This EventCreate Cashback Rewards Program Agreement (the “Agreement”) is entered into between EventCreate (“EventCreate,” “we,” “us,” or “our”) and the individual or entity enrolling in the program (“Participant,” “you,” or “your”). BY CHECKING THE BOX ACKNOWLEDGING THIS AGREEMENT AND CLICKING "ENROLL" (OR SIMILARLY LABELED BUTTON) DURING THE CASHBACK REWARDS PROGRAM (THE "PROGRAM") ENROLLMENT PROCESS, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 11. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CHECK THE BOX OR CLICK "ENROLL," AND DO NOT ENROLL IN THE PROGRAM.
To participate in the Program, you must:
a. Be a new EventCreate user. Existing and prior EventCreate account holders are not eligible.
b. Be switching from an alternative ticketing platform. You may be required to provide reasonable evidence of prior use of a competing ticketing or event management platform.
c. Complete enrollment in a qualifying plan through EventCreate's enrollment process, including checking the acknowledgment box and clicking "Enroll" as described above.
d. Minimum Volume Threshold for Cashback Accrual. Cashback does not begin to accrue in any calendar year until you have generated at least $1,000 in EventCreate ticketing fees in that calendar year (the “Threshold”), as further described in Section 2.1(e). This Threshold resets on January 1 of each calendar year, so that EventCreate ticketing fees generated in a prior calendar year do not count toward the Threshold for the current calendar year. If you do not reach the Threshold in a given calendar year, no Cashback accrues for that calendar year, and EventCreate may also suspend or terminate your participation in the Program for that reason.
EventCreate reserves the right to verify eligibility and to deny or revoke participation for any Participant who does not meet these requirements.
Subject to the terms of this Agreement, enrolled Participants will receive the following:
a. EventCreate will return to you 50% of EventCreate's own ticketing fees (defined below) collected on tickets you sell through the EventCreate platform (the “Cashback”), starting only after your cumulative EventCreate ticketing fees for the calendar year exceed $1,000 (see Section 2.1(e)); no Cashback accrues on the first $1,000 in EventCreate ticketing fees generated in a calendar year. Cashback is calculated only on EventCreate's platform fee and does not include, and is not calculated on, any payment processing or credit card processing fees charged by Stripe or any other third-party payment processor, which are separate charges paid to the processor and are never part of the Cashback base.
b. The applicable ticketing fee is 3.7% + $1.79 per ticket sold. The Cashback is calculated as 50% of the total ticketing fees actually collected.
c. Cashback is subject to a maximum of $100,000 per calendar year, per Participant, calculated on EventCreate ticketing fees collected above the Threshold described in Section 2.1(e). No Cashback will accrue on ticketing fees once this annual cap is reached.
d. EventCreate Fees Only. All ticketing fees referenced in this Agreement — including for purposes of the Cashback calculation, the annual cap, and the minimum volume requirement — refer solely to EventCreate’s ticketing fees (3.7% + $1.79 per ticket sold). Payment processing fees charged by Stripe or any other third-party payment processor (including credit card processing fees) are not EventCreate fees, do not count toward any calculation under this Agreement, and are not eligible for Cashback.
e. Threshold-Gated Accrual. Cashback accrues only on EventCreate ticketing fees collected after your cumulative EventCreate ticketing fees for the applicable calendar year exceed the $1,000 Threshold described in Section 1(d). No Cashback accrues on the first $1,000 in cumulative EventCreate ticketing fees generated in a calendar year; once your cumulative EventCreate ticketing fees for that calendar year exceed $1,000, Cashback accrues prospectively, at the rate described in Section 2.1(b), only on EventCreate ticketing fees collected after that point. This Threshold resets on January 1 of each calendar year, and EventCreate ticketing fees collected in a prior calendar year do not count toward, and do not carry over against, the Threshold for the current calendar year. Because Cashback never accrues on ticketing fees below the Threshold, no amounts are payable, and none will be paid, with respect to fees below the Threshold in any calendar year.
a. Cashback will be paid quarterly, based on ticketing fees collected during the preceding calendar quarter.
b. Payments are subject to EventCreate’s standard processing timelines and any applicable holds, refunds, chargebacks, or adjustments (see Section 4).
c. You are responsible for providing accurate payment and tax information. Payments may be delayed or withheld until required information is provided.
d. Automatic Program; No Redemption Request Required. Cashback under this Program is calculated and paid automatically based on ticketing fees collected, without any requirement that you submit a redemption request, coupon, or claim form. This Program is intended to operate as an automatic fee-return arrangement rather than a redemption-based rebate.
a. While enrolled and in good standing, you will receive a free Enterprise plan, which includes unlimited events, unlimited attendees, unlimited tickets, and unlimited emails, subject to the conditions below.
