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This Ticket Liquidator Affiliate Program Agreement (“Agreement”) is between Ticket Liquidator, LLC and its parent TicketNetwork, Inc. hereinafter referred to as “Ticket Liquidator” and you as the applicant. As used in this Agreement, the applicant (whether an individual or an entity) will be referenced as “Affiliate,” “you,” or “your.” The term “site” applies to a World Wide Web site whether accessible to the public in general or some smaller group via an intranet.
This Agreement contains the complete terms and conditions that apply to your participation in the Ticket Liquidator Affiliate Program (the “Program”).
Your participation in the Program may also subject you to additional terms that are specific to the Third Party Affiliate Platform (defined below) you are joining. These additional terms will be referred to in this Agreement as Third Party Affiliate Platform Terms.
To begin the enrollment process, Affiliate must submit a completed Affiliate Application, with up-to-date and accurate contact information. Ticket Liquidator will evaluate Affiliate’s application in good faith and will notify Affiliate of Ticket Liquidator’s acceptance or rejection. Affiliate’s application may be rejected if Ticket Liquidator determines (in its sole discretion) that Affiliate’s site is unsuitable for the Program. Unsuitable websites include, but are not limited to, those that:
Once the Affiliate’s application has been approved by Ticket Liquidator, Affiliate agrees to provide Ticket Liquidator with additional and updated information as it pertains to this Agreement. Additional and updated information shall include, without limitation, contact information, a change in Affiliate site ownership, a change in URL address, or a change in Affiliate Website Type (as defined in the Third Party Affiliate Platform Terms. Subject to approval by Ticket Liquidator, Affiliate may employ additional URLs under this Agreement. If it is discovered that Affiliate has employed additional URLs without Ticket Liquidator’s prior approval, Affiliate may be subject to penalties, including but not limited to, account suspension or termination from the Ticket Liquidator Program.
Your affiliate platform (“Third Party Affiliate Platform”) will track all transactions made by customers who follow special links from Affiliate’s site to Ticket Liquidator’s site. Reports summarizing sales activities will be available through your Third Party Affiliate Platform.
To enable accurate tracking, reporting, and commission accrual, you must ensure that the special links between your site and the Ticket Liquidator site are properly formatted. When customers come to Ticket Liquidator’s site via Affiliate links, our web server sends a client-side text string (cookie) containing your unique affiliate code to their computers. Our system then uses those strings to identify your site at the point of purchase or sale.
Ticket Liquidator is responsible for all aspects of order processing. Along with providing customer service, Ticket Liquidator will handle all transaction logistics including payments, cancellations, and shipping. Ticket Liquidator reserves the right to cancel orders that do not comply with any requirements Ticket Liquidator establishes.
For a ticket transaction to qualify for a commission, the customer must do the following: follow a link (in the format available through the Third Party Affiliate Platform and specified by Ticket Liquidator) from Affiliate’s site to Ticket Liquidator’s; purchase tickets from Ticket Liquidator’s site; accept delivery of the tickets at the shipping destination; and remit full payment to the applicable merchant in the case of a purchase. These steps collectively shall be known as a valid sale. Ticket Liquidator follows the last click model, meaning the last affiliate link the customer visits before completing their purchase shall receive credit for the valid sale. Transactions made by existing Ticket Liquidator customers are subject to review. Purchases of gift cards, or their equivalent, due not qualify as a valid sale. Ticket Liquidator reserves the right to reject transactions that do not comply with these or other requirements that Ticket Liquidator periodically establishes. Affiliate site will be credited for every valid sale, including repeat purchases or sales that occur from your site within the action referral period stated in the Third Party Affiliate Platform Terms. Affiliate will not be paid for transactions that, for any reason, are not completed due to cancellations or chargebacks or that cannot be fulfilled for any other reason (“invalid sales”).
Ticket Liquidator prohibits Affiliate traffic generation methods which rely on software, toolbars, or BHO’s to initiate a forced click or automatic/stuffed cookie drop. Affiliate may not use spyware or parasitic software nor have or maintain a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of Ticket Liquidator and/or partner sites in Ticket Liquidator’s sole discretion). Ticket Liquidator encourages all Affiliates to report suspicions of such relationships.
Affiliate may only publish official Ticket Liquidator discount codes on Affiliate’s site that Ticket Liquidator may send as part of the Affiliate Program. Affiliate may not publish misleading or false information about TicketLiquidator.com discount codes or other Ticket Liquidator site discount codes or promotional offers. Affiliate may not publish discount codes that are not directly provided by Ticket Liquidator to Affiliate. Misleading information includes but is not limited to the following: posting a discount code with the wrong corresponding description of the discount, posting an expired discount code, and directing visitors to click a link to receive a discount automatically (i.e. “Click here for 10% off”). Affiliate is responsible for all content on Affiliate’s site including but not limited to third party posts, advertisements, and comments.
