Application Service Agreement

Contents

1. Definitions/Interpretation

2. Use of Services

  1. Application Services
  2. Additional Services
  3. Variation of Services

3. Charges and Payments

  1. Charges
  2. Payments

4. Terms & Conditions

    a.   Member Account, Password, and Security
    b.   Member Content
    c.    Fan
    d.   Promoter
    e.   Super Promoter 1st Tier
    f.    Super Promoter 2nd Tier

5. Privacy Policy

    a.   Privacy Policy
    b.   Privacy of Services
    c.    Links
    d.   Intellectual Privacy
    e.   Change in Privacy Policy
    f.    Disclaimer

6. Refund Policy

7. Liability & Limitation

8. Events Listed Intellectual Property Rights

9. Data

10. Dispute Resolution

11. Violations

12. Miscellaneous

13. Termination

14. Disclaimer

15. Schedules


1. Definitions/Interpretation

Events Listed refers to the company that owns http://www.eventslisted.com/ and everything within that URL or representative thereof.

Events Listed Userrefers to any individual utilizing the Events Listed website in any way.  A user refers to all Viewers, all Fans, all Members, all Promoters and all Super Promoters.

Fan refers to any Events Listed User who signs on as a Fan of any Promoter or onto the guest list of any event published by a Promoter or Super Promoter.

Original Fan – refers to any Events Listed user who initially signs onto Events Listed as a Fan of the promoter whom they first accepted an invite from. The user becomes an original fan of the promoter. If the promoter becomes a super promoter they are eligible to earn commissions from all income Events Listed derives from their original fan's.

Promoters refers to any Events Listed User who uses the Events Listed Application to publish and promote an event web page. Any Promoter who sells tickets or merchandise off their event pages will be subject to a small administrative fee against all sales.

See Schedule A, Item 1.

Super Promoter 1st Tierrefers to Events Listed Joint Venture Partners who promote and sell Events Listed products and services to users. Super Promoters earn commission on sales to their Original Fans. 

Super Promoter 2nd Tier -- refers to Events Listed Joint Venture Partners who promote and sell Events Listed products and services to users. Promoters are eligible to become 2nd Tier Super Promoters after they have sold more than $10,000 worth of tickets on the Events Listed platform. 2nd Tier Super Promoters earn commission on sales to their Original Fans. 2nd Tier Super Promoters award 25% of the commission earned as a royalty to their 1st Tier Super Promoter Sponsor. 

Reseller refers to any Events Listed User who resells tickets on behalf of Events Listed Promoters. 

Event Page refers to a web page(s) used by Promoters to publish content pertinent to an event. 

Private Eventsrefers to event web pages published by a Promoter that may or may not have ticket and/or merchandising sales and is accessed by invitation only. These pages are not indexed in the search engines.

Public Eventsrefers to public concerts, theatre, & sporting events published by Events Listed and not an Events Listed Promoter. Public event tickets are provided by .xml feed from The Ticket Network Inc.

Public Event Ticket Sales tickets sold for any Events Listed Public Event off a public event page or ticket invitation.  These tickets are purchased through to The Ticket Network domains & payment processing facility.

Public event ticket sale commission - 2nd tier commission paid by Events Listed to Super Promoters for tickets purchased for public events by their original fans. 1st tier commissions are paid to Events Listed by ticket network.

Accommodation Booking - Accommodations booked off Events Listed event pages are booked through the roam free or global accommodation search domain and payment processing facility.

Accommodation Booking Commission - 2nd tier commission paid by Events Listed to Super Promoters for accommodation bookings made by their original fans. 1st tier commissions are paid to Events Listed by roam Free.

User Commissions - Events Listed Members earn commissions for reselling Events Listed Promoters’ tickets. Commission is offered by Events Listed Promoters and is paid by Events Listed Promoters directly into Users PayPal or Google Checkout accounts.  See Schedule B.

Super Promoter Commissions - Super Promoters 1st Tier earn commission on sales to all their Original Fans. See Schedule A, Item 2. If a 1st Tier Super Promoter’s Fan becomes eligible to become a 2nd Tier Super Promoter they become that 2nd Tier Super Promoter’s Sponsor and are expected to support them. 1st Tier Super Promoters earn a royalty from all commissions earned by 2nd Tier Super Promoters under their sponsorship. 

