Solutions Addendum

• Overview
• 1. Ticket Stock
• 2. Short Term Leased Equipment
• 3. Long-Term Leased Equipment
• 4. RFID Services
• 5. Onsite Registration Suite
• 6. Onsite Services
• 7. Web Presence
• 8. Third Party Website Development
• 9. Additional Organizations

Overview

During the Term of the applicable Services Agreement or Statement of Work into which this Solutions Addendum is incorporated (either, an “Agreement”), Eventbrite agrees to provide the additional products and services stated in the Agreement (“Solutions”) subject to the terms and conditions stated below (the “Solutions Addendum”). Capitalized terms used but not defined in this Solutions Addendum are defined in the Eventbrite Terms of Service (the “Terms of Service”) and the Agreement.

The Solutions will be deemed to be “Services” under the Terms of Service and information collected through any Solutions will be subject to the terms of Eventbrite’s Privacy Policy. Organizer will be responsible for using the Solutions in a manner that complies with all international, federal, state and local laws and the rules and regulations of all credit card companies.

Eventbrite may engage third party providers to provide any Solutions (a “Third Party Provider”). As such, any Solutions may be provided by Eventbrite or through a Third Party Provider, at Eventbrite’s discretion. Organizer agrees to be bound by any applicable terms of use and privacy policy of that Third Party Provider. However, Eventbrite will have no obligations to Organizer under the Third Party Provider’s terms and makes no representation or warranty about the Third Party Provider’s services or products.

1. Ticket Stock

If the Agreement provides for ticket stock, the following terms apply:

Eventbrite will provide the quantity of comped ticket stock stated in the Agreement. Organizer agrees to pay Eventbrite’s cost of shipping ticket stock to Organizer. Additional ticket stock may be purchased through Eventbrite’s third party partner, Boca Systems.

2. Short Term Leased Equipment

If the Agreement provides for Short-Term Leased Equipment, the following terms apply:

At the written request of Organizer, Eventbrite will lease (or cause a third-party to provide) equipment to Organizer on short term basis for specific Events (the “Short-Term Leased Equipment”). In exchange for the Short-Term Leased Equipment, Organizer will pay the fees stated in the Agreement (“Equipment Lease Charges”) (if any). For the avoidance of doubt, if Organizer leases Short-Term Leased Equipment from Eventbrite for multiple Events, the Equipment Lease Charges will recur for each Event. In addition, Organizer agrees to pay Eventbrite’s cost of shipping Short-Term Leased Equipment to and from Organizer. Organizer must make a written request (email being acceptable) to Eventbrite for Short-Term Leased Equipment at least 14 days before the Event and execute Eventbrite’s standard equipment lease . Eventbrite reserves the right to modify the Short-Term Leased Equipment quantities based on the actual need at the Event.

3. Long-Term Leased Equipment

If the Agreement provides for Long-Term Leased Equipment, the following terms apply:

At the written request of Organizer, Eventbrite will lease (or cause a third party to provide) equipment to Organizer for multiple Events (the “Long-Term Leased Equipment,” and together with the Short-Term Leased Equipment, the “Leased Equipment”). In exchange for the Long-Term Leased Equipment, Organizer will pay the fees stated in the Agreement (“Equipment Lease Charges”) (if any). In addition, Organizer agrees to pay Eventbrite’s cost of shipping Long-Term Leased Equipment to and from Organizer. Organizer must make a written request (email being acceptable) to Eventbrite for Long-Term Leased Equipment at least 14 days before the Event and execute Eventbrite’s standard equipment lease. Eventbrite reserves the right to modify the Long-Term Leased Equipment quantities based on the actual need at the Event.

