Organizer Agreement

1. The following agreement sets forth the terms and conditions upon which Organizers can use the Services of the Website to create, promote and/or collect sales proceeds for an event selling tickets and/or registrations (this "Agreement").
2. By creating an Organizer account with the Website, you agree to the terms and conditions of this Agreement without modification and enter into a binding contract with The Fun Singles Inc, which will be applicable when and if you use the Services of the Website to create, promote and/or collect sales proceeds for an event selling tickets and/or registrations.
3. This Agreement and the rights and obligations contained in it are in addition to and are incorporated into the Terms of Use and Privacy Policy of the Website by reference if applicable to Organizer. Nothing in this Agreement shall be deemed to modify, waive, amend or rescind any other term of the said documents. Terms and words used in this Agreement shall have the same meaning as in the Terms of Use and Privacy Policy of the Website.
4. An Organizer is the sole responsible party for organizing his or her events. The Organizer, the venue or other 3rd parties are the only parties that can be held liable for hosting events and for any claims by attendees or other 3rd parties. The Website and The Fun Singles Inc shall not be liable for any damages or claims of any event participant (Attendee), venue provider or any other 3rd party in connection with the event, except when specifically agreed upon in this Agreement.
5. Organizers should note that the Website may use information it receives or collects regarding event Attendees in accordance with the Terms of Use and Privacy Policy.
6. As part of the creation of an event or at any time following such creation, you may be required by the Website to provide additional information (beyond the information required to register for the Services) about yourself, the entity you represent (if any) and/or the principal/beneficial owner(s) of the entity you represent (if any) (collectively, "Additional Registration Data"). As an example, the Additional Registration Data may include current address, doing business as (DBA) names, description of products, website address, bank account or other payment account information, Tax Identification Numbers, date of birth, passport or driver's license number, country of origin, copies of government identification documents and other personal information. This information may be used to verify your identity, the validity and/or legality of your transactions and/or whether you qualify to use the Services for paid events. You agree to: (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times.
7. Organizer agrees that the Website is permitted to share any registration data, Additional Registration Data and information relating to your events and transactions on the Services with our Payment Processing Partners (as defined below), and with your bank or other financial institution, in each case to the extent your transactions or events involve such third parties. In addition, you authorize the Website to verify your registration data and Additional Registration Data and conduct due diligence on you through third parties, including third party credit reporting agencies.
8. We reserve the right to suspend your account on the Website or to withhold any amounts due to you in the event that we reasonably believe that your registration data or Additional Registration Data is inaccurate or if you fail to provide all the requested information within the timeframes.
9. The Fun Singles does not and will not provide banking, deposit taking, stored value, insurance or any other financial services to an Organizer other than serving as a limited payment collection agent. To meet these ends, The Fun Singles utilizes third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, "Payment Processing Partners") and both Organizers and The Fun Singles are subject to the rules and regulations of such Payment Processing Partners.
10. The Fun Singles acts as Organizer's limited payment collection agent for the purpose of collecting all sales proceeds from ticket, registration and merchandise sales and donations solicited via the Services (collectively, "Event Registration Fees") through its Payment Processing Partners.
11. Organizers are responsible for calculating, withholding and paying applicable state or federal taxes.
12. For convenience, The Fun Singles shows you a balance of proceeds for your events in your The Fun Singles account, however, that balance merely reflects the amount of Event Registration Fees collected by our Payment Processing Partners.
13. Upon an order being placed by an Attendee and confirmed through The Fun Singles. The Fun Singles generates a confirmation message and issues a unique confirmation number for such Attendee's order. Organizer agrees to unconditionally accept, honor and fulfill all ticketing, registration, merchandise and donation commitments that have been confirmed by The Fun Singles through the Services, and it is Organizer's responsibility to verify an Attendee's confirmation number and/or any event restrictions prior to the applicable event.
