Sports Events 365 Affiliate Program Program benefits

Sports Events 365 is one of Europe's leading ticket brokers, selling tickets to thousands of concerts, shows and sports events worldwide since 2006. Our affiliate program provides an excellent opportunity for a wide variety of websites, blogs, apps and content owners to generate more revenue by promoting the selling of our tickets to their visitors.

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Terms & conditions

Referral Partner Agreement  
 
This Referral Partner Agreement (this “Agreement”) contains the complete terms and conditions by and between Sports Events 365 Ltd. (“Sports365”) and you (as defined below), the individual or entity participating in the Sports365 Referral Partner Program (the "Program"). In this Agreement, “You” or “Your” mean the applicant. Your participation in the Program and this Agreement are subject to Sports365 acceptance (as detailed below).
 
1. Enrollment in the Program. To begin the enrollment process, You will submit a complete Program application via one of Sports365’s Sites including but not limited to www.sportsevents365.com and/or http://www.sportsevents365.es and/or http://www.sportsevents365.fr and/or http://www.sportsevents365.de and/or http://www.sportsevents365.se and/or http://www.sportbilet.pl and/or http://www.sportsevents365.ru and/or http://www.724bilet.com and/or http://www.tazaker365.com and/or http://www.ticketingo.co.il and/or any other of Sports365 owend and operated cobranded websites to be referred herenafter as: "the Site". Sports365 will evaluate your application in good faith and will notify You of Your acceptance or rejection. Sports365 may reject your application if Sports365 determines, at its sole discretion, that your site is unsuitable for the Program. Sites not suitable for the Program include, without limitations: Sites that promote sexually explicit material; Sites that promote violence or discrimination of any kind and Sites that promote illegal activities. You should also note that if Sports365 accepts your application and Your Site is thereafter determined, at Sports365’s sole discretion, to be unsuitable for the Program, Sports365 may terminate this Agreement immediately.

2. Links to Sports365’s Site. Once You have been notified by Sports365 that Your site has been accepted into the Program, You may provide on Your Site one or more of the following types of links to Sports365’s Site:  
Tickets Links: You may select one or more Tickets to list on your site. A "Ticket" is any Ticket listed on Sports365’s Site. For each selected Ticket, You will display on Your Site a short description, review, or other reference. You will provide a Special Link (as defined below) from each Ticket reference on Your Site to the corresponding Sports365 web page. You may add or delete Ticket (and related links) from your site at any time without Sports365’s approval.  
Special Link to Sports365’s Site Home Page: You may provide a special link on your Site to one of Sports365’s Sites home pages.  
Upon acceptance into the Program and in order to permit accurate tracking, reporting, and referral fee accrual, Sports365 will provide you with special link formats to be used in all links between Your Site, including any Sport365's white label sites which may be operated by you, and Sports365’s Site (“Special Link”). Such special Links shall be limited to text links, banners links, search box links and any other links in the form provided or approved in advance by Sports365. You must ensure that each of the links between your site and Sports365’s site properly utilizes such Special Link formats. You will earn referral fees only with respect to activity on Sports365’s site occurring directly through Special Links. You will be exclusively responsible that each Special Link includes your affiliate ID in order to enable efficient tracking of transactions. Sports365 will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