4. RFID Services

If the Agreement provides for RFID Equipment and associated services (“RFID Services”), the following terms apply:

4.1 RFID Equipment. At the written request of Organizer, Eventbrite will lease Organizer a reasonable number (as determined by Eventbrite based on the number of Consumers attending a specific Event) of Onsite RFID handheld and RFID portal scanning devices to service mutually agreed-upon areas of the Event (i.e. box office, customer service, entry gates, VIP areas and select back-of-the-house scan points) (the “RFID Equipment”) on a short-term basis for the specific Event(s) or duration set forth in the Agreement. For the avoidance of doubt, the terms stated herein exclude equipment to support sponsorship lead retrieval. Organizer must make a written request (email being acceptable) to Eventbrite for RFID Equipment at least two months prior to the Event, and RFID Onsite Support will be required to deploy and support the RFID technology provided via the RFID Equipment. In consideration of Organizer deploying Eventbrite’s RFID Equipment at an Event, Eventbrite agrees to waive its standard fees for leasing the RFID Equipment.

If Organizer chooses to deploy RFID functionality at an Event, Organizer agrees to exclusively use Eventbrite’s RFID product and services at that Event. Once Organizer confirms with Eventbrite the RFID Equipment quantities and services for an Event, Eventbrite reserves the services staff and Equipment for the Event. If Organizer cancels RFID Equipment and/or Onsite Services following the Effective Date of the Agreement, Organizer agrees to pay Eventbrite 50% of the current retail cost of such RFID Equipment and Onsite Services reserved for the Event, unless such cancellation is due to a force majeure event beyond the control of Organizer. Notice of cancellation must be sent in writing (email being acceptable) to Organizer’s Eventbrite account manager.

RFID Equipment may be picked up by Organizer or shipped to Organizer (or in the case that Onsite Services is provided for a given Event, RFID Equipment may be brought to such Event by Event Staff). In the case that RFID Equipment is shipped to Organizer or picked up by Organizer, Organizer will be required to enter into Eventbrite’s standard equipment lease agreement. In the case that Onsite Support are purchased from Eventbrite and Equipment is brought to an Event by Eventbrite staff, the risk of loss of such RFID Equipment will pass to Organizer when such RFID Equipment is checked out to Organizer’s employees, volunteers or other staff and the risk of loss of such RFID Equipment will pass back to Eventbrite when such RFID Equipment is returned to Eventbrite’s staff. In the case that Onsite Support is purchased from Eventbrite and RFID Equipment is brought to an Event by Event Staff, RFID Equipment will be returned to such Event Staff in the same condition as when checked out, reasonable wear and tear excepted. Should Organizer fail to return any RFID Equipment in such condition upon conclusion of an Event, Organizer will be obligated to reimburse Eventbrite for its costs to acquire replacement RFID Equipment. Organizer may not transport, export or otherwise transfer RFID Equipment outside of the country or state that Eventbrite delivers the RFID Equipment.

4.2 Credentials. Organizer is responsible for securing RFID credentials (i.e. wristbands, badges or other credentials) (the “Credentials”) from a credential provider approved by Eventbrite (the “Credential Provider”). Organizer agrees to have the Credentials delivered to the Fulfillment Provider, as defined below, and/or to the Event on the timelines agreed upon by the parties. Eventbrite will activate the RFID chips in the Credentials (the “RFID Chip Activation”) either (i) at time of Fulfillment, or (ii) at the Event when the Credential is distributed to a Consumer. In exchange for the RFID Chip Activation, Organizer agrees to pay the fees stated in the Agreement for each unique scanned Credential (the “RFID Activation Fee”). Eventbrite will withhold funds from Organizer’s final settlement following the Event in an amount equal to the RFID Activation Fee if Organizer’s account has sufficient funds to cover the RFID Activation Fee. If Organizer’s account does not have sufficient funds to cover the RFID Activation Fee, Eventbrite will invoice Organizer for the RFID Activation Fee following the Event. The process of Eventbrite withholding or, alternately, invoicing Organizer for fees for RFID Service Fees described in the preceding sentences will be referred to as “Charge” in this Addendum.

