting from causes outside our reasonable control including, but not limited to, any failure to perform hereunder due to unforeseen circumstances or causes such as acts of God, war, terror, natural disasters, acts of civil or military authorities, Eeventide phenomena, Shardveil uprisings, Dragon onslaught, dimensional rifts, portal convergence, accidents, guild wars, strikes, riots, or for shortages of transportation, fuel, Symmetry cards, energy, labor or materials.

(g) Governing Law; Venue and Jurisdiction; Time Limit to Bring Claims. These OP Terms and your participation in Organized Play will be governed by laws of the State of California, United States, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You consent to the exclusive jurisdiction and venue of the U.S. District Court of the Central District of California for any claims arising out of or relating to these OP Terms and your participation in Organized Play. In no event will any claim, action or proceeding by you related to or arising from these OP Terms or your participation in Organized Play or any other interaction you may have with Existence Games, be instituted more than one (1) year after the cause of action arose.

(h) Class Action Waiver. YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN COURT OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT, OR PROPOSE TO ACT, IN A REPRESENTATIVE CAPACITY. YOU AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, EXISTENCE GAMES, AND ALL PARTIES TO ANY SUCH PROCEEDING.

(i) Notices. All notices given by you or required under these OP Terms will be in writing and addressed to: Existence Games, ATTN: Retail Support, 498 West Kenosha Ave, Clovis, CA 93619

(559)-274-3290

I Agree

All accounts will be reviewed by staff members before they are accepted or rejected. You will get an email letting you know either way. You will not be able to login to your account until it is approved.