See Schedule B.

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2.   Use of Services

2.1        Application Services

Events Listed offers a FREE, multi media platform for multiple and eclectic Events Listed Users to come together and celebrate events all in one place.  The Application Services are set up to be utilized without technical skills in order to personalize an event web page (or pages) and to announce or promote an event of any size.  This includes but is not limited to electronic invitations, several multi media plug ins, task management, budget management, staff and/or helper management, and social networking.

2.2        Additional Services

In addition to the Application Services listed above that are FREE to use, Events Listed offers Promoters and Super Promoters the functionality needed to sell tickets or merchandise directly from their event web pages.  A small administrative fee of 1.5% is applicable on all sales obtained from the event pages.  See Schedule A, Item 1.

All payment processing is made via PayPal.

2.3        Variation of Services

Events Listed reserves the right to change, update, or alter the Events Listed Application or Additional Services at any time, for any reason, without prior notice. 

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3.   Charges and Payments

3.1        Charges

Ticket Sale Administration Fee

All electronic ticket sales off the events listed page are subject to a 1.5% administrative fee payable to Events Listed.  Events Listed will invoice the event owner once a month via the event owner’s Events Listed accounts panel. Invoices must be paid to Events Listed by promoters through PayPal or Google Checkout account. 

Merchandising Sale Administration Fee

All merchandise sales are subject to a 1.5% administrative fee payable to Events Listed.  Events Listed will invoice the event owner once a month via the event owner’s Events Listed accounts panel. Invoices must be paid to Events Listed by promoters through PayPal or Google Checkout account.

3.2        Payments

 Reseller Commissions

All ticket sales commissions offered by Events Listed Promoters on ticket or merchandise sales are tracked in the Events Listed Application. When a user is owed a minimum of $10 commission from any Events Listed Promoter, they claim this commission from that Promoter. Promoters are expected to pay commissions to Users within 7 days of a payment request. All User commissions are paid by Events Listed Promoters directly into the Users’ PayPal or Google Checkout accounts.

Note: Payment of commissions offered to users by Events Listed promoters are the sole obligation and liability of each individual promoter. If a commission offered to the Events Listed user is not paid by the Events Listed promoter a dispute claim can be lodged by that user.  (See disputes) 

Super Promoters Commission 

All sales commission offered by Events Listed to Super Promoters is tracked in the Events Listed Application. Super Promoters can track commissions owed to them within their Events Listed application panel. Super Promoters will be paid commissions on the 1st day of the second full month after commission is earned. If a commission is earned on the 25th of January, this commission will be paid on the 1st of April.  

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4.   Terms & Conditions

a.   User Account, Password, and Security

During registration, you will create your Events Listed User Account and be assigned a password for your account.  You are 100% responsible for all activities that take place under your password and account. In the event any unauthorized activities take place or the security of your account is breached, you agree to notify Events Listed immediately.  You must properly exit from each session under your password.  Events Listed will not be responsible for any loss or issues with your event web page and/or functionality due to User failure to comply to these terms.   

b.   User Content & Conduct

In using the Events Listed Application and becoming an Events Listed User, you agree not to publish, upload, email, or transmit in any way any material that is unlawful, threatening, harmful, vulgar, obscene, invasive, racially objectionable, offensive to minors, or negative to other in any way.

You agree to not infringe upon any copyright laws, patents, trademarks, trade secrets, or infringe upon any legalities or anyone else’s rights. 

You agree not to impersonate anyone else, including but not limited to an Events Listed Staff Member. You acknowledge that all information provided by you upon registration is true and accurate.

You acknowledge that Event Listed does not pre-screen content, pictures, videos, or any element of your site but Event Listed does reserve the right to remove any objectionable materials and terminate your usage at any time.  Although Events Listed reserves this right, it is not obligated to act upon this right.

You also acknowledge that you are at least 16 (sixteen) years of age in order to be able to use this Application.  Anyone under the age of 16 (sixteen) agrees that they will use this Application upon parental or guardian consent from a parent or guardian who is over 18 (eighteen) years of age.  The account must be in the parent or guardian’s name and the parent or guardian must have expressly given permission for use.

