AFFILIATE POLICY

This Agreement contains the complete terms and conditions that apply to Affiliate’s participation in the eTiqket Network of Hosplanet Sdn Bhd. (the “Program”). Carefully read these terms and conditions, which represent a legally binding agreement between Hosplanet Sdn Bhd. (“we” or “eTiqket”) and you (“you” or “Affiliate, Reseller, Referral”). As used in this Agreement, “Site” means, depending on the context, either www. eTiqket.com, www.tiqket.co or the website owned or controlled by Affiliate, on which Affiliate will place Links (as defined below) to eTiqket.com. Affiliate acknowledges that its participation in the Program will require Affiliate to use the eTiqket Network™, and that eTiqket may require Affiliate to agree to certain terms and conditions prior to Affiliate’s use of the eTiqket Network.

  1. ENROLLMENT IN THE PROGRAM

Affiliate shall submit a completed Program application through the eTiqket Network to begin the enrollment process. eTiqket will evaluate your application and notify you if the application is accepted or rejected. eTiqket may reject Affiliate’s application for any reason, in eTiqket’s sole discretion, including if eTiqket determines that Affiliate’s Site is unsuitable for the Program. Unsuitable sites include, without limitation, those that contain illegal, offensive, infringing content or content that eTiqket otherwise deems offensive. If Affiliate is accepted into the Program, Affiliate shall notify eTiqket in writing of any significant changes to the content or structure of Affiliate’s Site within ten (10) days of such change(s).

The eTiqket affiliate program is a program whereby participating individuals or organisations can earn money by promoting eTiqket to visitors to their websites. This program is aimed at prominent websites and portals that need to earn cash for referrals rather than vouchers. Most people should use our referral program instead.

In order to become an affiliate, you first need to register as an agent on eTiqket, and then fill in the affiliate application online.

You will earn an agreed fee of the value of the first order for each customer that you refer. Earnings for a referred customer become eligible for payment when that customer's first eTiqket order is completed. If that customer subsequently returns items on that order to eTiqket for credit, no referral fee will be payable for that customer.

Affiliate earnings are calculated and paid monthly as long as the cumulative affiliate commission is greater than Rm100. The calculation of the amount will take into account orders that were completed in the previous month and will also include a commission from previous months if the Rm100 payment threshold has not been met.

 

  1. LINKS

Referrals are tracked using a “cookie” that is set when the person clicks on one of your specially formatted links. You will be given the format of your links when become an affiliate.

When one of your affiliate links is clicked, we will set a “cookie” on the web browser of the person who clicked the link. The result is that if the person uses that browser to register on eTiqket before the cookie expires, then you will be recorded as that person's referrer. The cookies that we set expire after a month. If the person already has one of our referral cookies set when your link is clicked, the existing cookie takes precedence.

Referrals are only recorded using the mechanism above. We cannot change or set a person's referrer once that person has registered on eTiqket.

eTiqket code and may include banners, text, search boxes, buttons, or other graphics or devices. All Links used in the Program shall be served by the eTiqket Network. eTiqket 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. eTiqket will not be responsible for errors that occur in the tracking of transactions if Affiliate has made or caused any such modification.

Affiliate shall only post Links approved by eTiqket. Approved Links will be made available to Affiliate through the eTiqket Network upon Affiliate’s acceptance into the Program. The affiliate may also post on its Site links obtained directly from e-mails and quarterly newsletters received from eTiqket. Any deviations from the guidelines and treatment described in this Agreement must be approved in advance and in writing by eTiqket. eTiqket may at any time, without prior notice, remove the Links described above, require Affiliate to remove the Links, or dynamically replace the eTiqket creative or text with creative or text suitable to eTiqket in eTiqket’s sole discretion.

The affiliate may use Links within e-mails that Affiliate sends to registered users of the Affiliate Site. The use of such Links is subject to all of the requirements and restrictions respecting Links generally as outlined in this Agreement. E-mails making reference to eTiqket, which include Links, or that concern any other aspect of the Program, may be sent only to individuals who have elected to receive such e-mails. “Spamming,” including the sending of unsolicited electronic communications, will not be tolerated and may lead to termination of this Agreement. You will not be entitled to any Referral Fees generated through Spamming tactics. Affiliate shall comply with any and all regulations, statutes and applicable laws of Malaysia or any other state, country or jurisdiction related to e-mail, and/or electronic communications. It is the Affiliate’s responsibility to be aware of all such regulations, statutes and laws.

