Last Updated: November 12, 2019.
Subject to these Affiliate Terms of Use (the “Affiliate Terms”), you may, at your option, promote Eventzilla to your friends, family, and acquaintances (any such promotion by you, a “Promotion”). You acknowledge and agree that any such Promotion is governed by these Affiliate Terms.
By participating in a Promotion, you agree to these Affiliate Terms. You further agree to Eventzilla Corporation’s (“Eventzilla,” “we,” “us”, or “our”) Terms of Use and Privacy Policy, which are incorporated by reference as if fully set forth herein. To the extent any capitalized terms used in these Affiliate Terms are not defined herein, such terms shall have the meaning set forth in the Terms of Use or Privacy Policy.
Eligibility
You must be 18 years or older to participate in a Promotion. In the event that any communication made by you in the course of a Promotion is inappropriate in our sole discretion, we reserve the right to suspend or terminate your access to all future Promotions.
Inappropriate communications include, but are not limited to:
(a) - communications that discriminate, or encourage discrimination, on any grounds, including without limitation race, national origin, gender, gender identity, sexual orientation, age, or disability;
(b) - communications which contain sexually explicit or violent material, or which encourage violent or abusive conduct;
(c) - communications that contain defamatory conduct, or which violate a third party’s intellectual property rights or otherwise damage us or any third party;
(d) - communications which constitute unsolicited contact with prospective customers (including, without limitation, any communication that violates the Do-Not-Call Implementation Act of 2003 or the Controlling the Assault of Non-Solicited Pornography And Marketing (“CANSPAM”) Act of 2003; or
(e) - communications that are unlawful or which encourage unlawful conduct.
We reserve the right to approve or reject in our sole discretion and for any reason any person wishing to participate in the Promotion.
Referral Commissions
In the event that you refer an individual (a “Prospect”) to Eventzilla.net, and the Prospect ultimately makes a Qualified Purchase (as defined below) from Eventzilla.net (making them a “Customer”), you will receive the commission set forth below, exclusive of taxes and fees (the “Commission”).
For the purposes of these Affiliate Terms, a “Qualified Purchase” means any direct purchase made on Eventzilla.net by a customer who has accessed the Eventzilla.net platform through clicking on a Unique Link (as defined below) within 60 days of clicking such link.
Any revenue generated by us from a Qualified Purchase which has originated from a Customer shall result in the payment of a Commission to you in an amount equal to 30% of the revenue generated for the Customer (the “Commission Percentage”) in perpetuity (subject to the existence of this Promotion and any changes made thereto).
In the event that your Commission exceeds $2,000.00 in any given single fiscal quarter, your Commission Percentage shall be increased to 40% for the duration of the then-current fiscal quarter. Your Commission Percentage shall reset to 30% at the beginning of each fiscal quarter.
You will only receive a Commission for Customers whose Qualified Purchase is made using the unique link provided to you by Eventzilla (the “Unique Link”) within 60 days of a visit using your Unique Link. Eventzilla tracks Unique Link clicks using cookies; if a Prospect deletes the Eventzilla.net cookie, then the Prospect may not be counted as a Customer.
Commissions will be paid on a monthly basis in arrears. Commission payments will be made to you on or about the 15th of every month for Commissions earned during the previous calendar month. On or about the 15th day of each month, you will receive a transfer or payment using PayPal or any of our other approved payment methods for the Commission earned (the “Payment Method”), less any taxes which Eventzilla may be required by law to withhold from the final payment to you. In the event that a Customer processes a refund or disputes a charge which generated a Commission, you will be responsible for a deduction for the such corresponding Commission from any payment received the following month; in the event that there is no subsequent payment due to you for that following month, you will receive an invoice for such Commission which shall be payable within sixty (60) days of your receipt of the invoice. Any and all determinations of what constitutes a Qualified Purchase and whether a Commission is payable shall be made by Eventzilla and will be final and binding.
