SuperBillets.com Affiliate Program Agreement
SuperBillets ("Company"), operates the www.SuperBillets.com Web site. As used in this Agreement, Ticket Software LLC (the corporation holding the SuperBillets trademark) will be referred to as "SuperBillets" and the applicant will be referenced as "Publisher", "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 and, depending on the context, refers to either SuperBillets.com, another SuperBillets website, or any site that Publisher will link to belonging to SuperBillets.
This Agreement provides terms and conditions applicable to Your membership in the SuperBillets Affiliate Program.
Enrollment in the Program
To begin the enrollment process, Affiliate must submit a completed Affiliate Application, with up-to-date and accurate contact information. SuperBillets will evaluate Affiliate's application in good faith and will notify Affiliate of SuperBillets's acceptance or rejection. Affiliate's application may be rejected if SuperBillets determines (in our sole discretion) that Affiliate's site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that:
- promote violence
- promote illegal activities
- promote sexually explicit content
- promote any type of discrimination
- violate any copyrights or intellectual property rights
- contain any parameter deemed inconsistent with the standards of behavior and decorum associated with our brand and website
Participation in the Program
Once the Affiliate's application has been approved by SuperBillets, Affiliate agrees to provide SuperBillets with additional and updated information as it pertains to this Agreement. Additional and updated information shall include, without limitation, contact information, a change in site ownership, a change in URL address, or a change in Affiliate Website Type (as defined in Program Terms). Subject to approval by SuperBillets, Affiliate may employ additional URLs under this Agreement. If it is discovered that Affiliate has employed additional URLs without SuperBillets's prior approval, Affiliate may be subject to penalties, including but not limited to, account suspension or termination from the SuperBillets Program.
Order Tracking and Processing
SuperBillets will track all transactions made by customers who follow special links from Affiliate's site to SuperBillets's site via the following methods:
- Google Analytics. To enable accurate tracking, reporting, and commission accrual, you must ensure that the special links between your site and our site are properly formatted. When customers come to SuperBillets's site via Affiliate links ending with ?utm_source=affiliates&utm_medium=AFFILIATE NAME, Google Analytics sends a client-side text string (cookie) containing your unique affiliate code to their computers. The Google Analytics system then uses those strings to identify your site at the point of purchase or sale.
SuperBillets is responsible for all aspects of order processing and fulfillment. Along with providing customer service, we will handle all transaction logistics including payments, cancellations, and shipping. SuperBillets reserves the right to cancel orders that do not comply with any requirements SuperBillets establishes. 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.
Qualifying Transactions
For a ticket transaction to qualify for a commission, the customer must do the following: follow a link from Affiliate's site to SuperBillets's; purchase tickets from SuperBillets's site; accept delivery of the tickets at the shipping destination; and remit full payment to SuperBillets in the case of a purchase. Transactions made by existing SuperBillets customers are subject to review. SuperBillets reserves the right to reject transactions that do not comply with these or other requirements that SuperBillets periodically establishes. Affiliate site will be credited for every qualifying transaction, including repeat purchases or sales that occur from your site within the action referral period stated in the Program Terms.
Prohibition against Spyware and other Parasites
SuperBillets 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 SuperBillets and/or partner sites in SuperBillets's sole discretion). SuperBillets encourages all Affiliates to report suspicions of such relationships.
Purchase Prohibitions
Affiliate will not act as a customer in any order. The information provided at the time of completing a purchase must be from the customer attending the event, such as: Customer's Name, Customer's Credit Card and Billing Information, Customer's Phone Number, Customer's Email Address, and Customer's Delivery Address.
Coupon Policy and Prohibitions
Affiliate may only publish official SuperBillets discount codes or promotional offers on Affiliate's website that SuperBillets may send or make available as part of the Affiliate Program. Affiliate may not publish misleading or false information about SuperBillets.com discount codes or other SuperBillets site discount codes or promotional offers. Affiliate may not publish discount codes or promotional offers that are not directly provided or made available by SuperBillets 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 website including but not limited to third party posts, advertisements, and comments.
Other Prohibitions
Affiliate may not "mask" or "redirect" any domain name/URL to SuperBillets.com, "frame" any portion of SuperBillets.com, copy and insert any portion of SuperBillets.com into another, 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 SuperBillets shall not be used when referencing the SuperBillets name, or bearing the SuperBillets name, logo, or registered trademarks.
Confirmation of Sales
For all accepted sales made by the customer during the action referral period, you will receive a 9% fixed commission rate. If a sale is rejected (because the customer's credit card declines or the tickets are no longer available, or for any other reason), you will not receive a commission. All sales are on a monthly basis on the 15th of the month for the previous month's sales.
Monthly Payments
Affiliate will receive commission payment monthly for all sales that have been confirmed during a given month. On the 15th of every month for the previous month's commission(s).
Payments will be made either via PayPal or bank wire transfer from SuperBillets corporate holding company, TicketNetwork to the following bank details:.
Account Name::.
Account address: :.
Account Number (IBAN) : :.
Bank Swift code : :.
Bank Name : :.
Bank Address: :.
Affiliate is responsible for all fees associated with PayPal or the wire transfers, and these fees will be deducted from the total amount paid to Affiliate
Policies and Pricing
Customers who buy or sell tickets through this program will be deemed to be customers of SuperBillets. Accordingly, all SuperBillets 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.
Limited License
SuperBillets grants Affiliate a nonexclusive, revocable right to use graphic images, text, technology and content SuperBillets provides to Affiliate and other text, images, technology and content for which SuperBillets 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 SuperBillets (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. SuperBillets reserves all intellectual property rights of SuperBillets's ticket sites, including text, graphic images or any other images, trade names, trademarks, copyrights, patent rights or applications, or service marks. Affiliate agrees to follow SuperBillets's trademark guidelines and is aware that these may change.