14. Organizer agrees to pay The Fun Singles all applicable service fees for each ticket, registration or other item sold via the Services (the "Service Fee"). Organizer agrees to pay Service Fee for each ticket, registration or other item sold via the Services. Service Fee is $1.00 per ticket plus 4% of ticket price.
15. Payment processing occurs directly through our Payment Processing Partners. Within ten (10) business days after the successful completion of an event, if no refund requests are made within the time period specified in the Terms of Use, Refund Policy and Privacy Policy of the Website, The Fun Singles will cause its Payment Processing Partners to pass along all Event Registration Fees related to such event that have been collected by our Payment Processing Partners, subject to (i) deduction of all applicable Fees then due (see prior paragraph); and (ii) any other deductions authorized pursuant to this Agreement. You are not a direct party to any agreement with any Payment Processing Partner, nor are you a third party beneficiary of any such agreement.
16. With respect to any events, Organizer hereby appoints The Fun Singles as Organizer's limited payment collection agent solely for the purpose of collecting payments made by Attendees for such events through our Payment Processing Partners. Organizer agrees that a payment made by an Attendee to The Fun Singles shall be considered the same as a payment made by an Attendee directly to Organizer and Organizer will sell or provide all advertised goods and services to the Attendee as if Organizer had directly received the Event Registration Fees from such Attendee, regardless of whether the Event Registration Fees have yet to be received from The Fun Singles. Organizer agrees that in its role as limited agent, The Fun Singles is authorized to (i) enable Attendees to transfer or upgrade a ticket and/or registration (if such transfers are permitted by Organizer during the event registration process); (ii) hold, disburse and retain proceeds on Organizer's behalf pursuant to this Agreement; (iii) issue refunds to Attendees as set forth in this Agreement; and (iv) manage credit card chargebacks as set forth in this Agreement. In accepting appointment as the limited agent of Organizer, The Fun Singles assumes no liability for any acts or omissions of Organizer and Organizer understands that The Fun Singles' obligation to pay Organizer is subject to and conditional upon receipt of the associated Event Registration Fees from Attendees. Organizer further authorizes The Fun Singles to delegate its obligations under this Agreement to certain of its affiliated entities both within and outside the United States, provided, that The Fun Singles will remain liable for the discharge of its obligations under this Agreement by such affiliated entities.
17. Organizer agrees that all Event Registration Fees for a given event are earned by Organizer only following conclusion of the applicable event. The Fun Singles, in its discretion, may determine to advance a portion of Event Registration Fees to Organizer prior to the period set forth in this Agreement, on such terms and conditions as we may establish from time to time. Such terms will be agreed to by Organizer and The Fun Singles in a separate Addendum Agreement or separate terms and conditions made available at the time the advance is agreed to. Organizer agrees that any payments made by The Fun Singles of Event Registration Fees prior to the fifth (5th) business day after the end date of the applicable event are merely advances of amounts that may become due to Organizer under this Agreement and that The Fun Singles may demand back such advances (or any portion thereof) from time to time in its discretion based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in Organizer's credit profile or the underlying event(s)' risk profile, or breaches of the Terms of Service, including this Agreement. Upon receipt of notice of any such demand, Organizer shall thereupon promptly pay back to The Fun Singles the portion of any such advance demanded.
18. No payments shall be made to Organizer with respect to any event that is cancelled or with respect to which The Fun Singles believes there is a risk of cancellation or non-performance, unless The Fun Singles receives adequate security (as determined by The Fun Singles in its discretion) for Organizer's obligations under this Agreement. In addition, no Event Registration Fees for a given event shall be earned until that event is successfully completed. If payments have already been made to an Organizer for a cancelled event, Organizer will immediately refund to a payment address designated by The Fun Singles all such payments upon cancellation of such event for the purpose of effecting refunds if refunds are being made under the Terms of Use, Refund Policy and Privacy Policy of the Website.
