Introduction
Purpose and Relationship to Terms of Service
This Merchant Agreement ("Agreement") outlines the terms under which Organizers can use the Fannatickets platform to list, promote, and sell Services. It is supplementary to and incorporates by reference the Fannatickets Terms of Service ("TOS"). In instances of conflict between this Agreement and the TOS, the provisions of this Agreement prevail.
Obligations of the Organizer
Event Listings and Accuracy
Organizers are required to provide accurate and lawful information in their event listings, including but not limited to event dates, ticket availability, and pricing. The content must comply with all applicable laws and regulations.
Event Management and Consumer Interactions
Organizers must manage their events responsibly, ensuring high standards of service and consumer satisfaction. They are responsible for direct interactions with Consumers and must handle all inquiries, complaints, and refund requests professionally.
Payment and Fees
Fee Structure
Fannatickets Service Fees and Payment Processor Fees are charged to the Consumer, as detailed in the TOS.
Payout Processing and Settlement Schedules
Fannatickets pays out all monies owed to Organizers on the day of the event, in most cases; however, when some Services are purchased by Consumers, payout may occur prior to the day of the event (for example, booths or sponsorships). Regardless of payout schedule, Organizers are wholly responsible for delivering on their commitments and agreements with Consumers; Fannatickets assumes no liability for the ability or responsibility of the Organizer to deliver on their commitments.
Payouts are made to the account specified by the Organizer, who is wholly responsible for providing accurate payment acceptance information.
Indemnity Agreement (Hold-Harmless Clause)
Scope of Indemnity
Organizers agree to indemnify and hold harmless Fannatickets against any claims, losses, or damages arising from their events. This includes scenarios where an Organizer's failure to fulfill commitments leads to consumer dissatisfaction or legal claims. Full details of indemnity and hold harmless are provided in the TOS.
Event Failures and Misinformation
The indemnity covers any misrepresentations or failures to deliver promised services, protecting Fannatickets from legal repercussions due to Organizer negligence or misinformation.
Relationship of Parties
Independent Entities
This Agreement does not establish any form of partnership, joint venture, or employer-employee relationship between Fannatickets and the Organizer. Organizers operate as independent entities and do not have any authority to legally bind Fannatickets.
Priority of Agreements
Governing Document
In the case of any inconsistencies between this Agreement and the TOS, the terms of this Merchant Agreement will control, ensuring clarity and precedence in legal obligations and rights.
Termination of Agreement
Termination Terms
Either party may terminate this Agreement under specified conditions, which include breach of contract, legal infractions, or operational discontinuities.
Consequences of Termination
Upon termination, all financial obligations accrued must be settled, access to services will be revoked, and any outstanding transactions must be completed per the terms agreed upon.