This Agreement contains the complete terms and conditions that apply to your
participation in the Billy Boy's Tickets Referral Payment Program (the "Program").
As used in this Agreement, "we" means Billy Boy's Tickets, "you" means the
applicant, and "events tickets" means any item offered for sale in the Billy
Boy's Tickets online store. "Site" means a World Wide Web site and, depending on the
context, refers either to Billy Boy's Tickets site or to the site that you will
link to the Billy Boy's Tickets site.
1. Enrollment To begin the enrollment process, you will submit a
complete Program application attached to this Agreement. We will evaluate your
application in and will notify you of your acceptance or rejection. We may
reject your application if we determine (in our sole discretion) that your site
is unsuitable.
You must have a top level domain for this program. If you have an eBay
site or a subdomain, please email
sales@greatorlandodiscounts.com
for assistance.
Unsuitable sites include, but are not limited to, sites that: • promote
violence • promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age • promote illegal activities •
violate intellectual property rights or violate any local, state, federal or
other law or regulation • contain any libelous, defamatory or disparaging
materials • promote the use bulk email or spam
2. Order Processing We will process event purchase orders placed by
customers who follow links from your site to Billy Boy's Tickets. We reserve the
right to reject orders that do not comply with any requirements that we
periodically may establish. We will be responsible for all aspects of order
processing and fulfillment.
Among other things, we will prepare order forms; process payments,
cancellations, and returns; and handle customer service. We will track sales
made to customers who purchase event tickets using links from your site to our
store and will provide you reports summarizing this sales activity. To permit
accurate tracking, reporting, and fee accrual, you must ensure that the links
between your site and our site are created with the provided source code. If our
event pages change and you have links that direct visitors to these pages, we
will re-direct your visitors to an appropriate page automatically.
3. Referral Fees Subject to the terms and conditions of this
Agreement, we will pay you referral fees on all ticket event sales to third
parties from referrals from your site. For a sale to generate a referral fee,
the customer must follow a link from your site to our store, purchase an event
item using our automated ordering system, accept delivery of the event tickets
at the shipping destination, and remit full payment to us.
4. Fee Schedule You will earn referral fees based on the sale price
of qualifying event tickets, according to fee schedules to be established by us.
Sale price means the sale price a customer pays for an event and excludes costs
for shipping, handling, returns, chargebacks, fraud, exchanges, credit card
processing fees, and taxes. The monthly fee schedule is as follows:
Earn 50% of the net profit for every sale. After placing links to our cart from your website,
contact us so we can verify the partnership. Commission
checks will be paid monthly. The fee schedule is subject to change without notice but will
not be retroactively applied.
5. Fee Payment Subject to the terms and conditions of this
Agreement, we will pay you referral fees on a monthly basis. Approximately ten
(10) days following the end of each calendar month, we will send you a check for
the referral fees earned on event tickets that were shipped and paid for during
that month, less any taxes that we are required by law to withhold. However, if
the fees payable to you for any calendar month are less than $50.00, we will
hold those fees until the total amount due is at least $50.00 or (if earlier)
until this Agreement is terminated. If an event ticket order that generated a
referral fee is returned by the customer, we will deduct the corresponding fee
from your next monthly payment. If there is no subsequent payment, we will send
you a bill for the fee, which is due to Billy Boy's Tickets thirty (30) days after
you receive the bill.
6. Policies & Pricing Customers who buy event tickets from
Billy Boy's Tickets will be deemed to be customers of Billy Boy's Tickets.
Accordingly, all Billy Boy's Tickets rules, policies, and operating procedures
concerning customer orders, customer service, marketing, promotions, and event
ticket sales will apply to those customers. We may change our policies and
operating procedures at any time. For example, we will determine the prices to
be charged for event tickets sold under this Program in accordance with our own
pricing policies.
Event ticket prices and availability will vary.
7. Limited License We grant you a non-exclusive, non-transferable,
non-sublicensable, revocable right to use the event ticket pricing data and such
other information for which we grant express written permission. You may not
modify the event ticket information or any of our images in any way. We reserve
all of our rights to event ticket information, any other images, our trade names
and trademarks, and all other intellectual property rights. We may revoke your
license at any time by giving you written notice.
