Eventastic Affiliates Operating Agreement


This Eventastic Affiliates Operating Agreement ("Operating Agreement") contains the terms and conditions that govern your participation in Eventastic Affiliates Program (the "Program"). "We," "us," or "our" means Eventastic, Eventastic Weddings or Eventastic’s Giftopia, Giftopia Inc. "You" or "your" means the applicant. A "site" means a website.


"Eventastic Site" means Eventastic site or any other site that is owned or operated by or on behalf of us or our affiliates and which is identified as participating in the Program in the Eventastic Affiliates Program Refund Fee Schedule, as applicable. "Your site" means any site(s) and software application(s) that you own or operate and link to Eventastic site. Note that software applications are prohibited from participating in the Program unless expressly approved pursuant to the AFFILIATES PROGRAM PARTICIPATION REQUIREMENTS.


Affiliate Program Participation Requirements


The Affiliate Associates Program Participation Requirements page is part of the Operating Agreement that governs your participation in the Eventastic Affiliate Program. This page describes requirements and restrictions applicable to you as a Program participant. From time to time, we may modify the participation requirements described on this page in accordance with the Operating Agreement. All capitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement.


1. You will ensure that your site is not unsuitable (as described in Section 2 of the Operating Agreement).


2. You will not display or otherwise use our or our affiliates’ trademarks or logos (including any Eventastic Mark) except solely as expressly permitted under and in accordance with the Operating Agreement.


3. You will not display or otherwise use any trademark or logo of any third party seller on the Eventastic Site in connection with any Eventastic Tools unless you have obtained from that seller the specific right to do so.


4. You will not remove, obscure, or alter, or make invisible, illegible, or indecipherable to visitors of your site, any "Privacy Information" link or any of our or our trademarks or logos (including any Eventastic Mark) that we include in Eventastic tools.


5. You will use Content solely in accordance with the terms of the Operating Agreement and within the express scope of the license granted in Section 10 of the Operating Agreement. Without limiting the foregoing, you will (a) use Content solely to send end users and sales to the Eventastic Site and will not link any Content to, or in conjunction with any Content direct traffic to, any page of a site other than the Eventastic Site (however, parts of your site that are not closely associated with the Content may contain links to sites other than the Eventastic Site); and (b) link each use of the Content solely to the related Product detail page or other relevant page of the Eventastic Site and not to any other page.


6. You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our products, or in connection with the Eventastic Site or the Program, that are not expressly permitted under the Operating Agreement.  For example, you will not engage in any promotional, marketing, or other advertising activities in any offline manner, including by using any of our or our products and affiliates’ trademarks or logos (including any Eventastic Mark), any Content, or any Special Link in connection with an offline promotion or in any other offline manner (e.g., in any printed material, mailing, SMS, MMS, email or attachment to email, or other document, or any oral solicitation).  Upon our request, you will provide us with written certification that you have complied with Section 5.  We will specify the form of, and content required in, that certification in our request.  Any failure by you to provide the certification in accordance with our request will constitute a material breach of this Operating Agreement.


7. Except as agreed between you and us in a separate written agreement referencing this Participation Requirement, you will not use any Content or Eventastic tools, or otherwise link to the Eventastic Site, on or in connection with:


- any client-side software application (e.g., a browser plug-in, helper object, toolbar, extension, or component or any other application executable or installable by an end user) on any device, including computers, mobile phones, tablets, or other handheld devices, other than Approved Mobile Applications; or


8. You will not add to, delete from, or otherwise alter any Content in any way, including by adding additional information (e.g., you may not insert words into a customer review), except that you may resize Content consisting of a graphic image in a manner that maintains the original proportions of the image or truncate Content consisting of text in a manner that does not materially alter the meaning of the text or cause the text to become factually incorrect or misleading.


9. You will not sell, resell, redistribute, sublicense, or transfer any Content or any application that uses, incorporates, or displays any Content. For example, you will not use, or enable or facilitate the use of, Content on or within any application, platform, site, or service (including social networking sites) that requires you to sublicense or otherwise give any rights in or to any Content to any other person or entity, nor will you create links formatted with your Associate’s tag for, or display such links on, a site that is not your site. 


