These terms and conditions form the agreement between you and Quaytickets. The agreement applies to an individual's or entity's participation in Quaytickets online Affiliate scheme (the "Scheme").
By submitting an application to Quaytickets and requesting an affiliate link to Quaytickets you agree to be bound by these terms and conditions in their entirety.
In this Agreement, the following words and expressions shall have the following meanings:
“Agreement”
means:
the terms & conditions found below forming the agreement between you and us.
"we" (and "us" and "our")
means:
The Lowry Centre Ltd T/A Quaytickets & Quaytickets.com
"you"(and "your")
means:
the applicant
"Quaytickets"
means:
the website located at http://www.quaytickets.com
"Your site"
means:
the website, as specified in your online registration form and owned and/or operated by you, on which you intend to place a link to Quaytickets.
“Our Site”
means:
the website located at http://www.quaytickets.com
"Intellectual Property"
means:
any current and future intellectual property, including copyrights, trade marks, trade names, domain names, rights in logos, inventions, confidential information, trade secrets and know-how including commercial know-how, design rights, patents, utility models, all rights of whatsoever nature in computer software and data, rights in databases, privacy rights and all intangible rights and privileges of a nature similar, analogous or allied to any of the above in every case in any part of the world and whether or not registered, including all granted registrations and all applications for registration, all renewals, reversions or extensions, the right to sue for damages for past infringement and all forms of protection of a similar nature which may subsist anywhere in the world.
"Associate Companies"
means:
The Lowry Centre Trust & The Lowry Centre Limited and any other subsidiaries of these companies ; the terms "subsidiary" and "holding company" shall have the meanings defined under section 736 of the Companies Act 1985 (as amended).
We reserve the right to reject your application without providing you with a reason and to terminate this Agreement immediately, at any point after acceptance, if we subsequently determine your site to be unsuitable for the Scheme based on the content hosted on your site.
1. Registering as an Affiliate
To be accepted as an Affiliate of Quaytickets you must first complete the online registration form via quaytickets.com. We will review your application and will notify you by email of your acceptance or rejection to the scheme. If we accept your application you will be bound by the terms and conditions of this Agreement. We reserve the right to reject your application, at our sole discretion, if we consider your website to be unsuitable for the Scheme. Without limitation, We will NOT approve applications from Web sites that contain any of the following:- sexually explicit materials, pornography, violence, explicit language, promote any type of discrimination, promote illegal activities, violate any copyrights or intellectual property rights, or support for violent groups. If the content of your site should change to include any of above after you become an affiliate we reserve the right to terminate your membership with 7 days notice.
2. Terms
The term of this Agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party a minimum of 7 days written notice of termination. Our notice will be sent to you via email to the email address you provide to us at the time of registration. If you wish to terminate the agreement you can do this by contacting us. You are only eligible to earn commission on sales occurring during the term of this Agreement. Once we have confirmed your termination you must remove all hypertext links to our site from your site.
3. Customer Terms and Conditions
Customers who buy tickets through this Scheme will be customers of Quaytickets. Accordingly, all Quaytickets sales terms and conditions concerning bookings, customer service, ticket sales and use of Our Site will apply to those customers. As such terms and conditions may be changed at any time. Ticket prices and availability may vary from time to time. Because price changes may affect tickets that you already have listed on Your Site, you must not include price information in your ticket descriptions. All personal details of customers (as defined in the Data Protection Act 1998) shall, as between you and us, be owned exclusively by us and you shall not be entitled to use the personal data in any way.
4. Ticket Sales
We will be responsible for the processing and fulfilment of all ticket orders placed by customers who follow the Links from Your Site to Our Site. We reserve the right to reject orders that do not comply with our Terms & Conditions. All sales made by customers who purchase tickets using Links from Your Site to Our Site will be tracked by us and will be viewable by you by logging into your control panel. To ensure accurate tracking of your commissions you must ensure that the links between Your Site and Our Site are properly formatted with your affiliate code. We will not be liable for paying commission fees on ticket purchases that are not correctly tracked and reported because the links between Your Site and Our Site are not properly formatted.