4.3. Fulfillment. Eventbrite will manage Credential fulfillment and shipping (including postage costs) to Consumers (“Fulfillment”) through a third party fulfillment provider (the “Fulfillment Provider”). Organizer agrees to work with Eventbrite’s preferred Fulfillment Provider on the Fulfillment options selected by Organizer. In exchange for Fulfillment, Organizer agrees to pay the fees stated in the Fulfilment Rate Card based on the fulfillment option, print package and add-ons selected by Organizer (the “Fulfillment Service Fee”). Organizer will execute a Statement of Work (the “SOW”) provided by the Fulfillment Provider confirming the specific services and prices to be provided to the Organizer by the Fulfillment Provider for a specific Event. The Fulfillment Service Fees stated in the Fulfilment Rate Card are applicable for the current calendar year and are subject to change in subsequent calendar years. If applicable, any changes to the Fulfillment Rate Card will be reflected in the SOW. Eventbrite will pay Fulfillment Provider directly the Fulfillment Service Fees agreed upon in the SOW. Organizer may choose to collect a Shipping & Handling Fee from Consumers (the “S&H Fee”) per order sold on the Site. The amount of the S&H Fee is at Organizer’s discretion. If the total amount of the S&H Fees collected by Organizer on the Site for an Event is greater than the total amount of the actual Fulfillment Service Fees incurred by Organizer for an Event, Eventbrite will remit the difference to Organizer within 30 days following the Event. If the total amount of the S&H Fees collected by Organizer on the Site for an Event is less than the total amount of the actual Fulfillment Service Fees incurred by Organizer for an Event, Eventbrite will Charge Organizer for the difference within 5 days following the Event.

4.4 Cashless. If Organizer elects to deploy cashless payments at the Event, Consumers can make credit card, debit card and RFID-based payments using Organizer’s Credential and Organizer will be able to process the RFID-based transactions through an internal or third party payment processor. Organizer will be responsible for leasing cashless payment tablets (the “Payment Tablets”) from a third party vendor approved by Eventbrite (the “Cashless Service Provider”). In consideration of Eventbrite configuring the Credentials to make cashless payments using the Payment Tablets, Organizer agrees to pay the fees stated in the Cashless Solutions Pricing Appendix (or such fees to be mutually agreed upon in writing by the parties) (the “Cashless Service Fee”). Eventbrite will Charge Organizer for the Cashless Service Fee immediately following the Event. Organizer will not be obligated to pay the Cashless Service Fee on merchandise sold through the Payment Tablets using non-RFID payment methods (i.e. cash or credit or debit card transactions that are paid with the actual card). All other costs associated with cashless services (including fees for renting and configuring the Payment Tablets) will be between Organizer and the Cashless Service Provider.

4.5 Sponsorship. If Organizer elects to deploy sponsorship lead retrieval services, Eventbrite will provide RFID scanning devices at specific locations selected by Organizer at the Event (i.e. sponsorship booths) where attendees can scan their Credentials (the “Sponsorship Portal”). In exchange for providing Sponsorship Portal services, Organizer agrees to pay the fees stated in the Sponsorship Activation Appendix (the “Lead Retrieval Service Fee”). Eventbrite will Charge Organizer for the Lead Retrieval Service Fee immediately following the Event. The Sponsorship Portal requires hard line Internet access. Following the Event, Eventbrite will provide Organizer with the data collected from Attendees through the Sponsorship Portal. Organizer agrees to the following terms in connection with Sponsorship Portal services:

1. Organizer is solely responsible for notifying and seeking consent from each Attendee prior to offering the ability to scan the Attendee’s Credential in connection with the Sponsorship Portal. Such notification will include without limitation a description of what information is being collection and how it will be used;

2. In connection with applicable privacy laws, and specifically those pertaining to Attendees protected by the data privacy laws of the European Union, Organizer is the data controller with respect to the Attendees’ personal data received from Eventbrite through the Sponsorship Portal and, as such, Organizer agrees to process such personal data in accordance with its obligations under applicable data protection law. For purposes of the Sponsorship Portal services, Eventbrite is a data processor which means that Eventbrite processes Attendees’ personal data on Organizer’s behalf and are not responsible for ensuring its compliance with the applicable data protection principles; and

3. Organizer agrees to indemnify and hold Eventbrite harmless from any third party claim arising from Eventbrite’s offering of the Sponsorship Portal services.