The above clause is to also be consistent with PayPal’s Terms of Use as they require all Users to be at least 16 (sixteen) to register for an account, unless authority is given as listed above. Google Checkout requires all users to be 18 (eighteen) years of age.

You also have the right to report any violations that you witness directly to Events Listed.  Please see Section 11, Violations.

c.    Fan

All Events Listed Fans agree to all applicable clauses throughout this entire User Agreement. You also agree to understanding that all reseller commissions offered by Promoters for ticket sales to any event or any merchandise sales are in no way associated with Events Listed. You agree that reseller commissions earned by you, are owed to you, by the Promoter who offered them. You accept that electronic tickets with a colored "$" sign next to the resell link indicate that the Promoter of that event is offering commissions on ticket or merchandise sales. You understand that your User commission owed to you by any Promoter must have accumulated to a total of $10 or greater before you are eligible to claim that commission from any promoter who owes it to you.

Commissions owed must be claimed through the application and will be paid by Promoters into your nominated Pay Pal or Google Checkout account.

d.   Promoter

All Events Listed Promoters agree to the entire User Agreement. You understand that by publishing an event page your Events Listed account status is elevated from you being a Fan to a Promoter. As a Promoter you accept liability for all commission you offer Events Listed Users for selling tickets to your event and agree to pay any commission owed within 7 days of a User claiming it.

You acknowledge that all transactions of money in regard to ticket and merchandise sales will be tracked in the Events Listed Application, but that all payments will be processed through your nominated PayPal or Google Checkout account.

You accept that Events Listed charges Promoters 1.5% per ticket or merchandise item sold off your event pages. You understand that a minimum of 50 cents is charged per sale and that the fee is capped at $1.50 per sale, so you pay between 50 cents and $1.50 per ticket or merchandise item sale.

You will be invoiced in the first 7 days of every month for all ticket and merchandise items sold in the previous month. This invoice will be delivered within the Events Listed Application and must be paid into Events Listed Pay Pal or Google Checkout nominated accounts through the system within 7 days of you receiving the invoice.

You accept that if payment of any invoice is not received within 7 days of being issued, that your account will be suspended and your access denied until full payment of the invoice is received.

e.   Super Promoter 1st Tier

All Events Listed Super Promoters 1st Tier agree to the entire User Agreement.  As well, Super Promoters 1st Tier agree and acknowledge that all transactions of money in regard to ticket and merchandise sales will be tracked in the Events Listed Application, but handled through either PayPal or Google Checkout, based upon your choice.

Super Promoters 1st Tier agree and understand that all commissions paid for Events Listed promoter published events are coming from the event owner and not Events Listed.  Preset pricing structures set by the event owner determines the exact amount of commissions earned and the event owner is responsible for paying commissions and paying them timely.

Super Promoters 1st Tier agree and understand that all commissions paid from revenue share of Invoices paid to Events Listed by promoters who are also their original fans & for 2nd tier public event ticket sales by users who are also their original fans are paid by Events Listed. That commissions owing to Super Promoters for second tier public ticket sales and accommodation bookings are subject to first tier commissions being paid to Events Listed by the Ticket Network and Global Accommodation Network. That commissions are paid on the 1st day of the third month after the month of the commission being earned.

Super Promoters 1st Tier agree to deal directly with PayPal or Google Checkout in regard to any discrepancies with payments from fans and to follow all of PayPal’s and Google Checkout’s Terms of Services.  Any discrepancies, disputes, returns, or the like are to be handled through PayPal or Google Checkout and/or directly with the event owner.

f.     Super Promoters 2nd Tier

All Events Listed Super Promoters 2nd Tier agree to the entire User Agreement including Fan and Promoter Terms & Conditions. As well, Super Promoters 2nd Tier agree and acknowledge that all sales commission is tracked within the Events Listed application and that you can monitor progress reports within your account.

Super Promoters 2nd Tier agree and understand that sales commissions owed to them by Events Listed will be paid on the 1st day of the 3rd month,  after the commission is earned from a sale and that all commissions will be paid into your nominated PayPal or Google Checkout account.

