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Please read the agreement document below before registering. This agreement contains the complete terms and conditions that apply to an individual s or entity s participation in the StubHub Affiliate Program (the Program). As used in this Agreement, StubHub, Inc (the corporation holding the StubHub trademark) will be referred to as we and the applicant or publisher will be referenced as you . The term site applies to a World Wide Web site and, depending on the context, refers to either StubHub.com or any site that you will link to ours. 1) Term of the Agreement: The term of this Agreement will begin upon our acceptance of your Affiliate Application and will end when terminated by either party pursuant to this Agreement. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. In addition, StubHub reserves the right to cancel the Program at any time and for any reason, without prior notice. Upon the termination of this Agreement or the Program for any reason, you will immediately cease use of, and remove from your site, all links to StubHub.com and all StubHub trademarks, trade dress, logos, and all other materials provided by or on behalf of us to you in connection with the Program. You are eligible to earn referral fees only on ticket transactions that occur during the term of this Agreement, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. To ensure that you are paid the correct amount, we may withhold your final payment for a reasonable time. 2) Enrollment in the Program: To begin the enrollment process, you must submit a completed Affiliate Application. We will evaluate your application in good faith and will notify you of our acceptance or rejection of your application. Your application may be rejected if we determine, in our sole discretion, that your site is unsuitable for the Program. Unsuitable sites include, without limitation, those that:
Participation in the Affiliate Program: As a participant in the Affiliate program you acknowledge that you are not participating in StubHub s Large Seller program. 3) Order Tracking and Processing: We will track and process all transactions made by customers who follow special links from your site to our site. Reports will be available via your Commission Junction account. 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 StubHub.com via your links, our web server sends a client-side text string (cookie) containing your unique affiliate code to their computers. The Commission Junction system then uses those strings to identify your site at the point of purchase or sale. We are 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. We reserve the right to cancel orders that do not comply with any requirements we establish. 4) Qualifying Transactions: For a ticket transaction to qualify for a commission, the customer must do the following: follow a link (in the format specified by us) from your site to www.StubHub.com; purchase tickets using our consumer-branded online marketplace (www.StubHub.com); accept delivery of the tickets at the shipping destination or ship the tickets in accordance with our policies; and remit full payment to us in the case of a purchase. Ticket transactions that are canceled, refunded or the subject of a credit card charge back will not qualify for commissions. Commissions are attributed to an affiliate when the affiliate is responsible for the customer s last click before purchase, as measured by Commission Junction s standard tracking methods. We will reverse all sales that are not confirmed (i.e., accepted at delivery and paid for) at the end of the 30 day period after the click by a user on a link to StubHub s site We reserve the right to reject transactions that do not comply with these or other requirements that we periodically establish. Your site will be credited for every qualifying transaction, including repeat purchases or sales that occur within 60 days of referral from your site. 5) Commissions: You will earn commissions when a user clicks on your link and performs a Qualifying Transaction. However, you will not earn commissions for sales that are made through alternative sites by sellers who we have designated as "Large Sellers" or for clothing or other merchandise other than tickets and gift certificates. Additionally, you will not earn commissions for tickets that you or someone in your household buys on StubHub.com. StubHub will pay commissions within 30 days of the completion of the month. Normally payments arrive between the 15th and 20th days of each month. Commission Junction will handle payments and payments will be performed in accordance with the Commission Junction Terms and Conditions. 6) Brand Integrity, Restricted Activities, and Use of the API:
7) Policies and Pricing: Customers who buy or sell tickets through this Program will be deemed to be customers of StubHub.com. Accordingly, all StubHub.com 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 and without notice. 8) Limited License: We grant you a nonexclusive, revocable right to use graphic images and text we provide to you and other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating ticket transactions. You may not modify any of these graphic images or text in any way. We reserve all intellectual property rights of StubHub.com, including text, graphic images or any other images, trade names, trademarks, and copyrights. You agree to follow our trademark guidelines and are aware that these may change. In the event of a change, you must make relevant changes to your site to conform to the changed guidelines within 20 days. We may revoke your license at any time, with or without cause, by giving you written notice. Upon receiving a revocation notice from StubHub, you have 10 days to cease all use of material licensed to you by StubHub. 9) Responsibility for Your Site: You are solely responsible for the development, content, operation, and maintenance of your site. This responsibility includes:
(including copyrights, trademarks, privacy, or other personal and proprietary rights) 10) Modification: We may modify any of the terms or 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 and sending you an email to the email address you registered with us. 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 YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM WILL CONSITUTE 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 representatives, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You may not make any statement, whether on your site or otherwise, that would reasonably contradict anything in this section. 12) Limitation of Liability: We 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, our aggregate liability arising with respect to any claim arising out of this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement during the six (6) months preceding such claim. 13) Disclaimers: We name 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, 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. 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) 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 your relationship with us or any of our affiliates shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California (and you 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. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration or otherwise. 16) Miscellaneous: This Agreement will be governed by the laws of the United States and the state of California, 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. We may assign this agreement at any time and without notice to our successor-in-interest following a merger, acquisition or similar corporate transaction. 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. |