4.6 RFID Fees. The RFID Activation Fee, the Fulfillment Service Fee, the Cashless Service Fee and the Lead Retrieval Service Fee (collectively, the “RFID Fees”) are exclusive of sales tax. Unless otherwise indicated, the RFID Activation Fee is charged for each unique scanned credential, and pricing recurs per event. Organizer is responsible for collecting and remitting any applicable taxes to the relevant tax authority as stated in the Terms of Service. Organizer acknowledges and agrees that the RFID Fees are promotional fees for the current calendar year and may increase in subsequent calendar years and/or renewal terms of the Agreement. Organizer agrees to adhere to the timeline and project plans as they relate to delivery of the Credentials and Fulfillment as provided by Eventbrite, Fulfillment Provider and Credential Provider. If Organizer fails to meet deadlines and/or is not responsive to project plan requests, Organizer will be obligated to pay any direct costs or penalties resulting from Organizer missing deadlines.

4.7 Tech Rider. Organizer agrees to comply with the technology and infrastructure requirements stated in the RFID Access Control Tech Rider (the “Tech Rider”). Specifically, Organizer agrees to provide Eventbrite with each of the items, technology and services listed in the Tech Rider (the “Tech Rider Requirements”). Organizer agrees that it will provide the Tech Rider Requirements to Eventbrite a minimum of 24 hours prior to the start of the specific Event. If the Tech Rider Requirements are not available to Eventbrite in the quantities and at the locations and times specified by Eventbrite, then Organizer agrees to pay Eventbrite USD $450 (GBP £360) / per hour until Organizer has provided all of the Tech Rider Requirements to Eventbrite. The parties agree that the damages to Eventbrite from failure to provide all the Tech Rider Requirements are difficult or impossible to ascertain and that USD $450 (GBP £360) / per hour is a reasonable approximation of such damages and will be deemed liquidated damages and not a penalty.

4.8 FCC Terms. The RFID Equipment complies with relevant Federal Communications Commission (“FCC”) rules, including emission limits for Class B digital devices pursuant to Part 15. Organizer represents and warrants that Organizer will only use RFID Equipment in compliance with the following FCC terms. Operation of the RFID Equipment is subject to the following two conditions: (1) the RFID Equipment may not cause harmful interference; and (2) the RFID Equipment must accept any interference received, including interference that causes undesired or degraded operations. Part 15 Class B emission limits are designed to provide reasonable protection against harmful interference in a residential installation. The RFID Equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with Eventbrite’s instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. Changes or modifications to the RFID Equipment not expressly approved by Eventbrite for compliance with FCC rules and regulations could void Eventbrite’s authority to operate the RFID Equipment. In addition, unapproved changes or modifications to the RFID Equipment may subject Organizer to FCC enforcement action, including, among other penalties, monetary fines, seizure and/or forfeiture of equipment, and criminal prosecution.

Organizer agrees to defend, indemnify and hold Eventbrite and its affiliates, and each of its and their respective officers, directors, agents, partners, and employees, harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any third party claim that arises out of or results from Organizer’s use of the RFID Equipment in violation of FCC rules. EVENTBRITE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO USE OF THE RFID EQUIPMENT IN VIOLATION OF THE FCC RULES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

5. Onsite Registration Suite

If the Agreement provides for Onsite Registration Suite products and services, the following terms apply:

5.1 Onsite Registration Suite. Eventbrite agrees to provide Organizer access to the Onsite Registration Suite products and/or services specified in the Agreement for the specific Event(s) or duration set forth in the Agreement. In exchange for the Onsite Registration Suite products and/or services, Organizer will pay the fees stated in the Agreement (“Onsite Registration Suite Charges”) (if any). For the avoidance of doubt, if Organizer uses Onsite products and/or services for multiple Events, the Onsite Registration Suite Charges will recur for each event.

