Eventbrite Affiliate Program Terms and Conditions

These Eventbrite Affiliate Program Terms & Conditions (“Agreement”) contain terms and conditions that apply to your participation as an Affiliate (as defined below) in Eventbrite’s Affiliates Program (“Program”) and the establishment of links (“Affiliate Links”) from your website or digital location to any website, mobile application or digital platform owned, operated, or controlled by Eventbrite, Inc. or its affiliates (collectively, and each, “Eventbrite Domain”), which may be extended in the future with notice.

As used in this Agreement, “we,” “our,” and “Eventbrite” mean Eventbrite, Inc. and/or its affiliates and “you” and “your” mean the Affiliate.

To participate in our Affiliate Program (the “Program”), you must accept this Agreement without modification. By registering for the Program, you agree to this Agreement, applicable Program Policies, and Insertion Orders, which are incorporated by reference.  Please read them carefully.

1. Description of the Program

The Program permits you to monetize your website or social media user-generated content (your “Site”), by placing Affiliate Links on your Site.

You will be provided an Affiliate Link that is unique to you. When our users click through or engage with your Affiliate Link and take a qualifying action on an Eventbrite Domain, you can receive referral fees (“Referral Fees”), as further described in (and subject to the limitations in) this Agreement and applicable Program Policies and Insertion Orders (respectively defined below). 

We may make available to you data, images, text, link formats, widgets, links, marketing content, and other linking tools, application program interfaces, and other information in connection with the Program (“Program Content”). Program Content specifically excludes any data, images, text, or other information or content relating to products or services on any site other than an Eventbrite Domain.

2. Eligibility

To participate in the program and receive Referral Fees, you must (i) be 18 years old or the age of majority in your jurisdiction, (ii) be able to enter into a commercial relationship as a sole proprietor, partnership or company, (iii) not be a current Eventbrite organizer customer or holder of an active organizer account on any Eventbrite Domain and (iv) comply with this Agreement. 

3. Program Compliance Requirements

Legal Compliance.  You must comply with this Agreement and all applicable laws, rules, and regulations to participate in the Program and receive referral fees.  This includes, but is not limited to, compliance with the requirement to make proper and appropriate disclosures in compliance with the Endorsement and Testimonial Guidelines published by the United States Federal Trade Commission, or any other applicable law, regulation, code or guidelines in your jurisdiction (“Guidelines”). In addition to other measures that you take to comply with the Guidelines, you must clearly and prominently state the following, or any substantially similar statement previously allowed under this Agreement, on your Site or any other location where Eventbrite may authorize your display or other use of Affiliate Links or Program Content: “As an Eventbrite Affiliate, I earn from qualifying ticket purchases and paid events published on Eventbrite.”  Except for this disclosure, and other than as required by applicable law, you will not make any public communication with respect to this Agreement or your participation in the Program without our advance written permission. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.

You agree that you are solely responsible for your compliance with, and Eventbrite will have no liability for your violations of, the Guidelines and all applicable laws, rules, and regulations.

Prohibited Sites.  Eventbrite reserves the right, in its sole discretion, to prohibit certain categories of Sites from posting Affiliate Links.  Affiliate Links may not be posted on Sites that:

• Contain or promote materials that are sexually explicit or that could be deemed obscene, pornographic or excessively violent;

• Promote violence or hate towards any persons or groups;

• Promote discrimination based on race, sex, age, religion, nationality, disability or sexual orientation;

• Promote illegal activities;

• Promote the sale or use of tobacco products, alcohol products or gambling;

• Violate any federal, state or local law (including privacy and “spam” laws);

• Contain material that, in our sole judgment, is defamatory, fraudulent or harassing;

• Misrepresent themselves as an Eventbrite website by using the “look and feel” of or text from our site;

• Include “Eventbrite” or variations or misspellings thereof in their domain names;

• Otherwise violate intellectual property rights of Eventbrite or its affiliates;

• Infringe on Eventbrite’s or any third party’s intellectual property, publicity, privacy or other rights;

• Do not clearly post an online privacy policy;

• Link to or provide a portion of their referral fee or Affiliate benefits to sites or organizations that violate any or the above criteria;

• Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information;

• Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate referral fees from another website; or

• Are otherwise considered, in Eventbrite’s sole judgment, offensive or inappropriate; or

• Any other Site where applicable law prohibits posting Affiliate Links.

