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14 December 2018          
 
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Affiliate Program

Become a KC Tickets Affiliate:

Our affiliate program is available for anyone (blogger, event manager, webmaster, business, etc.) to join.  You will earn commissions from product and service sales posted on kctickets.online that are referred thru your assigned active affiliate links.  Vast distribution relationships within the regional area are a part of our goal to support economic development and we look forward to the opportunity in working with you.

After you review our affiliate program terms and would like to get started simply continue with creating an affiliate account registration.  You then will be given a choice of affiliate tracking links to direct your website visitors to kctickets.online.  Please make sure that you save all the links you would like to use or possibly for future use.   All sales activity will be tracked through the network with your designated affiliate code. You'll earn the posted commission rate on each sale that originates from your affiliate URL link. 

If you have any questions in regards to the affiliate program you may email: contact@kctickets.online

 

AFFILIATE AGREEMENT

By signing up and/or using a affiliate account with KC Tickets, LLC you agree (as of the day you create your account, the “Effective Date”) that you the user acting as an [ individual, corporation, partnership, etc.], to the terms and conditions of KC Tickets, LLC affiliate program.

RECITALS

WHEREAS, KC Tickets, LLC is engaged in a regional destination marketplace or platform for information, reservations, and ticketing. Operating as a centralized multi- tenant service hub for venders, distributors, partners, and affiliates to market and sale products and services online under the branded name “KC Tickets.”

WHEREAS, the Affiliate provides links on third party websites or the Affiliate’s website, URL address and;

WHEREAS, KC Tickets, LLC wishes to engage the Affiliate for the purpose of promoting its website kctickets.online by placing a hyperlink on the Affiliate Website as a link, banner, or advertisement on the terms and conditions set forth below;

WHEREAS, the Affiliate wishes to post the Link on the Affiliate Website and agrees to do so under the terms and conditions of this Agreement; and

WHEREAS, each Party is duly authorized and capable of entering into this Agreement.

NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the Parties hereby agree as follows:

PURPOSE.

KC Tickets, LLC hereby engages the Affiliate, and the Affiliate hereby accepts such engagement, to perform the services described in this Agreement and in Exhibit A attached hereto and made a part hereof, in connection with posting the Link on the Affiliate Website (the “Services”).

COMPENSATION

In exchange for the Services, KC Tickets, LLC shall pay the Affiliate a referral fee as set forth in Exhibit A hereto (the “Referral Fee”). Payments of the Referral Fee, if any, shall be made according to the payment schedule set forth in Exhibit A hereto.

TERM

This Agreement is effective as of the Effective Date and shall continue in force, unless otherwise terminated in accordance with the provisions of Section 4 of this Agreement, until termination from KC Tickets, LLC or Affiliate user. The Agreement will renew automatically on a day to day basis thereafter unless either Party provides its intent not to renew by account deletion.

TERMINATION

Types of Termination. This Agreement may be terminated:

By either Party on provision of account deletion.

By either Party for a material breach of any provision of this Agreement by the other Party, if the other Party’s material breach is not cured within 90 days of notice thereof.

By either Party at any time and without prior notice, if the other Party is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of the other Party, or is guilty of serious misconduct in connection with performance under this Agreement.

By KC Tickets, LLC, in accordance with the provisions set forth in Section 9(a) of this Agreement.

Responsibilities after Termination. Following the termination of this Agreement for any reason, KC Tickets, LLC shall promptly pay the Affiliate any outstanding Referral Fees owed to the Affiliate for Services rendered before the effective date of the termination (the “Termination Date”). The Affiliate acknowledges and agrees that no other compensation, of any nature or type, other than any outstanding Referral Fees, shall be payable hereunder following the termination of this Agreement. The Affiliate shall return to KC Tickets, LLC, at no cost, all materials and information KC Tickets, LLC has provided to the Affiliate in connection with this Agreement, no later than 14 days after the Termination Date.

RESPONSIBILITIES

Of the Affiliate. The Affiliate agrees to do each of the following:

Post the Link on the Affiliate Website as detailed in this Agreement and Exhibit A to this Agreement.