10. You will promptly remove from your site and delete or otherwise destroy any Content that is no longer displayed on the Eventastic Site or that we notify you is no longer available for your use.


11. You will not use any Content, including any name or likeness embodied in that Content, in a manner that implies a person’s or company’s endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party, or cause (including by placing unrelated third party materials in close proximity to Content).


12. You will not seek to purchase or register any Proprietary Term for use in any Search Engine; purchase, register, or otherwise use any Proprietary Term as or in a domain or subdomain name; or register or use any Proprietary Term as or in any Associates ID or "tag." In addition to any other rights or remedies available to us, upon our request you will cause any Search Engine designated by us to exclude Proprietary Terms from keywords used to display your advertising content in association with search results (e.g., request exclusion by negative keyword bidding), assuming the Search Engine offers such exclusion capabilities.


13. You will not bid on or purchase keywords, search terms, or other identifiers (including Proprietary Terms) or otherwise participate in keyword auctions on any Search Engine if the resulting paid search advertisement is a Prohibited Paid Search Placement. You may purchase paid search advertisements and submit links to Search Engines to appear in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), so long as you comply with the Operating Agreement and those paid or unpaid search results send users to your site and not directly or indirectly, via a Redirecting Link, to the Eventastic Site.


14. You will not intercept, record, redirect, read, interpret, or fill in the contents of any electronic form or other material submitted to us by any person or entity.


15. You will not request, collect, obtain, store, cache, or otherwise use any account information used by our customers in connection with any Eventastic Site (including any usernames or passwords of Eventastic Site customers).


16. You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of the Eventastic Site.


17. You will not make any orders or engage in other transactions of any kind on the Eventastic Site on behalf of any other person or entity, or authorize, assist, or encourage any other person or entity to do so. If you do it will be at your liability and the risk falls on you.


18. You will not take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, browse, or order) are occurring.


19. You will not include on your site, display, or otherwise use Eventastic tools or Content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.


20. You will not frame the Eventastic Site, or any part of it, within your site, including by display within an integrated web browser (e.g., WebView) within a Mobile Application. However, displaying an Eventastic Tools on your site in accordance with the Operating Agreement will not be considered a violation of this Participation Requirement.


21. You will not post or serve any Eventastic Tools or links or other content promoting the Eventastic Site within any pop-up or pop-under windows, transitional page ads, or layer ads around or in conjunction with the display of any site that is not your site.


22. You will not include any Eventastic Tools in any content that you place on the Eventastic Site (for example, in connection with any advertising service available through the Eventastic Site or in a customer review, forum, listmania, guide, or any other customer-generated context available on the Eventastic Site).


23. You will not attempt to circumvent the Eventastic Affiliates Program Refund Fee Schedule or artificially increase your refund fees (e.g., by intentionally featuring, purchasing, or requesting or encouraging any other person or entity to purchase, low-price items offered on the Eventastic Site (as determined by us) for the purpose of exceeding any refund fee threshold, or by causing any page of the Eventastic Site to open in a customer’s browser other than as a result of the customer clicking on an Eventastic tool on your site).


24. You will not attempt to intercept or redirect (including via software installed on users’ computers) traffic from or on, or divert refund fees from, any site that participates in the Program.


25. You will not artificially generate clicks or impressions on your site or create Sessions on the Eventastic Site, whether by way of a robot or software program or otherwise.


26. You will not display or otherwise use any of our customer reviews or star ratings, in part or in whole, on your site unless you have obtained a link to that customer review or star rating through our approval.


27. You will not cloak, hide, spoof, or otherwise obscure the URL of your site containing Eventastic Tools (including by use of a redirecting page) or the user agent of the application in which Content is displayed or used such that we cannot reasonably determine the site or application from which a customer clicks through such Eventastic Tool to the Eventastic Site.


28. You will not knowingly collect, use, or disclose personal information from children under 13 years of age unless authorized by their parent or guardian.


BY CHECKING THE BOX OR CLICKING THE "ACCEPT AND CONTINUE" BUTTON, AS APPLICABLE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE Eventastic.COM SITE, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT, INCLUDING THE AFFILIATES PROGRAM PARTICIPATION REQUIREMENT. IN ADDITION, IF THIS OPERATING AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.


