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.
Account Creation Process. Series of steps a user undergoes to submit a request for a Seller’s Account.
Buyer. User who purchases tickets on the Consumer Exchange or through the Site.
Consumer Exchange. An online marketplace for individuals to offer their tickets for sale to ticket buyers.
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.
Order. A Ticket Offer which has been verified by the Site and accepted by the Seller.
Seller. User who lists tickets on the Consumer Exchange.
Seller’s Account. Account created by Seller through the Site to allow Seller access to the Exchange Services.
Seller Commission. The Seller Commission is the amount paid to the Seller for their tickets upon a Successful Sale of those tickets. The Seller Commission is calculated by multiplying the number of tickets sold by the Seller Price and then subtracting the Seller Fee from this total.
Seller Fee. The Seller Fee is the amount charged by the Site upon a Successful Sale of tickets listed by Seller on the Consumer Exchange. This will be 10% of the Seller Price multiplied by number of tickets sold.
Seller Price. The Seller Price is the per ticket price set by Seller for the tickets Seller lists on the Consumer Exchange for sale.
Site. The website where the Seller creates their account to list tickets on the Consumer Exchange and where the Exchange Services are utilized, specifically sell.superseats.com.
Successful Sale. A sale is deemed successful when a Buyer places an Offer for tickets, their billing information is verified by Site, and their Offer is accepted, 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.
Ticket Listing. A Ticket Listing is a group of tickets for seats that are next to one another and are sold on the Consumer Exchange.
Ticket Offer or 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.
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.
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.
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.
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.
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.
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.
Valid payment information. To be allowed access to the Consumer Exchange, Seller must provide valid PayPal account information for the purpose of receiving payment(s) from Site.
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 V, 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 reinstated.
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 V, 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.
Miscellaneous Violations. Site may suspend or terminate Seller’s Account for any other reason as Site deems necessary in its sole discretion. Site shall not be held liable for any lost profits or other damages as a result of a suspended or terminated Seller’s Account.
Ticket Listing requirements. Sellers enter their ticket inventory on the Consumer Exchange as one or more Ticket Listings. All Ticket Listings must follow Site requirements to be valid, and must either be a standard hard ticket, or an electronic ticket. The requirements for listing tickets are below:
Seller must possess all rights to the tickets in the Ticket Listing. If Site suspects that Seller is listing ticket inventory that the Seller does not currently own, the Ticket Listing 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 Buyer. Electronic tickets that are uploaded to the listing are “pre-delivered” i.e. a Buyer will be able to instantly download the tickets once the order is accepted.
All tickets in a Ticket Listing must be valid and legitimate. Any Seller listing fraudulent, counterfeit or stolen tickets will be immediately terminated, and may be subject to additional penalties.
All seats in the Ticket Listing must be contiguous. If Seller wishes to sell tickets for non-adjoining seats, Seller shall create more than one Ticket Listing to do so.
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 Listing shall match what is printed on the physical or electronic tickets in the Seller’s possession.
Obstructions and other special circumstances must be noted. When creating a Ticket Listing on the Site, Seller shall indicate if the tickets have a limited or obstructed view, and shall make sure to select the appropriate checkbox for any additional information that is printed on the ticket.
Seller must keep Ticket Listings current. All Ticket Listings 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 Listing from the Consumer Exchange immediately. Event dates, times, venues, and subject matter may change. If these changes occur, Seller shall update the Ticket Listing with the latest valid information.
Any violations of these provisions may result in the suspension or termination of a Seller’s Account.
The following tickets and or Ticket Listings shall be prohibited:
Paperless, flash seats, and tickets required to be picked up via will-call only.
Tickets that do not grant a purchaser access to the event (Example: club passes, parking tickets, VIP access, etc.).
Speculative tickets, where the exact seat locations are not known at the time of listing.
Any Seller listing tickets meeting any of the descriptions in this section b. may have their Seller’s Account terminated.
