Everfest Premium Promoters Terms of Service
The Everfest Premium Promoters Program (the Program) is a program where 3rd-party promoters, entities and individuals (Promoters) promote Everfest (the Company, Site, we, us, our) and the sale of Everfest Premium memberships (Memberships).
This document (together with the documents referred to on it) sets out the Terms of Service in relation to Promoters use of Everfest. These Terms of Service will apply to Promoter’s online and offline activity. Please read these Terms of Service carefully before you start to use Everfest. By using Everfest, you indicate that you accept these Terms of Service and that you agree to abide by them.
We reserve the right to change these Terms of Service from time to time by posting revised Terms of Service on the Site. Although we may notify you of any revised Terms of Service, you are encouraged to review the Terms of Service on the Site from time to time. Your continued activities in connection with Everfest following the posting of any changes will mean that you accept to be bound by them.
If you do not wish to be bound by these Terms of Service (or any revised terms and conditions) you should notify us immediately, cease accessing the Site and cease all activity in relation to Everfest.
Becoming a Promoter
- To become a Promoter, you must apply at https://everfest.com/terms/paid-promoter-services. Acceptance to the Program is at the sold discretion of Everfest. We reserve the right to reject any application to be a Promoter at our sole discretion.
- To be a Promoter you must do so in your personal and individual capacity only and you cannot register as a Promoter if in doing so you are acting as a representative for any other person with regard to your activities in connection with Everfest, us or any Campaign.
- By accepting these Terms of Service you confirm that you are 21 years of age or more.
- Promoters agree to keep their username and password private and not to share their account details with any other person. Promoters are responsible for all activities that occur under their account (including any unauthorised access or use).
- Promoters agree to immediately notify us if there is or if they suspect there is any unauthorised use of their account.
- We will not be responsible or liable for any loss or damage arising from your failure to comply with the requirements set forth in this section.
- If you are accepted to the Program, you will be issued a promotional code (Code) and a referral link (Link) to track Everfest Premium signups that you refer (Conversions) that do not cancel within 90 days.
- Commissions will only be paid for sales referred through this Code or Link.
- Unless otherwise negotiated and agreed to in writing, standard commissions shall consist of $5 per Conversion.
- Unless otherwise negotiated and agreed to in writing, commissions will be paid out quarterly if $50 of Commissions have been accumulated at that time.
You represent and warrant that you will not:
- advertise tickets and merchandise pursuant to a Campaign on any third party websites (including, for the avoidance Craigslist, Gumtree and eBay) except as otherwise set out in the guidelines provided to you in respect of each Campaign;
- do anything which could damage the brand, reputation or goodwill of us or of any of our Brands;
- restrict, inhibit or prevent any other person from using or enjoying access to Everfest or the Site;
- act in any way that would damage, disable, overburden, or impair the Site or act in a way that would encourage conduct that constituting a criminal offence or give rise to civil liability;
- upload any information, materials or other data that may contain a virus or other harmful component, or false or misleading indications of origin or statements of fact or any material that is obscene, indecent, defamatory or in breach of any third party's rights or otherwise unlawful;
- impersonate any person, allow any person to impersonate you, or misrepresent your affiliation with any person or entity;
- engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information;
- use Everfest or the Site (or any other information obtained from us or via the Site) to operate a service bureau or other revenue-generating service business;
- attempt to gain unauthorised access to other computer systems through the Site or obtain (or attempt to obtain) any materials or information through any means not intentionally made available or provided for on the Site;
- reverse engineer or decompile, disassemble or otherwise reduce any machine-readable part of the Site or any of its component parts to human-readable form;
- create or attempt to create, by reverse engineering or otherwise, the source code or internal structure of the Site or any of its component parts;
- remove any product identification, legend or notices of any proprietary or copyright restrictions from any part of the Site; and
- list or otherwise display or copy any object code underlying the Site or any of its component parts.
If you breach or fail to comply (or we suspect that you have breached or failed to comply) with any of the representations and warranties set out in this section, we shall (at our sole discretion) be entitled to suspend and/or terminate your access to the Site and your role as a Promoter.
Rights and Ownership
You acknowledge and agree that as between you and us, we (or our licensors) own any and all rights (including intellectual property rights) in or relating to the Brands, Everfest, and the Site (including its look and feel, design and architecture and all related software, codes and algorithms).
Termination and Suspension
Without prejudice to any other provisions in these Terms of Service we shall be entitled to terminate your password, account or use of Everfest or the Site (or any part of it), and remove and discard any content on the Site, for any reason, including for lack of use or if we believe that you have violated or acted inconsistently with these (or the spirit of these) Terms of Service. We may also at any time suspend or discontinue the provision of Everfest or the Site, or any part of it, with or without notice. You agree that any termination of your access to Everfest and the Site under any provision of these Terms of Service may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or any of the facilities provided on or via Everfest or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to Everfest and the Site.
Termination or suspension shall not affect any other rights, remedies or other forms of relief to which we may be entitled.
Limitation of Liability / Disclaimers
- In no event will we be liable for any indirect, incidental, special or consequential losses or for exemplary damages or for any direct or indirect loss of profits, goodwill, use, data or other such losses, including without limitation any such loss or damages arising out of or in any way connected with: (1) the use of Everfest and/or the Site or any delay or inability to use Everfest and/or the Site, or (2) any information, materials, data or services provided or obtained from us and/or via the Site (including in respect of their accuracy, suitability, completeness or legality), or (3) our discontinuation of any Campaign, Everfest and/or the Site (or any part of it), whether based on contract, tort, strict liability or otherwise, and even if we have been advised of the possibility of such losses or damages.
- Nothing in these Terms of Service shall exclude or limit any liability for death or personal injury arising from negligence or fraudulent misrepresentation.
- We shall not be in breach of these Terms of Service nor bear any responsibility or liability for any losses arising out of any delay or failure in the performance of our obligations under these Terms of Service due to events beyond our reasonable control including: fire, storm, flood or other Acts of God; war or the threat of war or acts of terrorism or similar; contamination; riot or other manifestation of civil disorder; strike, lockout or other forms of labour difficulties; any act, order, rule or regulation of any court, government agency or public authority; an absence of power or other essential services; failure of technical facilities; failure of the internet; failure or delay of transportation (beyond our reasonable control); non-performance by suppliers and/or sub-contractors arising through no fault of us; and/or any similar or dissimilar cause beyond the reasonable control of us.
- Nothing in these terms and conditions will render you an employee, agent or partner of Everfest.
- You will execute such documents and perform such acts as may reasonably be required in order to give full effect to these terms and conditions and the rights expressed to be granted or transferred under these Terms of Service.
- You acknowledge and agree that the warranties, disclaimers and limitations in these Terms of Service are material terms and that they have been taken into account in the decision by us to provide Everfest and the Site to you.
- You may not assign any of your rights, obligations, duties or privileges hereunder without the prior, written consent of us. Any such assignment shall be invalid in the absence of such consent.
- If any provision of these Terms of Service are deemed to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.
- These Terms of Service and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
- No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
- The headings used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service.
- These Terms of Service shall be governed by and construed in accordance with the laws of the United States.