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Network Agreement

This StubHub International Partner Network Agreement (“Agreement”) is made by and between you (“you” or “Affiliate”) and Ticketbis, S.L., a company incorporated in Spain with registered address at calle Gran Vía Don Diego López de Haro 45, 48011, Bilbao, Vizcaya (“StubHub International” or “SHI”). This Agreement sets forth the terms and conditions applicable to your participation in SHI’s affiliate network (the “Network” or “SPN”) pursuant to which you may earn performance-based compensation through approved promotional methods that display or direct end users to participating websites and that result in Qualifying Transactions (as defined below).
By accepting the terms of this Agreement and submitting an application to participate in the Network you agree to be bound by the terms and conditions of this Agreement, the Privacy Notice, and the applicable Program Details, which are incorporated by reference into this Agreement.
Contents

Definitions

Advertiser – Ticketbis, S.L..
Affiliates – A company or individual entity that participates in the Network to earn compensation for Qualifying Transactions.
Agent – A sub-affiliate, sub-publisher, distribution partner or other similar third-party relationship through which an Affiliate participates in a Program. Agents are subject to SHI’s prior written approval in accordance with Section III.C.
Applicable Law – All national, state, and local (1) laws, ordinances, regulations, and codes and (2) orders, requirements, directives, decrees, decisions, judgments, interpretive letters, guidance and other official releases of any regulatory authority that apply to you or the performance of your obligations hereunder.
Link – A hyperlink embedded in a Promotional Method that allows an end user to click to Participating Sites and Content.
Participating Sites and Content – Any Advertiser website or content that is promoted by Affiliates, as described in the applicable Program Details.
Program – A performance-based marketing program to promote Participating Sites and Content as set forth in the applicable Program Details.
Program Details – The terms and conditions that govern an Affiliate’s participation in a particular Program (accessible from the ‘Overview’ section of the Affiliate’s SPN account).
Promotional Content – Buttons, banners, widgets, text, Software Applications and other creative content that are used by Affiliates to promote Participating Sites and Content.
Promotional Method – The methods by which Affiliates promote Participating Sites and Content, which may include Promotional Content.
Promotional Tools – Tools or API that may be provided by SHI or an SHI approved third party that Affiliates may use to create their own Promotional Content=12.0pt.
Qualifying Transactiont – A Valid Purchase by an end user that qualifies the Affiliate to receive compensation.
Software Applicationt – A software application developed by an Affiliate to be used in a Promotional Method
Tracking Code – A tracking code provided by SHI that is embedded in Promotional Methods to track the Qualifying Transactions.
Valid Purchase - A purchase is considered valid when a user freely and voluntarily purchases tickets from a Participating Site as a direct result of, and within 30 days of, a Valid Click. For the purposes of this Agreement, any purchase where a refund is made to the user, or any purchase that is cancelled by an Advertiser will not be considered a valid purchase. To qualify as a valid purchase, cookies must be enabled on the user´s browser and not have been erased and/or deleted within the thirty (30) days preceding the purchase. In accordance with this Agreement, the valid cookie will always be the last cookie registered in the systems of SHI or the relevant Advertiser. Purchases will be counted and verified by SHI. In the event of a dispute regarding the validity of a purchase, SHI’s decision shall be final.
Valid Click: A click is valid when a user, freely and voluntarily, accesses a Participating Site and Content through a Link in a Promotional Method used by the Affiliate. Valid clicks will be counted and verified by SHI.

Registration and Your Account.
1. Registration. To participate in the Network, you must agree to the terms herein and register to use the Network (registration page available at https://support.stubhub.es/es/support/solutions/articles/80001038077-programa-de-afiliaci%C3%B3n-de-stubhub-international Please forward your inquiries to affiliates@stubhubinternational.com. SHI will notify you if SHI accepts or rejects your application. SHI may in its sole discretion reject your application and terminate the Agreement for any reason without any compensation to you. You may not apply without SHI’s prior written consent if SHI has previously terminated your account or if you are a vendor or agency of SHI. You may not register more than one account without prior written approval from SHI. SHI must accept your application before you may develop any Promotional Content or any Promotional Method.
2. Accurate Information. You must provide SHI with and maintain complete and accurate information about you (including your payment and VAT information) and your Promotional Methods during your participation in the Network. SHI has the right to confirm or verify the truth and accuracy of your registration and account information at any time in its sole discretion.
3. Account Security. You are responsible for all activity on your Network account and for loss, theft or unauthorized disclosure of your password (other than as a result of SHI’s gross negligence or willful misconduct or omission). You must provide SHI with prompt written notification of any known or suspected unauthorized use of your account or breach of the security of your account.
4. Your Relationship with StubHub International and the Advertisers. Your participation in the Network and any Program do not constitute a direct contractual relationship between you and any Advertiser. However, Advertisers are explicitly designated as third-party beneficiaries to this Agreement in relation to rights they wish to rely upon or enforce against you. You may not misrepresent or embellish the relationship between StubHub, the Advertiser and you.
5. StubHub International account. Your StubHub International account must be in good standing at all times in order for you to participate in the Network.
Performance.
1. Program Details. The Program Details define the Program and specific terms of compensation that are applicable to any Program that you participate in. In the event of any conflict between the terms of this Agreement and the Program Details, the Program Details will control.
2. Promotional Guidelines. Your use of any Links, Promotional Tools, Promotional Content, or Promotional Methods are subject to the following guidelines to ensure ethical business practices:

Promotional Methods:

Utilize provided Links and pre-approved Promotional Content exclusively.
Seek approval before developing new Promotional Tools to ensure compliance.

