Please read the agreement document below before registering.
1) TERMS
The term of this Agreement will begin upon TicketsNow.com's acceptance of your affiliate
application and will end when terminated by either party. Either party may terminate
this Agreement at any time, with or without cause, by giving the other party written
notice of termination. You are only eligible to earn commission or referral fees
on Sales occurring during the term of this Agreement.
2) COMMISSION TERMS
TicketsNow.com will pay you seven percent (7%), or such higher amount as TicketsNow.com
and you may agree in writing, for each Sale that originates from your affiliate
link. A Sale is defined as any event ticket(s) or event ticket package(s) purchased
excluding any tax, service charges or shipping fees.
- A) Second-tier Affiliates: You may refer new TicketsNow.com affiliates through a
designated two-tier affiliate link. TicketsNow.com will pay you one-half a percent
(0.5%) for each Sale that originates from any second-tier affiliate you refer. You
may not refer yourself, and all second-tier affiliates you refer must have different
payee information, including payee name and mailing address. Commissions will only
be paid for second-tier affiliates that have never been enrolled in our affiliate
program. The second tier referral commissions shall be paid to you on Sales occurring
during the term of this Agreement.
3) PAYMENT TERMS
Payment shall be made within thirty (30) days after the last day of the calendar
month for the preceding month provided that the total monthly amount due to you
exceeds twenty-five dollars (US $25.00). In the event the total monthly amount due to
you for any month is less than twenty dollars, TicketsNow.com will not be obligated
to pay you until such subsequent month when the cumulative amount due to you exceeds
twenty dollars or, in any event, no later than the close of each quarter regardless
of the cumulative amount due. TicketsNow.com will pay you by a check in US dollars
mailed to you. TicketsNow.com is not obligated to pay you if you violate any provision
of this Agreement.
4) TRADEMARK LICENSE
Subject to the Trademark Usage Standards and other restrictions contained in this
Agreement, TicketsNow.com hereby grants you a non-exclusive license to use the TicketsNow.com
corporate trademark and other logos, product and service marks belonging to TicketsNow.com
(the "Trademarks") to identify yourself as a member of the Affiliate Network. For
purposes of this license, Trademarks shall also mean and include images and links
embodying the TicketsNow.com corporate trademark and/or other trademarks, service
marks, logos, graphic art, and trade dress belonging to TicketsNow.com. Your use
of the Trademarks shall comply with the Trademark Usage Standards set out in this
Agreement or as later modified by TicketsNow.com. TicketsNow.com shall have the
right to monitor your use of the Trademarks to insure that your use of the Trademarks
conforms to the Trademark Usage Standards and that the products and services offered
in connection with the Trademarks meet the quality standards established by TicketsNow.com.
TicketsNow.com reserves the right to reject any website that does not feature customer-friendly
website navigation, or contains content (including pornographic or hateful content)
that we, in our sole discretion, determine does not meet an acceptable commercial
or aesthetic standard. Violation of this provision shall result in either suspension
of your affiliate status or termination of this Agreement, at TicketsNow.com's option.
5) DATA AND TECHNOLOGY USAGE GUIDELINES
- A) The data and technology is being provided solely for the purpose of increasing
sales through the affiliate sales channel of TicketsNow.com. Any additional technology
or tools developed through this relationship by an affiliate shall be used exclusively
for this purpose. Any usage other than that shall require written permission from
TicketsNow.com.
- B) TicketsNow.com does not allow permanent redirects from an affiliate's domain
to TicketsNow.com that are created for the purpose of increasing search engine ranking
for the affiliate. Any redirects to the TicketsNow.com site must be done in a non-
search engine friendly manner or excluded from search engine spidering. Any affiliate
that wishes to increase their own search engine ranking shall do it within the guidelines
of the search engines by creating their own content rich site. Affiliates shall
not post duplicative content from the TicketsNow.com site on their websites or advertisements.
- C) Any affiliate who uses message boards or community sites to generate traffic,
must comply with all policies and restrictions on such boards and community sites,
including, but not limited to, prohibitions on affiliate activity.
6) TRADEMARK AND COPYRIGHT USAGE GUIDELINES
- A) By accepting this Agreement, you agree specifically to refrain from (i) originating,
authorizing, or participating in any use of the Trademarks or other promotion of
TicketsNow.com by unsolicited emails ("spam"), telephone, offline media or otherwise,
unless such use of the Trademarks or promotions have been specifically approved
in writing by TicketsNow.com.
- B) You may not use the Trademarks or otherwise promote TicketsNow.com in promotional
or incentive activities without TicketsNow.com's prior written authorization.