Perform the Services in a workmanlike manner and with professional diligence and skill, using fully-trained, skilled, competent, and experienced personnel.

Display the Link in a manner on the Affiliate Website that does not reflect adversely on KC Tickets, LLC or mislead visitors.

Of KC Tickets, LLC. KC Tickets, LLC agrees to do each of the following:

Provide all assistance and cooperation to the Affiliate in order to enable the Affiliate to post the Link on the Affiliate Website.

Provide initial information and deliver the materials comprising the Link within 14 days of the Effective Date.

Ensure the Link is of acceptable quality, content, and format, as further detailed in Section 9 to this Agreement and in Exhibit B attached hereto and made a part hereof.

Maintain accurate records of the data used to determine the Referral Fee.

Make a good faith effort to provide customers with any products and/or services promoted by the Link.

Use commercially reasonable efforts to maintain KC Tickets, LLC Website and minimize any downtime or errors that affect the operability of the Link.

CONFIDENTIAL INFORMATION

The Affiliate agrees, during the Term and ongoing thereafter, to hold in strictest confidence and not to use, except for the benefit of KC Tickets, LLC or as required by law, or to disclose to any person, firm, or corporation without the prior written authorization of KC Tickets, LLC, any Confidential Information of the KC Tickets, LLC. “Confidential Information” means any of KC Tickets, LLC’s proprietary information, technical data, trade secrets, or know-how, including, but not limited to, research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to the Affiliate by KC Tickets, LLC either directly or indirectly. The Affiliate may use the Confidential Information to the extent necessary for negotiations, discussions, and consultations with KC Tickets, LLC’s personnel or authorized representatives or for any other purpose KC Tickets, LLC may hereafter authorize in writing. At the request of the KC Tickets, LLC, the Affiliate must promptly return all copies of Confidential Information received from KC Tickets, LLC, and must promptly destroy all other Confidential Information prepared by the Affiliate, including, without limitation, any notes, reports, or other documents.

PARTIES’ REPRESENTATIONS AND WARRANTIES

The Parties each represent and warrant as follows:

Each Party has full power, authority, and right to perform its obligations under the Agreement.

This Agreement is a legal, valid, and binding obligation of each Party, enforceable against it in accordance with its terms (except as may be limited by bankruptcy, insolvency, moratorium, or similar laws affecting creditors’ rights generally and equitable remedies).

Entering into this Agreement will not violate the charter or bylaws of either Party or any material contract to which that Party is also a party.

The Affiliate hereby represents and warrants as follows:

The Services shall be performed in accordance with and shall not violate any applicable laws, rules, or regulations, and the Affiliate shall obtain all permits or permissions required to comply with such laws, rules, or regulations.

The Affiliate shall notify KC Tickets, LLC of any changes to the Affiliate Website that would materially change its target audience or the size and/or placement of the Link at least 14 days prior to implementing such changes.

The Services required by this Agreement shall be performed by the Affiliate or the Affiliate’s staff, and the KC Tickets, LLC shall not be required to hire, supervise, or pay any assistants to help the Affiliate perform such Services.

The Affiliate is responsible for paying all ordinary and necessary expenses of its staff.

The content comprising the Affiliate Website is not defamatory, discriminatory, violent, or obscene, does not constitute false advertising, solicit unlawful behavior, and violate any applicable laws, rules, or regulations.

KC Tickets, LLC hereby represents and warrants as follows:

KC Tickets, LLC will make timely payments of any Referral Fees earned by the Affiliate.

KC Tickets, LLC shall notify the Affiliate of any changes to its procedures affecting the Affiliate’s obligations under this Agreement at least 14 days prior to implementing such changes.

The content comprising the KC Tickets, LLC’s Website is not defamatory, discriminatory, violent, or obscene, does not constitute false advertising, solicit unlawful behavior, and violate any applicable laws, rules, or regulations.

KC Tickets, LLC has the right to sell the products or services promoted by the Link.]

KC Tickets, LLC shall provide such other assistance to the Affiliate as it deems reasonable and appropriate.