“Onsite Registration Suite” means the suite of registration product elements and services detailed below. Certain aspects of of the Onsite Registration Suite products and services may be provided by third party partners, including Entegy Pty Ltd (“Entegy”) and AV1 Pty Ltd (“Sprintr”) (such third party partners are referred to individually as a “Onsite Registration Suite Provider”). The Onsite Registration Suite includes the following available products and services, as may be updated from time to time by Eventbrite or an Onsite Registration Suite Provider:

• Attendance Tracking - Technology to track, monitor, report and manage Consumers attending Events, including multi-session scanning (i.e. entry and special session scanning).

• Attendee Connect - Technology enabling Event attendees to create Consumer profiles in the Event App or Store Listing to: 

  1. facilitate Consumer interaction;

  2. drive engagement through points, gamification and achievements; and

  3. provide content through an activity feed. An Event App is required to utilize Attendee Connect.

• Badge Creator - Create dynamic badge templates that respond to profile data within changeable layouts, colors, icons and designs. Generates PDFs. Available as a standalone product, or included in all products listed herein.

• BadgePrint Hardware - Hardware package includes 2 Surface Pro tablets, 2 scanner guns, & 2 printers.

• BadgePrint Software - Software to be used on BadgePrint Hardware equipment to scan Consumer QR codes and print label badges onsite.

• Branded Portal App - A white label version of the Eventbrite Portal app that displays multiple Event Apps and Store Listings. Within the Branded Portal App, Organizer may list multiple Event Apps to represent specific Events and only one Store Listing fee will apply. The Branded Portal App has its own icon in the Google Play app store and Apple App Store and eliminates the need for Consumers to download the Eventbrite Portal App.

• Event App - Technology and templates enabling Organizer to build an Event-specific app for release through Eventbrite’s event launch portal mobile application (“Eventbrite Portal”), which can, among other functionality: 

1. display schedules;

2. send push messages, feedback forms and page pop-ups;

3. provide live, up-to-date Event information to Event attendees; and

4. provide sponsorship opportunities, details of which are described here. For the sake of clarity, the Event App will be created by Organizer and released as a container app within the Eventbrite Portal app.

• Interactive Sessions - Technology to enable interactive program sessions through live polling, audience question submission, chat room discussions, and the ability to display questions, results or messages from a session. An Event App is required to utilize Interactive Session.

• Kiosk Manager - Technology at the Event entrance / registration area enabling Consumers to generate and print badges. To use Kiosk Manager, Organizer must also order Kiosk Services.

• Kiosk Services - Kiosk hardware package and related services.

• Lead Capture - Scanning technology to deliver Consumer information to sponsors and/or exhibitors

• Store Listing - Standalone, custom-branded mobile application for submission to both Google Play and the Apple App Store under Organizer’s own name and/or account. Eventbrite or third party partners cannot be held responsible for any app that is rejected by Google Play or the Apple App Store.

For the sake of clarity, Onsite Registration Suite Services, including Store Listings, can be activated up to 9 months before the start date of an Event and remain active for three months after an Event concludes. Upon conclusion of an Event, ​content within the Onsite Registration Suite ​cannot ​be ​changed ​(including ​push ​notifications and ​menu ​icons) ​and ​interaction ​with ​content ​can ​no ​longer occur ​(e.g., no ​activity ​feed ​posts, ​no ​messaging, ​no ​interactive ​sessions, no ​track ​or ​capture ​scanning). Additionally, data and reporting will remain active within the Entegy Core until requested to be removed by Organizer. However, the Event App can still be accessed through a valid Container App or Store Listing, including login function, but are “read-only” format. “Entegy Core” means the Entegy Core (CMS) management platform, as may be updated from time to time by Entegy and/or Eventbrite, that syncs with the Eventbrite Platform and enables Organizer to use the Onsite Registration Suite.

5.2 Data Privacy Terms. Organizer hereby consents to Eventbrite’s appointment of each Onsite Registration Suite Provider as a Sub-Processor to Process Personal Data on its behalf in order to provide the products and services requested by Organizer under this Agreement.