Any Commissions which shall become due by Eventzilla will be made through our Payment Method and in US Dollars. As such, it is your sole responsibility to ensure proper setup and sufficient access to your appropriate Payment Method account in order to receive any Commissions which may become due and owing to you. You hereby acknowledge and agree that you will comply with any and all applicable laws and regulations with respect to your use of your Payment Method account in order to receive said Commissions, and you hereby agree that you shall refrain from participating in the Eventzilla affiliate program in the event that you are located in a country or jurisdiction where such use of our offered Payment Methods are banned or otherwise prohibited. You acknowledge and agree that Eventzilla will require certain information (such as, for example, your bank account number or Payment Method ID) in order to process your Commission payment. You further acknowledge and agree that Eventzilla may require you to complete a Form W-9 and provide additional tax information before processing a Commission payment. You hereby consent and agree to comply with any and all applicable tax laws governing any payments contemplated hereunder, and you hereby acknowledge, understand, and agree that it is your sole responsibility to file and pay any taxes or fees which may come due and owing as a result of receipt of such Commissions from Eventzilla.
You shall only be eligible to earn Commissions resulting from Qualified Purchases occurring during the term of these Affiliate Terms. In the event that any overpayment in Commissions is made by us, you hereby agree to promptly remit such excess payment upon notification by us. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
You shall not be entitled to a Commission for any purchase that you make yourself, and Eventzilla reserves the right to review any fraudulent transactions and revise the final payouts to you as deemed appropriate.
Prohibited Practices
You shall not:
- employ, use, or receive any direct or indirect benefit from, any "cookie stuffing" methods (e.g., use of "cookie stuffing" or “cookie dropping” to cause Eventzilla systems to conclude that a user has clicked through a Unique Link - and to pay Commissions accordingly - even if the user has not actually clicked through any such link);
- install spyware on another person's computer; cause spyware to be installed on another person's computer, or use a context-based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising other content on a website in a way that interferes with a person's ability to view that website;
- display any material on a website containing a Unique Link which contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines;
- attempt to modify or alter the Eventzilla platform or any related website in any way;
- make any representations, either express or implied, or create an appearance that a visitor to your website is visiting our website, e.g., "framing" or "wrapping" the website in any manner without first obtaining in advance our express written permission. Such requests must be made in writing and sent to brands;
- "scrape" or "spider" the website or any other related websites for content (such as images, logos or text).
Suspension; Termination
Eventzilla may, at any time and in its sole discretion, suspend or terminate your ability to participate in the Promotion (and thus terminate these Affiliate Terms) and decline to make any additional Commission payments. Eventzilla will immediately terminate your access to the Promotion, and will decline to process any Commission payments, regardless of when such payments were otherwise earned, if in Eventzilla’s sole discretion you have participated in any type of fraudulent or collusive scheme to collect Commissions for Customers referred by you.
You may terminate your participation in the Promotion, and thus terminate these Affiliate Terms, at any time by notifying us via email.
Appointment
By entering into these Affiliate Terms, you acknowledge and agree that you are hereby appointed as a non-exclusive source of referrals of the Eventzilla Service. Furthermore, you accept such appointment.
By entering into these Affiliate Terms, you will have the opportunity, either independently or in conjunction with Eventzilla, to identify and/or recommend Eventzilla's services to Prospects (as defined in these Affiliate Terms), pursuant to the terms hereof.
Your Unique Link will be provided by Tapfiliate. By entering into these Affiliate Terms, you acknowledge and agree that your use of the Service will be governed by Tapfiliate's Terms of Service and Privacy Policy (the "Tapfiliate Policies"), available at https://tapfiliate.com/tos/ You explicitly agree to the Tapfiliate Policies and agree to defend, hold harmless, and indemnify Eventzilla for any breach or violation thereof.
You acknowledge and agree that you will not assign any of your rights under these Affiliate Terms, either directly or indirectly, without Eventzilla's prior written consent.