19. Any credit card chargebacks or other transaction reversals initiated against The Fun Singles or its affiliates for any reason (except to the extent they are caused solely by The Fun Singles' negligence or willful misconduct) with respect to an Organizer's event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by The Fun Singles or its affiliates in connection with such chargebacks shall ultimately be the responsibility of Organizer, and Organizer agrees to promptly and fully reimburse The Fun Singles for such amounts on demand. As part of The Fun Singles' limited payment collection agency, The Fun Singles will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on behalf of Organizer and Organizer hereby authorizes The Fun Singles to do so and agrees to use reasonable efforts to cooperate with The Fun Singles in such re-presentment. However, The Fun Singles shall have no obligation to re-present any chargeback that it believes in its discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with the Organizer's refund policy or the provisions of this Agreement. Both parties agree that The Fun Singles' loss of any chargeback that has been re-presented by The Fun Singles shall not in any way limit Organizer's obligation to reimburse The Fun Singles and its affiliates under this paragraph.
20. Organizer agrees to communicate a refund policy to Attendees with respect to each event posted on the Services. The Refund Policy is incorporated by reference into this Agreement. All refunds must be processed through The Fun Singles, unless otherwise agreed by The Fun Singles. Organizer can not issue refunds to Attendees directly. The Fun Singles may determine in its discretion not to process any refunds.
21. All disputes regarding refunds are between Organizer and its Attendees. In the event of a dispute, The Fun Singles may try to mediate, but ultimately it is Organizer's obligation to settle the dispute. Notwithstanding the foregoing, The Fun Singles shall have the right to make refunds on Organizer's behalf as set forth in this Agreement and Refund Policy.
22. Notwithstanding the foregoing, Organizer authorizes The Fun Singles to make refunds in the following situations (i) Organizer specifically authorizes the refunds at the time; (ii) The Fun Singles believes in its discretion that specific orders should be refunded under Refund Policy, including without limitation, that they are required by applicable local, state, provincial, national or other law, rule or regulation, this Agreement or other applicable rules; (iii) The Fun Singles believes in its discretion that the refund request, if not granted, will lead to a chargeback that The Fun Singles is more likely than not to lose; (iv) Organizer failed to list Refund Policy on the applicable event page and The Fun Singles believes in its discretion that a refund would be reasonable under the circumstances; (v) The Fun Singles believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or (vi) The Fun Singles believes in its discretion that the order is a duplicate. Organizer also authorizes The Fun Singles to make refunds of any and all orders (including those for unrelated events) if (A) The Fun Singles believes in its discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations; (B) The Fun Singles believes in its discretion that there is substantial risk of nonperformance by Organizer with respect to the applicable event or future events; (C) The Fun Singles believes in its discretion that it is likely to receive complaints, refund requests, transaction reversals and/or chargebacks with respect to a substantial amount of orders; or (D) The Fun Singles believes in its discretion that Organizer is a Prohibited Merchant, has used the Services to process Prohibited Transactions or to manage Prohibited Events or that failing to make the refunds would otherwise expose The Fun Singles to legal liability. Because all sales are ultimately made by Organizers, Organizer hereby agrees to promptly and fully reimburse The Fun Singles and its affiliates upon demand for refunds that The Fun Singles makes pursuant to this Agreement, other than to the extent that the necessity for such refunds are caused by The Fun Singles' negligence or willful misconduct. Organizer acknowledges and agrees that chargebacks will result in losses to The Fun Singles in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback The Fun Singles is mitigating such losses and its damages with respect to Organizer's breach of this Agreement.
23. Privacy Policy and Refund Policy are incorporated into this Agreement and are considered to be part of it, so long as they do not contradict the terms of this Agreement.
