Affiliate Program Agreement

Effective date: September 7, 2025
Last updated: September 7, 2025

Highlights (for convenience only; the Agreement below controls):
• Code gives buyers $5 off per ticket; you earn $5 per ticket purchased with your code.
• PayPal only, $15 minimum per payout, paid within 21 days after the event date for qualifying tickets.
• U.S. affiliates at $600+ in a calendar year must provide a W‑9 before further payouts can be released.
• Events are 25+; do not promote to under‑25 audiences. Use proper FTC disclosures (e.g., #ad / #affiliate).
• We track completed orders in Ticket Tailor; refunds/chargebacks are non‑commissionable and may be reversed.
• We may suspend/terminate participation for policy breaches, fraud, or brand risk.

1. Parties & Acceptance

This Affiliate Program Agreement (the “Agreement”) is between 5 to 9 Club LLC, a Nevada limited liability company registered to do business in Louisiana (“5 to 9 Club,” “we,” “us,” “our”), and the applicant (“Affiliate,” “you”). By submitting our affiliate form and selecting “I accept” (or similar) prior to submission, you agree to be bound by this Agreement and our Privacy Policy and Terms of Service (collectively, the “Program”). If you do not agree, do not join or participate.

2. Eligibility & Enrollment

2.1 Age & audience fit. You must be 18+. Our events are 25+; you agree not to target or promote to under‑25 audiences and to include the 25+ condition where relevant.
2.2 Application & approval. We may approve, decline, or later revoke any application in our discretion. You agree to provide accurate information and keep it current.
2.3 Independent contractor. You are an independent contractor and not our employee, agent, joint venturer, or partner. You have no authority to bind 5 to 9 Club.

3. Codes, Links & Scope

3.1 Code issuance. Upon approval, we will confirm or create a unique discount code (your “Code”). We may modify a requested code to avoid conflicts, reserved words, or misuse.
3.2 Buyer discount. When a buyer applies your Code at checkout for eligible ticket types, the buyer receives $5 off per ticket. Codes are non‑stackable per ticket line.
3.3 Scope & validity. Codes apply only to eligible ticket types and validity windows we set in Ticket Tailor. We may restrict or retire Codes at any time to protect the Program.
3.4 No self‑use or gaming. You will not use your Code for your own purchases; instruct buyers to seek refunds to re‑apply a Code; share private codes on coupon sites; or otherwise manipulate attribution.

4. Commission & Calculation

4.1 Amount. You earn $5 per ticket purchased where your Code was applied to the completed order (the “Commission”). Currency: USD.
4.2 Source of truth. Commissionable sales are determined by completed orders recorded in Ticket Tailor with your Code applied. Carts/holds/abandoned checkouts are not commissionable.
4.3 Adjustments. Refunded, canceled, fraudulent, or disputed tickets are not commissionable; related Commissions may be reversed or withheld.
4.4 Event changes. If an event is postponed or canceled, related Commissions are paid, delayed, or voided consistent with the final disposition of orders.

5. Payouts

5.1 Method & minimum. Payouts are via PayPal only to the PayPal account you designate. Minimum payout = $15; smaller balances roll over.
5.2 Timing. We pay within 21 days after the event date for qualifying ticket(s) (e.g., tickets for an October 7 event are payable by October 28), subject to Section 4.3.
5.3 Holds. We may delay payouts during investigations, for suspected fraud, or for refund/chargeback windows.
5.4 Records. Keep reasonable records of your promotional activities for 12 months and provide information we reasonably request to validate compliance.

6. Taxes & Forms

6.1 U.S. forms. If you are a U.S. person and your Commissions reach $600+ in a calendar year, you must submit a W‑9 before we can release payouts above that threshold. Non‑U.S. persons may be asked for a W‑8.
6.2 Responsibility. You are solely responsible for applicable taxes on Commissions. We may issue required information returns (e.g., 1099‑NEC) as required by law.