8. Responsibility for Your Site You will be solely responsible for
the development, operation, and maintenance of your site and for all materials
that appear on your site. For example, you will be solely responsible for: the
technical operation of your site and all related equipment, ensuring that
materials posted on your site do not violate or infringe upon the rights of any
third party (including, for example, copyrights, trademarks, privacy, or other
personal or proprietary rights), ensuring that materials posted on your site are
not libelous or otherwise illegal. We disclaim all liability for these matters.
Further, you will indemnify and hold us harmless from all claims, damages, and
expenses (including, without limitation, attorneys' fees) relating to the
development, operation, maintenance, and contents of your site.
Except as provided here you agree that you have no rights, title or interest
in or to the event ticket information or other images of Billy Boy's Tickets. You
agree that you will not engage, participate or otherwise become involved in any
activity or course of action that diminishes and/or tarnishes the image and or
reputation of Billy Boy's Tickets.
You acknowledge and agree that your web site information (name, URL, traffic
counts, etc.) may be utilized by Billy Boy's Tickets. Possible uses include, but
are not limited to, lists of the busiest sites, lists of member sites, etc.
Members agree to allow Billy Boy's Tickets to use screen shots of any Web page that
contains the Billy Boy's Tickets event ticket information in Billy Boy's Tickets
promotional materials.
The information provided by Billy Boy's Tickets to you may be proprietary in
nature. You acknowledge that while you are not a competitor of Billy Boy's
Tickets,
you agree not to share this information or the terms of this Agreement with any
partnership, company, person or entity not an employee of your company, and that
all of your employees, agents and affiliates are bound by the terms of this
Agreement.
Anyone found in deliberate violation of these terms and conditions is subject
to being banned from Billy Boy's Tickets.
9. Terms of the Agreement The terms of this Agreement will begin
upon our acceptance of your application and will end when terminated by either
party with or without cause, by giving the other party written notice of
termination. You are only eligible to earn referral fees on sales occurring
during the term of this Agreement, and fees earned through the date of
termination will remain payable only if the related event ticket orders are not
canceled or returned. We may withhold your final payment for a reasonable time
to ensure that the correct amount is paid.
10. Modification We 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 our site. Modifications may include, for
example, changes in the scope of available referral fees, fee schedules, payment
procedures, and Program rules. Your continued participation will constitute a
binding acceptance by you of such rules, changes or modifications. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS
AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF
A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
11. Relationship of Parties You and we are independent contractors,
and nothing in this Agreement will create any partnership, joint venture,
agency, franchise, sales representative, or employment relationship between the
parties. You will have no authority to make or accept any offers or
representations on our behalf. You will not make any statement, whether on your
site or otherwise, that reasonably would contradict anything in this Section.
12. Limitation of Liability We will not be liable for any direct,
actual, indirect, special, consequential, punitive or exemplary 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, our aggregate liability arising with respect to this Agreement will
not exceed the total referral fees paid or payable to you under to this
Agreement.
13. Disclaimers, Indemnification We make no express or implied
warranties or representations with respect to the Program or any event 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, we make no
representation that the operation of our site will be uninterrupted or
error-free, and we will not be liable for the consequences of any interruptions
or errors. This obligation will survive any termination of this Agreement.
Further, you will indemnify and hold Billy Boy's Tickets harmless from all
claims, damages and expenses (including, without limitation, attorney's fees)
relating to any statements, warranties or representations made by you in
connection with or related to the negotiation or execution of this Agreement, or
performance of this Agreement. This obligation will survive any termination of
this Agreement.
14. 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 WEB SITES THAT
ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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.
15. Miscellaneous This Agreement will be governed by the laws of
the United States and the State of Florida, without reference to rules governing
choice of laws. Any action relating to this Agreement must be brought in the
federal or state courts located in Osceola County or the United States District
Court within the Kissimmee area, and you irrevocably consent to the
jurisdiction of such courts. You may not assign this Agreement, by operation of
law or otherwise, without our prior written consent.
Subject to that restriction, this Agreement will be binding on, inure to the
benefit of, and enforceable against the parties and their respective successors
and assigns. Our failure to enforce your 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. |