5.Commission Fees
We will pay you two and a half percent (2.5%) inclusive of VAT, or such higher amount as we and you may agree in writing, for each sale to a customer who links from your site to our site. A sale is defined as any event ticket(s) purchased excluding any booking fees or postage fees. In the event that a ticket order made by a customer via a link is subsequently cancelled for whatever reason, you shall not be entitled to a commission fee. For a ticket sale to generate a commission fee, the customer must follow a link containing your affiliate code from Your Site to Our Site; purchase a ticket on Our Site and remit full payment to us. Tickets which are booked by a customer via a link and which are then subsequently cancelled by the customer or us will not accrue a commission fee.
6. Payment Terms
Payment shall be made within thirty (30) days after the last day of the calendar month for the preceding month provided that the total monthly amount due to you exceeds fifty pounds (£50.00). Payment will be made less any taxes we are required to withhold. In the event the total monthly amount due to you for any month is less than fifty pounds (£50.00), we will not be obligated to pay you until a month when the cumulative amount due to you exceeds fifty pounds (£50.00) or, in any event, no later than the close of each tax year regardless of the cumulative amount due. We will pay you by bank transfer (BACS) no other payment method will be used, if you have accumulated more than fifty pounds (£50.00) and a payment is due and you do not have an active bank account we will not make payment until you have supplied details of an active bank account. We are not obligated to pay you if you break any terms & conditions of this agreement. If a ticket that generated a commission fee is later cancelled, we reserve the right to deduct the commission fee already paid from your next payment. You authorise us to self-bill for all commission fees under your VAT number. If you inform us that you are VAT exempt you warrant that you are neither registered nor are you liable to be registered in respect of VAT and you indemnify us against any losses arising from any breach of this warranty. In the event that you later become liable to be registered in respect of VAT you shall inform us immediately and supply us with your VAT number. A self billing will be issued via email and must be returned signed within 14 working days of acceptance as an affilate or payment to you will be delayed.
7. Links
You can download banners and search boxes from the control panel when you log in, you must then add the URL containing your affiliate code to enable tracking from your site when these banners are clicked by the customer.
Search Box Link - You may display a Quaytickets search box that will permit site visitors to navigate directly to a page on our site that contains the results of their search queries. We will provide you with technical specifications describing how to include a Quaytickets search box on your site.
General link to our site homepage - You may provide a direct link on your site to our homepage which includes your affiliate code to track sales. This can be done using one of the general Quaytickets banners available in various standard sizes for download from the affilate control panel.
Direct linking to an event – You may link direct to an event from a listing on your website. This would link directly to an event for sale on our site. You can also create your own banners to advertise an event that you feel will be of great interest to your site visitors and use the direct link to generate sales.
You may modify any of the banners that we provide you subject to our approval which must be done prior to using modified material, contact us for approval before use.
8. Trademark & Copyright usage guidelines
By accepting this Agreement, you agree specifically to refrain from originating, authorising, or participating in any use of the Trademarks or other promotion of Quaytickets by unsolicited emails ("spam"), telephone, offline media or otherwise, unless such use of the Trademarks or promotions have been specifically approved by us.
You may not use the Trademarks or otherwise promote us in promotional activities without our prior written authorisation.
The license granted to use Quaytickets Trademarks is limited solely for the purpose of identifying your site as an affiliate. You may not use the Trademarks in any advertisements or represent yourself as Quaytickets in any way, including, but not limited to, using the Trademarks in search engine listings, citing yourself as an "Official Site" in search engine listings or posting copied content from the Quaytickets site. Affiliates may not use the content or images of events from the Quaytickets site on their websites and promotional materials. You may not modify the Trademarks and any images incorporating the Trademarks in any way, including the use of the Trademarks along with an added trademark owned by another without the express written consent of Quaytickets.
