By accessing the Partner Portal to receive the Content you are agreeing to be bound by the Terms and Agreement. If you access or use the Evvnt Partner Portal or Content on behalf of a company, principal or entity, you represent that you have authority to bind such entity and its affiliate to the Partner agreement and that it is fully binding upon them. In such case, the term “ you” will refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with the terms of the Partner Agreement, you may not access or use the Evvnt Partner Portal, APIs or Content. You should read and keep a copy of the Partner Agreement for your records. In the event of a conflict among them, the terms of this document will control
Evvnt reserves the right to update and change the Partner Terms and Conditions and all documents incorporated by reference from time to time without notice. Any new features that augment or enhance the Evvnt Partner Portal, APIs, including the release of new tools and resources, shall be subject to the Partner Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. If you do not wish to be bound to any new terms, you must request a termination of your Partner Portal account.
The following (together with the documents referred to herein) are the Terms and Conditions on which we will supply you with products (Products) and/or services (Services). Please read these documents carefully before ordering any Products or Services from us. You should understand that by ordering any of our Products or Services, you agree to be bound by these Terms and Conditions.
Please understand that if you refuse to accept these Terms and Conditions, you should not order any Products or Services.
- INFORMATION ABOUT US
- Evvnt Inc (the Company/we), which is registered in Delaware, USA and with our registered and trading office at 121 Mast Mall, Marina Del Rey, Los Angeles, CA90292, USA. Our website is at www.evvnt.com/partners.
- YOUR STATUS
- By signing up with us, you warrant that: you are at least 18 years old; you are legally capable of entering into binding contracts and are authorise to enter into this Contract (as defined below) by any company for whom you work; you will provide us with the information we need to supply the Products and/or Services and ensure that such information is accurate in all material respects; and you have obtained any permissions and/or consents that may be required before we deliver the Products and/or Services to you.
- OUR SERVICES
- By signing up as a partner you agree that you represent any partner or publisher site that you may claim or submit to us for inclusion in our network, upon Evvnt’s own validation of your claim or submission. As a partner you consent that any publisher site you own or claim will become part of Evvnt’s network, and it’s information will be shared as part of Evvnt’s product with our users, including any third party resellers. If acting as a publisher, you agree to accept events content from us via the agreed upon method, to publish the content in a timely fashion and to return to us the URL of the published event for inclusion in our reporting. If acting as a partner or reseller, you agree to create events and packages on behalf of users where their consent has been given. You agree that any information delivered to us will be used to deliver our service, including the submission of events data to our publisher network. You consent that when distributing data to our publisher network, the network takes a shared ownership of any event & user data for their own publishing purposes, and may use it as they wish within their terms of agreement with Evvnt. By interacting with any of our APIs as a partner you agree to be governed by our API terms, outlined separately and at api.evvnt.com.
- OUR LIABILITY
- Our liability for failing to deliver Products or Services of satisfactory quality or otherwise in breach of this contract is limited to the price of those Products or Services. We are not responsible for any indirect or consequential losses, loss of profit, loss of business opportunity or loss of goodwill. This does not include or limit in any way our liability: for death or personal injury caused by our negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. Evvnt shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Evvnt Partner Portal, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Evvnt has been advised of the possibility of such damages. In the event that the above is not enforceable, Evvnt’s aggregate liability under this agreement is limited to $100. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Evvnt, and its employees, agents, officers, consultants, subsidiaries, affiliates, licensors, co-branders or other partners from any and all liability for claims, costs, losses, damages (actual and/or consequential), liabilities, suits, judgments and expenses (including reasonable legal fees) of every kind and nature, arising from or in any way related to your use of the Evvnt Partner Portal materials.