If Organizer uses Lead Capture, Attendee Connect and/or Kiosk Services, or any such similar products and/or services provided by an Onsite Registration Suite Provider, Organizer agrees that Organizer is solely responsible for notifying and seeking consent from each Consumer prior to

1. offering the ability to scan a Consumer’s credentials in connection with Lead Capture, or any product or service offering similar capabilities;

2. syncing a Consumer’s ticket to an Onsite Registration Suite Provider’s CMS management platform (specifically including, in the case of Entegy, Entegy Core) in connection with any Consumer profile created in connection with an Onsite Registration Suite Provider’s CMS management platform (specifically including, in the case of Entegy, Attendee Connect); or

3. offering registration services in connection with the Kiosk Services. Such notification will include, without limitation, a description of what information is being collected and how it will be used. In connection with Applicable Data Protection Law, Organizer is the Data Controller with respect to the Consumers’ Personal Data received from Eventbrite through Lead Capture and/or Consumer Connect, or any such similar products and/or services provided by an Onsite Registration Suite Provider, and, as such, Organizer agrees to process such Personal Data in accordance with its obligations under Applicable Data Protection Law.

If Organizer’s sponsor or exhibitor partners use Lead Capture, or any product or service offering similar capabilities, Eventbrite is a Data Processor, which means that Eventbrite processes Consumers’ Personal Data on Organizer’s behalf and Eventbrite is not responsible for ensuring Organizer’s compliance with Applicable Data Protection Law.

5.3 BadgePrint Hardware Terms. Organizer agrees to use the BadgePrint Hardware solely for the specific Event. Organizer is prohibited from

1. reverse engineering, disassembling, decompiling and otherwise attempting to discover the source code or structure of the BadgePrint Hardware (or any software related thereto), and

2. renting, leasing, reselling, distributing or using the BadgePrint Hardware for timesharing, service bureau, or commercial purposes.

It will be the responsibility of Organizer to provide Internet access and hardline power to the extent necessary for the BadgePrint Hardware to function. Organizer shall also be responsible for using the BadgePrint Hardware in a manner that complies with all federal, state and local laws.

Organizer may not use permanent ink to mark the BadgePrint Hardware. The BadgePrint Hardware shall be returned in the same condition as when shipped to or picked up by Organizer, ordinary wear and tear excepted, with all labels or markings used by Organizer removed. Should Organizer fail to return any BadgePrint Hardware in such condition, Organizer shall be obligated to reimburse Eventbrite for its costs to acquire substantially equivalent replacement BadgePrint Hardware and/or Eventbrite may, in its discretion, charge an additional reasonable clean-up fee. In no event will Organizer break the seal and/or remove the cover of any BadgePrint Hardware.

Risk of loss for the BadgePrint Hardware shall pass to Organizer when picked up or deposited for shipping to Organizer, as applicable. Within 1 business day after the end date of the Event, Organizer shall deposit for overnight shipping, at its own risk, the BadgePrint Hardware to Eventbrite at the location from which it was originally shipped or picked up. Risk of loss of the BadgePrint Hardware shall pass back to Eventbrite when the BadgePrint Hardware is delivered to Eventbrite’s business address listed on the applicable return shipping labels provided with the BadgePrint Hardware.

If the BadgePrint Hardware is not deposited for overnight shipping within 1 business day following the Event, a late fee equal to the then current regular rental rate may be charged for each overdue week or part thereof. In the event the BadgePrint Hardware is not returned to Eventbrite within 14 days following the end of the Term, the Hardware shall be deemed to be purchased by Organizer for the then current retail cost thereof, which shall be in addition to and not in lieu of any late fees.

5.4 Invoicing and Prices. Eventbrite will invoice Organizer for the Onsite Registration Suite Services following the Effective Date. Following an Event, if Organizer owes Eventbrite an amount in excess of the invoiced amount (the “Outstanding Balance”), Eventbrite will withhold funds from Organizer’s final ticket sales settlement following the Event in an amount equal to the Outstanding Balance. If Organizer’s Eventbrite account does not have sufficient funds to cover the Outstanding Balance, Eventbrite will invoice Organizer for the Outstanding Balance following the Event. Organizer agrees to pay any invoices hereunder within 30 days of delivery of invoice to Organizer in accordance with the payment instructions listed on the invoice. “Price(s)” mean the cost of the Onsite Registration Suite products and services. All Prices are exclusive of Taxes unless otherwise indicated. The Prices stated in the Agreement apply for a period of 12 months following the Effective Date. Eventbrite reserves the right to modify the Prices, provided that Eventbrite agrees that it will not increase the Prices by more than 10% per calendar year.