3. Sports Events 365 Search Engine Web Service API
(a) In addition to joining the Program, you may also elect to promote Sports365 site by using an API solution, in the form of web service via simple HTTP/XML or PHP Class (the: “API Solution”). The use of Sports365 API Solution must be approved in advance by Sports365. 
(b)  If approved, Sports365 shall provide you with its proprietary data via an API Solution which will be created, maintained, updated, and provided by and at Sports365's expense. The API Solution will be used by you to market and promote Sports365's site and services on your website. For this purpose, You will be provided with Sports365's Search Engine Web Service – API Integration Guide which will instruct you how to integrate the Sports365 Web Service.
(c) You will be responsible for the development, operation and maintenance of your own Website, and for all technical operation, such as the integration of, and all other issues pertaining to the maintenance of the API Solution at your site as described in the Sports365's Search Engine Web Service – API Integration Guide.
(d) The access to our API Solution is made by a personal username and password which Sports365 will allocate you. These login details are confidential and must be kept on complete secrecy. You must not share these details with any other third party not authorized to use them.      
(e) License -  all Intellectual Property Rights related and/or connected to Sports365's site and/or its API Solution and/or any development thereof shall remain at all times at the sole exclusive ownership of Sports365. If approved, Sports365 will grant you a non-exclusive, worldwide, royalty-free license for the term of this agreement to utilize and integrate its API Solution and to use the data received from Sports365 solely for the purpose of this agreement.
(f) Sports365 reserves the right to remove your API access, in any time, at its sole discretion, inter alia, in case you do not comply with Sports365's rules, regulations and policies for the use of the API Solution as determined by Sports365 and amended from time to time, such as: inactive XML access; no sufficient site content in your website; misuse of Sports365 database, inter alia, not for the purpose of promoting Sports365's site and products ; infringement of this Agreement, inter alia, due to promotion of inappropriate content as described in section 1 above, etc. 
(g) all Sports365 data presented on your site via the API Solution shall be displayed with the appropriate trademark and copyright designation for Sports365 or any other third party. In addition, all Sports365 data presented on your site via the API Solution shall be full, accurate and identical to the data presented on Sports365's site, as amended from time to time. Such data shall include: updated prices, event's data, Terms and Condition, FAQ, disclaimers and all other information appearing on the Sports365's site, without revision, deletion or change of any sort whatsoever. Sports365 shall not be held liable or responsible for any claims and/or costs associated with any errors or omissions in the display of the Sports365's information provided to you.

4. Order Processing. Sports365 will process Tickets orders placed by customers who follow Special Links from your site to Sports365’s site or referred to Sports365’s site by using the API Solution. Sports365 reserves the right to reject orders that do not comply with any requirements that Sports365 may establish from time to time. Sports365 will be responsible for all aspects of order processing and fulfillment. Sports365 will track sales made to customers who purchase Tickets by using Special Links from your site to Sports365’s site or referred to Sports365’s site by using the API Solution and will make available to you, through certain online designated tracking and reporting tools, details regarding transactions for Qualified Tickets referred by you (the "Reports"). You acknowledge that access may not be available on a real-time basis and there may be reporting delays regarding certain transactions. Tickets transactions may be approved or denied by Sports365, in accordance with its current procedures, within three business days from the date the relevant order is accepted by Sports365 subject to: (i) receipt of all applicable credit and payment approvals in connection with the relevant Ticket transaction; and (ii) such transaction has been manually approved by Sports365. The form, content, and frequency of the reports may vary from time to time in Sports365’s sole discretion. Without limiting the above, due to Sports365’s customers' privacy, Sports365 will not provide You identifying customers names and contact information.

5. Referral Fees. Sports365 will pay you (in accordance with Sections 6 and 7 below) referral fees on Ticket sales to third parties (either used the Special or referred to Sports365’s site by using the API Solution). For a Ticket sale to be eligible to earn a referral fee, a third party referred by you must purchase a Ticket. In order for Sports365 to record the tracking of transactions resulting from clicks on Special Links You undertake to include and maintain the Sports365 tracking code, as shall be provided by Sports365 from time to time. Sports365 will only pay referral fees on such Tickets after order and payment. Without derogation from the aforesaid, in event of Suspicion (as defined below hereinafter) occurred with respect of the Tickets' sale, Sports365 reserves the right to withhold such referral fees, at its sole discretion, until Sports365  determines that the applicable Suspicion (as defined below hereinafter) has been resolved or expires; Referral fees shall be paid only for sales of Tickets and You will not be entitled to any compensation with respect to any other services or cross sales which may occur in connection to referral made by You. You acknowledge that the reports generated by the Sports365 tracking code constitute conclusive and final data regarding transactions for Qualified Tickets referred by you.
You may not purchase Tickets during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for Tickets to be used by you or your friends, relatives, or associates in any manner. Such purchases may result (in Sports365’s sole discretion) in the withholding of referral fees or the termination of this Agreement. Tickets that are eligible to earn referral fees under the rules set forth in this Section 4 above are referred to as "Qualifying Tickets".
In addition, You may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money, or granting of any discount or other benefit) for using the Special Links or the API Solution on Your Site to access Sports365’s Site; (b) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of Sports365’s Site; (c)  take any action that could reasonably cause any customer confusion as to Sports365’s relationship with You. If Sports365 suspects or determines, in its sole discretion, that You have engaged in any of the foregoing activities, and/or have violated any applicable law (the "Suspicion"), Sports365 may (without limiting any other rights or remedies available to Sports365) withhold any referral fees otherwise payable to You under this Agreement until such suspected or actual breach or violation is resolved and/or terminate this Agreement without any liability towards You and You hereby confirm that You will not have any claims and/or demands towards Sports365 in connection therewith.