Seller warrants that Ticket Listing information is valid. For all Ticket Listings listed by Seller, Seller warrants that Seller’s description of the tickets accurately details and describes 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.
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.
Last Minute Listings. In general, Site will not show tickets within five (5) 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 five (5) business days of an event.
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 Listing information, including any descriptions of the tickets listed for sale. Seller will be paid in accordance with this Agreement, regardless of which site the tickets are actually sold on.
Seller Sets Price of Tickets. The Seller is able to set the price per ticket when creating a Ticket Listing. This amount will determine the Seller Commission on an order.
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.
Removal of Ticket Listings. Site reserves the right to not display Seller’s Ticket Listings on any or all of its affiliated websites for any reason. If your Ticket Listings are not displayed on Site, please contact email@example.com.
Seller is responsible for ensuring delivery of the tickets and for ensuring a Successful Sale by keeping their Ticket Listing up-to-date and by providing accurate shipping and delivery information.
A violation of any of the requirements or prohibitions in this section IV may result in Account suspension or termination.
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. The Site reserves the right to reject an order if deemed fraudulent or in Site’s sole discretion. If Site is able to verify the Buyer information, the Offer will be accepted by the Site on Seller’s behalf.
Completing the Order. Once the Offer is accepted, the Seller agrees to provide the tickets to the Buyer within five (5) days of being notified that the Offer was accepted. If the tickets are not in-hand, the Seller has twenty four (24) hours from the indicated in-hand date to deliver the tickets. . If the tickets were originally uploaded as electronic tickets, the tickets will be automatically delivered to the Buyer. If the Seller indicated the tickets were electronic tickets, but not in hand, then the tickets must be uploaded within twenty four (24) hours of the marked in-hand date. 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 V.c. apply.
Invalid Order(s). If a Seller fails to provide the correct tickets, fails to provide the tickets in time for 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 Buyer. 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, and Seller may be subject to a penalty equal to or above the cost of Buyer’s purchase price to cover the costs of replacing Buyer’s Order and any administrative fees deemed necessary by the Site. In some events Seller’s actions surrounding an Invalid Order may be egregious enough to warrant additional penalties. Site reserves the right to assess adequate penalties to compensate an aggrieved Buyer and or to cover additional administrative services due to Seller’s actions. If Site is unable to collect the necessary funds from the Seller, Seller’s Account shall be suspended until payment is secured. Site reserves the right to pursue collection of unpaid penalties by withholding payments for any other Successful Sale or via any legally enforceable process.
Shipping. If the Ticket Listing was for hard tickets, once an order is accepted 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 five (5) 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 V.c. shall apply. Seller agrees to use the shipping label provided for the sole purpose of delivering the tickets and only the tickets to the Buyer.
Payment. Site will make payment to Seller 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. 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 payment is returned by PayPal due to the Seller’s error in providing correct information, Site will charge a penalty for having to reissue payment. 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.
Taxes. Site does not collect taxes on any transactions. Sellers are responsible for collecting and remitting all applicable taxes in connection with ticket sales. Sellers shall indemnify and hold Site harmless from any claim that Site owes sales taxes with respect to Seller’s sale, including cost of defense and any interest or penalties.
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.
Postponed Events. If tickets are not sold at the time of postponement, it is the Seller’s responsibility to update the Ticket Listing with the new information. If tickets are sold, and the venue requires new tickets to the event to be printed and Seller has already delivered the tickets to the Buyer, Seller must contact the Site to request a new shipping label to ship new tickets to the Buyer. If Seller fails to provide the new tickets, and the Buyer is denied entry into the event, it will be considered an Invalid sale and Seller will be subjected to the penalties described in V.c.
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.
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.
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.
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.
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, OR THAT SELLERS’S TICKETS WILL SELL, 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.
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.
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.
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.
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.
Governing Law and Arbitration. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. 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 King County, Washington, 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 King County, Washington, U.S.A.
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.
Seller 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.