AFFILIATE PARTNER AGREEMENT
Last Updated: October 1, 2022
THIS AFFILIATE PARTNER AGREEMENT (“Agreement”) is made by and between Eventpasshero LLC, a Delaware corporation, with a principal place of business at 136 Forum Dr Ste 4 PMB 2010, Columbia, SC 29229 (“Company,” “Eventpasshero,” “We,” “Us,” or “Our”), and you, a person, organization or other entity (“You,” “Your, ” “Affiliate,” or “Referrer”). This Agreement sets forth the terms and conditions under which you, the “Affiliate,” may participate in the Eventpasshero Affiliate Program (the “Program”). By completing the Program’s registration process and accepting this Agreement, you acknowledge that you have read and agree to be bound by all of the terms and conditions of this Agreement. The parties, intending to be legally bound, hereby agree as follows:
BY PARTICIPATING IN THE PROGRAM, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THE TERMS OF SERVICE (“TOS”) AND THE PRIVACY POLICY, EACH HEREBY INCORPORATED BY REFERENCE, AND EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, WE WILL PROMPTLY CANCEL THIS TRANSACTION AND YOU WILL BE UNABLE TO ACCESS THE EVENTPASSHERO.COM WEBSITE AND THE SERVICES THAT IT OFFERS. WE RESERVE THE RIGHT TO DECLINE YOUR REQUEST FOR SERVICES FOR ANY REASON AND WITHOUT NOTICE.
Definitions: For the purposes of this Agreement, the following terms shall have the following meanings:
“Program” means the Eventpasshero Affiliate Program, which allows Affiliates to earn commissions by promoting Eventpasshero products and services.
“Affiliate” means you, the participant in the Program.
“Eventpasshero” means Eventpasshero LLC, a Delaware corporation
“Products” means any products or services offered by Eventpasshero.
Eligibility: The Program is open to individuals who are at least 18 years old and have a valid email address. Eventpasshero reserves the right to determine the eligibility of any Affiliate at any time.
Enrollment: To enroll in the Program, you must complete the Eventpasshero Site registration process by providing Eventpasshero with accurate and complete information, including your name, email address, and website. You must also complete the Stripe (payment processing) onboarding process. You will be assigned a unique referral link that you can use to promote Eventpasshero products and services.
Commission: As an Affiliate, you will earn a commission on the sale of Eventpasshero products and services that are transacted through your referral link. The commission rate will be determined by Eventpasshero and may vary depending on the specific product or service being sold. Commissions will be paid directly to your Stripe account at the time that funds are settled for the ticket purchase.
Confidentiality: You acknowledge that the terms and conditions of this Agreement and all Program materials that are provided to you are confidential and proprietary. You agree not to disclose any of this information to third parties or use it for any purpose other than as set forth in this Agreement. You also agree to keep all Program materials confidential and to use reasonable efforts to protect the confidentiality of these materials.
Links: As an Affiliate, you will be provided with a unique referral link that you can use to promote Eventpasshero products and services. You may use this link on your website, social media accounts, or any other marketing channels that you choose. You may not use spam or any other unsolicited marketing methods to promote Eventpasshero products and services.
Representations and Warranties: You represent and warrant that you have the right and authority to enter into this Agreement and to perform your obligations under this Agreement. You also represent and warrant that your participation in the Program will not violate any laws or regulations.
Disclaimer of Warranties: Eventpasshero makes no representations or warranties of any kind, express or implied, with respect to the Program or any Eventpasshero products or services. Eventpasshero will not be liable for any damages of any kind arising from your participation in the Program or from the use of Eventpasshero products or services.
Limitation of Liability: Under no circumstances will Eventpasshero be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with this Agreement or the Program, even if Eventpasshero has been advised of the possibility of such damages.
Indemnification: You agree to indemnify and hold Eventpasshero and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your participation in the Program, your use of Eventpasshero products or services, or your violation of this Agreement.
Termination: Eventpasshero may terminate this Agreement at any time, with or without cause, by providing you with written notice. You may terminate this Agreement at any time by providing Eventpasshero with written notice. Upon termination, you will no longer be eligible to earn commissions and you must remove all links to Eventpasshero products and services from your website and other marketing channels.
Modification: Eventpasshero reserves the right to modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Eventpasshero website. Modifications may include, but are not limited to, changes in the scope of available commissions, commission schedules, payment procedures, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following the posting of a change notice or new agreement on the Eventpasshero website will constitute binding acceptance of the change.
Waiver: The failure of Eventpasshero to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Assignment: This Agreement and your rights and obligations hereunder may not be transferred or assigned by you, but may be assigned by Eventpasshero without restriction. Any assignment attempted to be made in violation of this Agreement will be void.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.
Headings: The section headings in this Agreement are for convenience only and have no legal or contractual effect.
Force Majeure: Eventpasshero will not be liable for any failure to perform its obligations under this Agreement due to unforeseen circumstances or causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, and natural disasters.
Governing Law: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any principles of conflicts of law.
No Agency: You are not an agent, employee, or representative of Eventpasshero, and you do not have the authority to bind Eventpasshero to any obligation. You will not hold yourself out as an agent, employee, or representative of Eventpasshero, and you will not make any representations or warranties on behalf of Eventpasshero.
Entire Agreement: This Agreement constitutes the entire agreement between you and Eventpasshero with respect to the Program and supersedes all prior or contemporaneous communications and proposals, whether oral or written. This Agreement may not be amended or modified except in writing signed by both parties.
Survival: The following provisions of this Agreement shall survive the expiration or termination of this Agreement: Confidentiality, Links, Representations and Warranties, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination, Modification, Waiver, Assignment, Severability, Governing Law, No Agency, and Survival.
By clicking “I Agree” or by participating in the Program, you acknowledge that you have read and understand this Agreement and agree to be bound by all of its terms and conditions. If you do not agree to the terms and conditions of this Agreement, you may not participate in the Program.
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