Super Promoters 2nd Tier agree and understand that all sales commissions earned by them and owed to them by Events Listed is subject to a royalty paid to each Super Promoters 2nd Tier's sponsor or the Super Promoters 1st Tier who first signed them onto the Events Listed platform as a user. Super Promoters 2nd Tier agree and understand that this royalty will be paid on a sliding scale between 20% of commissions earned between $1 and $1000 per month down to a 4% royalty paid for commissions earned beyond $8000 per month.

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5.   Privacy Policy

a.   Events Listed will never share User identification or personal contact information that is voluntarily provided to Events Listed upon registration for an Events Listed Account.  This information includes but is not limited to:

  • User’s full name
  • User’s email address
  • User’s mailing address
  • User’s telephone number
  • User’s PayPal account
  • User’s Google Checkout account

b.   Privacy of Services

This privacy policy also refers to any services offered by Events Listed, including but not limited to:  the event page set up procedure via the Events Listed Web Wizard, features added, content created, multimedia plug-ins use, account information for ticket and merchandise sales, and social networking.

c.    Links

Please note that Users have the right to put outgoing links to other sites on their event web pages.  Events Listed is not responsible for any privacy laws related to these links as Events Listed has no ownership of these links.  Once a User follows a link to another site, they are under that site’s privacy policies, not Events Listed.

d.   Intellectual Privacy

Events Listed is a platform for individual and group parties to share events and memories with each other and is not directly involved in interaction between any parties.  In the event that one party intellectually incorporates ideas from another party and becomes a competitor to the original party, Events Listed will not be held responsible for any loss of sales or loss of Fans from one party to the next.  Also refer to Item 8 for Events Listed Intellectual Property Rights.

e.   Change in Privacy Policy

From time-to-time, Events Listed may alter this Privacy Policy to reflect changes in the Events Listed Application or changes in the law.  Any new changes are effective immediately upon the posting of the new Privacy Policy on the Events Listed website.  Users are responsible for checking for updates regularly.  Continued use from any said User automatically signifies an agreement to all updates upon the posting of the new policy or policies and you are responsible for these changes at all times.  To monitor any changes, updates, alterations, or discontinuations, please see the Privacy Policy posted on the Events Listed website.

f.     Disclaimer

Please note that the Events Listed website sits on a public domain and therefore most, if not all, of what you publish is viewable by the public.  When you add personal information, addresses, phone numbers, maps and directions to the venue, etc., you are agreeing to publicly display all of that information.  In this case, this information is displayed by the User, not Events Listed, and does not fall under the Events Listed Privacy Policy.

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6.   Refund Policy

Any payments paid to Events Listed by Promoters will be paid from invoices after our service has been delivered and are thus not refundable.

Payments made to Users are made directly by the Events Listed, event page publisher or Promoter, not Events Listed.  Users agree that event publishers(s) have sole responsibility for payment of commissions due to all Users and that Events Listed is not liable for non-payment or default by the event owner(s).

Promoters also acknowledge that payments are made through 3rd party vendors, either PayPal or Google Checkout, and any request for a refund should be directed to the event owner and/or PayPal or Google Checkout.

In the event that any payment dispute remains unresolved between any promoter and event owner, you must contact PayPal and/or Google Checkout and publish the proper form for refund via their policies. 

For PayPal, please refer to the PayPal User Agreement and visit the information on “Disputes Between Buyers and Sellers” at https://www.paypal.com/us/cgi-bin/webscr?cmd=xpt/UserAgreement/ua/USUA-outside#pbp-policy


For Google Checkout, please refer to the Google Checkout Terms of Service and visit section 11 for “Refunds” at https://checkout.google.com/termsOfService?type=Buyer

PayPal or Google Checkout will investigate your claim and may need information from Events Listed to be able to complete the investigation.  You hereby authorize Events Listed to provide PayPal and/or Google Checkout with any information needed to process and determine your claim.

If the disputed payment occurred within 12 months of the date of your claim, upon request from PayPal or Google Checkout, Events Listed will endeavor to provide the relevant information requested within 7 days of the date you list the claim.

If the disputed payment occurred outside of 12 months from the date of your claim, upon request for PayPal or Google Checkout, Events Listed with endeavor to provide the relevant information requested within 30 days of the date you list the claim.

In the event that your dispute relates to a full or partial refund, refer to the provisions dealing with these issues in the agreement between you and PayPal and/or Google Checkout.

