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KICKBACK TERMS FOR EVENT ORGANIZERS

As an Event Organizer, you have the opportunity to participate in Posh’s Kickback Program, which allows Consumers to earn money by promoting your Events to potential attendees (the “Kickback Program”). Please read these Kickback Terms for Event Organizers (the “Event Organizer Kickback Terms”) carefully before participating in the Kickback Program as an Event Organizer. 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 Event Organizer Kickback Terms. These Event Organizer Kickback Terms will be effective as of the day you agree to them (the “Effective Date”). We may change the terms of these Event Organizer 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, Event Organizer Agreement, and Privacy Policy, each of which is incorporated into these Event Organizer Kickback Terms. Any capitalized terms not defined herein shall have the meaning given in the Terms of Service Agreement, Event Organizer 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 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 cash payout for such purchase (the “Commission”), as configured by you, the Event Organizer, in the applicable Kickback Offer (as defined below).  

  1. ELIGIBILITY. To access the Kickback Program as an Event Organizer, you must hold a valid, active Posh event organizer Account in good standing at all times during your participation in the Kickback Program.
  2. ORGANIZER OVERVIEW.  
    1. Kickback Offers. You are solely responsible for deciding whether you wish to enable the Kickback Program for a given Event that you are hosting, promoting, managing, or enabling via the Services. If you do elect to enable the Kickback Program for a given Event, you are solely responsible for configuring the amount of Commission that Consumers will be eligible to earn via their Kickback Link (each, a “Kickback Offer”). The Kickback Program is configured and managed at the Event level, and each Event requires its own separate Kickback configuration. Enabling the Kickback Program for one event does not automatically apply it to any other Event.
    2. Program Types. There are two Kickback Program types available to Event Organizers: (a) Public Kickback, where Event Organizer makes the Kickback Program available to all ticket purchasers or to the general public for a given Event; and (b) Private Kickback, where participation in the Kickback Program for a given Event is limited to those expressly invited by you.
    3. Accuracy of Offer. You represent and warrant that your Kickback Offer accurately represents the Commission you are willing and able to fund.
    4. Commission Structure. When creating a Kickback Offer, you may configure the Commission as either: (a) a flat fee per ticket, registration, or other item sold; or (b) a percentage of each qualifying transaction. You are responsible for ensuring that your Kickback Offer is financially viable.
    5. Reporting Misuse. If you become aware of any suspected fraudulent, abusive, or unauthorized use of a Kickback Link associated with your Event, you must promptly notify Posh.  
  3. EVENT ORGANIZER FUNDING OBLIGATIONS; POSH AS LIMITED PAYMENTS AGENT.
    1. Commission Payouts. Upon receipt of payment from a purchaser of a ticket, registration, or item that is associated with a Kickback Link, Posh will disburse Commission payouts to Consumers. All Commission payouts shall be deducted from your Event Proceeds (together with all Posh Fees, Taxes, and Other Deductions and Setoffs).
    2. Sufficient Revenue. You are solely responsible for ensuring that the Event for which you configured a Kickback Offer generates sufficient revenue to cover all Commission obligations arising from your Kickback Offer.  
    3. Refund and Chargebacks. In the event a ticket, registration, or other item purchase that generated a Commission is subsequently canceled, refunded, charged back, or otherwise reverted, the corresponding Commission obligation is automatically voided and any associated payout may be withheld or reversed by Posh.
    4. Appointment of Posh as Limited Payments Agent. To the extent applicable, you hereby appoint Posh as your limited payments agent for the sole purpose of receiving, holding, and settling Commission payments to Consumers pursuant to the Kickback Program.  Out of the funds Posh collects for the Event Organizer, through its Payment Processor, Posh will settle payments that are actually or constructively received for the Event Organizer in connection with the Kickback Program to the applicable Consumer, less any amounts owed to Posh, including fees and other obligations, as set forth in these Event Organizer Kickback Terms. You agree that a payment received by Posh, on behalf of you as the Event Organizer, satisfies the Commission payments obligation to Consumers, regardless of whether Posh actually settles payment to Consumers. Consumers will only have recourse against Event Organizer and no other party as Commission payments are deemed made upon receipt from of the funds by Posh.  In other words, there is no risk of loss to the Consumer if Posh fails to remit Commission payments to the Organizer. If Commission Payments cannot be paid to Consumers because they have not fully onboarded with Posh or set up their account with Stripe, Posh will continue to hold the Organizer's funds until such funds can be allocated to Consumers.
  4. REPRESENTATIONS AND WARRANTIES. By using the Kickback Program, you represent and warrant that: (a) all information you provide to Posh in connection with your Kickback Offer and Event listings is accurate, complete, and not misleading; (b) your use of the Kickback Program complies with all applicable laws and regulations; and (c) you will not use the Kickback Program for any unlawful or fraudulent purpose.
  5. DISCLAIMER. Posh is not responsible for: (a) the performance or promotional activities of any Consumer that you have made a Kickback Link available to (including their compliance with applicable law); (b) the number of ticket, registration, or item sales generated through any Kickback Link; or (c) any reputational, financial, or operational harm caused by a Consumer’s promotional conduct in sharing a Kickback Link. Posh has no obligation to endorse or vet any Consumers using the Kickback Program and makes no representations in connection with the activities of such Consumers.
  6. 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 Kickback Links associated with your events, if: (a) you breach any provision of these Event Organizer Kickback Terms, Posh’s Terms of Service, or Event Organizer Agreement; (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: (a) all active Kickback Links associated with your Events will be deactivated; and (b) you will remain liable for all Commissions that accrued prior to the termination date.
  7. 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 configuration and use of the Kickback Program; (b) your breach of these Event Organizer Kickback Terms; or (c) any misrepresentation made by you in connection with your Kickback Offer.
    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).
  8. MODIFICATION. Posh may amend these Event Organizer 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 Event Organizer Kickback Terms, you must immediately disable the Kickback Program for all of your Events and cease using the Kickback Program.
  9. GENERAL.
    1. Entire Agreement. These Event Organizer Kickback Terms, together with Posh's Terms of Service, the Event Organizer Terms, and Privacy Policy, constitute the entire agreement between you and Posh with respect to the Kickback Program as it applies to Event Organizers, and supersede all prior or contemporaneous agreements and understandings on that subject matter.
    2. Severability. If any provision of these Event Organizer 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 Event Organizer 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 Event Organizer Kickback Terms without Posh's prior written consent. Posh may freely assign its rights and obligations under these Event Organizer 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 Event Organizer Kickback Terms.
    6. Dispute Resolution. The Arbitration Agreement set forth in the Terms of Service applies to these Event Organizer Kickback Terms.

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

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