7. Promotions, Compliance & Brand Standards

7.1 FTC disclosures. You will provide clear, conspicuous disclosure of your affiliate relationship in each post, caption, video, story, link, and in‑person promotion (e.g., #ad, #affiliate).
7.2 Accuracy & claims. Use truthful, non‑misleading statements. Do not make health, safety, or comparative claims not provided or approved by us.
7.3 Targeting & placements. Do not target under‑25 audiences; avoid placements likely to reach minors.
7.4 Prohibited conduct. No spam or unsolicited SMS/email; no purchased/botted traffic; no impersonation; no illegal/harassing/obscene content; no bidding on our brand names or close variants in paid search/social.
7.5 Creative & trademarks. We grant you a limited, revocable, non‑exclusive, non‑transferable license to use our name, logo, and approved creative solely to promote the Program, consistent with any Brand Guidelines we provide. Do not alter our trademarks or imply endorsement beyond the Program.
7.6 Content rights. You grant us a royalty‑free license to re‑share or repost your Program‑related promotional content (with credit where feasible) across our channels.

8. Fraud, Review & Audit

We may review activity for compliance. We may reverse or withhold Commissions, disable Codes, and/or suspend or terminate participation for suspected fraud, self‑dealing, policy breaches, or brand risk. We may request reasonable information to verify compliance.

9. Term, Suspension & Termination

9.1 Term & convenience. This Agreement begins on acceptance and continues until terminated. Either party may terminate at any time upon notice.
9.2 Effect. Upon termination, your right to use the Code and our assets ends immediately. Valid, accrued Commissions through the termination date remain payable per Sections 4–5, subject to adjustments and holds. Sections intended to survive (including 6–7, 8, 10–14) will survive termination.

10. Intellectual Property & Ownership

Except for the limited license in Section 7.5, all rights in our trademarks, service marks, logos, creative assets, copy, and content are owned by 5 to 9 Club or our licensors. No other rights are granted by implication or otherwise.

11. Disclaimers

The Program, Codes, site, and materials are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. We do not warrant uninterrupted or error‑free operation or specific outcomes.

12. Limitation of Liability

To the maximum extent permitted by law, 5 to 9 Club and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, or goodwill, arising from or related to the Program, even if advised of the possibility. Our aggregate liability to you for any claim will not exceed the total Commissions paid to you in the six (6) months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations; in such cases, the limitation applies to the fullest extent permitted.

13. Indemnification

You agree to defend, indemnify, and hold harmless 5 to 9 Club, its members, managers, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your promotional activities; (b) your breach of this Agreement; or (c) your violation of law or third‑party rights.

14. Governing Law; Venue

This Agreement is governed by the laws of the State of Louisiana, without regard to conflict‑of‑law principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in East Baton Rouge, Louisiana for any dispute not subject to small‑claims jurisdiction. You consent to service of process by email or mail at your last provided address. (If you prefer arbitration, we can provide a short arbitration addendum.)

15. Changes to the Program

We may modify the Program (including eligibility, promotional rules, and Code scope) and this Agreement from time to time. Material changes will be noted by a revised Last updated date and, where feasible, reasonable notice. Changes apply prospectively. Continued participation after changes constitutes acceptance.

16. Miscellaneous

16.1 Entire agreement. This Agreement (plus referenced policies) is the entire agreement regarding the Program and supersedes prior discussions.
16.2 Severability. If any provision is unenforceable, it will be limited to the minimum extent necessary; the remainder remains in effect.
16.3 No waiver. Failure to enforce any provision is not a waiver.
16.4 Assignment. You may not assign or transfer this Agreement without our written consent; we may assign to a successor or affiliate.
16.5 Electronic consent. You agree to transact electronically and that your click‑through acceptance constitutes a signature under applicable e‑signature laws.
16.6 Notices. Program notices may be sent to your email on file. You will send legal notices to the address below.

Contact

5 to 9 Club LLC
Address: 9655 Perkins Rd STE C-108, Baton Rouge, LA 70810
Email: support@5to9club.com