- C) The license granted to use TicketsNow.com's Trademarks and trade dress is limited
solely for the purpose of identifying your site as an affiliate. You may not use
the Trademarks in any advertisements or represent yourself as TicketsNow.com in
any way, including, but not limited to, using the Trademarks in search engine listings,
citing yourself as an "Official Site" in search engine listings or posting duplicative
content from the TicketsNow.com site. Affiliates may not use the content or images
shown on the TicketsNow.com site on their websites and promotional materials. You
may not modify the Trademarks and any images incorporating the Trademarks in any
way, including the use of the Trademarks along with an added trademark owned by
another without the express written consent of TicketsNow.com.
- D) The urls or domain names for affiliate web sites may not incorporate any of the
Trademarks or words confusingly similar thereto. All such domain names and urls
are and remain the property of TicketsNow.com, with respect to which TicketsNow.com
retains all rights including an ultimate right of use and exploitation. TicketsNow.com's
intellectual property rights extend to domain names in any top level domain (e.g.,
.com, .net, .biz, .cc) and urls which incorporate the Trademarks or any confusingly
similar variations thereof. Affiliates may not use locators that include Trademarks
or TicketsNow.com urls or domain names in connection with the promotion, sale, advertising
or other commercialization of any products and services, including in any search
engine listings.
-
- The following are examples of domain names or urls that are considered to be the
property of TicketsNow.com:
- Domain Names: Tickets-Now.com, TicketsNow.biz, TiketsNow.Com
- URLS: www.freeyellow.com/TicketsNow.htm, www.MySite.net/TktsNow.Com
- E) You may not disclose, utilize or exploit any data or information obtained from
TicketsNow.com during the term of this Agreement to any third party and such data
or information will only be used for fulfillment of the activities associated with
your affiliate status.
- F) Failure to comply with these rules may result in the suspension of your affiliate
status or termination of this Agreement.
- G) TicketsNow.com may modify these guidelines at any time in its sole discretion.
- H) Use of any other trademarks other than the allowed usage of TicketsNow.com such
as team names, etc. to drive traffic to the TicketsNow.com website may be a violation
of trademark laws. TicketsNow.com can not permit affiliates to violate trademark
laws to drive traffic to their website.
- I) Many of the pictures and images used on TicketsNow.com's web site are licensed
for use only by TicketsNow.com. In most cases TicketsNow.com can not give permission
for affiliates to use those images on their web sites.
7) ENTIRE AGREEMENT AND MODIFICATION
This Agreement contains the entire agreement between the parties and supercedes
any prior agreements, discussions or communications between the parties relating
to the subject of this Agreement. You may not modify this Agreement except in a
subsequent written agreement signed by both parties. TicketsNow.com 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 Website: www.TicketsNow.com.
Modifications may include, for example, changes in the scope of available referral
fees, fee schedules, payment procedures, Program rules, and Trademark Usage and
license obligations. 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. You agree that TicketsNow.com has no obligation to notify
you of any change to this Agreement.
8) 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 this Agreement and the Program will not exceed
the total referral fees paid or payable to you under to this Agreement.
9) 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.
10) RELATIONSHIP OF THE PARTIES
The relationship between TicketsNow.com and you shall that of independent contractors.
Nothing contained in this Agreement will create any partnership, joint venture,
agency, franchise, distributor, employment, or any similar relationship between
the parties. You understand and affirm that you have no right to make or accept
any offers or representations on behalf of TicketsNow.com.
11) SPYWARE AND OTHER PARASITES
Any affiliate suspected of a relationship, formal or informal, with any provider
of spyware or parasitic software (as judged by any interference with the operation
by design of TicketsNow.com and/or its partner sites) is subject to punitive actions
by TicketsNow.com, without notice, including but not limited to: suspension of affiliate
account; termination of affiliate account; withholding of payments to affiliate;
and public notification of affiliate's suspected malfeasance. TicketsNow.com encourages
affiliates to report suspicions of such relationships; and, should substantial proof,
as judged by TicketsNow.com, be provided, TicketsNow.com reserves the right to assign
a value equal to unpaid monies earned by the offending affiliate (or a part thereof)
to the reporting affiliate as a bounty.
12) MISCELLANEOUS
This Agreement will be governed by the laws of the United States and the State of
Illinois, 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 Rockford,
Illinois, and you irrevocably consent to the jurisdiction of such courts. You may
not assign this Agreement, by operation of law or otherwise, without TicketsNow.com's
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. TicketsNow.com's failure to enforce your strict performance
of any provision of this Agreement will not constitute a waiver of TicketsNow.com's
right to subsequently enforce such provision or any other provision of this Agreement.
I accept these terms and wish to register.
Copyright 1999, The Affiliate Program.