Affiliate Marketing Terms and Conditions

 

 

Welcome to Broad Ticket, LLC("Broad Ticket","we","us")

 This Agreement contains the complete terms and conditions that apply to Affiliate’s participation in Broad Ticket(the “Program”). Carefully read these terms and conditions, which represent a legally binding agreement between Broad Ticket and you (“you” or “Affiliate”). As used in this Agreement, “Site” means, depending on the context, either www.broadticket.com or the website owned or controlled by Affiliate, on which Affiliate will place Links (as defined below) to BroadTicket.com. Affiliate acknowledges that its participation in the Program will require Affiliate to use the BroadTicket.com, and that may require Affiliate to agree to certain terms and conditions prior to Affiliate’s use of the Broad Ticket Network.

 

1. Enrollment in the Program

Affiliate shall submit a completed Program application through the Broad Ticket Network to begin the enrollment process. Broad Ticket will evaluate your application and notify you if the application is accepted or rejected. Broad Ticket may reject Affiliate’s application for any reason, in Broad Ticket’s sole discretion, including if Broad Ticket determines that Affiliate’s Site is unsuitable for the Program. Unsuitable sites include, without limitation, those that contain illegal, offensive, infringing content or content that Broad Ticket otherwise deems offensive. If Affiliate is accepted into the Program, Affiliate shall notify Broad Ticket in writing of any significant changes to the content or structure of Affiliate’s Site within ten (10) days of such change(s).

 

2. Links

For the purposes of this Agreement, “Link(s)” means the code that Broad Ticket makes available to Affiliate that is used for linking from your Site to web pages on Broad Ticket.com, and may include banners, text, search boxes, buttons, or other graphics or devices. All Links used in the Program shall be served by the Broad Ticket Network. Broad Ticket may, in its sole discretion, consider written requests to use other serving mechanisms, on a case by case basis. Affiliate shall not modify the Links in any way. Broad Ticket will not be responsible for errors that occur in the tracking of transactions if Affiliate has made or caused any such modification.

 

3. General Links to Broad Ticket.com

Affiliate shall only post Links approved by Broad Ticket. Approved Links will be made available to Affiliate through the Broad Ticket Network upon Affiliate’s acceptance into the Program. Affiliate may also post on its Site links obtained directly from e-mails and quarterly newsletter received from Broad Ticket. Any deviations from the guidelines and treatment described in this Agreement must be approved in advance and in writing by Broad Ticket. Broad Ticket may at any time, without prior notice, remove the Links described above, require Affiliate to remove the Links, or dynamically replace the Broad Ticket creative or text with creative or text suitable to Broad Ticket in Broad Ticket’s sole discretion.

 

4. E-mail Links

Affiliate may use Links within e-mails that Affiliate sends to registered users of the Affiliate Site. Use of such Links is subject to all of the requirements and restrictions respecting Links generally as set forth in this Agreement. E-mails making reference to Broad Ticket, that include Links, or that concern any other aspect of the Program, may be sent only to individuals who have elected to receive such e-mails. “Spamming,” including the sending of unsolicited electronic communications, will not be tolerated and may lead to termination of this Agreement. You will not be entitled to any Referral Fees generated through Spamming tactics. Affiliate shall comply with any and all regulations, statutes and applicable laws of theUnited Statesor any other state, country or jurisdiction related to e-mail, and/or electronic communications. It is Affiliate’s responsibility to be aware of all such regulations, statutes and laws.

 

5. Transaction Processing

Broad Ticket will process transactions placed by customers who follow Links from Affiliate’s Site to the Broad Ticket Site. Broad Ticket reserves the right to reject transactions that do not comply with any reasonable requirements that Broad Ticket may periodically establish. Broad Ticket will be responsible for all aspects of transactions processing and fulfillment. Among other things, Broad Ticket will prepare order forms; process payments, cancellations, and handle customer service. Broad Ticket will track transactions made with customers who purchase products using Links and generate reports summarizing this sales activity which will be available to Affiliate through the Broad Ticket Network. The form, content, and frequency of the reports are limited to those reports and capabilities available through the Broad Ticket system. Broad Ticket is not responsible for any changes that Broad Ticket may make in their reporting format, timing, or types of reports available to members of Broad Ticket and the Program. To permit accurate tracking, reporting, and fee accrual, Affiliate shall ensure that Links are properly formatted. Broad Ticket will not be responsible for improperly formatted Links.

 

6. Qualified Transactions

Broad Ticket will pay Referral Fees (as defined below) to Affiliate for tickets purchased in Qualified Transactions (as defined below). For the purposes of this Agreement, a “Qualified Transaction” means a transaction whereby a customer: (i) uses a Link to enter the Broad Ticket Site; (ii) purchases one or more Broad Ticket tickets using Broad Ticket’s automated purchase system; and (iii) remits full payment to Broad Ticket. If a customer initially visits the Broad Ticket Site using a Link, any transaction completed by that customer on the Broad Ticket Site within the return day period specified, whether or not via a Link, will count as a Qualified Transaction if it otherwise meets the requirements of this Section and the Agreement.