Transactions are processed using industry standard SSL encryption technology which ensures credit card details can not be compromised while in transit.  Full credit card details are never stored by Events Listed in clear text with card details.  Card details are encrypted using sophisticated PKI technologies preventing unauthorized access.  Truncated versions of credit card numbers are stored and are accessible for the purposes of transaction identification.

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7.   Liability & Limitation

Users understand and agree that Events Listed is not responsible for any direct or indirect loss of commissions, fans, data, uploads, or any element or mechanism within the Events Listed Application resulting from use or the inability to use the Application for any means and through any portal, regardless of if Events Listed was notified of the possibility prior to the incident or not.

You also agree to indemnify Events Listed and all of Events Listed’s staff, officers, affiliates, subsidiaries, agents, co-branders or other partners from any claim or demand of harmful action from any third party you supplied information to or sold items to through the use of the Events Listed Application, your connection to the Application, or your breech of this User Agreement.  You will be responsible for all claims in these cases, including attorney fees. 

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8.   Events Listed Intellectual Property Rights

Users acknowledge and agree that the Events Listed Application and any software used in conjunction with the Application contain confidential and proprietary information that is protected under Intellectual Property Laws and other laws.  You also acknowledge that everything presented to you in the Application is protected by copyright and patent laws and you agree not to try to modify, sell, loan, lease, or distribute any or all of the Application.

You also agree not to try to reverse engineer, copy the source code, or attempt to modify the Application in any way. 

Events Listed grants all Users personal, non-transferable, non-exclusive rights to the Application and a license to use the Application in the way it is intended for use and no other way.  Events Listed will not tolerate any violation of its Intellectual Property Rights and will take legal action if necessary.

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9.   Data

In regard to any data you input or upload in any way onto the Event’s Listed Application, you agree to comply to all local rules and laws, national rules and laws, and international rules and laws regarding the transmission of data across a global network. 

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10.    Dispute Resolution

In the event of a dispute between two Users of the Events Listed website, Events Listed offers a Dispute Forum. If an Events Listed User has issue with any Promoter, he can open a dispute post located at the bottom of every event page.

Once a dispute is posted it will appear in the Dispute Forum. All active Events Listed Users can see open disputes within the Dispute Forum. Promoters are notified of any disputes lodged against them via email. Disputes are listed for 7 days for the disputing parties to resolve amongst themselves. Once a resolution is made between disputing parties the User who lodged the dispute must close it. Once closed, a dispute can no longer be seen in the Disputes Forum.

Any dispute not closed within 7 days of being posted will be escalated to an Events Listed Staff Member who will arbitrate a resolution between the two parties via email. 

In the event that no resolution can be met, the Events Listed Arbitrator will refer both parties to a 3rd party private reconciliation firm where the dispute can be properly settled.

Unresolved disputes remain openly published in the dispute forum. Events Listed will remove disputes if both parties agree the dispute is settled or if notified in writing of any judgments handed down by a 3rd party reconciliation firm.

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11.     Violations

Users are encouraged to report any violations to the Events Listed policies directly to Events Listed by clicking “Report Violations” at the base of every event page.

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12.       Miscellaneous

This Events Listed User Agreement & Checklist constitutes the entire Agreement between you, the User, and Events Listed.  It supersedes any previous agreements and is subject to change without warning.  In the event that Events Listed fails to enforce any agreement term with any said User does not mean the agreement no longer applies.

In the case of different Users, such as Promoters and Super Promoters, you may be subject to additional terms and conditions for proper use and conduct of the Events Listed Application.  Please refer to Section 4 for additional terms and conditionals for different levels of Users.

All Users are aware that unless stated otherwise, any new features that enhance the Application or augment it in any way are also subject to this User Agreement.  All Users understand that the Application is “as is” and agrees to use it in such way.  Events Listed is not responsible for any User communications failure or data storage failure, mis-delivery, deletions, personalization plug in failures, or the like.

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13.         Termination

You acknowledge and agree that Events Listed has the right to terminate or suspend your Events Listed Account by removing your event web page(s), terminating or suspending your password and all account accessibilities and any commission owed in the cases that you violate any clause of this User Agreement, including but not limited to, account inactivity for periods longer than 6 months, failure to make timely payments for monies due. Events Listed reserves the right to delete all files related to your Events Listed Account.