1. Description of the Program


The purpose of the Program is to permit you to display "Eventastic’s tools" that includes "Create Event" button, "List Event" dashboard and "Get Tickets" widget on your site and to earn refund fees for Qualifying transactions (defined in Section 6) made by your end users.


In order to facilitate your display of Eventastic tools, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with the Program ("Content"). Content specifically excludes any data, images, text, or other information or content relating to products offered on any site other than the Eventastic Site.


2. Enrollment


To begin the enrollment process, you must submit a complete and accurate Program application. You must identify your site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application if we determine that your site is unsuitable. Unsuitable sites include those that:


(a) promote or contain sexually explicit materials;


(b) promote violence or contain violent materials;


(c) promote or contain libelous or defamatory materials;


(d) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;


(e) promote or undertake illegal activities;


(f) are directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated thereunder;


(g) include any trademark of Eventastic or its affiliates, or a variant or misspelling of a trademark of Eventastic or its affiliates, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site (see the Trademark Guidelines for examples; or


(h) otherwise violate intellectual property rights.


If we reject your application, you are welcome to reapply at any time. However, if we accept your application and we later determine that your site is unsuitable, we may terminate this Operating Agreement.


You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Program and this Operating Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.


It is the affiliates responsibility to assure programs such as these are permitted by your local government.  If your government legislation does not allow such programs Giftopia Inc and Eventastic are in no way responsible or liable for any actions that occur within this program in those areas.  It is important to understand these details and react responsibly. In addition any tax, or tax liability remains that of the affiliate.


Mobile Applications


If you wish to include Eventastic Tools in a software application designed and intended for use on mobile phones, tablets, or other handheld devices (a "Mobile Application"), the suitability and other requirements of this Section 2 will apply to Mobile Applications.


Eventastic Tools may only be displayed in Mobile Applications that are Approved Mobile Applications. An "Approved Mobile Application" means a Mobile Application that we have approved for distribution.


3. Eventastic Tools on Your Site


After you have been notified that you have been accepted into the Eventastic Affiliate Program, you will immediately find 2 buttons on your profile page. These buttons will allow anyone to create a wedding website or an event page free of charge. It will show up under your events and you as an affiliate will earn refund fees on any revenue generating transactions. In addition you may display Eventastic tools on your site. “Eventastic tools” includes “Create Event” button, “List Events“ dashboard and “Get tickets” widget that you place on your site in accordance with this Operating Agreement, that properly utilize the link and code we provide, and that comply with the Affiliates Program Linking Requirements. Eventastic Tools permit accurate tracking, reporting, and accrual of refund fees.


You may earn refund fees only as described in Section 6 and only with respect to activity occurring directly through Eventastic Tools. We will have no obligation to pay you refund fees if you fail to properly format or link the Eventastic tools on your site, including to the extent that such failure may result in any reduction of refund fee amounts that would otherwise be paid to you under this Operating Agreement.


Affiliates Program Linking Requirements


This Affiliates Program Linking Requirements page is part of the Operating Agreement that governs your participation in the Eventastic Affiliates Program. This page describes general terms applicable to all types of links and tools (including widgets) you may place on your site to send traffic to the Eventastic Site. It also includes special terms applicable to certain link types that we may make available to you through the Program. From time to time, we may modify the linking requirements described on this page, or the types of widgets, tools and other links that we make available to you, in accordance with the Operating Agreement. All capitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement.


Affiliates Program Linking Requirements


This Affiliates Program Linking Requirements page is part of the Operating Agreement that governs your participation in the Eventastic Affiliates Program. This page describes general terms applicable to all types of links and tools (including widgets) you may place on your site to send traffic to the Eventastic Site. It also includes special terms applicable to certain link types that we may make available to you through the Program. From time to time, we may modify the linking requirements described on this page, or the types of widgets, tools and other links that we make available to you, in accordance with the Operating Agreement. All capitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement.


General Requirements Applicable to All Links and Tools.


