Please read the agreement document below before registering.
This agreement contains the complete terms and conditions that apply to an individual or entity s participation in the Barrys Ticket Service Affiliate Program (the Program ). As used in this Agreement, Barrys Ticket Service, Inc (the corporation holding the Barrys Ticket Service trademark) will be referred to as we and the applicant will be referenced as you. The term site applies to a World Wide Web site and, depending on the context, refers to either Barrys Ticket Service.com or any site that you will link to ours.
1) Term of the Agreement: The term of this Agreement will begin upon our acceptance of your Affiliate Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. In addition, Barrys Ticket Service reserves the right to cancel the Program at any time and for any reason, without prior notice. Upon the termination of this Agreement or the Program for any reason, you will immediately cease use of, and remove from your site, all links to Barrys Ticket Service.com and all Barrys Ticket Service trademarks, trade dress, logos, and all other materials provided by or on behalf of us to you in connection with the Program. You are eligible to earn referral fees only on ticket transactions that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. To ensure that you are paid the correct amount, we may withhold your final payment for a reasonable time.
2) Enrollment in the Program: To begin the enrollment process, you must submit a completed Affiliate Application. We will evaluate your application in good faith and will notify you of our acceptance or rejection of your application. Your application may be rejected if we determine, in our sole discretion, that your site is unsuitable for the Program. Unsuitable sites include, without limitation, those that:
- promote violence
- promote illegal activities
- promote sexually explicit content
- promote any type of discrimination
- violate any copyrights or intellectual property rights
- contain any parameter deemed inconsistent with the standards of behavior and decorum associated with our brand and website
- Participation in the Affiliate Program: As a participant in the Affiliate program you acknowledge that you are not participating in Barrys Ticket Service’s Large Seller program. If we determine that you are participating in both, your affiliate account will be cancelled and commissions will be held to determine the legitimacy of the transactions
3) Order Tracking and Processing: We will track and process all transactions made by customers who follow special links from your site to our site. We will send you reports summarizing sales activity. The form, content, and frequency of these reports may vary from time to time at our discretion. To enable accurate tracking, reporting, and commission accrual, you must ensure that the special links between your site and our site are properly formatted. When customers come to Barrys Ticket Service.com via your links, our web server sends a client-side text string (cookie) containing your unique affiliate code to their computers. Our system then uses those strings to identify your site at the point of purchase or sale. We are responsible for all aspects of order processing and fulfillment. Along with providing customer service, we will handle all transaction logistics including payments, cancellations, and shipping. We reserve the right to cancel orders that do not comply with any requirements we establish.
4) Qualifying Transactions: For a ticket transaction to qualify for a commission, the customer must do the following: follow a link (in the format specified by us) from your site to www.Barrys Ticket Service.com; purchase any "Best Value" tickets using our consumer-branded online marketplace (www.BarrysTickets.com); accept delivery of the tickets at the shipping destination or ship the tickets in accordance with our policies; and remit full payment to us in the case of a purchase. Ticket transactions that are canceled, refunded or the subject of a credit card charge back will not qualify for commissions, nor any purchases of tickets that are not marked "Best Value" Commissions are attributed to an affiliate when the affiliate is responsible for the customers last click before purchase of "Best Value" Tickets. We reserve the right to reject transactions that do not comply with these or other requirements that we periodically establish. Your site will be credited for every qualifying transaction, including repeat purchases or sales that occur within 60 days of referral from your site.
5) Commissions: Affiliates only earn commissions for purchases of "Best Value" Tickets (marked with a green "BV" icon) on BarrysTickets.com. You will not earn commissions for sales that are made through alternative sites by sellers who we have designated as "Large Sellers" or for clothing or other merchandise other than tickets and gift certificates. Additionally, you will not earn commissions for tickets that you or someone in your household buys on Barrys Ticket Service.com. Barrys Ticket Service will pay commissions within 30 days of the completion of the month. Normally payments arrive between the 15th and 20th days of each month. Your commissions will be transferred to your PayPal account, less any taxes that we are required by law to withhold. However, if the commissions payable to you for any month are less than $20.01, we may hold those commissions until the total amount due is at least $20.01 or, if earlier, this Agreement is terminated. If a transaction that generated a commission is later cancelled by a customer, we will deduct the corresponding commission from your next payment or, if thereafter your site accrues no commissions during the following quarter, we may send you a bill for the overpayment. Affiliates are not eligible to receive commissions on their own transactions.
6) Brand Integrity: As a leading ticket site with corporate partners in the NFL, NBA, MLB, NHL, and NCAA (among others), Barrys Ticket Service’s brand identity is extremely valuable and protected. Affiliate partners may not modify our logo or represent themselves as Barrys Ticket Service in any way, such as by citing themselves as an "Official Site" in search engine listings or by posting duplicate content from the Barrys Ticket Service.com site. Partners may not use our trademarks or terms confusingly similar to our trademarks, as URLs, PPC keyterms, trademarks and/or trade names. Partners also should not use any of the content or images shown on Barrys Ticket Service.com, except for those contents that are expressly approved for use in this agreement.
When using a message board or community site to generate traffic, affiliates must be compliant with that site’s policies. This includes not posting on sites that prohibit all affiliate activity, such as Craigslist.org.