Affiliate may not “mask” or “redirect” any domain name/URL to TicketLiquidator.com, “frame” any portion of TicketLiquidator.com on its own site, copy and insert any portion of the content located at TicketLiquidator.com into any other website, or in any other way infringe upon our copyrighted material. You may not use such terms as “cheapest” or “lowest,” or any other superlatives suggesting unverified, unsubstantiated claims. False or misleading statements or advertisements about Ticket Liquidator shall not be used when referencing the Ticket Liquidator name, or bearing the Ticket Liquidator name, logo, or registered trademarks.
For all valid sales made by the customer during the action referral period , you will receive a variable commission rate. The commission structure can be found through your Third Party Affiliate Platform and is subject to change from time to time. Commissions shall be earned only on valid sales and only on the valid sale’s subtotal. The subtotal of a valid sale is the order total less shipping/delivery fees, service fees, and any promotional discounts. If a sale is rejected (because the customer's credit card declines or the tickets are no longer available), or is otherwise determined to be an invalid sale, you will not receive a commission. All sales are confirmed ten (10) days after the transaction date.
Affiliate will receive a monthly commission payment for all valid sales that have been confirmed during a given month. Payment to the Affiliate shall be processed according to the payment terms set forth in your applicable Third Party Affiliate Platform Terms. The monthly payment calendar is based on the confirmation date, not the date of the actual sale. More details regarding payments are available through your Third Party Affiliate Platform.
Customers who buy or sell tickets through this program will be deemed to be customers of Ticket Liquidator. Accordingly, all Ticket Liquidator rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply. We may change our policies and operating procedures at any time.
Ticket Liquidator grants Affiliate a limited, nonexclusive, revocable right to use graphic images, text, technology and content Ticket Liquidator provides to Affiliate and other text, images, technology and content for which Ticket Liquidator grant express permission, solely for the purpose of identifying Affiliate site as a Program participant and to assist in generating ticket transactions. Affiliate may not use any such images, text or content, or any tool or technology provided by Ticket Liquidator (including but not limited to data feeds, API, search-plug ins, or widgets) for any purpose outside of generating ticket transactions. Affiliate may not modify any of these graphic images, text, technology or content in any way. Ticket Liquidator reserves all intellectual property rights of Ticket Liquidator’s sites, including text, graphic images or any other images, trade names, trademarks, copyrights, patent rights or applications, or service marks. Affiliate agrees to follow Ticket Liquidator’s trademark guidelines and is aware that these may change.
Affiliate is solely responsible for the development, content, operation, and maintenance of your site. This responsibility includes:
Affiliates wishing to engage in email marketing as it pertains to this Agreement must obtain prior approval from Ticket Liquidator before employing this method. You may not use email marketing unless such marketing complies with all U.S. State and Federal SPAM laws, including by not limited to the provisions of the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act. Additionally, all Affiliates utilizing email marketing to international customers must also meet the SPAM laws and regulations of those countries where customers reside. Failure to adhere to these provisions may result in the immediate termination of this Agreement.
Ticket Liquidator understands that many affiliates use paid Search Engine Marketing (Search Engine Marketing “SEM” or Pay Per Click “PPC”) as part of their marketing efforts. The following is Ticket Liquidator’s SEM/PPC Policy:
Affiliates participating in Search Engine Marketing (SEM/PPC) are not allowed to purchase, use, or bid for placement on any of the following registered trademarks, which include without limitation:
This also includes but is not limited to the use of any of the above-referenced trademarks with one of the following words or phrases: coupon, discount, coupon code, discount code, code, promotion, promo, promo code, or save.
This also includes any variations of the words or URLs or misspellings of the trademarks with any search engine.
This list is subject to change.
Violations by Affiliate of the provisions of this Agreement shall lead to penalties assessed against Affiliate by Ticket Liquidator. Such penalties shall include but not be limited to the following: suspension of Affiliate account; termination of Affiliate account; reversal of payments to Affiliate; and public notification of Affiliate's suspected malfeasance. Reversals may occur should Ticket Liquidator find that Affiliate has violated provisions at the time of the sale for which a commission is earned and may take place during the pay period in which the commission is posted or at a later date should a violation be found after a commission has been posted.
