It’s a program that is established by a company to help it to sell products or services. It regulates all relationships between the company and affiliates who are signed up to that program. It provides affiliates a dashboard to manage advertising campaigns they run, track commissions they earn and creatives they can use to advertise the company’s products or services.
Ticketfly will pay Affiliate the Referral Fees on a rolling basis through the Shareasale Network, on the 20th of each month following a qualified transaction. Ticketfly pays Shareasale for the Referral Fees earned on Qualified Transactions that were purchased during the month, less any taxes that Ticketfly is required by law to withhold. Shareasale disburses the Affiliate’s commission payments. Affiliate may track the number of Qualified Transactions and associate Referral Fees through Shareasale’s Affiliate Reporting interface. Ticketfly does not make any guarantee of a minimum amount of business or that Affiliate will earn any amount of Referral Fees under this Agreement.
The first widely publicized example of online advertising was conducted via electronic mail. On 3 May 1978, a marketer from DEC (Digital Equipment Corporation), Gary Thuerk, sent an email to most of the ARPANET's American west coast users, advertising an open house for a new model of a DEC computer. Despite the prevailing acceptable use policies, electronic mail marketing rapidly expanded and eventually became known as "spam."
For purposes of this Agreement, the Technology means the electronic access to programs, content and documentation, and Company's end user license agreement as it may be modified by Company for use in the Territory. The relationship between the corporate user and Company and/or its Affiliates shall be as specified in the applicable Company end user license agreement. Notwithstanding the foregoing, as between Company and MA, MA shall be responsible as defined for providing customer and technical support to end users in the Territory. MA will notify Company immediately in the event that it is unable to respond effectively to any end users’ requests.
Affiliate marketing is commonly confused with referral marketing, as both forms of marketing use third parties to drive sales to the retailer. The two forms of marketing are differentiated, however, in how they drive sales, where affiliate marketing relies purely on financial motivations, while referral marketing relies more on trust and personal relationships.
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL COMPANY'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
11.8. Obligation to Mediate in Good Faith. Except as provided in this Section 11.7, before either party initiates a lawsuit against the other relating to this Agreement, the parties agree to mediate all disputes and claims arising out of or relating to this Agreement, the parties' performance under it, or its breach. To this end, either party may request, after informal discussions have failed to resolve a dispute or claim, that each party designate an officer or other management employee with authority to bind the party to meet in good faith and attempt to resolve the dispute or claim through mediation. During their discussions, each party will honor the other's reasonable requests for information that is not privileged and relates to the dispute or claim. This Section does not apply (i) should the expiration of the statute of limitations for a cause of action be imminent, or (ii) if a party is seeking an injunction pursuant to Section 11.8.
888.com is a premium gaming destination and a well established name in the casino and poker circuit. Its site offers numerous sub-brands including 888sport, 888ladies, 888bingo, 888casino and 888poker, as well as ReefClub Casino. The 888 family of companies attract millions of players, and the company provides affiliates with frequent promotions to keep players interested.
For the purposes of this Agreement, “Link(s)” means the code that Ticketfly makes available to Affiliate that is used for linking from your Site to web pages on Ticketfly.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 Shareasale Network. Ticketfly 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. Ticketfly will not be responsible for errors that occur in the tracking of transactions if Affiliate has made or caused any such modification.
We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your website is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is, in our opinion, unlawful or otherwise violates our Acceptable Use Policy.
Customers who buy products through the Program will be deemed to be customers of Ticketfly. Accordingly, all Ticketfly.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 Ticketfly.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 Ticketfly price information on Affiliate’s Site. Ticketfly will use commercially reasonable efforts to present current and accurate information, but cannot guarantee the availability or price of any particular event.
"Confidential Information" Defined. “Confidential Information” includes: (a) the Technology (b) any personally identifiable data or information regarding any end user; (c) any and all information disclosed by Company to MA, in whatever format, that is either identified as or would reasonably be understood to be confidential and/or proprietary; (d) any notes, extracts, analyses or materials prepared by MA which are copies of or derivative works of Confidential Information or from which Confidential Information can be inferred or otherwise understood; and (e) the terms and conditions of this Agreement. “Confidential Information” does not include information received from Company that MA can clearly establish by written evidence: (x) is or becomes known to MA from a third party without an obligation to maintain its confidentiality; (y) is or becomes generally known to the public through no act or omission of MA; or (z) is independently developed by MA without the use of Confidential Information.