 

Broad Ticket does not accept responsibility for customers who may delete or otherwise not accept cookies used to track return visits to the Broad Ticket Site and cannot be held to honor Referral Fees for such untracked return visits. Broad Ticket will not pay Referral Fees for any items other tickets purchased in Qualified Transactions (as defined in this Agreement). This means that Broad Ticket will not pay you for transactions that, among other things, result from a link directly to Broad Ticket.com from any Internet site other than your Site, such as from a Sponsored Link as set forth in Section 14 of this Agreement. This also means that you will not be entitled to Referral Fees for tickets sold that are ultimately returned or refunded.

 

7. Referral Fees

Referral Fees means the fees Broad Ticket will pay Affiliate based on the number of Qualified Transactions generated by the Affiliate Site, in accordance with the fee schedule set forth below.

 Broad Ticket will pay Affiliate 7% of tickets purchased (exclude taxes & all fees) as part of a Qualified Transaction.

Referral fees will be paid for Broadway shows and Las Vegasshows, will not be paid on Hotels, CityPass, Restaurants or any other available extras that are not tickets.

Referral Fees will not be paid for any Qualified Transaction during the first 48 hours a Broad Ticket's ticket is available to the public through the Broad Ticket automated purchase system.

Referral fees could be changed to up or down by e-mail notice of Broad Ticket according to business circumstances.

 

8. Fee Payment

Commissions are paid out on the 15th of every month via cheques or electronic funds transfer. Accounts that have earned less than $100 in commissions during the current month will continue to accrue and will be paid out according to the monthly schedule once $100 threshold is met.

Partners who wish to receive payments directly to a bank account are encouraged to complete and submit an Electronic Funds Transfer form. For further information and instructions will be noticed.

 

9. Policies and Pricing

Customers who buy products through the Program will be deemed to be customers of Broad Ticket. Accordingly, all Broad Ticket.com rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to such customers with respect to their transactions at Broad Ticket.com. We may change our policies and operating procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, Affiliate may not display Broad Ticket price information on Affiliate’s Site. Broad Ticket will use commercially reasonable efforts to present current and accurate information, but cannot guarantee the availability or price of any particular event.

 

10. Restriction on Client-Owned Events

While Broad Ticket clients may enroll in the Program, they may not earn commissions on sales of tickets to their own events. Attempts to violate this policy constitute a breach of this Agreement and may subject the affiliate to termination.

 

11. The Broad Ticket API

Those Affiliates who choose to access the Broad Ticket API for building referral links as a part of the Program are subject to the Terms and Conditions of the Broad Ticket API Terms of Use located at http://www.Broad Ticket.com

 

12. Promotion of Affiliation with Broad Ticket, Inc.

Affiliate may not in any manner misrepresent or embellish the relationship between the parties. While Broad Ticket requests that Affiliate identify itself on its Site as a member of the Broad Ticket Affiliate Network, Affiliate shall not otherwise engage in any promotions which name Broad Ticket or imply any relationship or affiliation between the parties including, but not limited to, press releases, marketing materials, offline print advertising or marketing campaigns, media kits, screen shots, graphics altered for co-branding or any other format or media. Any such promotion will be considered grounds for immediate termination of this Agreement and may invoke further legal action.

 

13. Limited License for the term of this Agreement

Broad Ticket hereby grants to Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links and to access the Broad Ticket Site through the Links solely in accordance with the terms of this Agreement, and for the term of this Agreement.

 

14. Ownership

As between Affiliate and Broad Ticket, Broad Ticket shall own all right, title and interest, including all Intellectual Property Rights, in and to the Broad Ticket Site, the Program and the Links. For the purposes of this Agreement “Intellectual Property Rights” means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.

 

15. Broad Ticket’s Marketing and Publicity

Broad Ticket may publicly refer to you, orally or in writing, as an Affiliate and we may publish your name and/or logo (with or without a link to your Application) on our Website, in press releases, and in promotional materials without your prior consent.

 

16. Responsibility for Affiliate’s Site

Affiliate will be solely responsible for the development, operation, and maintenance of Affiliate’s Site and for all content that appears on such Site. Such responsibility includes, without limitation: (i) the technical operation of Affiliate’s Site and all related equipment; (ii) the accuracy, timeliness and appropriateness of content posted on Affiliate’s Site; (iii) ensuring that posted materials do not violate or infringe upon the rights of any third party; (iv) ensuring that posted content is not libelous or otherwise illegal. Affiliate shall not use any Broad Ticket proprietary materials in a manner that is disparaging or that otherwise portrays Broad Ticket in a negative light.