6. Referral Fee. "Qualifying Revenues" shall mean revenues derived by Sports365 from Sports365’s sales of Qualifying Tickets, excluding costs for shipping. Tickets cannot be returned to Sports365 by any customer, except for: (i) cancellations; or (ii) failure by the purchaser to collect the purchased Ticket, each as approved by Sports365 full and sole discretion. Sports365 shall have full and sole discretion to approve the exception listed above. In addition, Sports365 shall not pay and you shall not be entitled to receive revenues with respect cancellations or failure by the purchaser to collect the purchased Ticket. You will earn referral fees based on Qualifying Revenues according to referral fee schedules to be established by Sports365 from time to time. The general current referral fee rate is 7% (seven percent) of the applicable Qualifying Revenues, unless agreed otherwise.

7. Referral Fee Payment Terms. Referral Fees for Qualifying Revenues will be paid within 30(thirty) days following the end of each calendar month from the date the applicable transaction has been approved by Sports365. Sports365 will send You a check for the referral fees actually received by Sports365 during that month for sales of Qualifying Tickets, less any taxes that Sports365 may be required to withhold by applicable law (the "Payment Date"), unless the amount of such Referral fee shall be less than 100 Euro. In such event, your payment shall be delayed until the next applicable Payment Date in which the total aggregate sum of the Referral Fees due to you exceeds or equals 100 Euro. In calculating referral fees, Sports365 will deduct the corresponding referral fee from your next payment if a Ticket that generated a referral fee has not been collected.

8. Policies and Pricing. Customers who buy Tickets through this Program or referred to Sports365’s site by using the API Solution will be deemed to be customers of Sports365. Accordingly, all Sports365 rules, policies, and operating procedures concerning customer orders, customer service, and ticket sales will apply to those customers. Sports365 may change its policies and operating procedures at any time. Tickets prices and availability may vary from time to time. Sports365 cannot guarantee the availability or the price of any particular ticket.

9. Responsibility for Your Site. You will be solely responsible for the development, operation, maintenance and contents of Your Site and for all materials that appear on Your Site, including the acts of any agents, subcontractors and/or any other third party service providers which are engaged by You. You will be solely responsible for the accuracy and appropriateness of materials posted on Your Site (including, among other things, all Ticket-related materials) and for ensuring that materials posted on Your site are not libelous or otherwise illegal and/or not violate or infringe upon the rights of any third party (including without limitation, copyrights, trademarks, privacy, or other personal or proprietary rights). Sports365 disclaims all liability for these matters. Further, You will indemnify and hold Sports365 harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of Your Site. Without derogating from the foregoing, Sports365 reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to the right to block and/or discontinue Your participation in the Program.