6. Onsite Services

If the Agreement provides for Onsite Services in connection with Leased Equipment, RFID Equipment, BadgePrint Hardware or Kiosk Services (together “Equipment”), the following terms apply: Onsite Services are currently offered in the United States, Canada, Brazil, the United Kingdom, the Netherlands, France, Germany, Ireland, Spain, Portugal, Austria, Belgium, Croatia, Australia, New Zealand and Singapore. At the written request of Organizer and subject to the terms below, Eventbrite will provide (directly or through service providers) staff members (“Event Staff”) for technical assistance with Equipment in preparation for and during certain Events (“Onsite Services”). In exchange for the Onsite Services, Organizer will pay the fee stated in the Agreement for each Event Staff per day of the Event (“Onsite Services Charges”) (if any). For the avoidance of doubt, if Organizer requests Onsite Services from Eventbrite for multiple Events, the Onsite Services Charges will recur for each Event. Organizer must make a written request (email being acceptable) to Eventbrite for Onsite Services at least 14 days before the Event. For each Event at which Eventbrite provides Onsite Services, Organizer agrees: Event Staff will only provide technical assistance with Equipment. Organizer will provide all staff necessary for entry management and day-of Event sales (including, for the avoidance of doubt, operation of the Equipment). Event Staff will not accept or handle cash or other forms of payment. Organizer is solely and exclusively responsible for providing adequate security at Events. If at any time Event Staff reasonably believes there is a safety or security risk to Event Staff, any third parties, or the Equipment, Eventbrite may suspend Onsite Services and the Event Staff may leave the Event Organizer will maintain in full force and effect commercial general liability insurance with limits of at least USD 1 million per occurrence and USD 2 million as an annual aggregate (the “Insurance”). The Insurance policies will be written by a licensed insurance company with a Best’s Rating of no less than A- VIII (or comparable rating). Organizer will provide, upon request by Eventbrite, a certificate of insurance evidencing the Insurance. Organizer will list Eventbrite, its employees, service providers and affiliates as additional insureds on the Insurance policy (which status will require 30 days prior written notice to Eventbrite of any cancellation and/or material change to such policy) and will deliver a certificate evidencing such status at least 30 days before the date of the applicable Event. If Onsite Services are provided for an Event and Organizer is leasing Equipment for the Event, Eventbrite staff may, at Organizer’s election, bring the Equipment to the Event. In this instance, the risk of loss of the Equipment will pass to Organizer when the Equipment is checked out to Organizer’s employees, volunteers or other staff and the risk of loss will pass back to Eventbrite when such Equipment is returned to Eventbrite’s staff. In exchange for the Onsite Services, Organizer will pay the fees stated in the Agreement (if any). The prices listed are on a per person, per day basis unless otherwise indicated. Eventbrite reserves the right to modify the quantity of Event Staff and duration of Onsite Services based on the actual need at the Event.