b. Paid Ticketing Condition. The complimentary Enterprise plan is provided to support paid ticketed events sold through the EventCreate platform. To receive and maintain the complimentary plan, you must generate at least $1,000 in EventCreate ticketing fees per calendar year (as set forth in Section 1(d)).
c. Free and Non-Ticketed Events. The complimentary plan does not extend to free events, RSVP-only events, or other events that do not sell paid tickets through EventCreate, except to the extent such events are incidental to your paid ticketing activity. For purposes of this Agreement, free or non-ticketed event activity is considered “incidental” if, during the trailing 12-month period, at least 70% of the events you host on the EventCreate platform are paid ticketed events, or such free/non-ticketed events collectively account for no more than 30% of total attendee registrations across your account. EventCreate will notify you if your account falls outside these thresholds and will provide the specific usage data supporting that determination upon request.
d. Remedies. If your account falls outside the usage thresholds described in Section 2.3(c) for two consecutive calendar quarters, EventCreate may, upon at least 30 days' written notice and an opportunity to cure by adjusting your usage or upgrading affected events to paid ticketing, require you to upgrade to a paid plan for the free or non-ticketed events causing the shortfall, or limit the complimentary plan to your paid ticketing events. EventCreate may suspend or terminate the complimentary plan or your Program participation only if the shortfall continues after that cure period.
The complimentary Enterprise plan does not include the following, which remain available only as separately priced add-ons or packages:
Any use of the above features may be subject to additional fees and separate terms.
a. Cashback is calculated on net ticketing fees actually collected and retained by EventCreate. Cashback will not be paid on fees that are refunded, reversed, charged back, or otherwise not collected.
b. If Cashback has already been paid on ticketing fees that are later refunded or charged back, EventCreate may deduct the corresponding amount from future Cashback payments or invoice you for the difference.
a. This Agreement remains in effect while you are enrolled in the Program and maintain an active qualifying account in good standing.
b. EventCreate may suspend or terminate your participation, withhold Cashback, or modify the Program if: (i) you materially breach this Agreement and, for breaches other than those described in (ii), fail to cure within 15 days of written notice describing the breach; (ii) you engage in fraudulent activity, including submitting false eligibility information under Section 1 or manipulating ticket sales or refunds to inflate Cashback; or (iii) your account is found, based on documented evidence provided to you upon request, to be structured primarily to generate Cashback rather than to sell genuine paid tickets to attendees.
c. Either party may terminate participation upon written notice. For purposes of this Agreement, Cashback “accrues” as and when the underlying EventCreate ticketing fees are collected, regardless of whether the applicable quarterly payment date under Section 2.2(a) has yet occurred. Upon termination, you will receive all Cashback accrued through the effective date of termination, calculated and paid in accordance with Section 2.2, subject to the adjustment rights in Section 4.
EventCreate reserves the right to modify, suspend, or discontinue the Program, or to change these terms, at any time, except that no modification will reduce or eliminate Cashback that has already accrued under Section 5(c) as of the date of the change. EventCreate will provide enrolled Participants with at least 30 days' advance written notice of any material change, including any change to the Cashback percentage, the fee definitions in Section 2.1, the annual cap, or the minimum volume requirement. Continued participation after the effective date of such changes constitutes acceptance, except that any material change to Section 11 (Dispute Resolution; Arbitration; Class Action Waiver) will require your affirmative acknowledgment (for example, by checking a box or clicking "I Agree") before it becomes effective as to you.
You are solely responsible for any taxes arising from Cashback payments received under the Program. EventCreate may issue tax forms and withhold amounts as required by applicable law.
THE PROGRAM, THE EVENTCREATE PLATFORM, AND ANY COMPLIMENTARY PLAN OR FEATURES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EVENTCREATE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT CASHBACK CALCULATIONS WILL BE FREE FROM ERROR (THOUGH EVENTCREATE WILL CORRECT ANY DEMONSTRATED CALCULATION ERROR BROUGHT TO ITS ATTENTION).
a. To the maximum extent permitted by applicable law, in no event will EventCreate be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to this Agreement or the Program, even if EventCreate has been advised of the possibility of such damages.
b. To the maximum extent permitted by applicable law, EventCreate's total aggregate liability arising out of or relating to this Agreement or the Program, whether in contract, tort, or otherwise, will not exceed the total amount of Cashback actually paid to you under this Agreement during the twelve (12) months immediately preceding the event giving rise to the claim.
c. The limitations in this Section 9 do not apply to EventCreate's obligation to pay Cashback that has accrued in accordance with Section 2 and Section 5(c), or to liability that cannot be limited or excluded as a matter of applicable law.