 

  1. OTHERS

You may not make use of affiliate or referral links as part of a eTiqket funded campaign. For example, if we have opted to buy paid advertising on your web site, or if you are charging eTiqket for clicks or impressions, then the links that you use may not include your affiliate or referrer id.

The affiliate program is only applicable to owners of their own website, for example you cannot apply for a link that is intended for a Facebook business page.

You may not include links on your website if your website contains material that is of an offensive, racist, or pornographic nature.

In connection with your participation in the program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws that govern marketing email.

If we change the affiliate fees, then the new fees will apply to all referrals that become eligible for payment from that point onward, even if the referred customer registered before the change.

Payment will only be processed to a Malaysia bank account, and we cannot process payment to any international banks.

Any product-related data provided by eTiqket to you is to be used only on your website as specified on your affiliate application and approved by eTiqket and may only be used for the purpose of driving web traffic to eTiqket, and increasing the sales of eTiqket. This applies to all data provided by eTiqket in the original form and also parts and modified versions thereof. Any page on your website that makes use of product information provided by eTiqket must have a clear and visible link to relevant product page or pages on the eTiqket website. Product data must be treated confidentially and may not be disseminated to third parties other than as outlined above.

  1. TRANSACTION PROCESSING

eTiqket will process transactions placed by customers who follow Links from Affiliate’s Site to the eTiqket Site. eTiqket reserves the right to reject transactions that do not comply with any reasonable requirements that eTiqket may periodically establish. eTiqket will be responsible for all aspects of transaction processing and fulfilment. Among other things, eTiqket will prepare order forms; process payments, cancellations, and handle customer service. eTiqket will track transactions made with customers who purchase products using Links and generate reports summarising this sales activity which will be available to Affiliate through the eTiqket Network. The form, content, and frequency of the reports are limited to those reports and capabilities available through the eTiqket system. eTiqket is not responsible for any changes that eTiqket may make in their reporting format, timing, or types of reports available to members of eTiqket and the Program. To permit accurate tracking, reporting, and fee accrual, Affiliate shall ensure that Links are appropriately formatted. eTiqket will not be responsible for improperly formatted Links.

  1. QUALIFIED TRANSACTIONS

eTiqket will pay Referral Fees (as defined below) to Affiliate for tickets purchased in Qualified Transactions (as defined below). For the purposes of this Agreement, a “Qualified Transaction” means a transaction whereby a customer:

  • uses a Link to enter the eTiqket Site;
  • purchases one or more eTiqket tickets using eTiqket’s automated purchase system; and
  • remits full payment to eTiqket. If a customer initially visits the eTiqket Site using a Link, any transaction completed by that customer on the eTiqket Site within the return day period specified, whether or not via a Link, will count as a Qualified Transaction if it otherwise meets the requirements of this Section and the Agreement.

eTiqket does not accept responsibility for customers who may delete or otherwise not accept cookies used to track return visits to the eTiqket Site and cannot be held to honour Referral Fees for such untracked return visits. eTiqket will not pay Referral Fees for any items other tickets purchased in Qualified Transactions (as defined in this Agreement). This means that Ticketfly will not pay you for transactions that, among other things, result from a link directly to eTiqket.com or tiqket.co from any Internet site other than your Site, such as from a Sponsored Link as set forth in this Agreement. This also means that you will not be entitled to Referral Fees for tickets sold that are ultimately returned or refunded.

  1. AFFILIATE, RESELLER AND REFERRAL FEES

Referral Fees means the fees eTiqket will pay Affiliate based on the number of Qualified Transactions generated by the Affiliate Site, in accordance with the fee schedule set forth below.

  • Ticketfly will pay Affiliate as per the agreed fee per ticket purchased as part of a Qualified Transaction.
  • Referral fees will not be paid on Parking Passes, VIP packages, Camping spaces, or any other available extras that are not tickets.
  • Referral Fees will not be paid for any Qualified Transaction during the first 48 hours a eTiqket ticket is available to the public through the eTiqket automated purchase system.
  1. FEE PAYMENT

eTiqket will pay Affiliate the Referral Fees on a rolling basis through the eTiqket Network, on the 20th of each month following a qualified transaction. Ticketfly pays eTiqket for the Referral Fees earned on Qualified Transactions that were purchased during the month, less any taxes that eTiqket is required by law to withhold. eTiqket disburses the Affiliate’s commission payments. Affiliate may track the number of Qualified Transactions and associate Referral Fees through eTiqket’s Affiliate Reporting interface. eTiqket does not make any guarantee of a minimum amount of business or that Affiliate will earn any amount of Referral Fees under this Agreement.