Eventastic Tools or links will be made available to you by us. If we inform you that your site does not qualify to use certain types of links or tools, you must cease displaying those types of Eventastic Tools or links on your site. You are solely responsible for the content, style, and placement of each Eventastic Tools or link that you place on your site and for ensuring that Eventastic tools and links (made available to you by us) include the appropriate formatting necessary for us to properly track referrals of customers from your site. In addition, you must not use a link shortening service in a manner that makes it unclear that you are linking to an Eventastic Site or Tool. Under no circumstances may you associate any tag or sub-tag with a specific end user of your site (e.g., you may not dynamically assign sub-tags to users as they arrive on your site for purposes of monitoring such users’ behavior).


You may add or delete Products or Tools (and related links) from your site at any time without our approval. However, you may not use links to link to the Eventastic site from references to products on your site that are not “Tools”or “Products” as defined in the Operating Agreement. You must remove from your site any links and related references to limited time promotions on or before the expiration date of that promotion.


You must not make inaccurate, overbroad, deceptive or otherwise misleading claims about any Eventastic Tool, the Eventastic Site, or any of our policies, promotions or prices.


Our refund fee and availability may vary from time to time. Some types of links that we may make available to you may contain a link to an informational page on an Eventastic site that is not formatted as an Eventastic Tool (e.g., links to privacy policy information at the bottom of banners may not be formatted as Eventastic Tool).


If you implement mechanisms that prevent us from crawling or otherwise monitoring your site, you agree that these types of links or tools may not function properly and you will be solely responsible for any such malfunction.


4. Program Requirements


By participating in the Program, you agree that you will comply with the Affiliates Program Participation Requirement and all pages, schedules, policies, guidelines, specifications, user manuals, and supporting materials that we make available to you, and other documents and materials referenced in this Operating Agreement (collectively, “Operational Documentation).


You will provide us with any information that we request to verify your compliance with this Operating Agreement or any Operational Documentation. In addition to any other rights or remedies available to us, we may terminate this Operating Agreement, withhold (and you agree you are not eligible for) any refund fees payable to you under this Operating Agreement, or both, if we determine that you or other persons that we determine are affiliated with you or acting in concert with you (whether in respect to any existing or previously terminated Affiliate account):


- have not complied with any requirement or restriction described in the Affiliate Program Participation Requirement page or any other Operational Documentation or have otherwise violated this Operating Agreement;


- have violated any requirement or restriction described in the applicable agreements governing participation in any other Affiliates Program offering provided by any of our products - Eventastic Weddings or Giftopia; or


- have violated Eventastic Mobile App Distribution Agreement


In addition, you hereby consent to us:


- sending you emails relating to the Program from time to time;


- monitoring, recording, using, and disclosing information about your site and visitors to your site that we obtain in connection with your display of Eventastic Tools; and


- monitoring, crawling, and otherwise investigating your site to verify compliance with this Operating Agreement and the Operational Documentation.


5. Responsibility for Your Site


You will be solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:


- the technical operation of your site and all related equipment;


- displaying Eventastic Tools and Content on your site in compliance with this Operating Agreement and the Operational Documentation and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your site);


- creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site (including all Product descriptions and other Product-related materials and any information you include within or associate with Eventastic Tools);


- using the Content, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights);


- disclosing on your site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers; and


- any use that you make of the Content, whether or not permitted under this Operating Agreement.


We will have no liability for these matters or for any of your end users’ claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your site, and all other matters described in this Section 5; (c) your use of any Content, whether or not such use is authorized by or violates this Operating Agreement, any Operational Documentation, or applicable law; (d) your violation of any term or condition of this Operating Agreement or any Operational Documentation; or (e) your or your employees' negligence or willful misconduct.


6. Refund Fees


We will pay you refund fees for Qualifying transactions in accordance with Section 7 and the Eventastic Affiliates Program Refund Fee Schedule.


Subject to the exclusions set forth below, a “Qualifying transaction” occurs when a customer clicks through the “Create Event” button on your site to set up an event and sells tickets or has transactions that includes cash gifts and/or cash donations.


Qualifying transactions exclude, and we will not pay refund fees on any of the following:


- transactions for any event that was not created through Eventastic tools or links on your website;


- transactions for any event that is not correctly tracked or reported because the links from your site to Eventastic Site or Eventastic Tools are not properly formatted;


- transactions for any event created through an Eventastic Tool in a Mobile Application that was not an Approved Mobile Application;


- transactions for any event after termination of this Operating Agreement;


- transactions for any event that is canceled or returned; and


- transactions associated with funds that flow direct to charities and not through the organizer. This is a fee free function in an effort to support charitable donations and does not pay a fee.