Prohibited Activities.  As a condition to your acceptance and participation in this Program, you agree that you will not undertake or engage in the following practices, and any violation of these prohibitions may result in immediate termination from the Program:

• Making any misrepresentations regarding Eventbrite, event organizers, or events listed on an Eventbrite Domain;

• Using the Eventbrite name, or any variation thereof, in any manner not expressly authorized by this Agreement;

• Using any data provided to you by Eventbrite to promote services that compete with Eventbrite;

• Using or otherwise incorporating the word “Eventbrite” or variations or misspellings thereof in the domain name(s) of your site(s), or in hidden text or source code;

• Bidding on Eventbrite brand keywords, variations or misspellings, or keyword strings in search engines or content networks;

• Using Eventbrite brand keywords, keyword strings or variations or misspellings thereof in the headline, display URL or description of pay-per-click ads or ads or content network ads;

• Using your Affiliate Link as the destination URL in any paid advertisement (i.e., “direct linking”);

• Engineering your site in such a manner that pulls internet traffic for keywords away from Eventbrite.com via search optimization or otherwise; 

• Engage or encourage incentivized clicks, paid-to-click schemes, click farms, bot traffic, or any other artificial means of generating clicks, impressions, or conversions on Affiliate Links. This includes offering rewards, payments, or other incentives to users for clicking on Affiliate Links or completing actions on Eventbrite Domains.

• Scrape, harvest, copy, or republish Eventbrite event listings, event details, pricing information, promotional codes, coupons, or any other content from Eventbrite Domains without express written permission. 

• Any other action prohibited in the applicable Insertion Order (as defined below).

You must promptly provide us with any information that we request to verify your compliance with this Agreement. In addition we may (a) monitor, record, use, and disclose information about your Site and users of your Site that we obtain in connection with your display of Affiliate Links and Program Content (for example, that a particular Eventbrite customer clicked through an Affiliate Link from your Site before buying a ticket on an Eventbrite Domain), (b) review, monitor, crawl, and otherwise investigate your Site to verify compliance with this Agreement, and (c) use, reproduce, distribute, and display your logo and implementation of Program Content displayed on your Site as examples of best practices in our educational materials. For information on how we process personal information, please see our Privacy Policy.

If you violate this Agreement, misuse the Eventbrite brand, or violate terms and conditions of any other applicable Eventbrite agreement, then, in addition to any other rights or remedies available to us, we reserve the right to permanently (to the extent permitted by applicable law) cease payment of (and you agree you will not be eligible to receive) any and all Referral Fees otherwise payable to you under this Agreement and claw back previously paid Referral Fees, whether or not directly related to such violation without notice and without prejudice to any right of Eventbrite to recover damages in excess of this amount. 

4. Referral Fees

Dates, timelines, Referral Fees, and payment terms will be specified in the documented instructions regarding Referral Fee payouts and policies, timeline and scheduling that we provide you (an “Insertion Order”).  Unless otherwise specified in the applicable Insertion Order, purchases by a user made within seven (7) calendar days of that user clicking your Affiliate Link will be eligible for a Referral Fee. Eventbrite reserves the right to verify purchases and your compliance with this Agreement, Program Policies, and applicable Insertion Order(s) to determine, in its sole discretion, whether the transaction is eligible for a Referral Fee. 

Referral Fees will remain payable only if the user does not request a refund of the applicable transaction, and Eventbrite reserves the right to claw back previously paid Referral Fees if the applicable transaction is refunded.

All determinations of whether a Referral Fee is payable will be made by Eventbrite and will be final and binding.

To permit accurate tracking and fee accrual, you must ensure that the links between your site and the Eventbrite Domain are properly formatted. Eventbrite will not be responsible for improperly formatted links regardless of whether you have made amendments to the code or not. Eventbrite is unable to track or provide Referral Fees for users that are referred to us with browsers that do not have their cookies setting enabled or are using ad blocking technologies or similar technology that impacts Eventbrite’s ability to track and attribute the transaction.