 

17. Sponsored Links

Affiliate shall not use, procure, bid on, or otherwise arrange for a Sponsored Link (defined below) on any Internet search engine, portal, sponsored advertising service or other search or referral service (a “Service”) which Sponsored Link uses or includes the terms “Broad Ticket,” “Broad Ticket.com,” or any other trademarks, trade names, service marks, corporate names, or other similar general intellectual property right owned or licensed by Broad Ticket or any parent, subsidiary, or other affiliate of Broad Ticket.

 

18. Indemnity

Affiliate shall defend, indemnify and hold Broad Ticket harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys’ fees) relating to: (i) the development, operation, maintenance, and content of Affiliate’s Site; or (ii) breach of this Agreement.

 

19. Term and Termination

Affiliate’s acceptance of the terms and conditions of this Agreement shall be evidenced by Affiliate’s submission of a completed Program application, provided, however, that this Agreement shall not be effective unless and until Broad Ticket has accepted Affiliate into the Program. The term of this Agreement will begin upon Broad Ticket’s acceptance of Affiliate into the Program and will end when terminated by either party (the “Term”). Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice. Upon termination, Affiliate shall promptly remove all Links and Program-related content from Affiliate’s Site. Affiliate is only eligible to earn Referral Fees on Qualified Transactions occurring during the Term (including all steps required for a transaction to be a Qualified Transaction under this Agreement. In the event that an overpayment is made by Broad Ticket, Affiliate agrees to promptly remit such excess payment upon notification by Broad Ticket. Broad Ticket may withhold Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. The definitions contained in this Agreement and sections 12 through 22, shall survive the termination of this Agreement, along with any other provisions that by their express terms do, or by their nature should, survive.

 

20. Modification

Broad Ticket may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Broad Ticket Site or on the Broad Ticket Network. If any modification is unacceptable to Affiliate, Affiliate’s only recourse is to terminate this agreement. Affiliate’s continued participation in the Program following our posting of a change notice or new agreement on the Broad Ticket Site or the Broad Ticket site and/or sending you the change notice via e-mail will constitute binding acceptance of the change.

 

21. Relationship of Parties

The parties are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on our behalf. Affiliate will not make any statement, whether on the Affiliate Site or otherwise, that reasonably would contradict anything in this Section.

  

22. Limitation of Liability

BROAD TICKET SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY). BROAD TICKET’S TOTAL LIABILITY TO AFFILIATE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE AMOUNTS PAID BY BROAD TICKET TO AFFILIATE DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE FIRST REOCCURRENCE OF EVENTS GIVING RISE TO THE IMPOSITION OF LIABILITY UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS, SO THEY MAY NOT APPLY TO AFFILIATE.

 

23. Disclaimers

Broad Ticket makes no express or implied warranties or representations with respect to the Program or any products 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, Broad Ticket makes no representation that the operation of the Broad Ticket Site will be uninterrupted or error-free, and we will not be liable for any such interruptions or errors.

 

24. Independent Investigation

Affiliate acknowledges that it has read this Agreement and agrees to all its terms and conditions. Affiliate understands that Broad Ticket 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 Affiliate’s site. Affiliate has independently evaluated the desirability of participating in the Program and is not relying on any representations or statements other than as set forth in this Agreement.

 

25. Miscellaneous

All rights not expressly granted herein by Broad Ticket to Affiliate are reserved by Broad Ticket. There are no implied rights.

Any notice provided for or permitted under this Agreement will be treated as having been given when (i) delivered personally, (ii) sent by confirmed telex or fax; (iii) sent by nationally recognized commercial overnight courier with written verification or receipt; or (iv) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address set forth on Affiliates applicable registration form, in the case of Affiliate, and the address set forth below for Broad Ticket. This provision shall not apply to Section 17, “Modifications.”

 

Broad Ticket, Inc.

Attention: Affiliate Marketing,244 5th Ave,New York,NY10001

 

Except as set forth in Section 17, “Modifications,” this Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of Broad Ticket. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

 If any provision of this Agreement is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect.

 This Agreement shall be governed by and construed under the laws of the State ofNew York, without regards to its conflict of laws principals.

 Broad Ticket may assign this Agreement without restriction, provided that assignee agrees in writing to be bound by the terms of this Agreement. Affiliate may not assign this Agreement or any rights, duties, or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of Broad Ticket and any attempt to do so without such consent will be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

 The titles and headings herein are for reference purposes only and shall not in any manner limit the construction of this Agreement, which shall be considered as a whole.

 Except as may be otherwise specifically provided in this Agreement, this Agreement is not intended to and shall not confer upon any other person or business entity, other than the parties hereto, any rights or remedies with respect to the subject matter hereof.

 This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreement, whether written or oral.

 

 

Broad Ticket, LLC                                                                                                                                         Affiliate :

COO  :

244 5th Ave

New York, NY 10001