Any transaction conducted via Eventastic includes a Paypal fee, in addition to the Eventastic fee. Paypal fees is always outside the scope of the refund fees.


Eventastic Affiliate Program Payment Schedule


This Affiliates Program Payment Schedule (“Schedule”) is part of the Operating Agreement that governs your participation in the Eventastic Affiliates Program. This schedule describes the refund rates you may receive as a participant in the Program. From time to time, we may modify this Schedule in accordance with the Operating Agreement. All capitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement.


You may earn refund fees for Qualifying transactions. Eventastic charges its customer a transaction charge ($0.99 for cash donation /gifting, $0.25, $0.50, $0.75 or $0.99 for ticketing) and a processing fee (2.5% on the price of every ticket sold or cash donation/gift). Refund fees are calculated as a percentage of Eventastic transaction charge. We may also offer refund fees in the form of bounties, sponsorship or other special offers as described in the “Special Offers and Promotions” section below.


A. Standard Refund Fees


The Program’s standard refund fee structure, applicable to Qualifying transactions made is described in the table below.


Refund Fee Rates


Refund Fee

Tickets sold for events created through “Create Event" Button

25% of transaction charge

Cash transactions for events created through “Create Event" Button

25% of transaction charge


* Current Eventastic fee includes two components (a) a transaction charge of $0.99 for each goods or services sold or cash transaction (includes online donation and cash gifts) (b) a processing fee of 2.5% for each ticket sold or goods or services sold or cash transaction.

Tickets priced $0.01-4.99 will incur a charge of $0.25, Tickets priced $5.00-9.99 will incur a charge of $0.50, Tickets priced $10.00-19.99 will incur a charge of $0.75, Tickets priced $20.00+ will incur a charge of $0.99


* Any ticket sold or item sold or cash transaction done through Eventastic includes a Paypal fees. Eventastic fee does not include Paypal fees. The refund fee always remains outside the standard Paypal fees.


* All credit card processing is subject to a standard credit card transaction charge. Eventastic fee does not include the credit card processing fee.


B. Calculation of Refund Fees


Refund fee will be calculated as 25% of Eventastic transaction charge associated with every “Qualifying transaction”. Example, if in a given year, 100 ticketed events were created through the “Create Event” button on your website, and if each of those events sold 300, $20.00+ priced tickets, you will receive a refund of $7500 ($0.25 X 30,000) in that year.


Number of ticketed events - 100
Number of tickets sold (300 per event) - 100 X 300 = 30,000
Refund fee - 30,000 X $0.25 = $7500


C. Special Offers and Promotions


From time to time, we may run special or limited time sponsorships or promotions under which you may earn refund fees or you may earn increased refund fee rates from those set forth above. We may notify you about special offers or promotions through emails, blog posts, or other means.


D. EventRep Rewards


When you are holding an event at your venue, you can appoint Event Reps to promote your event. You can motivate your EventReps through rewards that includes a negotiated % of transactions. You can also reward your EventReps through gift cards, discounts against services, rent and others. You can pay your EventReps in many different ways.


Example, if you appoint companies setting up booths in your venue as EventReps, you can reward your EventReps through discounts against rent, discounts against future events and services, rewards points or cash.


It is your responsibility to reward your EventReps. Eventastic owes no liability towards the payment of EventReps appointed by you.


As an affiliate you are also entitled to participate in the EventRep program if the organizer deems so.


7. Refund Fee Payment


Refund fees will be paid out for Qualifying transactions in one of two ways deemed by Giftopia Inc and/or Eventastic.  Either at the end of each event, as organizers cash out or as each event ticket or transaction occurs.  Refund fees will flow to the Affiliate at the same time the remaining fees flow to Giftopia Inc and/or Eventastic.  The payment is currently being done exclusively via Paypal.


8. Policies and Pricing


Customers who use Eventastic and its products through this program are our customers with respect to all activities they undertake in connection with the Eventastic Site. As as result, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Eventastic Site will apply to those customers, and we may change them at any time.