5. Eventbrite Users 

Eventbrite users are not, by virtue of your participation in the Affiliates Program, your users. You will not handle or address any contacts with any of our users, and, if contacted by any of our users for a matter relating to interaction with an Eventbrite Domain, you will state that those customers must follow contact directions on that Eventbrite Domain to address customer service issues. 

6. Warranties 

You represent, warrant, and covenant that (a) you will participate in the Affiliates Program and create, maintain, and operate your Site in accordance with this Agreement, (b) neither your participation in the Affiliates Program nor your creation, maintenance, or operation of your Site will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (c) you are lawfully able to enter into contracts (e.g., you are not a minor or otherwise legally prevented from contracting), (d) you have independently evaluated the desirability of participating in the Affiliates Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement, (e) you will not participate in the Affiliates Program or use any other Service Offerings if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using any Service Offering; (f) you will comply with all applicable U.S. export and re-export restrictions, and applicable non-US export and re-export restrictions consistent with U.S. law, that may apply to goods, software, technology and services, and (g) the information you provide in connection with the Affiliates Program is accurate and complete at all times.

We do not make any representation, warranty, or covenant regarding the amount of traffic or commission income you can expect at any time in connection with the Affiliates Program, and we will not be liable for any actions you undertake based on your expectations. 

7. Term and Termination

The term of this Agreement will begin upon your registration for the Program. You may terminate this Agreement at any time with 7 calendar days' written notice to us. We may terminate this Agreement at any time, with or without cause, effective immediately upon written notice to you (automatically and without recourse to the courts, if permitted under applicable law). 

In addition, we may terminate this Agreement or suspend your account immediately upon written notice to you for any of the following: (a) you are in material breach of this Agreement; (b) we believe that we may face potential claims or liability in connection with your participation in the Affiliates Program; (c) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Affiliates Program; (d) your participation in the Affiliates Program has been used for misleading, deceptive, fraudulent or illegal activity; (e) we believe that we are or may become subject to tax collection requirements in connection with this Agreement or the activities performed by either party under this Agreement; (f) we have previously terminated this Agreement (or suspended your account) with respect to you or other persons that we determine are affiliated with you or acting in concert with you for any reason, or (g) we have terminated the Program as we generally make it available to participants. For the avoidance of doubt and without limitation for purposes of the foregoing subsection (a) any violation of Sections 2 and 3 and as specified in the Program Policies or the applicable Insertion Order(s) will be deemed a material breach of this Agreement. Upon suspension or termination, all commission accrual shall immediately cease, and no further Referral Fees will be earned on any activity occurring after the effective date of such suspension or termination.

We may hold accrued unpaid Referral Fees for a reasonable period of time following termination to ensure that the correct amount is paid (for example, to account for any refunds). In cases where we suspect non-compliance with this Agreement, fraudulent activity, or violation of applicable laws, we may permanently withhold and forfeit any pending Referral Fees without payment to you.

Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, including any and all licenses granted in connection with this Agreement, except that the rights and obligations of the parties under Sections 3 (Program Compliance Requirements), Section 5 (Eventbrite Users), Section 6 (Warranties), Section 7 (Term and Termination), Section 9 (License), Section 10 (Limitation of Liability), Section 12 (Taxes), the Governing Law; Venue subsection of Section 15 of this Agreement and as specified in the Program Policies and the applicable Insertion Order(s), together with any payable but unpaid payment obligations under this Agreement, will survive the termination of this Agreement. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination. 

8. License 

We grant you a non-exclusive, non-transferable, revocable license to access Eventbrite Domains, Program Content, our logos, trade names, trademarks and similar identifying material (collectively, the “Licensed Materials”) solely in connection with your use of Affiliate Links in compliance with the terms of this Agreement, Program Policies, and applicable Insertion Order(s).

You acknowledge that this Agreement does not provide you with any intellectual property rights in the Licensed Materials other than the limited rights contained herein. We reserve all of our rights in the Licensed Materials and all of our other proprietary rights. You may not sublicense, assign or transfer any such licenses for the use of the Licensed Materials, and any attempt at such sublicense, assignment or transfer is void. We may terminate your license to use the Licensed Materials for any reason at any time in our sole and absolute discretion.

You may use the Licensed Materials only for purposes expressly authorized by us and follow the below limitations:

• You may not use Licensed Materials in emails and newsletters unless we provide advance written approval to you and the use is fully compliant with all applicable laws and regulations, including the CAN-SPAM Act and the email marketing laws of your jurisdiction. 