24. In the event that Organizer fails to pay to The Fun Singles any amount owed pursuant to the Terms of Service (including without limitation this Agreement) when due and following a late payment notice being delivered by The Fun Singles, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (i) one percent (1%) per month, compounded monthly; and (ii) the maximum amount permitted by applicable local, state, provincial, national or other laws, rules or regulations. In the event any amounts are owed by Organizer to The Fun Singles under the Terms of Service (including without limitation this Agreement), The Fun Singles may, without limiting its other rights and remedies and to the extent permitted by applicable local, state, provincial, national or other laws, rules or regulations (A) withhold any amounts due to Organizer, whether for a particular event or for any other event that Organizer lists through the Services and use the withheld amount to setoff the amount owed by Organizer to The Fun Singles; and/or (B) send an invoice to Organizer for such amounts to the extent Organizer's outstanding balance is insufficient to cover these costs, in which case Organizer shall pay The Fun Singles such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to The Fun Singles hereunder is not made by Organizer when due and after receiving a late payment notice from The Fun Singles, The Fun Singles reserves the right, in its discretion and without limiting its other rights and remedies, to suspend or terminate Organizer's registration for the Services (including any and all accounts that Organizer may have).
25. Organizer agrees to promptly and fully reimburse The Fun Singles upon demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorneys' fees and expenses, incurred by The Fun Singles in collecting past due amounts from Organizer under this Agreement, the Terms of Service or otherwise.
26. Organizer is solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to his or her use of the Services. You agree that it is your sole responsibility to, and that you will, collect, remit and report the correct amounts of all such Taxes to the applicable governmental authorities, even if The Fun Singles provides you with tax tools or tax calculators that assist you in doing so.
27. The Fun Singles does not represent, warrant or guarantee that any tax tools or tax calculators provided to you will meet all tax requirements that may be applicable to you or that such tax tools or tax calculators will result in your collection or remittance of all applicable Taxes, which Taxes may vary based on the nature of your event, the nature of your tax status (individual, entity, business, consumer, etc.), your location, the location of your Attendees, credits and deductions for which you may qualify and other factors, and you hereby release The Fun Singles of any and all liability with respect to your use of the tax tools and/or tax calculators. None of such tax tools or tax calculators should be considered legal or tax advice. If you do collect Taxes on the Services, those Taxes will be treated like Event Registration Fees and The Fun Singles will pay such amounts to you at the same time as the underlying Event Registration Fees. If you use any tax tools or tax calculators that require you to input a tax registration number, you represent and warrant that such tax registration number is true and correct. The Fun Singles cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires The Fun Singles to pay any Taxes attributable to your use of the Services, you agree to promptly and fully reimburse The Fun Singles for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.
28. All Fees charged by The Fun Singles do not include any Taxes except to the extent that a Tax is expressly set forth in the applicable invoice or billing statement, and you agree to pay any Taxes that are imposed and payable on such Fees (other than those calculated based on The Fun Singles' net income) to The Fun Singles. If you are outside of the United States, you may be required to self-assess certain indirect Taxes on our Fees (or certain portions of our Fees) under the applicable reverse charge procedure on your indirect tax returns. To the extent you are required to self-assess, The Fun Singles will use reasonable efforts to note that on your invoices.
29. In addition, due to IRS regulations, if The Fun Singles processes transactions and issues you payouts (A) for more than twenty thousand dollars ($20,000) in gross sales; and (B) for more than two hundred (200) transaction orders, in each case during a given calendar year and in the aggregate across all of your accounts, The Fun Singles is required to report to the IRS (i) the gross amount of transactions for which you have been paid in that calendar year and in each month of that calendar year; (ii) your name; (iii) your address; and (iv) your Tax Identification Number ("Your Tax Information"). As part of these IRS regulations, The Fun Singles is required to either (A) collect Your Tax Information; or (B) establish that you are a foreign person not subject to US taxes, before your accounts pass the two hundred (200) order transaction threshold in the aggregate. Once your accounts cross the two hundred (200) order transaction threshold, you agree that you will not receive any further payments from The Fun Singles until either (A) or (B) above are satisfied. To learn more about these IRS regulations and why we are required to do this, see form 1099-K.
30. The Fun Singles reserves the right to withhold the payment of any amounts owed to you hereunder and dispose of them as required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order, in each case as determined by The Fun Singles.