9. Identifying Yourself as an Affiliate


You will not issue any press release or make any other public communication with respect to this operating agreement, your use of the Content, or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Operating Agreement. You must, however, clearly state the following on your site: “[Insert your name] is a participant in the Eventastic Affiliates Program, an affiliate refund program designed to provide a means for sites to earn refund fees by advertising and linking to Eventastic and Eventastic tools.


10. Limited License


Subject to the terms of this Operating Agreement and solely for the limited purposes of advertising and displaying Eventastic tools on, and directing end users to, the Eventastic Site in connection with the Program, we hereby grant you a limited, revocable, non-transferable, non-sub licensable, non-exclusive, royalty-free license to (a) copy and display the Content solely on your site; and (b) use only those of our trademarks and logos that we may make available to you as part of Content (those trademarks and logos, collectively, “Eventastic Marks) solely on your site and in accordance with the Affiliates Program Trademark Guidelines.


The license set forth in this Section 10 will immediately and automatically terminate if at any time you do not timely comply with any obligation under this Operating Agreement or any Operational Documentation, or otherwise upon termination of this Operating Agreement. In addition, we may terminate the license set forth in this Section 10 in whole or in part upon written notice to you. You will promptly remove from your site and delete or otherwise destroy all of the Content and Eventastic Marks with respect to which the license set forth in this Section 10 is terminated or as we may otherwise request from time to time.


Affiliate Program Trademark Guidelines


These Trademark Guidelines ("Guidelines") apply to your use of our and our affiliates' trademarks and logos that we may make available to you from time to time, including as part of any content you obtain from us (collectively, "Eventastic Marks"). "We," "us," or "our" means Eventastic or Giftopia Inc or any of its affiliate companies, as the case may be. "You" means the person or entity using an Eventastic Mark. Strict compliance with these Guidelines is required at all times, and any use of an Eventastic Mark in violation of these Guidelines will automatically terminate any license related to your use of the Eventastic Marks.


1. Your use of the Eventastic Marks must (i) comply with the most up-to-date version of all agreement(s) with us regarding your use of any of the Eventastic Marks (collectively, "Agreements"); (ii) comply with the most up-to-date version of these Guidelines; and (iii) comply with any other terms, conditions, and policies that we may issue from time to time that apply to the use of the Eventastic Marks. You will not use any Eventastic Mark in any other place, for any other purpose, or in any other manner. For example, you may not use any Eventastic Mark in connection with any offline promotion or in any other offline manner (e.g., in any printed material, mailing, or other document).


2. You may not use or display any Eventastic Mark in any manner (i) that implies sponsorship or endorsement by us; (ii) to disparage us, our products, or our services; (iii) that may, as determined by us, diminish or otherwise damage our goodwill in any Eventastic Mark; or (iv) other than as specifically authorized under the Agreements.


3. You may not alter or modify any Eventastic Mark in any manner. You may display an Eventastic Mark only in the exact format in which we provide it to you. No alternate representation or stylization is permitted. For example, you may not change the proportion, color, or font of any Eventastic Mark, or make any additions to or remove any elements from any Eventastic Mark.


4. Each Eventastic Mark must appear by itself, with reasonable spacing between each side of the Eventastic Mark and other visual, graphic or textual elements. Under no circumstance may any Eventastic Mark be placed on any background that interferes with the readability or display of that Eventastic Mark.


5. You must prominently include a statement on your site stating that Eventastic and the Eventastic logo are trademarks of Giftopia Inc. or its affiliates. For example, if your site displays the Eventastic.com and Eventastic, you would include the following statement:


“Eventastic, the Eventastic logo are trademarks of Giftopia Inc. or its affiliates.”


6. You acknowledge and agree that all rights in and to the Eventastic Marks are our exclusive property, and any goodwill generated by your use of any Eventastic Mark will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any Eventastic Mark.