Responsibility for Your Site
You are solely responsible for the development, content, operation, and maintenance of your site. This responsibility includes:
- functionality of links to one of SuperBillets's ticket sites
- the technical operation of your site and all related equipment
- the accuracy and appropriateness of site content (including ticket-related information)
- the assurance that site content does not violate or infringe upon the rights of any third party (including copyrights, trademarks, privacy, or other personal and proprietary rights)
- assurance that site content is neither libelous or otherwise illegal
Email Marketing Policy
Affiliates wishing to engage in email marketing as it pertains to this Agreement must obtain prior approval from SuperBillets 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. Failure to adhere to these provisions may result in the immediate termination of this Agreement.
Paid Search Engine Marketing Policy
SuperBillets 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 SuperBillets'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 SuperBillets and its related entities' Intellectual Property including, but not limited to, the Protected SEM Bidding Keywords. Protected SEM Bidding Keywords include without limitation: BuyBetterTickets, Cheappricedtickets, Hailstorm, Lowbudgettickets, Point-of-Sale Software, Ticketboard Pro Software, Ticketliquidator, SuperBillets, Ticketsplus, TicketSpot, Ticket Summit, Trusted Tickets, SuperBoleteria, ezEvent, PrimeTix, and any other Mark belonging to SuperBillets or a SuperBillets-related entity. This also includes but is not limited to the use of any of the above-referenced Marks 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 Marks with any search engine.
This also includes but is not limited to the use of any of the Protected SEM Bidding Keywords in conjunction 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 Protected SEM Bidding Keywords with any search engine. List subject to change.
Violations and Penalties
Violations by Affiliate of the provisions of this Agreement shall lead to penalties assessed against Affiliate by SuperBillets. Such penalties shall include but not be limited to the following: suspension of Affiliate account from Program; termination of Affiliate account from Program; reversal of payments to Affiliate; and public notification of Affiliate's suspected malfeasance. Reversals may occur should SuperBillets 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.
Term and Termination of the Agreement
The term of this Agreement will begin upon SuperBillets’s acceptance of Affiliate Application and shall be continuous, unless and until either party properly terminates this Agreement and the relationship, in accordance with the following: (i) SuperBillets shall provide Publisher with seven (7) days written notice via the Network Service; or (ii) Publisher shall use the automated system within the Network Service to expire the affiliation and Publisher shall comply with Sections C(v) and (vi) below.
A. This Agreement may be terminated immediately in the event that Publisher: (i) violates the PSA; or (ii) violates this Agreement.
B. Upon any termination of this Agreement, SuperBillets and Publisher will be released from all obligations and liabilities to the other party occurring or arising after the date of such termination or the transactions contemplated hereby, except with respect to those obligations which by their nature are designed to survive termination or as provided herein, provided that no such termination will relieve Publisher from any liability arising from any breach of this Agreement occurring prior to termination.
C. Upon termination of this Agreement, (i) SuperBillets's acceptance of additional referrals obtained through Publisher shall not constitute a continuation or renewal of this Agreement or a waiver of such termination, (ii) Publisher shall be entitled only to those unpaid commissions, if valid, earned by Publisher on or prior to the date of termination, (iii) Publisher shall in no event be entitled to commissions with respect to any amount of valid referrals delivered after the date of termination, (iv) all rights and licensees of Publisher hereunder shall immediately terminate, (v) Publisher shall cease all uses of any trade names, trademarks, service marks, logos and other designations of SuperBillets or the Program, and (vi) Publisher shall remove all SuperBillets links.
Modification
SuperBillets may modify any of the terms of conditions contained in this Agreement, at any time and in our sole discretion, upon written notice through the Network Service. 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 BY EXPIRING THE RELATIONSHIP AND/OR REJECTING THE NEW PROGRAM TERM OFFERED. AFFILIATE'S CONTINUED PARTICIPATION IN THE PROGRAM WILL CONSITUTE BINDING ACCEPTANCE OF THE CHANGE.
Relationship of Parties
Affiliate and SuperBillets are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representatives, or employment relationship between Affiliate and SuperBillets. Affiliate will have no authority to make or accept any offers or representations on SuperBillets's behalf. Affiliate may not make any statement, whether on Affiliate's site or otherwise, that would reasonably contradict anything in this section.
Limitation of Liability
SuperBillets 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, SuperBillets's aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to Affiliate under this Agreement.
Indemnification
Affiliate agrees to indemnify, defend and forever hold SuperBillets (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 SuperBillets, SuperBillets shall (i) promptly notify Affiliate of any matters in respect to which the indemnity may apply and of which SuperBillets 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 SuperBillets choose to participate in such defense and in any settlement discussions directly or through counsel of its choice on a monitoring, non-controlling basis, SuperBillets's costs shall be borne by Affiliate.
Disclaimers
SuperBillets names 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, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, SuperBillets makes no representation that the operation of SuperBillets.com will be uninterrupted or error-free, and SuperBillets will not be liable for the consequences of any interruptions or errors.
Independent Investigation
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.
Arbitration
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 SuperBillets 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, SuperBillets 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 SuperBillets 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 SUPERBILLETS ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.
Miscellaneous
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. SuperBillets'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
Official notices to SuperBillets should be sent to:
SuperBillets
Attn: SuperBillets.com Affiliate Program
75 Gerber Road East
South Windsor, CT 06074
U.S.A.