• You may not alter, modify, or change the Licensed Materials in any way; for example, you may not change the proportion, color, or font of any trademark.

• You may not display the Licensed Materials in any manner that implies our sponsorship or endorsement of your products, services or site outside of your involvement in the Program.

• You may not use the Licensed Materials to disparage Eventbrite, its products or services, or in a manner that, in our sole judgment, may diminish or otherwise damage the goodwill in our name and the Licensed Materials.

• You may not use the Licensed Materials as a feature or design element of any other logo.

• Your use of the Eventbrite name or logo shall be in a manner that is clearly less prominent than that of your products, trademarks, logos and/or site name.

• You may not copy any image on our site except for Affiliate Links and Program Content specifically provided to you under this Agreement.

We reserve the right in our sole discretion to modify these guidelines at any time with notice and the right to take action against and use that does not conform to these guidelines.

9. Disclaimers 

The Program, the Eventbrite Domain, any products and services offered on the Eventbrite Domain, any special links, link formats, content, data feed, advertising content, our and our affiliates’ domain names, trademarks and logos (including the Eventbrite marks), and all technology, software, functions, materials, data, images, text, and other intellectual property rights, information and content provided or used by or on behalf of us or our affiliates or licensors in connection with the Program (collectively the “Service Offerings”) are provided “as is” and “as available”. Neither we nor any of our affiliates or licensors make any representation or warranty of any kind, whether express, implied, statutory, or otherwise, with respect to the Service Offerings. We and our affiliates and licensors disclaim all warranties with respect to the Service Offerings, including any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement and any warranties arising out of any law, custom, course of dealing, performance, or trade usage. We may discontinue any service offering, or may change the nature, features, functions, scope, or operation of any Service Offering, at any time and from time to time. Neither we nor any of our affiliates or licensors warrant that the Service Offerings will continue to be provided, will function as described, consistently or in any particular manner, or will be uninterrupted, accurate, error free, or free of harmful components. Neither we nor any of our affiliates or licensors will be responsible for (a) any errors, inaccuracies, viruses, malicious software, or service interruptions, including power outages or system failures or (b) any unauthorized access to or alteration of, or deletion, destruction, damage, or loss of, your site or any data, images, text, or other information or content. No advice or information obtained by you from us or from any other person or entity or through the service offerings will create any warranty not expressly stated in this agreement. Further, neither we nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with (x) any loss of prospective profits or revenue, anticipated sales, goodwill, or other benefits, (y) any investments, expenditures, or commitments by you in connection with your participation in the affiliates program, or (z) any termination or suspension of your participation in the Program. Nothing in this Section 9 will operate to exclude or limit warranties, liabilities, or representations that cannot be excluded or limited under applicable law. 

10.  Limitations on Liability

Neither we nor any of our affiliates or licensors will be liable for indirect, incidental, special, consequential, exemplary damages, or any loss of revenue, profits, goodwill, use, or data arising in connection with the service offerings, even if we have been advised of the possibility of those damages. Further, our aggregate liability arising in connection with the Service Offerings will not exceed the total commission income paid or payable to you under this Agreement in the twelve months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred. You hereby waive any right or remedy in equity, including the right to seek specific performance, injunctive or other equitable relief in connection with this agreement. Nothing in this paragraph will operate to limit liabilities that cannot be limited under applicable law. 

11.  Indemnification

To the maximum extent permitted by applicable law, we will have no liability for any matter directly or indirectly relating to the creation, maintenance, or operation of your site (including your use of the service offerings) or your violation of this Agreement, the Guidelines, or applicable laws, rules, or regulations, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes, (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your site, (c) your use of any service offering, whether or not such use is authorized by or violates this Agreement or applicable law, (d) your violation of any term or condition of this Agreement (including any Program Policy (as defined below) or applicable Insertion Order(s)), the Guidelines, or applicable laws, rules, or regulations, (e) your taxes and duties or the collection, payment, or failure to collect or pay your taxes or duties, or the failure to meet tax registration obligations or duties, or (f) your or your employees' or contractors’ negligence or willful misconduct. We or our nominee may take legal action and perform any procedural act on behalf of any Eventbrite party, including through special mandate, to exercise or defend a legal claim or for the protection of rights, including for the purpose of enforcing this section. 