- You shall not disclose Evvnt Confidential Information to any third party and will take all reasonable precautions to prevent its unauthorised dissemination, both during and after the term of this Agreement. You shall not use Confidential Information without Evvnt’s express prior written consent. All Evvnt Confidential Information remains the property of Evvnt, and no license or other right in any Evvnt Confidential Information is granted hereby. ‘Evvnt Confidential Information’ means any information of or relating to Evvnt that becomes known to you through disclosure, observations or otherwise, and that either is designated in writing as “Confidential” by Evvnt or that is not generally known or readily ascertainable to the public, including, without limitation, non-public information regarding the Evvnt API Materials and partnership programs, Evvnt’s products, services, programs, features, data, techniques, technology, code, ideas, inventions, research, testing, methods, procedures, know-how, trade secrets, business and financial information and other activities. Confidential Information does not include information that has become publicly known through no breach by you, or information that has been (i) independently developed without access to Evvnt Confidential Information as evidenced in writing; (ii) rightfully received by you from a third party who has the lawful right to disclose such information; or (iii) required to be disclosed by law or by a governmental authority. If you are a corporate entity, you will limit your internal distribution of Evvnt Confidential Information to your employees and agents who have a need to know, and, will take steps to ensure that dissemination is so limited. You will not use any Evvnt Confidential Information for the benefit of anyone other than Evvnt. Upon Evvnt’s written request, you will destroy or return to Evvnt all Evvnt Confidential Information in your custody or control. Your obligations hereunder shall survive the expiration or early termination of this Agreement for a period of three years.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control. We will submit your event in the appropriate format and by appropriate means to various targeted event listing sites. However, we do not own or control these sites and we cannot guarantee the event will go live on these sites. The third party event listing sites which publish your events will endeavour to rank your event in third party search engines (such as Google). We do not own or control these search engines and we cannot guarantee the event will be seen in natural search. You acknowledge that it is in the best interest of both parties that Evvnt maintain a secure and stable environment. To that end, Evvnt reserves the right to change the method of access to the Evvnt the Partner Portal and/or the Content at any time. You also agree that, in the event of degradation or instability of Evvnt’s system or an emergency, Evvnt may, in its sole discretion, temporarily suspend your access to the Evvnt Partner Portal, APIs and Content under this Partner Portal Agreement. Your continued access to the Evvnt Partner Portal, APIs and Content is subject to your compliance with the following security standards: Safeguards: You agree to maintain reasonable safeguards to protect the security of all information provided to you by Evvnt and to use such information only as intended under the Agreement; Industry Standards: Your network, operating system and software of web server(s), routers, databases, and computer systems (collectively ‘Systems’) must be properly configured to Internet industry standards, as required to securely operate your Application. If you do not completely control any aspect of the Systems, you will use all control or influence that you have over the Systems and/ or selection of components thereof and you will not architect or select the Systems or component thereof in a manner to avoid the foregoing obligation. Virus Precautions: All materials, including your Application and other software and documents, that you provide to Evvnt, must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free. You represent and warrant that any software, data or other content provided by you to Evvnt will not contain harmful scripts or code. Reporting: You agree to immediately notify Evvnt in writing via email to firstname.lastname@example.org upon your discovery of a breach of security of your facility, systems or Application where Evvnt or data relating to any use of the Evvnt Partner Portal Materials has been acquired by an unauthorised person. You will work with Evvnt to immediately correct any security deficiency, and will discontent immediately any intrusion or intruder. Contact and Cooperation: You (or the name of the contact you gave to Evvnt when you applied for you application key) must be reachable at all times for security questions or concerns. You can change your name or contact by signing up for a new application key via email. (f) Control Access to Systems: To the extent you have control or influence over the System, you will log (in a time and date-stamped fashion) all instances of access to the Systems. You will encrypt the password and username files for the Systems that store or process any Evvnt user data. Passwords must be unique and changed often. You will minimise access to and use of the passwords. Wherever possible, commands which require additional privileges should be surely logged (with time and date) to enable a complete audit trail of activities. When an individual terminates his or her employment with you, his or her password and access password facilities must be terminate immediately. Security Reviews: You agree that Evvnt will have the right, at its own expense, to review and/or may monitor your use of the Evvnt Partner Portal, the Content and your Application in order to confirm compliance with the Agreement.
- WRITTEN COMMUNICATIONS
- Applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- INTELLECTUAL PROPERTY
- You acknowledge that all our Intellectual Property Rights (i.e. patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in goodwill, design rights, rights in computer software, database rights, topography rights, moral rights, rights in confidential information, including know-how and trade secrets, and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world) in or arising out of or in connection with the Products and/or Services belong to us. You also acknowledge that the use of any third party Intellectual Property Rights in the Products and Services may be conditional on us obtaining a licence from the relevant third party.
- PROPRIETARY RIGHTS
- You agree that Evvnt may use your company, organisation, or product name and/or logo in presentations, marketing material, customer lists, financial reports, website listings of publisher partners, research and marketing case studies and other marketing-related activities.
- You acknowledge and agree that these Terms and Conditions and the license granted herein do not create an exclusive relationship between you and Evvnt. Evvnt may, or may engage or permit others to, develop applications that are the same or similar to your Application for any purpose, including without limitation any commercial purpose.
- NOTICES AND COMMUNICATIONS
- All notices given by you to us must be given in writing to email@example.com or to Evvnt Inc, 121 Mast Mall, Marina Del Rey, Los Angeles, CA90292, USA. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- These Terms and Conditions together with the documents referred to herein represent the entire agreement between us. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them. We have the right to revise and amend these Terms and Conditions from time to time.
- SUPPORT – Support for the Services shall be as set forth at https://partners.evvnt.com/hc/en-us (as they may be updated from time to time).
- To be defined as the website domains submitted to Evvnt to allow the use of Evvnt’s software.