INTELLECTUAL PROPERTY

No Intellectual Property Infringement by KC Tickets, LLC. KC Tickets, LLC represents to the Affiliate and unconditionally guarantees that all text, graphics, photos, designs, trademarks, or other content comprising any (i) Link and (ii) KC Tickets, LLC’s Website are owned by KC Tickets, LLC, or that KC Tickets, LLC has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend the Affiliate and its subcontractors from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the KC Tickets, LLC. KC Tickets, LLC further represents to the Affiliate that the Link does not infringe, dilute, or otherwise violate third-party rights or trademarks.

No Intellectual Property Infringement by Affiliate. The Affiliate represents to KC Tickets, LLC and unconditionally guarantees that all text, graphics, photos, designs, trademarks, hyperlinks, or other content on the Affiliate Website are owned by the Affiliate, or that the Affiliate has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend KC Tickets, LLC and its subcontractors from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Affiliate. The Affiliate further represents to KC Tickets, LLC that the Affiliate Website’s domain name or URL listing does not infringe, dilute, or otherwise violate third-party rights or trademarks.

KC Tickets, LLC Property Rights. All text, graphics, photos, designs, trademarks, service marks, tradenames, or other content comprising the Link provided, leased, or licensed to the Affiliate with respect to the Affiliate’s performance of the Services are the sole property of KC Tickets, LLC, and the Affiliate has no ownership or other intellectual property rights in or to such items. Without the prior written consent of KC Tickets, LLC, the Affiliate will not use or mention KC Tickets, LLC’s name, or publish or distribute any materials provided, leased, or licensed to the Affiliate, for any purpose not specified in this Agreement.

Affiliate Property Rights. All text, graphics, photos, designs, trademarks, hyperlinks, or other content on the Affiliate Website are the property of the Affiliate and KC Tickets, LLC has no ownership rights or other intellectual property rights to such items.

License. KC Tickets, LLC grants the Affiliate a non-exclusive, limited license to use its trademarks, service marks, and trade names only in connection with placing the Link on the Affiliate Website during the Term.

KC TICKETS, LLC’S RIGHTS

Right to Monitor Affiliate Website. KC Tickets, LLC has the right, but not the duty, to monitor the Affiliate Website. KC Tickets, LLC shall notify the Affiliate of any modification that KC Tickets, LLC reasonably requests be made to the Affiliate Website in connection with posting the Link. If the Affiliate fails to make such modification, KC Tickets, LLC reserves the right to terminate the Agreement immediately without notice.

Right to Modify, Replace Link. KC Tickets, LLC may, in its discretion, modify, update, or replace the Link with another Link no more than 5 times per month . Except as provided in Section 10 below, The Affiliate will remove the then-current Link from the Affiliate Website and replace such Link with the modified, updated, or replacement Link if effected by change or deleted link.

Right to Remove Link. KC Tickets, LLC may, in its discretion, direct the Affiliate to remove, and the Affiliate agrees to remove at KC Tickets, LLC’s direction, the Link from the Affiliate Website at any time and for any reason.

Right to Disclaimer. KC Tickets, LLC may, in its discretion, direct the Affiliate to post the disclaimer set forth in Exhibit A hereto on the Affiliate Website.

Affiliate Rights.

Right to Review Link. The Affiliate has the right, but not the duty, to review the Link, and does not accept responsibility or liability for any errors or inaccuracies.

No Right to Alter Link. Except as permitted on Exhibit B hereto, The Affiliate may not, without first obtaining the written consent of KC Tickets, LLC, alter the Link in any manner, including, but not limited to, modification of the design, color, format, specification, or content of the Link.

Right to Remove Link. The Affiliate may remove the Link from the Affiliate Website as set forth in Exhibit A hereto.

DELIVERY, FORMAT, AND POSTING.

Delivery of Link. The materials comprising the Link must be delivered to the Affiliate as set forth in Exhibit B hereto.

Format of Link. The Link shall be in the format set forth in Exhibit B hereto.

Posting of Link. The Link shall be posted on the Affiliate Website as set forth in Exhibit A hereto.