10. Representations and Warranties by You. You hereby represent and warrant that all promotional means used by you will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities), and that You will not mislead others. You agree to: (i) use ethical and legal business practices, (ii) comply with the applicable program terms, as may updated from time to time and this Agreement, (iii) will not engage in and/or facilitate spamming, including without limitation the most updated CAN SPAM act,  indiscriminate advertising, or unsolicited commercial email or otherwise fail to comply with any applicable laws and/ or regulations that govern email marketing and/or communications.); (iv) in event of You are using PPC (Pay Per Click) methods, You undertake to avoid using any direct linking methods, to refer all third parties to your own  landing page, which shall includes the Special Links to Sports365's website. (v) to avoid using Sports365's trade names, trade marks, logos, domains or any other form similar to them, including the usage of spelling mistakes regarding the aforesaid, on Your website or through the program, in a way that may mislead and/or  manipulate any third party to assume that such link (in any form of it) was advertised by Sports365. (vi) any reference of third parties to the website of Sports365 shall be subject to a proactive approval by the refereed third party. You undertake not to include any automatic referral methods such as, and without derogation form the aforesaid, Pop Up & Pop Under methods, (vii) without derogation from the generality of the aforesaid, to avoid from using and/or provide the Special Links in and/or over newsgroups, chat rooms, instant messaging software, message boards, banner networks, hit farms, counters, or guest books etc. Sports365 may deem certain promotional activities inappropriate and a material breach of this Agreement in Sports365's sole discretion. Sports365 reserves the right to review Your conduct and any suspected fraudulent, abusive or otherwise illegal content or activity by You through promotional methods, which constitutes grounds for immediate termination of this Agreement or deactivation of Your account. Sports365 shall be entitled to terminate this agreement without any prior notice in event of violation the provisions of this Section by You and in addition, to withhold any referral fees due to You.

11. Term and Termination. The term of this Agreement will begin upon Sports365’s acceptance of Your Program 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 7 (seven) days prior written notice of termination. Upon the termination of this Agreement for any reason, You will immediately cease use of, and remove from Your Site, all links to Sports365’s Site, and all Sports365’s trademarks, logos, and all other materials provided by or on behalf of Sports365 to You pursuant hereto or in connection with the Program. In addition, upon the termination of this Agreement for any reason, Sports365 will cancel your access to the API Solution, if such access was previously granted. You are eligible to earn referral fees only on our sales of Qualifying Tickets that occur during the term, and referral fees earned through the date of termination will remain payable subject to actual completion thereof. Sports365 may withhold Your final payment for a reasonable time to ensure that the correct amount is paid.

12. Modification. Sports365 reserves the right to modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on its Site. IN THE EVENT THAT ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON SPORTS365’S SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

13. Relationship of the Parties. Sports365 and You 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 Sports365’s behalf. You may not in any manner misrepresent or embellish the relationship between Sports365 and You, or express or imply any relationship or affiliation between Sports365 and You or any other person or entity except as expressly permitted by this Agreement. 
   
14. Limitation of Liability. Sports365 will not be liable for any indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program (including relating to the API Solution), even if Sports365 have been advised of the possibility of such damages. Further, Sports365’s aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to You under this Agreement.
  
15. Warranty Disclaimers. Except for the warranty made directly to the end-users of Sports365’s Tickets (as detailed in such Tickets end-user licenses), Sports365 makes no express or implied warranties or representations with respect to the Program (including relating to the API Solution) 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, Sports365 makes no representation that the operation of Sports365’s Site will be uninterrupted or error-free, and Sports365 will not be liable for the consequences of any interruptions or errors.

16. Independent Investigation.  
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT SPORTS365 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.

17. Governing Law, Jurisdiction. 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 Sports365 or any of our affiliates shall be exclusively governed by the laws of the State of Israel, without reference to conflict of laws principles. Both parties hereby irrevocably and exclusively submit to the jurisdiction of the appropriate court in Tel-Aviv, Israel to resolve any dispute arising out of or pursuant to this Agreement. Notwithstanding the above, Sports365 may seek injunctive or other appropriate relief in any jurisdiction.

18. Authority to Enter into Agreement - By executing this Agreement, You warrant that you are of legal age and that you have full power and authority to enter and perform your obligations pursuant to Agreement without any prevention.

19. Miscellaneous. You may not assign this Agreement, by operation of law or otherwise, without Sports365’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. Sports365’s failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of Sports365’s right to subsequently enforce such provision or any other provision of this Agreement. In the event that any provision of this Agreement shall be held by a court to be unlawful or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unlawful or unenforceable provision shall be modified to the extent required to make it lawful and enforceable, provided that this Agreement, as so modified, is consistent with the parties original intent.

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