7. You are not allowed to use any trademark of Eventastic or its affiliates, or a variant or misspelling of a trademark of Eventastic or its affiliates:


a. in any domain name or subdomain name – for example, a domain name or subdomain name such as <Eventastic.com>, <Eventasticweddings.com>, <Eventasticgifts.com>, is prohibited;


b. In any username, group name, or other identifier on any social networking site – for example, a username such as “Eventastic Japan,” “Eventastix,” or “Eventastic For You,” registered on a site such as Facebook, Twitter or YouTube is prohibited; or


c. In any application name – for example, an application name such as “Eventastic App,” “Eventastix,” is prohibited.


We may modify these Guidelines at any time and in our sole discretion by posting a change notice or revised Guidelines on the Eventastic.com site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF THE Eventastic MARKS. YOUR CONTINUED USE OF ANY Eventastic MARK FOLLOWING OUR POSTING OF A CHANGE NOTICE OR REVISED GUIDELINES ON THE Eventastic.COM SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.


We reserve the right, exercisable in its sole discretion, to take appropriate action against any use without permission or any use that does not conform to these Guidelines.


11. Reservation of Rights; Submissions


Other than the limited licenses expressly set forth in Section 10, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this Operating Agreement or otherwise, acquire any ownership interest or rights in or to, the Program, Eventastic tools, link formats, Content, any domain name owned or operated by us or our affiliates, Operational Documentation, our and our affiliates’ trademarks and logos (including the Eventastic Marks), and any other intellectual property and technology that we provide or use in connection with the Program (including any application program interfaces, software development kits, libraries, sample code, and related materials). If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about a product or in connection with this Operating Agreement, any Content, or your participation in the Program, or if you modify any Content in any way, (collectively, “Your Submission”), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.


12. Compliance with Laws


In connection with your participation in the Program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state, provincial or otherwise) that govern marketing email (e.g., the CAN-SPAM Act of 2003).


13. Term and Termination


The term of this Operating Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of this Operating Agreement, any and all licenses you have with respect to Content will automatically terminate and you will immediately stop using the Content and Eventastic Tools and promptly remove from your site and delete or otherwise destroy all links to the Eventastic Site, all Eventastic Marks, all other Content, and any other materials provided or made available by or on behalf of us to you under this Operating Agreement or otherwise in connection with the Program. We may withhold accrued unpaid refund fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns). Upon any termination of this Operating Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 5, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19, and 20 together with any accrued but unpaid payment obligations of us under this Operating Agreement, will survive the termination of this Operating Agreement. No termination of this Operating Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Operating Agreement prior to termination.


14. Modification


We may modify any of the terms and conditions contained in this Operating Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on the Eventastic.com site or by sending notice of such modification to you by email to the email address then-currently associated with your Associates account (any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent). Modifications may include, for example, changes to the Affiliates Program Refund Fee Schedule, Affiliates Program Participation Requirements, payment procedures, and other Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE Eventastic.COM SITE OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.


15. Relationship of Parties


You and we are independent contractors, and nothing in this Operating Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Operating Agreement, you will be deemed to have taken the action yourself.


16. Limitation of Liability


WE WILL NOT BE LIABLE FOR TAXES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, OPERATIONAL DOCUMENTATION, THE Eventastic SITE, OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE Eventastic SITE, AND THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL REFUND FEES PAID OR PAYABLE TO YOU UNDER THIS OPERATING AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.


17. Disclaimers


THE PROGRAM, THE Eventastic SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE Eventastic SITE, ANY Eventastic TOOLS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, Eventastic.COM DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE Eventastic MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS.” NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, THE Eventastic SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.


18. Miscellaneous


You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Operating Agreement or operate sites that are similar to or compete with your site. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Operating Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Operating Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Operating Agreement.


Whenever used in this Operating Agreement, the terms “include(s),” “including,” “e.g.,” and “for example” mean, respectively, “include(s), without limitation,” “including, without limitation,” “e.g., without limitation,” and “for example, without limitation.” Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Operating Agreement, may be made, taken, or given in our sole discretion.


19. Agreement


I agree that this Agreement shall be governed for all purposes by and construed in accordance with the laws of the Province of Ontario. Any dispute arising out of this Agreement shall be properly brought in the Courts of the Province of Ontario or Federal Court in the Province of Ontario.  If any provision of this Agreement shall be declared excessively broad, it shall be construed so as to afford the Company the maximum protection permissible by law. If any provision of this Agreement is void or is so declared, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect.


Updated: December, 2013.