INDEMNIFICATION

Of KC Tickets, LLC by Affiliate. The Affiliate shall indemnify and hold harmless KC Tickets, LLC and its officers, members, managers, employees, agents, contractors, sublicensees, affiliates, subsidiaries, successors and assigns from and against any and all damages, liabilities, costs, expenses, claims, and/or judgments, including, without limitation, reasonable attorneys’ fees and disbursements (collectively, the “Claims”) that any of them may suffer from or incur and that arise or result primarily from (i) any gross negligence or willful misconduct of the Affiliate arising from or connected with the Affiliate’s carrying out of its duties under this Agreement, or (ii) the Affiliate’s breach of any of its obligations, agreements, or duties under this Agreement.

Of Affiliate by KC Tickets, LLC. KC Tickets, LLC shall indemnify and hold harmless the Affiliate from and against all Claims that it may suffer from or incur and that arise or result primarily from (i) its posting of the Link on the Affiliate Website in connection with the carrying out of its duties under this Agreement or (ii) KC Tickets, LLC’s breach of any of its obligations, agreements, or duties under this Agreement; provided, however, none of the foregoing result from or arise out of the actions or inactions of the Affiliate.

LAWS AFFECTING ELECTRONIC COMMERCE.

From time to time, governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Each Party agrees that it is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend the other Party and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the other Party’s exercise of Internet electronic commerce.

LIMITATION OF LIABILITY

KC TICKETS, LLC WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE AGREEMENT. KC TICKETS, LLC LIABILITY SHALL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE UNDER THE AGEEEMENT.

DISCLAIMERS

KC Tickets, LLC makes no express or implied warranties or representations with respect to any of the products or services sold through the Link, including, but not limited to, warranties of merchantability. KC Tickets, LLC makes no representations that the operation of KC Tickets, LLC Website will be uninterrupted or error-free during the Term.

NATURE OF RELATIONSHIP.

The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other. The Affiliate is and will remain an independent contractor in its relationship to KC Tickets, LLC. KC Tickets, LLC shall not be responsible for withholding taxes with respect to the Affiliate’s compensation hereunder. The Affiliate shall have no claim against KC Tickets, LLC hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Nothing in this Agreement shall create any obligation between either Party and a third party.

AMENDMENTS

No amendment, change, or modification of this Agreement shall be valid unless done so by KC Tickets, LLC

ASSIGNMENT.

Neither Party may, without the prior written consent of the other Party, assign, subcontract, or delegate its obligations under this Agreement, except that the Affiliate may transfer the right to receive any amounts that may be payable to it for its Services under this Agreement, which transfer will be effective only after receipt by KC Tickets, LLC of written notice or accout modification by the Affiliate of such assignment or transfer.

SUCCESSORS AND ASSIGNS

All references in this Agreement to the Parties shall be deemed to include, as applicable, a reference to their respective successors and assigns. The provisions of this Agreement shall be binding on and shall inure to the benefit of the successors and assigns of the Parties.

FORCE MAJEURE

A Party shall be not be considered in breach of or in default under this Agreement on account of, and shall not be liable to the other Party for, any delay or failure to perform its obligations hereunder by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that Party’s reasonable control (each a “Force Majeure Event”); provided, however, if a Force Majeure Event occurs, the affected Party shall, as soon as practicable:

notify the other Party of the Force Majeure Event and its impact on performance under this Agreement; and

use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations hereunder.

NO IMPLIED WAIVER

The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.

NOTICE

Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return-receipt requested) to the respective Parties as follows:

If to KC Tickets, LLC:

PO Box 901357

Kansas City, MO 64190-1357

If to the Affiliate:

The address supplied on affiliate account profile.

GOVERNING LAW

This Agreement shall be governed by the laws of the state of Missouri. In the event that litigation results from or arises out of this Agreement or the performance thereof, the Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled.

COUNTERPARTS/ELECTRONIC SIGNATURES

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, creation of an affiliate account or use of KC Tickets, LLC’s Website shall have the same force and effect as an original signature.

SEVERABILITY

Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.

ENTIRE AGREEMENT

This Agreement, together with the Exhibits hereto, constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.

HEADINGS.

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

EXHIBIT A

SERVICES

In exchange for the Referral Fee, the Affiliate will provide the following services:

Posting of Link.

Post the Link on the Affiliate Website on the Affiliate’s URL page

in a position to be determined by the Affiliate in its discretion; provided, however, that the Link may not be placed on the Affiliate Website in any position that would be misleading or cause confusion.