The urls or domain names for affiliate web sites may not incorporate any of the Trademarks or words confusingly similar thereto. All such domain names and urls are and remain the property of Quaytickets, with respect to which we retain all rights including an ultimate right of use and exploitation. our intellectual property rights extend to domain names in any top level domain (e.g., .com, .net, .biz, .co.uk) and urls which incorporate the Trademarks or any confusingly similar variations thereof. Affiliates may not use locators that include Trademarks or Quaytickets urls or domain names in connection with the promotion, sale, advertising or other commercialisation of any products and services, including in any search engine listings.
You may not disclose, utilise or exploit any data or information obtained from us during the term of this Agreement to any third party and such data or information will only be used for fulfilment of the activities associated with your affiliate status.
Failure to comply with these terms may result in the cancellation of this Agreement.
Many of the pictures and images used on our web site are licensed for use only by us and the promoter for whom we are selling tickets. In most cases we can not give permission for affiliates to use those images on their web sites.
9. Data & Technology usage guidelines
The data and technology is being provided solely for the purpose of increasing sales through the affiliate sales channel of www.quaytickets.com. Any additional technology or tools developed through this relationship by an affiliate shall be used exclusively for this purpose. Any usage other than that shall require written permission from us.
We do not allow permanent redirects from an affiliate's domain to www.quaytickets.com that are created for the purpose of increasing search engine ranking for the affiliate. Any redirects to the www.quaytickets.com site must be done in a non search engine friendly manner or excluded from search engine spidering. Any affiliate that wishes to increase their own search engine ranking shall do it within the guidelines of the search engines by creating their own content rich site. Affiliates shall not post content copied from the Quaytickets site on their websites or advertisements unless it has been confirmed in writing that you may do so.
Any affiliate who uses message boards or community sites to generate traffic, must comply with all policies and restrictions on such boards and community sites, including, but not limited to, rules on affiliate activity.
10. Your Website
You will be solely responsible for the development, operation and maintenance of your website and for all materials that appear on your website. You are responsible for ensuring your site doesn’t break any sections of this agreement. You are also responsible for ensuring that all links to Quaytickets are in the correct format to track sales made from your site. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance and contents of your site.
11. Limitation of Liability
We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Scheme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Scheme will not exceed the total referral fees paid or payable to you under to this Agreement.
12. Disclaimers
To the fullest extent permitted by law, we do not make any express or implied warranties or representations with respect to the Scheme or any tickets sold through the Scheme (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing, or trade usage), and the same are hereby excluded. In addition, we do not make any representation that the operation of the our site will be uninterrupted or error-free and none of us will be liable for the consequences of any interruptions or errors.
13. Spyware & Other Parasites
Any affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of www.quaytickets.com and/or its partner sites) is subject to punitive actions by us, without notice, including but not limited to: suspension of affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate's suspected malfeasance.
14. Relationship of the Parties
The relationship between us and you shall be that of independent contractors. Nothing contained in this Agreement will create any partnership, joint venture, agency, franchise, distributor, employment, or any similar relationship between the parties. You understand and affirm that you have no right to make or accept any offers or representations on behalf of us.
15. Miscellaneous
Each party is an independent contractor and not an agent or partner of, or joint-venturer with, the other party for any purpose. Neither party by virtue of the Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
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.
You may not assign this Agreement without our prior written consent. 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.
16. Amendment of this Agreement
This Agreement contains the entire agreement between the parties and supercedes any prior agreements, discussions or communications between the parties relating to the subject of this Agreement. We may amend any of the terms and conditions contained in this agreement, at any time and at our sole discretion. In the event that these terms and conditions are amended we will send you an e-mail with the amended terms and conditions and confirming when they will take effect. We will also amend the terms and conditions on our site. Amendments may include, for example, changes in the scope of available affiliate fees, affiliate fee schedules, payment procedures, Scheme rules and Trademark usage and license obligations. If any amendment is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Scheme following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change. You agree that we have no obligation to notify you of any change to this Agreement.
17. Acknowledgement
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we or any of our associate companies may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or compete with your site. You have independently evaluated the desirability of participating in the Scheme and are not relying on any representation, guarantee or statement other than as set forth in this Agreement. The terms specified in this Agreement are governed by the laws of England and Wales and the parties submit themselves to the exclusive jurisdiction of the English courts.
