This Eventastic Consultant Agreement ("Consultant Agreement","Agreement") contains the terms and conditions that govern your participation in the Eventastic Consultant Program (the "Program"). This Consultant Agreement is made between the Consultant ("You", "Consultant") whose signature and name appear on this Agreement and Eventastic, Eventastic Weddings, Eventastic’s Giftopia and/or Giftopia. Inc. ("We", "Us", "Company", "Our").
We will pay you advertising fees for Qualifying transactions. A “Qualifying transaction” occurs when you help an affiliate set up Eventastic tools (“Create Event” button) on their website through your effort and promotion followed by tickets and/or cash transactions being carried out for events created through Eventastic Tools on the affiliate’s website. No advertising fee will be applicable to 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. Your effort and promotion for helping an affiliate set up Eventastic account and tools will be tracked through a unique code. It is your responsibility to use your unique code.
You will be paid an advertising fee of 25% of Eventastic transaction charge (25% of ticket or cash transaction fees) for all the events created through the “Create Event” button on the affiliate’s website tagged to your account using your unique consultant link. Eventastic charges a transaction charge only for events that includes tickets or cash donations / gifts. If the event organized is free, Eventastic does not charge any transaction charge. It is your responsibility to ensure that the affiliates use your code to set up their account. This is needed to track the affiliate’s ticket sales and cash donations / gifts tied to your account.
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 transaction occurs. Advertising fees will flow to the consultant at the same time the remaining fees flow to Giftopia Inc and/or Eventastic. The payment is currently being done exclusively via Paypal.
To qualify as a Consultant, you agree to: (i) apply with Eventastic upon agreement; (ii) purchase an at cost Business Kit; (iii) sign this Agreement; and (iv) perform sales activities necessary to generate personal advertising fee of $480 within 4 months of your registration date. You acknowledge and agree that, if after four consecutive months you have not achieved personal advertising fee of $480, you will be treated as inactive and all Consultant privileges will be forfeited by you.
From time to time Eventastic and/or Giftopia may elect to offer payment terms for the purchase of the Business kit. This may include refund from your first proceeds.
From time to time, we may modify the participation requirements. This section describes requirements and restrictions applicable to you as a consultant.
- A minimum advertising fee of $120/month is generated after the first four months of registration. Each account created by you will continue to payout on events for as long as you are active.
- No customer complaints are being issued against you, you do not violate terms in this agreement and no illegal activities are being performed with Giftopia Inc’s products.
- You will not engage in any promotional, marketing, or other advertising activities for products excluding Eventastic using our trademarks, logos or products.
- You may be required from time to time to provide the Company with information relating to your activities.
- You acknowledge and agree that the Company’s promotional programs are designed to reward and recognize your personal efforts, recruiting and promoting activities. You will not assign sales or recruits to third parties so as to qualify or receive greater rewards , advertising fee or incentives.
- You agree not to create affiliate accounts solely for the purpose of qualifying for advertising fee, bonuses, incentives or other benefits.
In addition to the above mentioned, the renewal process is subject to contract changes. You are not an employee of Company and shall not be entitled to receive from the company any benefits whatsoever. The company shall not be required to make contributions for employment insurance, Canada pension plan, workers compensation and other similar levies in respect of payments to be made to you as an Eventastic Consultant. Without limiting the generality of the foregoing, you shall be fully responsible for paying all applicable federal or provincial withholding taxes, source deductions, taxes, employment insurance premiums, Canada pension plan contributions, worker’s compensation contributions or Provincial employee health tax contributions and other premiums, license requirements and fees related to your activities under the Company’s compensation plan.
We will not pay advertising fee for:
- transactions associated with events that were not created through Eventastic tools or your unique sales link on the affiliate’s website;
- transactions associated with events that is not correctly tracked or reported because the links from the affiliates site to Eventastic Site or Eventastic tools are not properly formatted;
- transactions for any event that is canceled or returned; and
- transactions for any event after termination of this Consultant Agreement.
EventReps are individuals appointed by an event organizer to promote an event. EventReps are rewarded through a percentage of the actual transaction price which is determined by the event planner. If you are appointed as an EventRep by the event organizer, you can earn an additional income. You will receive a unique link to sell tickets and you can earn a percentage of the transaction price for every ticket sold through your unique link. The responsibility to reward you lies with the event planner. Eventastic owes no responsibility for the payment of EventRep fee.
The relationship between you and the Company is that of independent contractors and not that of joint venturers, partners, principal and agent or employer and employee. Nothing in this Agreement shall be deemed to permit you to conduct business in the name of or on account of Company, or to incur or assume any expense, debt, obligation, liability, tax or responsibility on behalf of or in the name of Company, or to act in Company’s behalf or to bind Company in any way whatsoever.
You acknowledge and agree that the privileges associated with Consultant status are personal to you and that your rights and obligations under the terms and conditions of this Agreement cannot be assigned or transferred. Additionally, any earnings information presented by Eventastic and/or Giftopia Inc should not be considered as guarantees or projections of actual earnings or profits.
This Agreement may be terminated by either party at any time in writing, with or without reason. In the event of such termination, Company will remit to you any rewards due through the effective date of termination; provided that such remittance will be subject to offset for amounts due to the Company hereunder. You hereby undertake and agree to indemnify and hold harmless Company against all costs or damages of any nature or kind whatsoever which Company might incur, directly or indirectly, as a result of any actions that you might take contrary to the provisions set forth in this Agreement.
You 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.