Prohibited Methods:

Refrain from any deceptive practices or unauthorized alterations to promotional materials.
Avoid engaging in non-genuine transactions or employing cookie stuffing tactics.

Software Applications:

Prior authorization is mandatory for promoting through Software Applications.
Ensure complete transparency in the installation and operation of such applications.
1. Agents.
  1. Use of any Agents requires SHI’s prior written approval, which may be revoked at any time.
  2. You must ensure such Agent complies at all times with the terms set forth in the Agreement herein, the Privacy Notice and any applicable Program Details. You must document in writing their receipt and acceptance of such terms.
  3. You are limited to a single tier of Agent relationships.
  4. You may not work with Agents that have previously been terminated by SHI.
  5. You are responsible for your Agents’ activities in any Program. Any violation by your Agents of the Agreement shall constitute a violation by you, and SHI shall have full recourse against you with respect to such a violation, including without limitation, suspension, or termination from the Program, specific performance, injunctive relief, and attorneys’ fees.
  6. Your contract with your Agents shall expressly exempt SHI from any liability.
  7. Upon SHI’s request you must provide documentation of all Agents’:
    1. identifying information, which shall include:
      1. in the case of a natural person, the Agent’s first and last name, physical address, country, telephone number, and email address; and
      2. in the case of corporations, partnerships, proprietorships, limited liability companies, organizations, associations, cooperatives, agencies, or other legal entities, entity details and the first and last name, physical address, country, telephone number, and email address for the natural person or persons who own, manage, or control the Agent;
    2. unique tracking information; and
    3. acceptance of the Agreement, SPN Privacy Notice and applicable Program Details.
  8. You must establish and maintain a functioning e-mail address or other internet-based mechanism for consumers to report complaints regarding any Agent and make best efforts to associate each complaint with the Agent that is the subject of the complaint. You must identify by tracking information and identifying information any Agent associated with any suspected violation of this Agreement. You must promptly investigate any complaints received through this mechanism and immediately terminate any Agent that you reasonably determine has engaged, or is engaging, in violations of Applicable Law or this Agreement. You must also provide to SHI all reasonable assistance in case one of your Agents is infringing the Agreement.

Tracking and Reporting.
1. Tracking. For SHI to track Qualifying Transactions, you must include and maintain the Tracking Code provided to you by StubHub within your Promotional Methods. You may not modify the Tracking Codes in any Promotional Methods.
2. Access to Tracking and Reporting Tools. SHI may provide you with access to tracking and reporting tools and other support services. Data from such tools and services are not available on a real-time basis and may have reporting delays.
Compensation.
1. Qualifying Transactions.
  1. Subject to other provisions in this Agreement you will be compensated for each Qualifying Transaction in accordance with the applicable Program Details. There may be exceptions to the rate card shown in the applicable Program Details for certain Affiliates or certain circumstances. Compensation will be calculated based on StubHub’s tracking data at the end of each month, which is definitive and shall control in the event of any tracking dispute.
  2. If an end user has clicked on multiple Links from different Affiliates prior to a Qualifying Transaction (resulting in multiple cookies placed on the end user’s computer), SHI shall only compensate the Affiliate whose Link was the last clicked by the end user so long as the applicable Advertiser did not conduct any promotional activities (a) subsequent to such click and prior to the Qualifying Transaction and (b) that would have placed a cookie overwriting the cookie from the last Affiliate’s Link.
  3. SHI has the right to change any existing Program Details with respect to Qualifying Transactions and compensation in its sole discretion with three (3) days’ notice to you.
  4. For the avoidance of doubt, Affiliates are not entitled to receive any compensation for traffic driven to Participating Sites and Content where the Affiliate has already received compensation for the same transaction through another affiliate network that StubHub has a relationship with (e.g. AWIN)
2. Payments.
  1. Timing. Subject to Section II.B (Accurate Information), each month, SHI (or a designated third party of SHI’s choosing, on SHI’s behalf) will issue to you any positive balance in your account for transactions reported for the previous month, so long as your account balance exceeds the required minimum account balance of 50 EUR. The number or amount of transactions, credits for payments and debits for chargebacks as calculated by SHI shall be final and binding on you.
  2. Form of Payment. The currency of your account will be the one you select from the available options when you register with SPN. Payments will be made to you by SHI (or a designated third party on StubHub’s behalf) by bank transfer. If applicable, the conversion rate will be determined in accordance with SHI’s operating standards using the rates prevailing on the date the Qualifying Transaction is completed.
3. Taxes. You are responsible for any taxes that may be due in connection with your participation in the Network or otherwise on the services provided by you. SHI does not pay additional compensation to you for taxes. If the withholding of any tax is required in respect of any payment to you, SHI will (1) withhold the applicable amount from such payment and (2) pay such amount to the relevant authorities in accordance with any Applicable Law in the relevant jurisdiction(s). Upon request from you, SHI will provide a copy of the tax receipt documenting payment of the tax to the relevant authorities. You agree to complete and provide to us or to the applicable taxing authority at least 10 days prior to the payment due date, such forms, certifications or other documents as may be reasonably requested by SHI, to reduce or exempt withholding taxes with respect to payments made to you when and where required by Applicable Law. If it is later determined that SHI should have withheld and/or paid additional tax but did not withhold or pay such tax, then you shall pay the applicable tax and hold SHI harmless from any penalties or interest thereon.
4. Non-Payment, Withholding, Reversal and Chargebacks
  1. Notwithstanding anything to the contrary herein, SHI shall have no duty to pay you for Qualifying Transactions during any current or previous month when you were in breach of this Agreement or if SHI, in its sole discretion, has reason to believe that you or your Agent(s) have breached this Agreement or have engaged in potentially fraudulent activities.
  2. SHI may debit your account in an amount equal to a payment previously made to you or a compensation that has been credited to your account, but has not been paid yet, if SHI determines in its sole discretion that there has been (a) duplicate entry or other clear error; (b) non-bona fide transactions or other fraudulent activity; (c) a breach of, or other failure to complete or reversal of the Qualifying Transaction; or (d) failure to comply with any terms of this Agreement. SHI may apply a chargeback to your account at any time, including previous payment cycles.
  3. SHI will make all commercially reasonable efforts to pay any positive balance that is due to you. In certain circumstances, based on SHI’s records, it may not be possible for SHI to pay you because for a period of 24 months or more: (a) your account has been inactive, meaning that you have not logged into your account or you have not accepted funds, payments or other amounts that SHI has attempted to pay or deliver to you; (b) SHI has been unable to reach you, or has not received adequate payment instructions from you, after contacting you at the email address shown in SHI’s records; or (c) you have not generated the minimum amount of commissions to qualify for payment. In these circumstances, SHI may, without further notice to you, turn the unpaid or undelivered amounts over to the applicable regulatory authorities in accordance with Applicable Law.
5. Tracking and True-Up Payments
  1. Although SHI strives to track all Qualifying Transactions accurately, there may be instances where SHI fails to track all Qualifying Transactions.
  2. In cases where SHI discovers that SHI has failed to capture all Qualifying Transactions, SHI shall strive to determine the discrepancies between intended and actual Qualifying Transactions and conduct true-up payments. If SHI deems appropriate, SHI may design a methodology for calculating true-up payments in SHI’s sole discretion.
Privacy
1. User Information Received from SHI. In connection with your participation in the Network and the Programs, SHI may make available certain information that relates to a SHI user, browser or device (“SHI User Data”). SHI User Data is SHI’s Confidential Information. You may not use SHI User Data other than for the purpose for which it was provided to you, and under no circumstances to create or augment audience profiles, nor use it for any other marketing-related purposes, except where authorized by Applicable Laws.
2. SHI Access to Affiliate End User Data. SHI may request access to information regarding your end users when necessary to enforce SHI’s rights under this Agreement or to verify your compliance with your obligations under this Agreement. You agree to provide SHI with access to such information.
3. Affiliate’s Compliance with Relevant Privacy Regulations.
  1. =11pt=12.0ptYou must maintain and post a privacy notice in your websites or applications that complies with all Applicable Laws, including full and accurate disclosure of:
    1. your collection, use and disclosure of visitor information,
    2. your use of third-party technology, including SHI’s tracking technology,
    3. your use of cookies and options for discontinuing use of such cookies.
  2. You agree that you are responsible for all personally identifiable information that you collect from end users and that, where required by Applicable Laws, you must obtain valid consent from end users to collect, use or disclose this information as required by Applicable Law. You further agree that unless you have the valid consent of the end user, you may not enable the Tracking Code to collect any personally identifiable information from end users or otherwise profile end user activities.
Compliance, Audits and Remedies.
1. Terms and Conditions. In participating in the Network, you agree to abide by the SHI Terms and Conditions which may be updated from time to time. Nevertheless, you commit to maintaining and promoting ethical and legal business practices with the industry standards.
2. Right to Audit. SHI and its service providers have the right to audit your or your Agent’s sites or activities in relation to your and your Agent’s participation in the Network and the Programs. You shall not block or otherwise interfere with such audit, and SHI and its service providers may use technical means to overcome any methods you may use to block or interfere with such audit. To the extent not prohibited by Applicable Law, audits may include requests for documents and server logs, and visits to your facilities and those of your Agents. Your failure to reasonably comply with SHI’s efforts to audit your or your Agents’ compliance with this Agreement shall constitute a material breach of this Agreement. If Applicable Law does not allow you to share server logs with SHI, you must provide SHI with other proper proof of traffic that you sent to Participating Sites and Content.
3. Remedy for Breach. If SHI in its sole discretion believes that you or your Agents have breached this Agreement or that you or your Agents have engaged in fraudulent activity, it may take any and all steps it deems appropriate including without limitation:
  1. Issue a warning;
  2. Conduct an investigation;
  3. Suspend your account from participating in a specific Program or from the Network as a whole;
  4. Terminate your account from a specific Program or from the Network as a whole; or
  5. Withhold or recover any compensation.
    In addition to any other available remedies, SHI may seek specific performance, injunctive relief and/or attorneys’ fees in its sole discretion.
4. Suspension. – If SHI suspends your account from the Network or a Program, you will no longer get paid for any future activity. You are required to immediately remove all Promotional Methods. SHI in its sole discretion may reinstate your account in the event you have taken all necessary remedial actions to SHI’s satisfaction.

Intellectual Property.
1. Promotional Content. When your application to the Network is accepted, SHI grants you a revocable, non-exclusive, non-transferable (unless SHI approved your use of Agents), worldwide, royalty-free license to display Promotional Content for the duration of your participation in a Program.
2. Promotional Tools. When your application to the Network is accepted, SHI grants you a revocable, non-exclusive, non-transferable (unless SHI approved your use of Agents), right to use the Promotional Tools that SHI makes available to you solely to facilitate your participation in the Program. SHI reserves all rights in the Promotional Tools, including all intellectual property rights. The use of a Promotional Tool may be subject to further terms and conditions that you must accept.
3. Use of Your Marks. You authorize SHI and the Advertisers for the Programs that you are participating in to use your trademarks, service marks, tradenames, company names and copyrighted material that you provide to promote your participation in the Program.
4. Your Use of SHI Proprietary Rights. You acknowledge that you obtain no proprietary rights in SHI’s trademarks, service marks, trade names, URLs, copyrighted material, patents and patent applications or other intellectual property, and agree not to challenge SHI’s proprietary rights in any way. You must use all SHI provided content and services in a way that does not, in SHI’s sole discretion, blur or dilute, tarnish or adversely affect SHI’s proprietary rights.
  1. Your company name, keyword for paid search, paid search ad titles or ad text, trademark, trade name, brand, shop sign, domain name, or URL (specifically, any term before the third “/” of your URL) may not (a) incorporate in part or in full any of SHI’s trademarks (including without limitation SHI and Ticketbis), trade names, company names, brands, shop signs, domain names or URLs (including the translations and transliterations), or any variations or misspellings thereof; or (b) consist of a generic or descriptive term followed by “Hub” or “Stub”. You may not display your company name, branding or trademark in an uneven, staggered, multi-color format that in SHI’s sole discretion invokes the distinctive SHI logo.Use of SHI´s Names and Logos. You may use SHI’s (including Ticketbis’) name or logo in the name of a software tool or application only in accordance with the requirements below and subject to SHI’s prior written approval:
    1. You may use “Stubhub International” or “Ticketbis” only in a descriptive manner. For example, “Stubhub International Fee Calculator” is not acceptable while “Fee Calculator for Stubhub International” would be acceptable.
    2. You may not combine a generic or descriptive name with the “Stubhub International” or “Ticketbis” prefix or suffix (e.g., “Calculatorstub” or “Stubhubgle”), or with the “Hub” or “Stub” prefix or suffix.
    3. You may not use Ticketbis or SHI as a verb (e.g., “Ticketbising” or “SHIbing”).
    4. You may not modify any SHI logo provided to you by SHI.
    5. You may only use one color if you use block letters to display an SHI name; multiple colors invoking the SHI logo is prohibited.
    6. You may not use an SHI logo within a sentence.
5. Retention of Rights. Any and all proprietary rights, goodwill and other benefits and rights resulting from the use hereunder of trademarks, trade names or company name inures to the benefit of the owner.
6. Third-Party Disputes. In the event of a third-party claim against SHI’s intellectual property or right to offer any service or good or if such a claim is likely in SHI’s opinion, SHI shall have the right, in its sole discretion, to take any action to terminate the practices responsible for such third party claims and/or to secure, at its expense, the right to continue using the intellectual property or good or service, and/or to replace or modify the same to make it non-infringing or without misappropriation.
Data Protection Guarantees.

A. Instructions
a) The data exporter shall only process personal data following documented instructions from the data importer acting as its controller.
b) The data exporter shall immediately inform the data importer if it is unable to follow such instructions, especially if such instructions breach Regulation (EU) 2016/679 or another Union law or Member State law regarding data protection.
c) The data importer shall not act in a way that may prevent the data exporter from fulfilling its obligations under Regulation (EU) 2016/679, particularly in the context of sub-processing or cooperation with competent supervisory authorities.
d) Upon completion of the processing services, the data exporter shall, at the request of the data importer, delete all personal data processed on behalf of the data importer and provide evidence to the data importer that it has done so, or return to the data importer all personal data processed on its behalf and delete existing copies.
B. Treatment Security
a) The parties shall implement appropriate technical and organizational measures to ensure the security of personal data, especially during transfer; in particular, protection against security breaches resulting in the accidental or unlawful destruction, loss, or alteration of personal data, or unauthorized access or disclosure of such data (hereinafter "personal data breach"). When determining an adequate level of security, they shall duly consider the state of the art, the costs of implementation, the nature of the personal data, the nature, scope, context, and purposes of processing, and the risks posed by the processing to data subjects, and shall consider, in particular, encryption or pseudonymization, especially during transmission, if thereby the purpose of processing can be achieved.
b) The data exporter shall assist the data importer in ensuring adequate security of the data in accordance with point a). In the event of a personal data breach involving personal data processed by the data exporter under these clauses, the data exporter shall notify the data importer promptly upon becoming aware of it and shall assist the data importer in remedying the security breach.
c) The data exporter shall ensure that persons authorized to process personal data have committed themselves to confidentiality or are under a statutory obligation of confidentiality.

Confidentiality In connection with your participation in the Network and the Programs you may be provided with data and information that is confidential and proprietary to SHI or the Advertiser(s), as is designated by the disclosing party or that is reasonably understood to be proprietary or confidential (“Confidential Information”). Confidential Information does not include information: (a) that is or becomes publicly available through no act or omission of the receiving party; (b) disclosed to the receiving party by a third party not bound by any confidentiality obligation with respect to such information; (c) developed by the receiving party independent of the disclosing party’s Confidential Information; or (d) that is in the possession of the receiving party and not subject to any duty of confidentiality as of the date you accept the terms of this Agreement. You agree to use the same degree of care, but no less than a reasonable degree of care, to maintain the confidentiality of and to protect any proprietary interests of SHI or the Advertiser. You may deliver a copy of such Confidential Information (i) pursuant to a subpoena issued by any court or administrative agency, (ii) to your accountants, attorneys or other agents (“Representatives”) solely on a need-to-know basis in connection with the performance of your obligations or rights under this Agreement and the applicable Program Details; provided that (x) you are responsible for the compliance of your Representatives hereunder and (y) such Representatives shall be subject to a written confidentiality agreement or otherwise subject to fiduciary obligations of confidentiality covering the confidential treatment of Confidential Information, with confidentiality restrictions no less protective than those provided in this Agreement and (iii) otherwise as required by Applicable Law, upon written notification to SHI. Upon termination of this Agreement or your participation in a Program, you must destroy or return any Confidential Information provided to you under this Agreement and, if requested by SHI, provide a certification of destruction.
Term and Termination.
1. Term The term of this Agreement begins when you accept the terms of this Agreement at registration and shall continue until terminated in accordance with the terms of this Agreement. SHI’s rejection of your application automatically terminates the Agreement.
2. Termination by Affiliate You may terminate this Agreement upon three (3) days’ written notice.
3. Termination by SHI or an Advertiser
  1. Without Cause.SHI may terminate (i) this Agreement, (ii) your account, (iii) any of your Agents, (iv) your use of a Promotional Method, or (v) your participation in a certain Program, at any time for convenience in its sole discretion upon three (3) days’ notice.
  2. With Cause. SHI may terminate (i) this Agreement, (ii) your account, (iii) any of your Agents, (iv) your use of a Promotional Method, or (v) your participation in a certain Program, for cause with immediate effect. Incidents that may cause SHI to terminate this Agreement for cause include, but are not limited to:
    1. If SHI suspects that you or your Agent are responsible for the improper functioning of Links, Promotional Content or Promotional Tools or if you otherwise interfere with or fail to maintain the Tracking Code.
    2. If a third party disputes your right to use any link, domain name, trademark, service mark, trade dress, or right to offer any service or good offered through any of your Promotional Methods.
    3. If SHI determines you are diluting, tarnishing, blurring or adversely affecting SHI’s or an Advertiser’s proprietary rights.
    4. If SHI suspects that you or your Agent are engaging in deceptive practices or false advertising.
    5. If you engage an Agent who SHI has previously prohibited from participating in the Network.
    6. If SHI determines that you are misusing SHI’s name or brand, including but not limited to in the context of search engine marketing.
4. Termination of Programs. Programs and Program Details may be discontinued at any time.
5. Post-Termination.
  1. Upon termination SHI will deactivate all accounts that are linked to you as a participant in the Network. You shall no longer accrue payments in your account, including but not limited to subsequent Qualifying Transactions where the clicks on the Links occurred prior to termination. If SHI terminates this Agreement for cause, you may not register for the Network again or participate in the Network as an Agent for another Affiliate.
  2. Subject to the payment terms in Section V(D), upon termination of this Agreement, SHI will pay any outstanding payments to you within ninety (90) days of the termination date, and you must pay us any outstanding debit balance within thirty (30) days of the termination date. Upon termination of this Agreement, you must immediately remove all Promotional Methods. Provisions of this Agreement that by their nature and context are intended to survive the termination of this Agreement (e.g. audit, confidentiality, indemnification, limitation of liability, misc., etc.), shall survive the termination of this Agreement to the extent that and as long as is necessary to preserve a party’s rights under this Agreement that accrued prior to termination.
Representations, Warranties, and Disclaimer of Warranties.
1. Authority. You represent and warrant that you are over 18 years of age and authorized to consent to this Agreement, the Privacy Notice and applicable Program Details on behalf of your company, if applicable.
2. Compliance with Law. You represent and warrant that your participation in the Network and the Programs is and shall be in compliance at all times with (1) Applicable Law and (2) the best practices in any jurisdiction in which you target your Promotional Methods.
3. Non-Infringement Warranties. You represent and warrant that (1) you have all appropriate authority to operate and to provide content on your website(s); (2) you have all appropriate authority to use any Promotional Method you may choose to use; and (3) any Promotional Content you create, your website(s), any trade names or trademarks used in connection with the Network, and your Promotional Methods do not and shall not infringe any third party’s or SHI’s intellectual property or proprietary rights.
4. Not Currently Under Investigation. You warrant that you are not currently under order or investigation by any federal, state, local or international regulatory or law enforcement organization. You must inform SHI if you become under such order or investigation at any point during your participation in the Network.
5. Disclaimer of Warranties. EXCEPT AS SET FORTH IN THIS AGREEMENT, SHI MAKES NO OTHER REPRESENTATION OR WARRANTY, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
Indemnification Obligations; Limitation of Liability.
1. Indemnification Obligations. You shall defend, indemnify and hold harmless SHI and the Advertisers and their respective officers, directors, employees, corporate affiliates, subsidiaries, agents, and subcontractors (collectively, the “Indemnified Party”) against all claims, liabilities and expenses claimed or incurred by an Indemnified Party as a result of any third party claim (collectively, “Claims”) directly or indirectly arising from or related to (1) any breach by you or your Agents of this Agreement or the Program Details, (2) violation by you or your Agents of Applicable Law, (3) distribution or use of Promotional Methods or Promotional Tools by you, your Agents, or anyone else that you are affiliated with, including, without limitation, any claims relating to advertisements or content; (4) acts or omissions by you or your Agents in using, displaying or distributing any Links, including but not limited to your use of Links in Promotional Methods; (5) any claim that the Indemnified Party is obligated to pay tax obligations in connection with payment made to you pursuant to this Agreement or any Program Details, (6) any violation or alleged violation of any rights of another, including breach of a person’s or entity’s intellectual property rights, (7) your and your Agents participation in the Network or Program(s), and (8) claims arising in connection with any goods or services you or your Agents make available to any person. Should any Claim give rise to a duty of indemnification under this Section, the Indemnified Party shall promptly notify you and will cooperate with you at your expense in the defense of such Claim. The Indemnified Party will be entitled, at its own expense, to participate in the defense of such Claim. Should any Claim give rise to a duty of indemnification, you are obligated to participate in the defense of such claim if requested to do so by the Indemnified Party. Participation in the defense shall not waive or reduce any of your obligations to indemnify or hold the Indemnified Party harmless. You shall not settle any Claim without the Indemnified Party’s prior written consent, and you shall indemnify for any reasonable attorneys’ fees or other costs incurred by an Indemnified Party in investigating or enforcing this Section.
2. Limitation of Liabilities.=12.0pt ANY OBLIGATION OR LIABILITY OF SHI UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF THE PAYMENTS SHI PAID TO YOU UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST SHI PURSUANT, OR IN ANY WAY RELATED, TO THIS AGREEMENT MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT. YOU AGREE THAT NEITHER SHI SHALL BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
3. Remedies. No remedy or election shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
4. Benefit of the Bargain. The provisions of this Section are an essential element of the benefit of the bargain reflected in this Agreement.
Miscellaneous.
1. Choice of Law/Attorneys’ Fees. This Agreement and the Program Details are governed by the laws of Spain. The exclusive forum for any actions related to this Agreement and the Program Details shall be in the in the Courts of Bilbao, Spain. The parties consent to such venue and jurisdiction and waive any right to a trial by jury. Your access or use of the Network where illegal is prohibited. You expressly waive and withdraw your rights under any law or statute conferring jurisdiction on the basis of nationality to courts other than the ones expressly designated above.
2. English You accept that the English versions of this Agreement, the Privacy Notice, and the applicable Program Details shall be controlling in all respects. Translations of these documents that may be provided are for your convenience only.
3. Amendment. SHI may amend this Agreement by posting the amended terms on the Network website. SHI shall notify you of material changes to this Agreement by emailing you at your registered email address or otherwise notifying you via the Network website. Except as stated otherwise in this Agreement or elsewhere, all amended terms shall become effective three (3) days after they are initially published on the Network website and your continued participation in the Network and/or use of the Network website constitutes your acceptance of the amended terms of this Agreement. SHI may establish from time to time rules and regulations for the Network as published on the Network website or in the Network and incorporated herein.
4. Assignment. You may not assign this Agreement without SHI’s prior written approval. SHI may assign, sub-contract or otherwise transfer any of its rights or obligations under this Agreement at any time provided that we do so on the same terms or on terms that are no less advantageous to you.
5. Intended beneficiaries. Although Advertisers are explicitly designated as third-party beneficiaries to this Agreement in relation to rights they wish to rely upon or enforce against the Affiliates, in no circumstance may Affiliates or their Agents rely upon or enforce any terms of this Agreement against Advertisers. Agents shall not be deemed third-party beneficiaries pursuant to this agreement and may not rely upon or enforce any terms of this Agreement against SHI.
6. No Partnership or Joint Venture. Nothing in this Agreement shall be construed as creating a partnership, joint venture or agency relationship of any kind between the parties. Neither party shall have the authority or power to bind the other or to contract in the name of or create a liability against the other in any way or for any purpose.
7. Notices. All notices must be in writing. Notices will be deemed given: (1) if delivered in person, upon receipt; (2) if delivered by registered mail, return receipt requested, or by an internationally recognized express mail carrier, upon delivery; or (3) if delivered by email, upon delivery. Notice may only be sent to SHI in person or by registered mail to Ticketbis, S.L. Attn: SHI Legal Dept, calle Gran Vía Don Diego López de Haro 45, 48011, Bilbao, Spain. Notices may be sent to you via any of the methods described above according to the information provided by you in your account.
8. Severability/No Waiver. If any provision of this Agreement is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect. The Parties shall in good faith attempt to modify any invalidated provision to carry out the stated intentions in this Agreement. The waiver of any breach of any provision under this Agreement by any Party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.
9. Entire Agreement. This Agreement, including the Privacy Notice (available athttps://www.stubhub.co.uk/legal/?sectiont ) and applicable Program Details, in each case incorporated herein by reference, is the entire agreement between the parties pertaining to its subject matter and supersedes all prior written or oral agreements (including prior versions of this Agreement and any conflicting confidentiality agreements), representations, warranties or covenants between the parties with respect to such subject matter.

EXHIBIT A
Privacy Notice

StubHub International is committed to your privacy. This Privacy Notice explains our collection, use, disclosure, retention and protection of your personal information and data.

Outline
This Privacy Notice applies to any StubHub International website, StubHub International Mobile Application Service (App), service, or tool (collectively, "Services") where this Privacy Notice is referenced, regardless of how you access or use them, for example, through mobile devices.

=11pt=10.5ptThis Privacy Notice also applies to the provision of StubHub International services through any StubHub International partner website, application, service or tool where it is referenced or where your ads may be posted or advertised in accordance with the terms of this Privacy Notice.

StubHub International may modify this Privacy Notice at any time by posting the modified version on this site, including the effective date of the new version. We will post any significant changes to this Privacy Notice through the Service or by email.
Who processes your personal data?
StubHub International – by its corporate name, Ticketbis, S.L.- with company number B95630034 and registered office at Calle Gran Vía Diego López de Haro 7º, 45, Bilbao, 48011, Bizkaia – Spain, is the entity responsible for collecting, using, and/or processing data through this platform.
In addition, our specialized Data Protection team is here to assist you. Don't hesitate to contact them via email at privacystubhub@stubhubinternational.com.

What is personal data?

Personal data refers to any information about a person who can be directly or indirectly identified. This identification can be done using details like a name, identification number, location data, or online identifier, as well as factors related to the person's physical, physiological, genetic, mental, economic, cultural, or social identity.
It's important to note that we don't consider personal data to include anonymous or aggregated information that cannot be used to identify an individual, either on its own or when combined with other information.

Certain personal data, such as the information needed for identification or to facilitate your use of our services, is necessary for entering into our "Terms of Use." The disclosure of other personal data is voluntary.

For what purpose do we process your personal data?
Depending on the relationship we have with the user, the personal data collected, used and/or processed through our platform will be used for the following purposes:

Create user account and provide access credentials.
Send information about events and/or special offers.
Manage the purchase, sale, delivery and, where applicable, return of tickets.
Detect potentially fraudulent transactions.
To process claims, complaints, or incidents that you communicate to us.
To know your level satisfaction with the services we provide.
Adopt business decisions to optimize and guarantee the security of our services.
Manage requests for the exercise of rights over your personal data that you transfer to us.
With your consent, to transfer some of your personal data to third parties to allow these third parties to perform ad measurement services.

When you use the StubHub International Mobile Application Service (App), we will ask for permissions to access particular functions of your mobile device. The collected information serves various purposes based on the user relationship, and the data collected, used, and/or processed through our platform is employed for the following objectives:

To access precise location information, enhancing personalized experiences within the application, with authorization.
To access mobile device contact information with prior authorization.
To access calendar information, potentially aiding in event scheduling or reminders.
To access the camera or photo library with your consent.
To connect with third-party social networking services, with your approval.

What personal data do we collect?
In accordance with the abovementioned purposes, the categories of personal data we process are the following:

Identifying information such as, for example, your first and last name or your identity card number.
Contact information such as postal address, telephone number or your email address.
Means of paymen such as your credit card number.
Location data such as your time zone or the country from which you connect to our platform.
Data on the purchase and/or sale of tickets such as the type of event or the cost of the ticket.
Data from your devices, such as your browser type or IP address.

Why we use your personal data?
In case you wish to create a user account on our platform or join our list to be informed of events or offers we have, we will process your personal data with your consent, which you can modify at any time by requesting the cancellation of the account.
In the event that you buy or sell tickets, it will be the contractual relationship you have with us that justifies the processing of data derived from it (claims, incidents, delivery, return, etc.).
Moreover, we will also need them to meet legal obligations, for example, if you exercise any of your rights over your data or we receive a request from a competent authority or body, and to satisfy our legitimate interests in order to prevent fraudulent purchase or sale transactions, make business decisions, and promote and improve the services we offer you thanks to your opinions.
You have the right to withdraw your consent at any time. Such withdrawal will not affect the lawfulness of the processing prior to the withdrawal. To withdraw your consent or exercise your rights under the GDPR you can contact us at the following email privacystubhub@stubhubinternational.com

How do we obtain your personal data?
We may collect your personal data in any of the following ways:

Directly from you from the information you provide to us through our forms.
From Facebook, Google or Apple, if you wish to link your profile when you create your account on our platform.
From the cookies you enable on your device. Detailed information is available in our Cookie Notice.

What are your rights regarding your personal information?
Regarding the personal data we hold about you, you may exercise the following rights:

Accesst: You may request confirmation as to whether we process your data, including, if you wish, a copy of your personal data.
Rectification: If you detect any errors or if your information has changed - such as, for example, your telephone number - you can ask us to correct or update this information.
Restriction Processing: You can request that we restrict the processing of your data in certain cases - such as when you change your address -.
Portability: This is the right to receive and transmit your personal data.
Object: This is the right you have to prevent us from continuing to process your personal data on the basis of a particular or personal situation.
Deletion: This is the possibility to request that your data disappear or be deleted from our databases. Also known as the "right to be forgotten".
Complaint: This is the right to address our Data Protection Officer or the competent supervisory authority when you are dissatisfied with our actions - such as, for example, in the response we give you when you exercise any of the above rights -.

To exercise your rights under the General Data Protection Regulation (GDPR), you can either access the Privacy settings within your StubHub International account or submit your request via email to privacystubhub@stubhubinternational.com. You can view, review and change most of your personal information by logging in to your account. Please update your Personal Information immediately if it changes or is inaccurate.

With whom we share your personal information?
Where necessary, we will provide access to information to our service providers, such as customer service. Access to information is granted after these providers have been approved to ensure that they have sufficient security measures in place to protect your personal information and have signed an appropriate data processing agreement.
Additionally, we may share it with relevant authorities and competent organizations to fulfill our legal obligations and to investigate illegal activity or violations of our User Agreement.

How long we keep your personal information?
We will keep your personal data as long as they are necessary to achieve the purpose/s that justified their collection.
Once this purpose is fulfilled, we will keep them blocked during the period of limitation of civil, administrative, or criminal liabilities that may arise. Once this period has elapsed, they will be definitively destroyed.

How do we protect your personal data?
We have robust and solid security measures in place to ensure that when you interact with our platform, you do so in a totally secure environment.

Other important privacy information
This section describes additional privacy information related to your use of our Services that you may consider important:

Your responsibility for the transactional information you receive via StubHub International
For certain transactions, we may provide you with Personal Information about another user (for example, their name, email address, contact details and transaction data) to complete the transaction or allow entry into the venue. Independently of us, you are responsible for this data, and it is recommended that you inform the other user about your security and privacy practices. In any event, you must comply with applicable privacy laws and give the other user the opportunity to request removal of their data from your database and to review the information that has been collected about them.
You may only use Personal Information to which you have access for purposes related to the StubHub International transaction or for other services offered through StubHub International, as well as for other purposes expressly consented to by the user to whom the information relates. The use of Personal Information of other users to which you have access for any other purpose constitutes a breach of our User Agreement.

Unsolicited or threatening e-mail
We do not tolerate any abuse of our Services. You are not allowed to add other users to your distribution list (email or postal mailing list), call them or send them text messages for commercial purposes, even if the user bought something, unless the user has given their express consent. Sending unsolicited or threatening email and text messages is against our User Agreement. To report spam or phishing related to StubHub International, please forward the email to privacystubhub@stubhubinternational.com

Communication tools
We may automatically scan messages for spam, viruses, phishing, malicious activity, illegal or prohibited content, or violations of StubHub International Marketplace Global User Agreement, this User Privacy Notice, Mobile Privacy Notice, Seller Policies, Cookie Notice or FanProtect Guarantee.

How We Collect Your Location Information
To achieve our stated goals, we process certain types of personal data. This includes location data, such as your time zone or the country from which you access our platform and your browser type or IP address. This data is collected through Braze, which identifies user IPs, and on-site collection is additionally managed by Google Tag Manager.

Children's privacy
Our websites are general audience websites and are not intended for children under the age of sixteen (16) and we do not knowingly collect personal information from users who are considered children under their respective national laws.

Cookies and similar technologies
When you visit our websites or use our services, applications, tools or messaging, we or our authorised service providers may use cookies, web beacons and other similar technologies to store information to provide you with a better, faster and safer experience and for advertising purposes. For more information, please read our Cookie Notice.

Third-party privacy practices
This Privacy Notice addresses only our use and control of the Personal Information we collect about you for the purpose of providing our Services to you. If you disclose your information to a third party or visit a third-party website through a link from our Services, their privacy notices and practices will apply to the Personal Information you provide to them or that they collect about you.
We cannot guarantee the privacy or security of your Personal Information once you provide it to a third party, and you should evaluate the business partner's privacy and security policies before entering into a transaction and sharing your Personal Information. This applies even if the third parties to whom you disclose your Personal Information are bidders, buyers or sellers on our site.=10.5ptPrincipio del formulario

Change of ownership
If we are the subject of a merger or acquisition with/by another company, we may share information with them. If this situation arises, we would require the new combined entity to follow this Privacy Policy with respect to the processing of your personal data.

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