 

 

  1. POLICIES PRICING

Customers who buy products through the Program will be deemed to be customers of eTiqket. Accordingly, all eTiqket.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 eTiqket.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 eTiqket price information on Affiliate’s Site. eTiqket will use commercially reasonable efforts to present current and accurate information, but cannot guarantee the availability or price of any particular event.

  1. RESTRICTION ON CLIENT-OWNED EVENTS

While eTiqket clients may enrol in the Program, they may not earn commissions on sales of tickets to their own events. Attempts to violate this policy constitute a breach of this Agreement and may subject the affiliate to termination.

  1. PROMOTION OF AFFILIATION WITH eTiqket

Affiliate may not in any manner misrepresent or embellish the relationship between the parties. While eTiqket requests that Affiliate identify itself on its Site as a member of the eTiqket Affiliate Network, Affiliate shall not otherwise engage in any promotions which name eTiqket or imply any relationship or affiliation between the parties including, but not limited to, press releases, marketing materials, offline print advertising or marketing campaigns, media kits, screen shots, graphics altered for co-branding or any other format or media. Any such promotion will be considered grounds for immediate termination of this Agreement and may invoke further legal action.

  1. LIMITED LICENSE FOR THE TERMS

eTiqket hereby grants to Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links and to access the eTiqket Site through the Links solely in accordance with the terms of this Agreement, and for the term of this Agreement.

No Agency. Tiqket and Reseller each acknowledge and agree that the relationship established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to:

  • give either party the power to direct or control the day to day activities of the other;
  • deem the parties to be acting as partners, joint venturers, co-owners or otherwise as participants in a joint undertaking; or
  • permit either party or any of either party’s officers, directors, employees, agents or representatives to create or assume any obligation on behalf of or for the account of the other party for any purpose whatsoever.

 

  1. BRANDING

Technical Integration. Reseller shall provide eTiqket with branding materials for delivering customized versions of the Service as specified in White Label Policy. Reseller hereby grants eTiqket a limited, royalty-free license to use the White Label Materials during the Term and any Continuation Period solely to provide the rebranded Service. eTiqket will promptly rebrand any Modifications of the Service requiring rebranding. In addition, the parties shall perform such technical integration tasks as specified in White Label Policy to facilitate the rebranding.

(a)    Reseller’s Efforts. Reseller shall:

(i)  keep eTiqket promptly informed as to any problems encountered by End Users or by Reseller or any Channel Partner with the Service, and to communicate to eTiqket any resolution or proposed resolutions relating to such problems, via the proper points of contact as provided by eTiqket; and

(ii) maintain accurate records of all End Users , Channel Partners and other parties to which Reseller sells Subscriptions, including the names and addresses of such parties, the Subscription start and end dates, and the eTiqket Terms and Reseller Terms therefor.

(b)    Promotional Materials; Marketing. eTiqket will provide Reseller with a reasonable amount of sales and marketing material in English relating to the Service. The parties will agree on the form of the customized material to be used by Reseller, and each party will bear its own costs associated with the creation and reproduction of such customized material. Reseller shall adhere to eTiqket’s branding and marketing guidelines and restrictions as provided to Reseller by eTiqket.

(c)    Publicity. During the Term, subject to the other party’s prior written approval, each party may post on its web site the other party’s logo and/or hyperlink to the other party’s web site, use the other party’s name in connection with proposals to other prospective customers and otherwise refer to the other party and the Service and service offering contemplated hereby in print or electronic form for marketing or reference purposes.

(d)    Billing. During the Term, Reseller shall be solely responsible for billing End Users and Channel Partners for their use of the Service or sales of Subscriptions, as applicable.

(e)    Trademark Usage.

