Organizer Merchant Agreement

This Organizer Merchant Agreement (“Agreement”) applies to all Organizers who create, list, promote, or manage events on The Elite Pass (theelitepass.com). By creating an event, using ticketing tools, collecting payments, or accessing Organizer features, you agree to this Agreement. If you do not agree, do not use The Elite Pass to host events.

1. Definitions

• The Elite Pass, we, us, our: The Elite Pass (theelitepass.com), its affiliates, officers, employees, and partners.
• Organizer, you, your: Any individual or entity using our Services to create, manage, or promote events.
• Consumer: An attendee or ticket buyer.
• Event: Any in-person, virtual, or hybrid event listed on The Elite Pass.
• Event Proceeds: Total gross ticket or registration revenue collected through the platform, minus refunds, chargebacks, and adjustments.
• Payment Processor: Third-party processors used by The Elite Pass to collect or remit funds.
• Elite Pass Payment Processing (EPPP): Payment processing where The Elite Pass collects ticket revenue on behalf of Organizers.
• Facilitated Payment Processing (FPP): Where Consumers pay the Organizer directly through the Organizer’s own payment processor.
• Elite Pass Fees: Service fees, payment processing fees, platform fees, and any other charges described during event creation.
• Chargeback: A disputed card transaction returned to the Consumer by their bank.

2. Eligibility & Responsibilities of Organizers

2.1 Legal Compliance

You agree to:

• Obtain all licenses, permits & authorizations required for the event
• Comply with all applicable laws and regulations
• Ensure venue compliance (fire, safety, capacity, etc.)
• Follow regulations for ticketing, consumer protection, alcohol, minors, entertainment, and local taxes

You are solely responsible for event legality and operations.

2.2 Accurate Event Information

• Provide accurate titles, dates, locations, and descriptions
• Provide accurate pricing, fees, schedules, and event rules
• Ensure truthful marketing content
• Promptly update any event details if they change

Misleading attendees is prohibited.

2.3 Delivery of Event

You are fully responsible for:

• Holding the event as described
• Providing all purchased services
• Managing entry & attendance
• Providing customer service and support
• Handling complaints

The Elite Pass does not own, operate, or manage your events.

2.4 Customer Support

You must promptly respond to Consumer inquiries, including:

• Event questions
• Refund requests
• Seating issues
• Ticket transfer requests
• Entry problems

If you fail to respond, The Elite Pass may intervene, but is not obligated to do so.

3. Ticketing, Fees, and Payouts

3.1 Fees

The Elite Pass charges:

• Platform fees
• Ticketing fees
• Payment processing fees
• Any additional fees agreed in writing

Fees may be passed to Consumers or absorbed by Organizers and are disclosed during event setup.

Elite Pass Fees Are Non-Refundable, unless required by law or explicitly stated.

3.2 Payment Models

A. Elite Pass Payment Processing (EPPP)

• Consumers pay through The Elite Pass
• We collect payments, deduct fees, and remit Event Proceeds to Organizers
• Payouts typically occur within 3–7 business days after the event
• Payouts may be delayed due to refunds, chargebacks, fraud, compliance checks, or missing documentation

Verification Requirements: Identity, tax info, bank details, event ownership/venue authorization, or other documentation may be required before payouts.

B. Facilitated Payment Processing (FPP)

• Consumers pay directly to your own payment provider (Stripe, PayPal, Razorpay, etc.)
• You collect funds, handle refunds, and manage chargebacks
• You are liable for all financial obligations; The Elite Pass is not involved in fund flow

4. Refunds, Cancellations, and Consumer Protection

4.1 Organizer Sets Refund Policy

You determine whether tickets are refundable, refund windows, partial/full refunds, or final sales. Policies must be clear, visible, and law-compliant.

4.2 Refund Obligations

• Canceled events: issue refunds per your policy
• Postponed/rescheduled events: communicate changes promptly and honor your policy
• Significantly changed events: consumers may be entitled to refunds

Organizers are financially responsible for refunds; The Elite Pass is not.

4.3 Refund Processing (EPPP)

• The Elite Pass may process refunds on your behalf
• Refund amounts are deducted from Event Proceeds
• If Proceeds are insufficient, you must reimburse us immediately

4.4 The Elite Pass Right to Refund Consumers

We may issue refunds directly if:

• You fail to respond or process refunds required by law
• Event is canceled and you do not act
• Fraud, misconduct, or misrepresentation is suspected
• Required by credit card rules or government authority

You agree to reimburse us for refunded amounts.

5. Chargebacks & Fraud Prevention

5.1 Chargebacks

If Consumers dispute a charge:

• The amount may be reversed
• You must provide evidence (tickets, logs, entry scans, communications)
• You are liable for all chargebacks related to your event

5.2 Excessive Chargebacks

• We may hold payouts
• Require additional verification
• Increase reserve or rolling hold
• Suspend or terminate your account

5.3 Fraud Monitoring

• We may delay or freeze payouts for suspicious activity, unusual sales patterns, fake listings, non-delivery complaints, or potential financial loss
• We are not required to disclose detection processes

6. Taxes

6.1 Organizer Responsibility

• Responsible for tax compliance, remittance, ticket-related taxes, income reporting, and government filings
• Indemnify The Elite Pass for any tax liabilities arising from your events

6.2 Withholding & Reporting

• The Elite Pass may collect tax info, withhold amounts, and report payments as required by law

7. Organizer Content, IP Rights & Licenses

7.1 Your Content

You retain ownership but grant The Elite Pass a non-exclusive, worldwide, royalty-free, sublicensable license to use your content for platform operations and promotion.

7.2 Your Trademarks

You grant permission to display your name, logo, and branding to promote events, identify you as Organizer, and improve platform experience.

8. Event Entry & Ticket Validation

• Use Elite Pass scanning/validation tools
• Check all tickets against the system
• Do not accept refunded, invalid, or duplicate tickets

Failure may result in financial liability.

9. Prohibited Events & Activities

• Illegal activities
• Hate speech, violence, discrimination
• High-risk financial schemes
• Weapons or controlled substances (unless legal)
• Pornographic or adult explicit content
• Fraud, impersonation, or deceptive practices
• Events violating safety regulations or local law

Prohibited events may be removed without notice.

10. Termination or Suspension

We may suspend or terminate your account for violations, unsafe events, fraud, failure to deliver, misuse, or excessive complaints/chargebacks. Remaining payouts may be held until obligations are met or investigations conclude.

11. Limitation of Liability

• Not liable for indirect, incidental, or consequential damages
• Maximum direct liability is limited to fees paid in the past 3 months
• Not liable for Organizer errors, event issues, or attendee injuries

Organizers indemnify The Elite Pass for claims arising from operations, disputes, legal violations, content misuse, and taxes.

12. Governing Law & Arbitration

Disputes handled per The Elite Pass Terms of Service, binding arbitration rules, and class action waiver provisions. Legal venue: San Francisco, California, USA.

13. Updates to This Agreement

Material changes will be communicated via email, platform notifications, or updated “Last Updated” date. Continued use of Organizer Services indicates acceptance.

14. Contact Information

• Email: info@theelitepass.com
• Website: https://theelitepass.com