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KICKBACK TERMS FOR CONSUMERS

As a Consumer, you have the opportunity to participate in Posh’s Kickback Program, which allows you to earn money by promoting Event Organizer’s Events to potential attendees (the “Kickback Program”). Please read these Kickback Terms for Consumers (the “Consumer Kickback Terms”) carefully before participating in the Kickback Program as a Consumer. By participating in the Kickback Program, you are forming a binding contract with Posh Group, Inc. (“Posh,” “we,” “our” or “us”) and you hereby acknowledge that you have read, understand, and agree to all the terms and provisions set forth in these Consumer Kickback Terms. These Consumer Kickback Terms will be effective as of the day you agree to them (the “Effective Date”). We may change the terms of these Consumer Kickback Terms at any time for any reason by posting those changes here and, if the changes are material as determined in our discretion, sending you an email notice to the email address associated with your Posh Account.

Your participation in the Kickback Program is subject to Posh’s Terms of Service Agreement and Privacy Policy, each of which is incorporated into these Consumer Kickback Terms. Any capitalized terms not defined herein shall have the meaning given in the Terms of Service Agreement or the Privacy Policy.

  1. PROGRAM DESCRIPTION.

Posh provides an event management platform that enables event organizers (“Event Organizers”) to create, promote, and manage in-person events (the “Events”), and allows users to browse and purchase tickets to such Events (the “Services”). We’ve established the Kickback Program to reward Consumers like you for promoting Events via an affiliate-style Kickback link (each, a “Kickback Link”) and driving ticket, registration, or item purchases for such Events. When a user completes a purchase through a Kickback Link, the Consumer associated with the Kickback Link will earn a Commission, as configured by the applicable Kickback Offer (as defined below).