The term of this Agreement will begin upon Ticket Liquidator’s acceptance of the Affiliate Application and shall continue indefinitely unless terminated by either party in accordance with the terms of the Agreement. Either Affiliate or Ticket Liquidator may terminate this Agreement at any time, with or without cause, by written notice of termination. Affiliate is eligible to earn commissions only on ticket transactions that occur during the term, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. To ensure that Affiliate is paid the correct amount, Ticket Liquidator may withhold Affiliate’s final payment for a reasonable time.
Ticket Liquidator may modify any of the terms of conditions contained in this Agreement, at any time and in our sole discretion, upon written notice through your Third Party Affiliate Platform and or by posting a change notice or a new agreement on Ticket Liquidator’s site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATE’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATE’S CONTINUED PARTICIPATION IN THE PROGRAM WILL CONSITUTE BINDING ACCEPTANCE OF THE CHANGE.
Affiliate and Ticket Liquidator are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representatives, or employment relationship between Affiliate and Ticket Liquidator. Affiliate will have no authority to make or accept any offers or representations on Ticket Liquidator’s behalf. Affiliate may not make any statement, whether on Affiliate’s site or otherwise, that would reasonably contradict anything in this section.
Ticket Liquidator will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, Ticket Liquidator’s aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to Affiliate for the period twelve (12) months prior to the incident causing such damage or loss.
Affiliate agrees to indemnify, defend and forever hold Ticket Liquidator (and its parents, affiliates, subsidiaries or entities under common ownership or control) and all of its respective present and former officers, members, shareholders, directors, employees, representatives, attorneys, insurers and agents, and their successors, heirs and assigns (each, in such capacity, an "Indemnified Party" and, collectively, the "Indemnified Parties"), harmless from and against any and all third-party losses, liabilities, claims, costs, damages and expenses (including, without limitation, fines, forfeitures, outside attorneys’ fees, disbursements and administrative or court costs) arising directly or indirectly out of or relating to (1) a breach by Affiliate of this Agreement or of any representation, warranty, covenant or agreement contained herein or (2) Affiliate’s site, including but not limited to any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or deceptive advertising or sales practices, deceptive use of URL names, cybersquatting/domain name issues, consumer fraud, injury, damage or harm of any kind to any person or entity).
Should any of the above-named claims be brought against one of the Indemnified Parties, the Indemnified Party shall (i) promptly notify Affiliate of any matters in respect to which the indemnity may apply and of which the Indemnified Party has knowledge; (ii) give Affiliate the right to control the defense and all negotiations relative to the settlement of any such claim; and (iii) cooperate with Affiliate, at Affiliate’s cost and expense in the defense or settlement thereof. Should the Indemnified Party choose to participate in such defense and in any settlement discussions directly or through counsel of its choice on a monitoring, non-controlling basis, the Indemnified Party’s costs shall be borne by Affiliate.
Ticket Liquidator makes no express or implied warranties or representations with respect to the Program or any tickets sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, Ticket Liquidator makes no representation that the operation of Ticket Liquidator.com will be uninterrupted or error-free, and Ticket Liquidator will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or Affiliate relationship with Ticket Liquidator or any of our Affiliates shall be submitted to confidential arbitration in Hartford, Connecticut, except that, to the extend you have in any manner violated or threatened to violate our intellectual property rights, Ticket Liquidator may seek injunctive or other appropriate relief in any state or federal court in the state of Connecticut (and Affiliate consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Any arbitration or trial by a judge of any claim will take place on an individual basis without resort to any form of class or representative action ("CLASS ACTION WAIVER"). Regardless of anything else in this Arbitration Provision, the validity and effect of the CLASS ACTION WAIVER may be determined only by a court and not by an arbitrator. Affiliate and Ticket Liquidator acknowledge that the CLASS ACTION WAIVER is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If the CLASS ACTION WAIVER is limited, voided or found unenforceable, then the parties' agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the CLASS ACTION WAIVER. AFFILIATE AND TICKET LIQUIDATOR ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.
This Agreement will be governed by the laws of the United States and the state of Connecticut, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Ticket Liquidator’s failure to enforce Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Official notices to Ticket Liquidator should be sent to:
Attn: TicketLiquidator.com Affiliate Program
75 Gerber Road East
South Windsor, CT 06074
BY APPLYING FOR THE TICKET LIQUIDATOR PROGRAM AND CLICKING ON THE ACCEPTANCE BUTTON YOU ARE SIGNIFYING YOUR AGREEMENT TO BE PRESENTLY BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT.