Policies

This Consumer Exchange Seller Agreement (“Agreement”) is a contract between you (“Seller”) and Site which governs the Seller’s access to the Consumer Exchange. By creating a Seller’s Account you acknowledge that you have read this Agreement and agree to be bound by its terms.

  1. Definitions

    1. Consumer Exchange. An online marketplace for individuals to offer their tickets for sale to ticket buyers.
    2. Site. The website where the Seller creates their account to list tickets on the Consumer Exchange and where the Exchange Services are utilized, specifically www.TicketSalesSupport.com.
    3. Seller. User who lists tickets on the Consumer Exchange.
    4. Buyer. User who purchases tickets on the Consumer Exchange or through the Site.
    5. Exchange Services. Set of tools and data services provided by Site to allow Sellers to post inventory and monitor activity related to that inventory on the Consumer Exchange.
    6. Seller’s Account. Account created by you through the Site to allow Seller access to the Exchange Services.
    7. Account Creation Process. Series of steps a user undergoes to submit a request for a Seller’s Account.
    8. Seller Fee. The Seller Fee is the amount deducted from the total ticket price charged to a Buyer. The Seller Fee is based on a percentage of the total value of the tickets sold.
    9. Seller Commission. The Seller Commission is the amount paid to the Seller for their tickets upon a Successful Sale of those tickets as defined in Section VI.c. The Seller Commission is calculated by multiplying the number of tickets sold by the price per ticket set by the Seller and then subtracting the Seller Fee from this total.
    10. Ticket Group. A Ticket Group is a group of tickets for seats that are next to one another and are sold on the Consumer Exchange. Also called a Ticket Listing.
    11. Ticket Offer. (“Offer”) The result of a Buyer placing a request for tickets on the Consumer Exchange or through the Site. All Offers are subject to verification by Site to ensure Buyer’s billing information is accurate before being sent to a Seller.
    12. Order. A Ticket Offer which has been verified by the Site and accepted by the Seller.
  2. Initial Requirements

    1. To use the Exchange Services, Seller must have a Seller’s Account. As part of the Account Creation Process, Seller must agree to the terms of this Agreement.
    2. Modifying the Seller Agreement. Site may make revisions to the Seller Agreement at any time. The revised version of the Seller Agreement shall be effective immediately upon posting the revised terms to the Site. Seller’s continued use of the Exchange Services after the revised Seller Agreement is effective will constitute Seller’s acceptance of the revised Seller Agreement.
    3. Account creation process. Seller must complete the web-based account creation process fully and truthfully. Seller agrees not to register under a false name. Once the Seller’s request for an Account is approved and activated, Seller can begin using the Exchange Services. Phone and Email information may be verified by Site before Seller is able to list tickets for sale on the Consumer Exchange.
    4. Confidentiality of user name and password. Seller will choose a user name and password as part of the account creation process. Seller is solely responsible for maintaining the security of Seller’s user name and password and for all activity that occurs under Seller’s Account. Seller shall not disclose Seller’s user name or password to any other person.
    5. Single account per person. An individual is only allowed to have one Seller’s Account. Any individual Seller found to have more than one account may have all accounts suspended and or terminated at Site’s sole discretion.
    6. Valid contact information. Seller must provide current and valid contact information to Site. In the event that Site cannot contact Seller by either: electronic mail (Email), telephone, or USPS, Site reserves the right to suspend or terminate the Seller’s Account.
    7. Valid payment information. To be allowed access to the Consumer Exchange, Seller must provide valid credit card information for Seller's Account. If the Seller chooses, Seller may also provide Site with Seller's Paypal account information for the purpose of receiving payment(s) from Site.
  3. Account Status

    1. Seller’s Accounts shall be designated as either Untrusted or Trusted.
      1. Untrusted Status. Untrusted Sellers are those Sellers who have not yet successfully completed three (3) orders through the Site. Untrusted Sellers are required to ship tickets to Site first using a shipping label provided to them by Site.
      2. Trusted Sellers. Trusted Sellers are those Sellers who have successfully completed at least three (3) orders through the Site. Trusted Sellers are allowed to send tickets directly to end customers using a shipping label provided to them by Site.
  4. Account Standing

    1. Seller’s Account shall be classified into one of the following categories:
      1. Good Standing. A Seller with an Account in Good Standing is entitled to use the Exchange Services. The following are prerequisites to remain in Good Standing:
        1. Valid Profile Information. Seller shall keep their Profile Information current so Site can reach Seller about Seller’s activity on the Consumer Exchange. If Site finds Seller's Profile Information to be inaccurate, Site reserves the right to suspend Seller’s Account until this information is corrected.
        2. Seller must fulfill all accepted Orders. If a Buyer’s Offer is accepted by Seller as specified in Section VI.b. and payment is provided to Seller by Buyer as specified in the Offer, Seller must complete the transaction and provide the Buyer with the tickets sold. These tickets must exactly match the information in the Ticket Listing. Any failure to fulfill accepted Orders may, in Site’s sole discretion,
        3. Seller must not have any unpaid or outstanding invoices payable to Site.
      2. Suspended. A Seller’s Account may be suspended when Site cannot contact the Seller, when a Seller fails to process an order as outlined in Section VI, when a Seller’s Account has any unpaid balances owed to Site, or for any other reason that Site deems necessary to restrict Seller’s access to the Consumer Exchange. Once a Seller's Account has been suspended, Seller is barred from using some or all of the Exchange Services until Seller corrects any issues and Seller's Account has been brought into Good Standing.
      3. Terminated. A Seller’s Account may be terminated when, in Site’s sole discretion, the Seller breaches any term of this Agreement. Reasons for termination may include, but are not limited to, failure to complete Orders as outlined in Section VI, failure to respond to Site’s requests for information, failing to communicate for a continuous period of time, or failure to pay Site within five (5) days for any penalties or fees that may be incurred. Site reserves the right to immediately terminate a Seller’s Account for these reasons and any other reasons that are deemed by the Site to be severe enough to warrant termination.
    2. Miscellaneous Violations. Site may suspend or terminate Seller’s Account for any other reason as Site deems necessary in its sole discretion. Site also reserves the right to adjust Seller Commissions, in Site’s sole discretion, based on negative Seller behavior.
    3. Site shall not be held liable for any lost profits or other damages as a result of a suspended or terminated Seller’s Account.
    4. Notice of standing. Site is not required to actively notify Seller of the status of their Seller’s Account. Seller may inquire as to the status of their account by emailing Site at TicketSupport@TicketSalesSupport.com.
  5. Listing Tickets

    1. Ticket Group requirements. Sellers enter their ticket inventory on the Consumer Exchange as one or more Ticket Groups. All Ticket Groups must follow Site requirements to be valid.
      1. Seller must possess all rights to the tickets in the Ticket Group. If Site suspects that Seller is listing ticket inventory that the Seller does not currently own, the Ticket Group will be removed immediately and Seller may be suspended or terminated. If the tickets are not currently in-hand by the Seller, Seller shall be required to inform Site of the expected delivery date that the tickets will ship to the consumer.
      2. All seats in the Ticket Group must be contiguous. If Seller wishes to sell tickets for non-adjoining seats, Seller shall create more than one Ticket Group to do so.
      3. All Information on the Ticket Listing must match what is on the tickets. The date, time, row, section, and seat numbers listed for the Ticket Group shall match what is printed on the physical tickets in the Seller’s possession.
      4. Obstructions and other special circumstances must be noted. When creating a Ticket Group on the Site, Seller shall indicate if the tickets have an obstructed view, and shall put any similar information that is printed on the ticket in the Notes area during Ticket Group Creation.
      5. Seller must keep Ticket Listings current. All Ticket Groups posted by Seller shall be kept up to date. If Seller sells, gives away, or otherwise disposes of the tickets outside the Consumer Exchange, Seller shall remove the Ticket Group from the Consumer Exchange immediately. Event dates, times, venues, and subject matter may change. If these changes occur, Seller shall update the Ticket Group with the latest valid information.
      6. Any violations of these provisions may result in the suspension or termination of a Seller’s Account.
    2. Seller warrants that Ticket Group information is valid. For all Ticket Groups listed by Seller, Seller warrants that Seller’s descriptions of the tickets accurately detail and describe the tickets offered for sale. Further, Seller warrants that any information provided to Site through the Consumer Exchange is not false, misleading, inaccurate, obscene, or defamatory. Providing false, misleading, inaccurate, obscene or defamatory information to the Site is grounds for termination of the Seller’s Account.
    3. Seller shall not alter tickets in any way. Altering a ticket includes, but is not limited to, editing event information, editing seating location, removing notes regarding an obstructed or partial view, or cutting out coupons or other promotional material from the tickets. A Seller who has altered tickets shall, in Site’s sole discretion, have their account suspended or terminated.
    4. Last Minute Listings. In general, Site will not show tickets within seven (7) business days of an event, though Site may change this window of time at its sole discretion at any time. In general, Site will remove tickets within seven (7) business days of an event.
    5. Grant of license. For the purpose of promoting and facilitating the sale of tickets, Seller grants to Site a non-exclusive, transferable, worldwide, paid-up, royalty-free right and license to reproduce, modify, adapt, publish, and display on the Site and all other sites and services in Site’s Network, Seller’s Ticket Group information, including any descriptions of the tickets listed for sale.
    6. Seller Sets Price of Tickets. The Seller is able to set the price per ticket when creating a ticket group. This amount will determine the Seller Commission on an order.
    7. Seller shall comply with all laws and regulations concerning the resale of tickets. Seller shall not use the Exchange Services for any unlawful purpose or in an unlawful manner. Seller agrees to comply with all applicable local, state, federal, and international laws, statutes, and regulations governing the sales and valuation of tickets.
      1. Removal of Ticket Listings. Site reserves the right to not display Seller’s Ticket Groups on any or all of its affiliated websites for any reason. If your Ticket Groups are not displayed on Site, please contact TicketSupport@TicketSalesSupport.com.
  6. Receiving and Completing Orders

    1. Order management. When a Buyer makes an Offer for Seller’s tickets on Site, Site will then attempt to verify the Buyer’s billing information. If Site is able to verify the Buyer information, the Offer will be moved to a status of Verified. At this point the Seller will be alerted of the Order. The seller must either accept or reject the Order at this point. Failure to respond with acceptance or rejection of the Order within forty-eight (48) hours will move the Order to a status of expired. When an Order expires, Seller is no longer able to accept the Order, and the Seller will not be paid a commission. Sellers who amass too many expired Orders shall be subject to suspension or termination of the Seller’s Account.
    2. Accepting an Offer. If Seller marks an Offer as accepted, the Seller agrees to provide the tickets to the Buyer within seven (7) days of accepting the Offer according to the terms and conditions of this Agreement. If the tickets are not in-hand, then Seller has seven (7) days from the indicated expected delivery date to deliver the tickets, provided that seven (7) days from the expected delivery date does not fall after the date of the ticketed event. In that case, Seller must deliver the tickets as soon as possible, and in no event after the ticketed event has started. If Seller fails to initiate shipment in the required amount of time, provides tickets which are invalid, does not comply with the ticket listing policies in this Agreement, provides the tickets too late to be of use by the Buyer, or otherwise breaches this Agreement by failing to perform as required, the order is deemed “Invalid” and the penalties outlined in Section VI. d. apply.
    3. Successful Sale. A sale is deemed successful when a ticket Buyer places an Offer for tickets, their billing information is verified by Site, Seller accepts the Offer, Seller delivers the tickets in time for the event, and the Buyer is able to enter the ticketed event. Seller shall receive the applicable Seller Commission for a Successful Sale.
    4. Invalid Order(s). If a Seller accepts an Offer and fails to provide the correct tickets, fails to provide the tickets in time of the event, or provides tickets that do not grant entry to the event, Seller shall be responsible for all fees associated with refunding the Buyer or for providing the correct tickets to the customer. In the event the Seller sends the incorrect tickets and there is time to correct the problem, the Seller shall immediately contact Site and coordinate the exchange. In the event that the tickets the Seller provides to the buyer fail to arrive in time for the event due to the Seller’s inability to send the tickets in time, or the tickets do not grant entry into the event, Seller shall NOT receive their Commission on the Order, shall incur at penalty equal to 25% of the Buyer’s purchase price to be returned to the Buyer, and an additional 10% of the Seller’s listed price to the Site for administrative costs associated with the Seller’s inability to provide valid tickets. Site will notify Seller of an Invalid Order and will immediately charge the credit card on file for this penalty. If Site is unable to collect the necessary funds from the Seller’s credit card, Seller’s Account shall be suspended until payment is secured. Site reserves the right to pursue collection of unpaid penalties via any legally enforceable process.
    5. Rejecting an Offer. If Seller marks an Offer as rejected, the Ticket Group that was ordered may be deleted from the Consumer Exchange. If a Seller rejects Offers too often, as determined by Site in its sole discretion, the Seller’s Account may be suspended or additional monetary penalties may be applied to future Seller Commissions.
    6. Shipping. If an order is marked Accepted by Seller, Seller must print the Shipping Label provided by the Site and deliver the tickets to a local FedEx facility within forty-eight (48) hours. If Seller fails to deliver the tickets to the Buyer within seven (7) days, the order becomes Invalid, unless other arrangements have already been made by Seller and Site has been made aware of, and has agreed to these arrangements. If the order is deemed to be Invalid the penalties in Section VI.d. shall apply.
    7. Payment. Site will make payment to Seller via check to the contact address on the Seller's Account or via Paypal to the Paypal account on record in Seller’s Account within one week after the event to which the Seller sold tickets takes place, provided that the order was completed successfully and was not deemed Invalid or expired. It is Seller’s responsibility to ensure Seller's Paypal and billing information is correct and up to date. If payment is made to an outdated or invalid Paypal account Site will wait until payment is returned by Paypal before submitting any new payments to the corrected address. If payment is collected on an order paid to the wrong address due to Seller error, and the funds are not returned, Site will not make payment to the corrected address. If an issue with an order is brought to Site’s attention after Seller has been paid for the order, Site reserves the right to bill Seller for any refund amount paid to the ticket Buyer plus additional penalties, if applicable.
    8. Taxes. Site does not collect taxes on any transactions. Sellers are responsible for collecting and remitting all applicable taxes in connection with ticket sales.
    9. Cancelled Events. If an event is cancelled, Site will not provide payment to the Seller. If the Seller has received payment for a cancelled event, Site shall deduct the Seller Commission from the Seller’s Account. The next Seller Commission that is payable to Seller shall include the deduction of the Seller Commission for the cancelled event. . The definition of a cancelled event includes but is not limited to situations where the event is cancelled by the event promoter, venue, or performer, and also any situation where an event never occurs due to becoming unnecessary, for example a game 5 in a best of 7 series.
    10. Postponed Events. If an event is postponed, Site may contact Seller to provide assistance in acquiring tickets to the postponed event. Seller must provide the requested assistance or Site will not provide payment for the order.
  7. Intellectual Property

    1. Ownership of Intellectual Property. Patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, “Intellectual Property”)are and shall remain the property of their respective owners. Nothing in this agreement shall confer to Seller any right of ownership or license rights in the Intellectual Property. Seller shall not now or in the future contest the validity of the Intellectual Property.
    2. Copyright. The Exchange Services and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of their respective owners or their suppliers, and are protected by U.S. and international copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content though the Exchange Services or the Site is the exclusive property of Site and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Exchange Services, the Consumer Exchange, or the Site is strictly prohibited.
  8. Limitations of Liability

    1. Indemnity. Seller agrees to indemnify and hold Site and any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorney’s fees) incurred by Site and any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees that arise out of any claim asserted by a third party that involves, relates to, or concerns any of Seller’s actions or omissions in relation to this Agreement the Consumer Exchange, the Exchange Services, or the Site.
    2. Tax Indemnity. Seller agrees that Site is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on Seller’s behalf. Seller shall indemnify and hold Site and any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all tax liabilities, costs, interest and expenses (including reasonable attorney’s fees) incurred by Site that arise out of Seller’s use of the Exchange Services or the Site.
    3. NO WARRANTY. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, SITEPROVIDES THE SOFTWARE, WEBSITE, AND SERVICES ON AN ‘AS IS’ BASIS AND ‘AS AVAILABLE’ WITHOUT ANY WARRANTIES OF ANY KIND.SITE MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, DATA, ANY TICKETS OR EVENTS, EXCHANGE OR OTHER SERVICES, OR THE WEBSITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED, AND SITE EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FITNESS FOR A PARTICULAR PERSON OR PURPOSE.THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
    4. WAIVER OF DAMAGES. SITE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY LOST PROFITS OR SPECIAL, CONSEQUENTIAL, INDICENTAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION INDIRECT AND SPECIAL DAMAGES) THAT MAY RESULT FROM THE EXCHANGE SERVICES, THE SITE, OR THE SUSPENSION, TERMINATION OR MALFUNCTION OF THE EXCHANGE SERVICES OR THE WEBSITE. SITE’S LIABILITY TO SELLER OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) $100 OR (B) THE TOTAL DOLLAR AMOUNT OF ALL TICKETS AND OTHER ITEMS SELLER SELLS ON THE SITE OR OTHERWISE THROUGH THE EXCHANGE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION ALLEGEDLY GIVING RISE TO LIABILITY.SOME JURISDICTIONS DO NOW ALLOW THE EXCLUSION OR LIMITATION OF ACCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
    5. ALLOCATION OF RISK. SELLER ACKNOWLEDGES AND AGREES THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY REPRESENT BARGAINED FOR ALLOCATIONS OF RISK, AND THAT THE PRICING AND OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REFLECT SUCH ALLOCATION OF RISK.
  9. Miscellaneous Provisions

    1. Agency. Seller and Site are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
    2. Notices. Except as expressly stated otherwise, all notices to Site shall be sent to the email addresses provided on the Site. Except as expressly stated otherwise, all notices to Seller shall be sent to the latest email address provided to Site through the registration or profile administration process on the Site. Such notice shall be deemed given one business day after the email is sent.
    3. Governing Law and Arbitration. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Connecticut. Except for allegations that Seller has infringed or has threatened to infringe Site’s intellectual property rights, Site and Seller agree that any dispute or controversy between them, or arising under or concerning performance or breach of this Agreement shall be settled by one arbitrator in binding arbitration, to be held in Hartford, Connecticut, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction. If Site alleges that Seller has infringed or threatens to infringe Site’s intellectual property rights, then, in addition to any other rights and remedies Site may have, Site may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, Seller consents to the exclusive personal jurisdiction and venue of the federal and state courts in and for Hartford Connecticut, U.S.A.
    4. Complete Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this agreement shall not be affected. Seller may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Site, which Site can refuse in its sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies to any person or entity other than the parties hereto and their successors and permitted assignees. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes, or describes the scope or extent of such paragraph.
    5. Privacy Policy. This policy covers Site’s treatment of personal or personally identifiable information (Personal Information) that may be collected when Seller is on the Site or when Seller uses the Exchange Services. This policy does not apply to the practices of companies or individuals that Site does not own or exercise supervisory control over, or to third party advertisers or Buyers on the Site or through the Exchange Services. Site may collect Personal Information when Seller uses the Exchange Services or when Seller visits cookie-enabled pages on Site, or when Seller provides information to Site. Site may log Seller’s IP address when user accesses the Site or the Exchange Services. Site uses this Personal Information in the operation of the Exchange Services and the Site, including without limitation contacting Sellers about the Exchange Services, Site, Offers from Buyers, or to market various promotions to Sellers. Site may also use “cookie” files to better serve Seller’s needs. Site will not provide, sell or rent Seller’s Personal Information to any individual, business or government entity unless requested by Seller or if Site is required to respond to court orders, subpoenas or other legal processes. Site reserves the right to amend this policy at any time.

      User can do the following, at any time, by contacting Site via the email address or phone number given on the Site:

      • See what data Site has about Seller, if any;
      • Change or correct any data Site has about Seller;
      • Have Site delete any data Site has about Seller; and
      • Express any concern Seller has about Site’s use of Personal Information.

      To stop receiving promotional or marketing emails Seller can follow the instructions in any promotional email Seller receives from Site, or Seller can opt-out of all marketing materials while completing their initial registration on Site, or by changing their account settings. Please be aware that Seller cannot opt-out of all communications. Even if Seller opts out of receiving promotional or marketing emails, Seller will still be contacted regarding transactional messages.