31. If your account has had no activity for a period of time set forth in applicable unclaimed property (e.g., escheatment) laws and we hold funds related to your account, then we will notify you as required by applicable laws. If you do not claim your unclaimed funds within the timeframe notified to you, then we will escheat them to the applicable governmental authority in accordance with applicable laws.
32. Prohibited Merchants: By registering for the Services and accepting this Merchant Agreement, you represent and warrant that: (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services ("Restricted Countries"); (b) you are not a person or entity or under the control of or affiliated with a person or entity that (i) appears on the U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) appears on the U.S. Department of State's Terrorist Exclusion List; (iii) appears on the Bureau of Industry and Security's Denied Persons List; (iv) appears on the Consolidated List of Targets published by the U.K. HM Treasury; (v) appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade or (vi) is subject to sanctions in any other country; and (c) you are not listed in the MasterCard MATCH terminated merchant database or Visa terminated merchant file and your right to access each Card Scheme and each Alternative Form of Payment is not presently revoked or suspended. If you fall into any of the categories set forth above, as determined by The Fun Singles in its discretion, you are a "Prohibited Merchant."
33. Prohibited Events: You may not post events to the Services that: (a) violate or facilitate the violation of any applicable local, state, provincial, national or other law, rule or regulation; (b) would be prohibited under the Payment Scheme Rules; (c) take place in Restricted Countries; and (d) contain any Content (as defined in the Terms of Use) that would violate the Terms of Use. Any event that falls into any of the categories set forth above, as determined by The Fun Singles in its discretion, is a "Prohibited Event."
34. Prohibited Transactions: You may not process any of the following transactions and you represent and warrant that you will not submit for processing through the Services: (a) any transaction that would violate the Payment Scheme Rules; (b) any transaction that is fraudulent or criminal in nature; (cany portion thereof;) any transaction that would constitute a "restricted transaction" as defined in the Unlawful Gambling Enforcement Act of 2006 or Regulation GG; and (d) any transaction that would constitute sending money to another party other than for the purchase of bona fide tickets or registrations to, or solicitation of a donation for, events, or sale of items related to such events. Any transaction that falls into any of the categories set forth above, as determined by The Fun Singles in its discretion, is a "Prohibited Transaction."
35. In the event that The Fun Singles discovers that you are a Prohibited Merchant, that you have posted a Prohibited Event and/or that you have attempted to process or processed a Prohibited Transaction, then The Fun Singles may take any or all of the following actions in its discretion in addition to any and all remedies that The Fun Singles may have under the law or elsewhere in the Terms of Service: (a) suspend or terminate your The Fun Singles account; (b) alter, edit, or remove any Prohibited Event or any portion thereof; (c) block, reverse or refund any or all of your transactions; (d) hold any and all funds associated with your account to the extent required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order; and (e) refer you, your events and/or your transactions and information relating to the same to our Payment Processing Partners, the Card Schemes, the Alternative Form of Payment Frameworks and/or applicable law enforcement agencies for further action.
36. In addition to the representations and warranties contained herein, you represent and warrant to us that (a) if you represent an entity, that entity is duly organized, validly existing and in good standing under the laws of the state, province or country of its formation; (b) you, or the entity you represent (if applicable), have all requisite power and authority to enter into this Agreement and to carry out the transactions contemplated hereby; (c) the entering into and performing of this Agreement by you, or if you represent an entity by the entity you represent, will not result in any breach of, or constitute default under, any applicable local, state, provincial, national or other law, rule, regulation, judgment or order, or other agreement to which you or it is a party, including without limitation, any other agreement for the sale of tickets or registrations; and (d) if you represent an entity, you have the full right, legal power and actual authority to bind such entity to the terms and conditions hereof.
37. In addition to our right to terminate your use of the Services under the Terms of Use, and this Agreement, we may terminate this Agreement and your right to use the Services to create, promote and collect sales proceeds for a paid event (a) if you are in violation or breach of any provision of this Agreement; or (b) if our Payment Processing Partners terminate our right to provide Service or your right to accept payments in their sole discretion.

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