7. Web Presence

If the Agreement provides for Web Presence, the following terms apply: 7.1 Eventbrite will design, build and/or provide the Web Presence product(s) listed in the Agreement, if any, (“Web Presence Product(s)”) for Organizer for Organizer’s Events. Eventbrite will design the Web Presence Product(s) in collaboration and consultation with Organizer. In exchange for the Web Presence Product(s), Organizer agrees to pay Eventbrite the one-time total development fee listed in the Agreement, if any, (“Web Presence Development Fee”). Eventbrite will invoice Organizer for the Web Presence Development Fee following the Effective Date of the Agreement. Organizer agrees to pay the Web Presence Development Fee within 30 days of delivery of invoice to Organizer according to the instructions listed on the invoice. 7.2 Eventbrite will host and maintain the Web Presence Product(s) during the Term (“Web Presence Hosting Services”). Eventbrite will select a service provider to host the Web Presence Product(s) that guarantees an industry standard uptime and offers a commercially reasonable service level agreement but Eventbrite does not make any representation or warranty about the provider’s services. In exchange for the Web Presence Hosting Services, Organizer agrees to pay Eventbrite the licensing fee listed in the Agreement, if any, (“Web Presence Licensing Fee”). Eventbrite will invoice Organizer for the Web Presence Licensing Fee immediately following the Effective Date and on each anniversary of the Effective Date. Organizer agrees to pay the Web Presence Licensing Fee within 30 days of delivery of invoice to Organizer. 7.3 With respect to Web Presence Products that are indicated in the Agreement as being “Branded” or “Communities” products (for example, Branded Community Pages, but excluding WordPress Sites) (“Branded Products”), the parties will collaboration and consult regarding the design of the Branded Product(s) in three phases. Organizer must designate a representative to approve such Branded Product(s) and must provide requested assets before the build starts. For the first two phases, which are build phases, Organizer’s representative will have up to 3 business days from Eventbrite’s request to provide complete feedback. For the third and final phase, Organizer’s representative will cooperate with Eventbrite in final revisions and testing and will have up to 3 business days from Eventbrite’s request to provide approval of the Branded Product(s). If Organizer’s representative does not disapprove in writing within such timeline, such Branded Product(s) will be considered approved. Edits to approved will incur an additional USD $150/hour fee, and Eventbrite may decline requests for edits to approved Branded Product(s). If Organizer’s representative disapproves of the Branded Product(s) within such timeline based on feedback previously provided, Eventbrite and Organizer will discuss reasonable revisions in good faith.

8. Third Party Website Development

If the Agreement provides for the development of a custom website (other than Web Presence Products), the following terms apply: If specified in the Agreement (and excluding any WordPress Sites or other Web Presence Products), Eventbrite will have a custom website designed and built for Organizer (the “Website”). Eventbrite reserves the right to place a reasonable limit on the number of hours of design and development work. Eventbrite may engage a Third Party Provider to design and build the Website (a “Website Developer”). Eventbrite makes no representation or warranty about the Website. In exchange for the Website, Organizer agrees to pay Eventbrite the one-time total development fee listed in the Agreement, if any, (“Website Development Fee”). Eventbrite will invoice Organizer for the Website Development Fee following the Effective Date of the Agreement. Organizer agrees to pay the Website Development Fee within 30 days of delivery of invoice to Organizer according to the instructions listed on the invoice. Upon the mutual agreement of the parties, Eventbrite will provide hosting services for the Website during the Term (the “Website Hosting Services”). Eventbrite will select a service provider to host the Website that guarantees an industry standard uptime and offers a commercially reasonable service level agreement but Eventbrite does not make any representation or warranty about the provider’s services. In exchange for the Website Hosting Services, Organizer agrees to pay Eventbrite the licensing fee listed in the Agreement, if any, (“Website Licensing Fee”). Eventbrite will invoice Organizer for the Website Licensing Fee immediately following the Effective Date and on each anniversary of the Effective Date. Organizer agrees to pay the Website Licensing Fee within 30 days of delivery of invoice to Organizer.

9. Additional Organizations

If the Agreement provides for additional Organizations, as defined below, the following terms apply: An “Organization” is a method of designating a financial entity within a single Eventbrite account. Organizer’s access to the Eventbrite System includes access to a minimum of one Organization owned by Organizer within a single Eventbrite account. During the Term of the Agreement, Organizer orders, and Eventbrite agrees to provide, access to the quantity of additional Organizations stated in the Agreement at the pricing indicated in the Agreement. Eventbrite will invoice Organizer for the total annual price indicated in the Agreement (the “Additional Organizations Fee”) following the Effective Date of the Agreement and, subsequently, following each anniversary of the Effective Date. Organizer agrees to pay the Additional Organizations Fee within 30 days of delivery of invoice to Organizer. Alternatively, Organizer authorizes Eventbrite to deduct the Additional Organizations Fee from Sales payable to Organizer.