Post the Link on the Affiliate Website for such period(s) of time as may be determined by the Affiliate in its discretion.

Use reasonable efforts to ensure the Link works on the Affiliate Website, and that any visitor who clicks on the Link will be connected to the KC Tickets, LLC Website.

Removal of Link. Remove the Link from the Affiliate Website as may be determined by the Affiliate in its discretion; provided, however, that the Affiliate shall remove the Link from the Affiliate Website immediately if directed to do so by KC Tickets, LLC.

Customer Referral. Refer new, unique and legitimate customers to KC Tickets, LLC Website via the Link.

Disclaimer. Include the following disclaimer on the Affiliate Website in connection with the Link: KC Tickets and this website are not affiliated in any way and KC Tickets in no way endorses or sponsors the content of this Website

REFERRAL FEE

Calculation of Referral Fee. The Referral Fee shall be calculated by KC Tickets, LLC in good faith at a rate of the current published amount as determined by KC Tickets, LLC, on the Link (each, a “Click” and, collectively, the “Clicks”) that results in a sale of KC Tickets, LLC’s vendor products or services. KC Tickets, LLC will publish all rate changes with the inception of new vendor products or services or daily.

Records. KC Tickets, LLC shall maintain accurate and up-to-date records in accordance with generally accepted methods of accounting for all data used to determine any Referral Fee payable to the Affiliate.

Affiliate Inspection; Discrepancies. KC Tickets, LLC shall permit the Affiliate reasonable access to the records and data used to determine the Referral Fee for purposes of inspection. Any discrepancies between the KC Tickets, LLC’s records and any Referral Fee paid to the Affiliate shall be corrected by KC Tickets, LLC within 90 days of receiving written notification of such discrepancy from the Affiliate.

Payment. Except as provided below, any Referral Fee accrued and payable to the Affiliate shall be paid by KC Tickets, LLC on a

Monthly basis, and may be held until a following month untll the minimum baliance reaches 5 USD.

No Payment of Referral Fee. The Affiliate will not be eligible to receive a Referral Fee for, and KC Tickets, LLC will not pay a Referral Fee when:

Such Referral Fee results from a manipulative, false, or erroneous Click, including, but not limited to, any Click obtained by a fraudulent or deceptive program, device, or scheme, artificial mechanism, or the use of Affiliate’s employees to generate a false Click.

Such Referral Fee results accidentally from a duplicate sale.

The sale underlying such Referral Fee results in a return, cancellation, or refund, or when payment is not received by KC Tickets, LLC (each, a “Charge-back”).

Adjustment of Referral Fee. Any Referral Fee, or portion thereof, that has been paid to the Affiliate but later results in a Charge-back will be deducted from the Affiliate’s next Referral Fee. If no subsequent Referral Fee is to be paid to the Affiliate, an invoice will be sent to the Affiliate for the amount of the Charge-back.

Forfeiture of Referral Fee. Following termination of the Agreement by KC Tickets, LLC for a material breach pursuant to Section 4(a)(ii) thereof, the Affiliate will forfeit any Referral Fee for the last 30 days after the date of the Affiliate’s material breach.

EXHIBIT B

LINK GUIDELINES

FORM.

The Link shall be provided to the Affiliate in the following form(s): Images, Logos, Buttons, Banners, Text.

FORMAT.

The Link shall be provided to the Affiliate in the following format(s): [list acceptable formats here (e.g., HTML, GIF, text, jpg., etc.)] GIF, PDF, JPED, HTML, Text

DIMENSIONS.

The minimum size of the Link shall be “ANY” and the maximum size of the Link shall be “ANY” The Affiliate may increase or decrease the size of the Link to any size within the Range provided that any such increase or decrease must be proportional.

QUALITY.

Content. KC Tickets, LLC shall use reasonable efforts to ensure that the content of the Link is free of errors, including, but not limited to, factual, spelling, grammatical, and punctuation errors.

DELIVERY.

The materials comprising the Link must be delivered to the Affiliate electronically via account creation.

EXHIBIT C

LIST OF COMPETITORS

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