If you at any time fail to act according to this User Agreement, Events Listed may terminate or suspend your account without warning, at Events Listed’s sole discretion. Events Listed also reserves the right to choose whether or not your account may be reactivated at a later date. You also agree that Events Listed is not responsible to you or any third party for any termination or suspension of your Events Listed Account. 

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14.          Disclaimer

You understand and agree that Events Listed offers its Application to you on an “as is” basis. Events Listed disclaims any warranties to the Application. 

Events Listed makes no warranties that the Application will meet your requirements or needs, will not be interrupted, will not be error-free, that all results will be accurate or reliable, that the quality of products, services, or information purchased by you through this Application will meet your expectations, nor does Events Listed make promise that any error in the Application will be remedied. 

Any materials downloaded by you from a 3rd party will be done so at your own risk and any damage to your computer will not be the responsibility of Events Listed --as you are agreeing to do so at your own risk.

Neither do we offer warranty for any information or advice received by Events Listed or through or from the use of the Events Listed Application from other 3rd parties, other than any statements expressed in this User Agreement. 

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Schedules

Schedule A

Item 1 - Amounts Payable to Events Listed 

Promoter Fees

Publishing Event Pages is Free

Administration of electronic Ticket Sales off event pages is charged at 1.5% of ticket price (Min $0.50 & Max $1.50 Per Ticket)

Administration of Merchandising Sales off event pages is charged at 1.5% of ticket price (Min $0.50 & Max $1.50 Per Sale)

Item 2 Amounts Payable by Events Listed

Super Promoter Commissions

Public ticket sales - 5% to 8% commission is paid to Super Promoters for public event Ticket Sales to their Original Fans.

Accommodation bookings - 2% to 5% commission is paid to Super Promoters for accommodation booking's made by their Original Fans.

Administration fees charged to Promoters for ticket sales - A sliding commission between 50% for revenue earned between $1 and $1000 per month paid to Events Listed by promoters who are their Original Fans. Down to a minimum commission amount of 35% for revenue earned above $2400 per month for all administration fees on ticket sales after bank fee's paid by Events Listed to PayPal & Google for receiving money paid by promoters.

Note: Between 20% and 4% off all 2nd tier Super Promoter commissions is with held & paid directly to their 1st tier super promoter sponsors as a royalty.

Super Promoter and Promoter Commissions

Product sales - Different commission amounts offered for education products sold by Events Listed and partners will be sold through the application by Super Promoters or Promoters to Fans in their Fan club. Commission amounts offered for different products are advertised before Super Promoters or Promoters commit to selling them.

Note: Between 20% and 4% off all 2nd tier Super Promoter commissions is with held & paid directly to their 1st tier super promoter sponsors as a royalty.

Schedule B

Item 1. Tiered Commissions Paid By Events Listed Promoters to Events Listed users who sell their tickets.

Events Listed Promoters can preset Tiered commission Structure to offer Events Listed users commission incentives, through their Fan club, their Fans’ Fan club, their Fans’ Fans’ Fan club, and their Fans’ Fans’ Fans’ Fan club. A share of commissions set as a percentage of ticket price up to 4 tiers deep can be offered, based on each tier earning a 25% royalty from all tickets sold through their fans networks. 

Commissions are preset against ticket prices and offered to Events Listed users to resell to their fan clubs. Users are invited to send ticket invitations to their fan clubs if an event shows a colored $ sign next to the resell link.

Commission is payable to resellers by the Events Listed promoter offering commission if a users original fan purchases the ticket after being sent the ticket invitation by the user.

Events Listed make no warranties or representation on behalf of Events Listed promoters in relation to commissions offered by them. You agree and understand that Events Listed are not liable for commissions offered by Events Listed promoters.

Users agree and understand that all sales commissions are tracked within the Events Listed Application and that commissions owed to users can be claimed off Events Listed promoters only after commission owed to them by a promoter is greater than $10.

Users agree and understand that commissions should be paid by promoters into their nominated PayPal or Google Checkout accounts within 7 days of the claiming it.

That if payment is not received within 7 days that they should lodge a dispute in the Events Listed dispute forum. 

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