You agree to indemnify, defend, and hold harmless EventCreate and its officers, directors, employees, and agents from and against any third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of this Agreement, including any inaccurate eligibility representation made under Section 1; (b) your events, ticketing activity, or content hosted through the EventCreate platform, including disputes with attendees or ticket purchasers; (c) your violation of applicable law; or (d) fraudulent activity, ticket sale manipulation, or refund manipulation described in Section 5(b).
a. Binding Arbitration. Except as set forth below, you and EventCreate agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Program (a "Dispute") will be resolved exclusively by binding, individual arbitration administered under the rules of a nationally recognized arbitration organization, rather than in court, except that either party may bring an individual action in small claims court for Disputes within that court's jurisdiction. This Agreement is governed by the Federal Arbitration Act.
b. Class Action and Jury Trial Waiver. You and EventCreate each waive any right to a jury trial and agree that any Dispute will be brought only in an individual capacity, and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, consolidated, or representative proceeding. If this class action and jury trial waiver is found unenforceable as to a particular Dispute or form of relief, that Dispute or request for relief will be severed and proceed in court, and the remainder will be arbitrated.
c. Mass Filing Procedures. If 25 or more similar arbitration demands involving the same or substantially similar facts, circumstances, and legal issues are filed against EventCreate by the same or coordinated counsel or claim aggregators within a 60-day period ("Mass Filing"), the following procedures apply in lieu of ordinary case-by-case processing: (i) the parties and arbitration provider will select a maximum of ten claims from the Mass Filing to proceed first as "Bellwether Cases" through arbitration on a batched basis, in a number and order agreed by the parties or, absent agreement, selected by the arbitration provider; (ii) all remaining claims within the Mass Filing will be stayed pending resolution of the Bellwether Cases and any resulting global or individual resolution discussions; (iii) no arbitration provider fees, administrative fees, or arbitrator fees will be assessed against EventCreate for a stayed claim until it is selected to proceed; and (iv) the parties will cooperate in good faith with the arbitration provider on any bespoke mass-arbitration protocol adopted for the Mass Filing. Nothing in this Section 11(c) authorizes consolidated, class, or representative arbitration.
d. Severability of Arbitration Provision. If any part of this Section 11 is found invalid or unenforceable, that part will be severed and the remainder of this Section 11 will remain in full force and effect, except that if the class action and jury trial waiver in Section 11(b) is found unenforceable in its entirety and cannot be severed as to the affected Dispute, then this entire Section 11 will not apply to that Dispute.
Any notice required or permitted under this Agreement will be in writing and deemed given when sent by email to the address associated with your EventCreate account (or such other address as you provide in writing) or through an in-platform notification, and will be deemed received on the date sent, or the next business day if sent outside normal business hours. EventCreate will send notices to Participants using the contact information on file for the account.
You may not assign or transfer this Agreement, your Program participation, or any accrued or future Cashback, in whole or in part, without EventCreate's prior written consent, and any attempted assignment in violation of this Section is void. EventCreate may assign this Agreement without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
EventCreate will not be liable for any delay or failure to perform any obligation under this Agreement (other than payment of Cashback already accrued and due) where the delay or failure results from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, labor dispute, internet or utility failure, or failure of a third-party payment processor.
Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between you and EventCreate. You are an independent participant in the Program, and neither party has authority to bind the other.
Sections 4 (Adjustments, Refunds, and Chargebacks), 5(c) (accrued Cashback upon termination), 7 (Taxes), 9 (Limitation of Liability), 10 (Indemnification), 11 (Dispute Resolution; Arbitration; Class Action Waiver), and this Section 16 survive termination of this Agreement or your participation in the Program.
a. This Agreement is governed by the laws of the State of California, without regard to conflict of laws principles.
b. This Agreement, together with EventCreate’s standard Terms of Service and Privacy Policy, constitutes the entire agreement regarding the Program.
c. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
d. No Waiver. EventCreate's failure to enforce any provision of this Agreement, or delay in doing so, will not be deemed a waiver of that provision or of EventCreate's right to enforce it later. Any waiver of a provision of this Agreement must be in writing and signed by an authorized representative of EventCreate to be effective, and will apply only to the specific instance for which it is given.
e. No Third-Party Beneficiaries. This Agreement is for the benefit of EventCreate and the Participant only. Nothing in this Agreement is intended to, or does, confer any right or remedy on any third party, including any attendee, ticket purchaser, or other person who is not a party to this Agreement.
f. Headings; Interpretation. Section and subsection headings are for convenience of reference only and do not affect the interpretation of this Agreement. As used in this Agreement, "including" and "include" mean "including without limitation," and references to a Section include all subsections within it unless otherwise specified.
g. Electronic Acceptance and Communications. This Agreement may be accepted electronically as described in the introductory paragraph above, and that electronic acceptance is treated as a valid signature and as your agreement to be legally bound by this Agreement to the same extent as a physical signature. You consent to receive all notices, disclosures, and communications relating to the Program electronically, in accordance with Section 12.
h. Independent Legal Effect. Each provision of this Agreement, including each Exhibit, is intended to be independently enforceable. No provision of this Agreement limits the effect of any other provision unless this Agreement expressly says so.