  1. To access the Kickback Program as a Consumer, you must hold a valid, active Posh Account in good standing at all times during your participation in the Kickback Program.
  2. CONSUMER OVERVIEW.
    1. Kickback Links. You will have the opportunity to share your unique Kickback Link to drive ticket, registration, or item purchases for Events that are shared by Event Organizers on the Posh Services. When a person purchases a ticket, registration, or item associated with an Event using your unique Kickback Link, you will be entitled to a cash payout (a “Commission”). The amount of the Commission will be set by the Event Organizer that is participating in the Kickback Program (the “Kickback Offer”). You acknowledge that Kickback Offers are solely configured and offered by Event Organizers and not by Posh.
    2. Types of Kickback Participation. There are two types of Kickback Participation: (a) Public Kickback, an arrangement where an Event Organizer makes the Kickback Program available to all Consumers for a given Event; and (b) Private Kickback, an arrangement where an Event Organizer selects and invites specific individuals to create and distribute Kickback Links for a particular Event.
    3. Unique Link Generation; Personal Use Only. If you elect to participate in the Kickback Program as a Consumer for a specific Event, you will be assigned a unique, personalized Kickback Link. Your Kickback Link is personal to you. You must not transfer, sell, sublicense, or assign your Kickback Link to any other person. You are solely responsible for all activity generated through your Kickback Link.
    4. Disclosure Obligation. You must clearly and conspicuously disclose your affiliate-style relationship with the applicable Event, Event Organizer and Posh when sharing your Kickback Link, in compliance with all applicable advertising and endorsement disclosure laws, including U.S. Federal Trade Commission guidelines on endorsements and testimonials.
    5. Compliance with Applicable Law. You will, at all times, comply with all applicable law when participating in the Kickback Program.
    6. Prohibited Conduct. You must not use your Kickback Link in connection with any fraudulent, deceptive, misleading, or unlawful activity, including but not limited to: (a) self-referral or self-purchase using your own Kickback Link; (b) cookie stuffing, click fraud, or any other form of artificial traffic generation; (c) spam or unsolicited bulk messaging of any kind; (d) misrepresentation of your relationship with Posh or any Event Organizer; or (e) promotion on any platform or through any channel that violates applicable law or the terms of service of that platform.
    7. Your Conduct. Posh reserves the right to disable or invalidate your Kickback Link at any time and without prior notice if it has reason to believe the link is being used in violation of these Consumer Kickback Terms or in a manner that is harmful to Posh, Event Organizers, or end users.
  3. COMMISSION PAYOUTS; PAYMENT.
    1. Stripe Connect. You are only eligible to receive Commission if you have a Stripe Connect Account. By entering into these Consumer Kickback Terms, you represent and warrant that you have a Stripe Connect account and have linked it to the Services, or that you will create a Stripe Connect account in advance of receiving a Commission. The Stripe Connected Account Agreement Terms, currently available at https://stripe.com/legal/connect-account, are hereby incorporated by reference. Commission payouts will only be processed to Consumers that have fully completed the required setup in Stripe Connect.
    2. Organizer-Funded Payouts. All Commission payments are funded exclusively from revenue generated by Event Organizer’s Events. Posh does not fund, guarantee, or advance any Commission payout. Posh’s obligation is limited to (via Posh’s Third-Party Service Provider, Stripe) facilitating the disbursement of Commission payments to you, as stipulated by the terms of the applicable Kickback Offer.
    3. Payout Timing. Posh shall process Commission payouts to you in accordance with its internal disbursement schedule. Posh does not guarantee any particular payout date.
    4. Reversed Transactions. If a ticket purchase that generated a Kickback commission is subsequently canceled, refunded, charged back, or otherwise reversed, Posh reserves the right to withhold, reverse, or offset the associated commission payout.
    5. Posh Kickback Fee. A service fee of twenty percent (20%) (the “Posh Kickback Fee”) is deducted from the gross Commission amount earned by a Consumer on each qualifying sale of an item, ticket, or registration. By way of example only, if the Kickback Offer is $10.00 per ticket sold, the associated Commission per qualifying purchase associated with a Consumer’s Kickback Link will be $10.00 less twenty percent (20%), or $2.00, meaning that the Consumer will receive $8.00 for such qualifying purchase. Posh reserves the right to modify the Posh Kickback Fee at any time upon reasonable notice.
    6. Taxes. You are solely responsible for all taxes, levies, and assessments applicable to payments you receive through the Kickback Program. Posh may withhold taxes where required to do so by applicable law.
    7. No Guarantee of Earnings. Participation in the Kickback Program does not guarantee any minimum level of earnings. Your actual earnings will depend entirely on the number of qualifying purchases made through your Kickback Link.
  4. DISCLAIMER. Posh is not responsible for: (a) the number of ticket, registration, or item sales generated through any Kickback Link; (b) any failure or delay in payment that is due to Event Organizer’s event cancelation; (c) your promotional activities associated with your Kickback Link; (d) any failure to receive a Commission payout that is attributable to Stripe; (e) any tax liability associated with your Commission payments; (f) the actions of Event Organizers; or (g) the Events you are promoting via your Kickback Links. Posh has no obligation to endorse or vet any Event Organizers using the Kickback Program and makes no representations in connection with the activities of such Event Organizers.
  5. TERMINATION AND SUSPENSION.
    1. By Posh. Posh may, in its sole discretion and without prior notice, suspend or terminate your access to the Kickback Program and disable any or all of your active Kickback Links if: (a) you breach any provision of these Consumer Kickback Terms or Posh’s Terms of Service; (b) Posh suspects you of engaging in any fraudulent, abusive, or deceptive activity in connection with the Kickback Program; (c) your Posh Account is suspended or terminated for any reason; or (d) the Kickback Program is discontinued.
    2. Effect of Termination. Upon termination of your access to the Kickback Program, all of  your active Kickback Links will be deactivated, and you will no longer be allowed to participate in the Kickback Program.
  6. INDEMNIFICATION AND LIMITATIONS OF LIABILITY.
    1. Indemnification. You agree to indemnify, defend, and hold harmless Posh and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Kickback Program; (b) your breach of these Consumer Kickback Terms; (c) your violation of applicable law or regulation, including any failure to make required disclosures; or (d) any third-party claim arising from your promotional activities in connection with your Kickback Link.
    2. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POSH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE KICKBACK PROGRAM. POSH’S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE KICKBACK PROGRAM SHALL NOT EXCEED FIVE HUNDRED U.S. DOLLARS ($500).
  7. MODIFICATION.
    1. Posh’s Rights. Posh reserves the right to modify, suspend, or discontinue the Kickback Program, or any aspect thereof, at any time and in its sole discretion, with or without notice.
    2. Amendment. Posh may amend these Consumer Kickback Terms at any time by posting updated terms on the Services or notifying you by email to the address associated with your Posh Account. Your continued use of the Kickback Program following such notification constitutes your binding acceptance of the amended terms. If you do not agree to any amended Consumer Kickback Terms, you must immediately cease participating in the Kickback Program.
  8. GENERAL.
    1. Entire Agreement. These Consumer Kickback Terms, together with Posh's Terms of Service and Privacy Policy, constitute the entire agreement between you and Posh with respect to the Kickback Program as it applies to Consumers, and supersede all prior or contemporaneous agreements and understandings on that subject matter.
    2. Severability. If any provision of these Consumer Kickback Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
    3. Waiver. No failure or delay by Posh in exercising any right under these Consumer Kickback Terms shall constitute a waiver of that right.
    4. Assignment. You may not assign or transfer any of your rights or obligations under these Consumer Kickback Terms without Posh's prior written consent. Posh may freely assign its rights and obligations under these Consumer Kickback Terms at any time without restriction.
    5. Applicable Law and Jurisdiction. For clarity, the Governing Law terms set forth in the Terms of Service apply to these Consumer Kickback Terms.
    6. Dispute Resolution. The Arbitration Agreement set forth in the Terms of Service applies to these Consumer Kickback Terms.

For questions about the Consumer Kickback Terms, please contact [email protected].

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