While affiliates may use our XML feed to allow users to search our event database on their own site, the final point-of-purchase must always occur on BarrysTickets.com.
In addition, affiliates are required to abide by all terms and conditions associated with Barrys Ticket Service coupon codes and discounts. Accordingly, affiliates may not post such codes or distribute them in any other manner as all such codes are non-transferable and intended only for one-time use. Further, affiliates are not permitted to offer their users cash or other incentives for accessing Barrys Ticket Service web sites through links placed on affiliate web sites or emails. As explained further below, affiliates that engage in any of the foregoing will be subject to immediate suspension or termination. Commissions will not be accrued during suspension.
Affiliates shall not contact Barrys Ticket Service customers directly and shall forward any customer calls to Barrys Ticket Service.
7) Policies and Pricing: Customers who buy or sell tickets through this Program will be deemed to be customers of Barrys Ticket Service.com. Accordingly, all Barrys Ticket Service.com rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply. We may change our policies and operating procedures at any time and without notice.
8) Limited License: We grant you a nonexclusive, revocable right to use graphic images and text we provide to you and other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating ticket transactions. You may not modify any of these graphic images or text in any way. We reserve all intellectual property rights of Barrys Ticket Service.com, including text, graphic images or any other images, trade names, trademarks, and copyrights. You agree to follow our trademark guidelines and are aware that these may change. In the event of a change, you must make relevant changes to your site to conform to the changed guidelines within 20 days. We may revoke your license at any time, with or without cause, by giving you written notice. Upon receiving a revocation notice from Barrys Ticket Service, you have 10 days to cease all use of material licensed to you by Barrys Ticket Service.
9) Responsibility for Your Site: You are solely responsible for the development, content, operation, and maintenance of your site. This responsibility includes:
- functionality of Barrys Ticket Service links
- maintaining current Barrys Ticket Service creative elements in connection with such links
- the technical operation of your site and all related equipment
- the accuracy and appropriateness of site content (including ticket-related information)
- the assurance that site content does not violate or infringe upon the rights of any third party (including copyrights, trademarks, privacy, or other personal and proprietary rights)
- assurance that site content is neither libelous or otherwise illegal
10) Modification: We may modify any of the terms or conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM WILL CONSITUTE BINDING ACCEPTANCE OF THE CHANGE.
11) Relationship of Parties: You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representatives, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You may not make any statement, whether on your site or otherwise, that would reasonably contradict anything in this section.
12) 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 Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to any claim arising out of this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement during the six (6) months preceding such claim.
13) Disclaimers: We name no express or implied warranties or representations with respect to the Program or any tickets sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
14) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE 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 WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
15) Arbitration: Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extend permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration or otherwise.
16) Miscellaneous: This Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. We may assign this agreement at any time and without notice to our successor-in-interest following a merger, acquisition or similar corporate transaction. 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.
17) Spyware: We will refuse all applications or signups from affiliates which we believe participate in spyware, adware or parasiteware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions.
18) Guidelines for Using Paid Search Listings: Many of our affiliates are now using paid search to generate commission. Here are the guidelines:
- Correct representation of Barrys Ticket Service.com’s brand.
- If you are linking directly to Barrys Ticket Service.com’s site, you must place Barrys Ticket Service.com URL as the visible URL in your ad.
- You may not use Barrys Ticket Service within your creative, and cannot state that you are Official or copy any creative in Barrys Ticket Service’s own paid listings.
- You shall not purchase or register search engine keywords, AdWords, search terms or other identifying terms that include the word “Barrys Ticket Service ” or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits you from bidding on:
- Barrys Ticket Service.com’s trademark, “Barrys Ticket Service ”, Barrys Ticket Service.com and any keyword string that includes this term. For example, ”, “Barrys Ticket Service coupons ”, “Barrys Tickets and coupons ”, “BarrysTickets ”, etc.
- Variations of Barrys Ticket Service.com’s trademark: for example “Barrys Tickets ”, “Tickets Barrys ”, “www.Barrys Ticket Service.com ”, “Barrys-Tickets ”, “Barrys Tickets ”, “www.Barrys Ticket Service ” “wwwBarrys Ticket Service.com ”, “Barrys Ticket Servicecom ”, etc.
- You are not permitted to bid on any form of competitors trademarks or misspellings of competitors trademarks on Barrys Ticket Service s behalf, or any terms that are trademarks or brands for items or events that are not available or catalogued on the Barrys Ticket Service website.
- You may not bid on any keyword that Barrys Ticket Service requests you to cease bidding on and you will not bid on this term in the future.
If Barrys Ticket Service.com determines, in its sole discretion, that you have purchased or attempted to purchase "Barrys Ticket Service" or failed to comply with any of the Guidelines above, then Barrys Ticket Service.com may (without limiting any other remedies available to it) pursue any or all of the following actions:
- Withhold, or cancel any and all compensation otherwise payable to you under this agreement;
- Remove you from the Barrys Ticket Service.com affiliate Program permanently.
If you violate any of these Barrys Ticket Service.com conditions, we may remove you from the Program immediately and/or permanently. Barrys Ticket Service.com also reserves the right to withhold, or cancel any and all compensation for transactions not in compliance with these conditions.
I AGREE TO THESE TERMS AND WISH TO SIGN UP