  1. i) eTiqket hereby grants to Reseller a non-exclusive license during the Term to use eTiqket’s trademarks in the Target Market and solely for display or advertising purposes in connection with marketing, promoting, and resale of the Service in accordance with this Agreement.
  2. ii) Reseller hereby grants to eTiqket a non-exclusive license during the Term and any Continuation Period to use Reseller’s trademarks included in the White Label Materials solely to create the rebranded Service.

iii)    Upon expiration or termination of this Agreement, each party’s right to use the others’ trademarks shall cease and each party shall immediately remove any reference to the other party from its website(s) and from any marketing materials or documentation, except that eTiqket may continue to use Reseller’s trademarks solely to provide the rebranded Service to any End Users with Subscriptions continuing after termination of the Agreement for the remaining term of such Subscriptions.

  1. iv) Neither party grants any rights in its trademarks, trade name, service mark, business name or goodwill of the other except as expressly permitted hereunder or by separate written agreement of the parties.
  2. eTiqket’s MARKETING AND PUBLICITY

eTiqket may publicly refer to you, orally or in writing, as an Affiliate and we may publish your name and/or logo (with or without a link to your Application) on our Website, in press releases, and in promotional materials without your prior consent.

  1. NONSOLICITATION

During the Term and for one year thereafter, neither party shall, directly or indirectly, solicit or hire any employees of the other party. General advertising or job postings not specifically directed at the other party will not be deemed to be a breach of this provision.

  1. RESPONSIBILITY FOR AFFILIATE’S SITE

Affiliate will be solely responsible for the development, operation, and maintenance of Affiliate’s Site and for all content that appears on such Site. Such responsibility includes, without limitation:

  • the technical operation of Affiliate’s Site and all related equipment;
  • the accuracy, timeliness and appropriateness of content posted on Affiliate’s Site;
  • ensuring that posted materials do not violate or infringe upon the rights of any third party;
  • ensuring that posted content is not libelous or otherwise illegal. Affiliate shall not use any eTiqket proprietary materials in a manner that is disparaging or that otherwise portrays eTiqket in a negative light.

 

  1. SPONSORED LINKS

Affiliate shall not use, procure, bid on, or otherwise arrange for a Sponsored Link (defined below) on any Internet search engine, portal, sponsored advertising service or other search or referral service (a “Service”) which Sponsored Link uses or includes the terms “eTiqket,” “eTiqket.com,” or any other trademarks, trade names, service marks, corporate names, or other similar general intellectual property right owned or licensed by eTiqket or any parent, subsidiary, or other affiliate of eTiqket.

  

  1. TERMINATION

Either eTiqket or you may close the affiliate account at any time and without notice. In the event of such termination, you agree to remove all links to eTiqket from your website and delete all product-related data provided by eTiqket from your computers within 14 days of the closure of the affiliate account, including data in original form and also parts and modified versions thereof. No commissions accrue to closed accounts.

These affiliate program guidelines should be read in conjunction with the normal   Terms and Conditions of Use.

  1. RELATIONSHIP OF PARTIES

The parties are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on our behalf. Affiliate will not make any statement, whether on the Affiliate Site or otherwise, that reasonably would contradict anything in this Section.

  1. INDEPENDENT INVESTIGATION

Affiliate acknowledges that it has read this Agreement and agrees to all its terms and conditions. Affiliate understands that eTiqket may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with Affiliate’s site. Affiliate has independently evaluated the desirability of participating in the Program and is not relying on any representations or statements other than as set forth in this Agreement.

This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreement, whether written or oral.

  1. RESTRICTIONS

Reseller shall not appoint any other person, firm, or entity as a reseller, sub-distributor or agent for the Service. Nothing in this Agreement shall be construed to give Reseller a right to use, or otherwise obtain access to, any source code from which the Service is compiled or interpreted, and Reseller shall not reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or obtain any such source code. Other than resale of access to the Service subject to the eTiqket Terms and as specifically contemplated in this Agreement, Reseller shall not assign, sublicense, market, sell, lease, rent, distribute, convey, timeshare or otherwise transfer, or pledged as security or otherwise encumber, the rights granted hereunder with respect to the Service. Reseller shall not allow any party to access or use the Service other than as provided in this Agreement.

(b)    eTiqket Terms. The reseller shall ensure that each End User accepts the eTiqket Terms prior to being granted access to the Service.

  1. DISCLAIMERS

eTiqket is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site,  by third parties or by any of the equipment or programming associated with or utilised in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. eTiqket is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. eTiqket assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. eTiqket is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

 

THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, AND THE SHARE SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND eTiqket DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. eTiqket CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. eTiqket DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

eTiqket reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by eTiqket.

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