12.  Taxes

We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any amounts payable to you under the Program. From time to time, we may request tax information from you. If we request tax information from you and you do not provide it to us, we reserve the right (in addition to any other rights or remedies available to us) to hold your commission income until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.

13.  Program Policies

This Agreement incorporates, and you agree to comply with, the most up-to-date version of all policies, appendices, specifications, guidelines, schedules, and other rules referenced in this Agreement and any other policies that apply to tools, subprograms, and features made available to you under the Program (“Program Policies”), including any updates of the Program Policies from time to time. In the event of any conflict between this Agreement and any Program Policy, this Agreement will control. In the event of a conflict between this Agreement and your agreement with an Eventbrite affiliate under a separate affiliate marketing program that agreement will control with respect to such separate program. This Agreement (including the Program Policies and applicable Insertion Order(s)) is the entire agreement between you and us regarding the Program and supersedes all prior agreements and discussions.

14.  Confidentiality

Any information relating to Eventbrite or any of its affiliates that we provide or make accessible to you in connection with the Program that is not known to the general public or that reasonably should be considered to be confidential is Eventbrite’s “Confidential Information” and will remain Eventbrite’s exclusive property. You will use Confidential Information only to the extent reasonably necessary for your performance under this Agreement and ensure that all persons or entities who have access to Confidential Information in connection with your account will be made aware of and will comply with the obligations in this provision. You will not disclose Confidential Information to any third party (other than your affiliates bound by confidentiality obligations) and you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. This restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties and will apply for the term of the Agreement and 5 years after termination.

15.  Additional Provisions

Competing Sites and Methods of Soliciting Traffic. You acknowledge and agree that (a) we and our affiliates may at any time (directly or indirectly) solicit traffic on terms that may differ from those contained in this Agreement, and (b) we and our affiliates may at any time (directly or indirectly) operate sites or applications that are similar to or compete with your Site.

No Agency. You and Eventbrite are independent contractors, and nothing in this Agreement (including any Offer) 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 Eventbrite’s behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Governing Law; Venue. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in San Francisco County, California, and you irrevocably consent to the jurisdiction of such courts. 

Notice. If you wish to contact us or deliver any notice(s), you can do so at the following address:  Eventbrite, Inc., Attn: Legal Department, 95 Third Street, 2nd Floor, San Francisco, California, 94103 USA; or via email to legal@eventbrite.com. Notices may be sent to you by email or regular mail at your business address listed in Eventbrite's records. We may also provide notices of changes to these Terms or other matters by displaying notices or links to notices on the Services.

Severability; Interpretation. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other provision may be invalid or unenforceable in whole or in part.

Assignment. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent, which may be withheld in our sole discretion. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.

Waiver. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Equitable Relief. The parties agree that any breach of either of the party’s obligations regarding trademarks, service marks, trade names, confidentiality, links or the removal of links, and/or user data may result in irreparable injury for which there may be no adequate remedy at law. Therefore, in the event of any breach or threatened breach of a party’s obligations regarding trademarks, service marks, trade names, confidentiality, links or the removal of links, and/or user data, the aggrieved party will be entitled to seek equitable relief in addition to its other available legal remedies in a court of competent jurisdiction.

Force Majeure. You acknowledge that Eventbrite’s servers, equipment, and services (e.g., tracking and reporting) may be subject to temporary modifications or shutdowns due to causes beyond Eventbrite’s reasonable control. Such temporary service interruptions will not constitute a material breach of this Agreement.

Compliance With Law.  Notwithstanding anything to the contrary herein, nothing in this Agreement will, or will be interpreted or construed to, induce or require any party hereto to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any laws, regulations, rules or requirements that apply to any party to this Agreement.

16.  Modification

We reserve the right to modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion by posting a revised Agreement or revised Program Policy on Eventbrite’s website or by sending notice of such modification to you by email to the primary email address then-currently associated with your Affiliate account. The effective date of such change will be the date specified. Your continued participation in the program following the effective date of such change will constitute your acceptance of the modifications. If any modification is unacceptable to you, your only recourse is to terminate this agreement in accordance with Section 7.