Relationship of Parties
Nothing in these Affiliate Terms shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between you and Eventzilla. You acknowledge and agree that you are fully and solely responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licensees, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workers’ compensation insurance, required as a result of your participation in the Promotion. Under no circumstances will Eventzilla be held liable for any actions or results of the Affiliate.
Restrictions on License
The Unique Links provided serve to identify your website as a member of our affiliate program and will establish a link from a website to the Eventzilla platform. All Unique Links that you will be permitted to use will be provided to you directly from Eventzilla or by other means selected by us. You hereby agree that you will display on your website or advertisements containing the Unique Links only such logos, trade names, trademarks, graphic images and similar identifying material ("Licensed Materials") that have been provided to you by Eventzilla.
In participating in our Promotion, we will thereby grant you a limited, nonexclusive, nontransferable, revocable right to access our website through the Unique Links solely in accordance with the terms of these Affiliate Terms and solely in connection with the Licensed Materials, only as provided to you by us, through Eventzilla platform, or by other means selected by us, and solely for the purpose of identifying your website as an affiliate program participant and to assist in generating referral revenue.
You hereby acknowledge and agree that these Affiliate Terms do not provide you with any intellectual property rights in the Licensed Materials other than the limited rights specified herein. We reserve all of our rights in the Licensed Materials and in all of our other proprietary and intellectual property rights. You may not sublicense, assign or transfer any such licenses for the use of the Licensed Materials, and any attempt to sublicense, assign or transfer such Licensed Materials shall be void. We may terminate your license to use the Licensed Materials for any reason, at any time in our sole and absolute discretion. We may revoke your license at any time without any provision of notice.
Limitation of Liability
In no event shall Eventzilla be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to any Promotion or these Affiliate Terms. Nothing contained in these Affiliate Terms or in any written or oral communications from Eventzilla or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL EVENTZILLA HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THESE AFFILIATE TERMS OR ANY PROMOTION, EVEN IF EVENTZILLA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Eventzilla and sole remedy available to you in any case in any way arising out of or relating to the Affiliate Terms, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed $500.00.
Indemnity by You
You agree to indemnify and hold Eventzilla, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to a breach of these Affiliate Terms or any activity by you, related to or arising from one or more Promotions.
In addition, you hereby agree to be bound to act in compliance with all applicable federal, state and local laws and regulations, including without limitation, the CAN-SPAM Act of 2003 ("CAN-SPAM") and the Children's Online Privacy and Protection Act of 1998 ("COPPA"). You shall protect, defend, indemnify and hold harmless us and any of our parent and related entities from and against any claims, actions, liabilities, losses, damages, costs or expenses, including without limitation, attorneys' fees and costs of litigation, even if such claims are groundless, fraudulent or false, incurred by us arising out of any content or activity by you or on your website or resulting from or in connection with your violation of any of the terms or prohibitions contained in these Affiliate Terms or any law, rule or regulation, including without limitation, claims for violations of third party intellectual property rights, and rights of privacy, including but not limited to CAN-SPAM and COPPA.
Modifying Terms
We may modify or discontinue any of the terms specified in these Affiliate Terms, at any time and in our sole discretion, by posting a change notice or a new agreement on our website, and may do so without providing notice to you. Modifications may include, for example, changes in the amounts or applicability of available Commissions, payment procedures, and other general affiliate program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THESE AFFILIATE TERMS. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEBSITE OR SENDING YOU THE CHANGE NOTICE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Governing Law
THESE AFFILIATE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO, AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS. ANY DISPUTE ARISING HEREUNDER, OR RELATED TO THE TERMS HEREOF, WILL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF OHIO.
Attorney Fees
In the event that Eventzilla is successful in whole or in part in any action or proceeding related to or arising from these Affiliate Terms, you shall be responsible for Eventzilla’s attorneys’ fees and costs
Severability
If any provision or covenant, or part thereof, of these Affiliate Terms is held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of these Affiliate Terms, all of which shall remain in full force and effect.
Contact
You may contact us with questions at affiliateprogram@eventzilla.net.
