PAID EVENT TERMS

 

These Paid Event Terms (“Terms”) are an agreement between you (“you” “your” and “Merchant”) and LinkedIn Corporation (“LinkedIn,” "we," "us," and "our") and shall apply to your use of the Paid Events Services (as defined below), in addition to the LinkedIn Event Terms and User Agreement

1.    DEFINITIONS

 

Applicable Law” means any laws (including common law), codes, statutes, ordinances, rules, regulations, regulatory bulletins or guidance, regulatory examinations or orders, decrees and orders of any governmental authority, as may be amended and in effect from time to time.

 

“Buyer(s)” means a LinkedIn member who purchases a ticket from a Merchant.

 

Network Rules” means the collective by-laws, rules, regulations, operating manuals, operating letters and policies, and cardholder data security standards, as such may be amended from time to time, and established and imposed by a Payment Network.

 

“Paid Event Services” or “Services” means the LinkedIn feature(s) that enables select LinkedIn members (Merchants) to sell tickets to other LinkedIn members (Buyers) to attend certain LinkedIn paid events.

 

Payment Network” means Visa, MasterCard, American Express, Discover or other network with respect to payment cards.

 

“Payment Processing Services” means services related to payment processing, including, but not limited to, card processing and settlement, currency exchange, identity verification, fraud analysis, funds distribution, and regulatory compliance.

 

“Payment Processor” means one or more payment processors that have entered a contractual relationship with LinkedIn (or its affiliates) to offer Payment Processing Services in connection with the Paid Event Services.

 

“Payment Transaction” means the Buyer’s purchase of a ticket from a Merchant using a Payment Processor via Paid Event Services.

 

2.    IMPLEMENTATION OF PAID EVENT SERVICES   

 

a.    Scope of agreement; description of services. These Terms govern your use of the Services. The Services allows you to: (i) register for an account with a Payment Processor; (ii) setup and host a paid event on LinkedIn; and (iii) receive payment for tickets from Buyers via your Payment Processor account.

 

b.   Using Paid Event Services. You may use Paid Event Services to accept payments from Buyers through your designated Payment Processor. You may not use the Services if your business in any way violates Applicable Law, the relevant Network Rules, or falls within one of the business types prohibited by LinkedIn as determined by LinkedIn in its sole discretion. We may suspend, remove, or disable your ability to use the Services for violation of this section at any time without notice, and we will have no liability for such actions. Your Payment Processor may impose additional restrictions.

 

c.    Merchant’s Acknowledgment. You acknowledge and agree that LinkedIn is not a party to any Payment Transaction between you and the Buyer. You acknowledge and agree that your designated Payment Processor is responsible for processing all funds relating to the Payment Transaction and that LinkedIn is not a bank or other depository institution, payment institution, a money transmitter or a money services business and does not offer any banking, money transmission or payment services.

 

d.   Registration & Eligibility. To use the Paid Event Service, you must obtain an appropriate account with a Payment Processor. By accepting this Agreement, you represent that you are at least 18 years old or have reached the age of majority where you live, if that is more than 18 years of age.

 

e.    Changes to Paid Event Services. LinkedIn reserves the right to modify, suspend or discontinue your access to or use of the Services at any time in its sole discretion. LinkedIn also reserves the right to modify, update or suspend any aspect of the Services at any time in its sole discretion.

 

f.     LinkedIn Fees. LinkedIn agrees to waive all fees for Payment Transactions executed prior to December 31, 2021. However, LinkedIn retains the right to impose fees in the future for use of the Service and that there is no limitation to the form those fees may take. LinkedIn agrees to provide at least one (1) month notice to Merchant of any fees. In no case shall Merchant be obligated to continue the Service after LinkedIn begins collecting any type of fee.

 

g.   Payment Processor Fees. LinkedIn agrees to pay fees owed to Payment Processors for Payment Transactions executed prior to December 31, 2021, provided you comply with all Applicable Law, Network Rules, and LinkedIn’s User Agreement. LinkedIn may continue paying these fees after that date but makes no promise to do so. LinkedIn agrees to provide at least one (1) month notice to Merchant of any change in this policy.

 

h.   Taxes. LinkedIn agrees to remit applicable sales tax for Payment Transactions executed prior to December 31, 2021. To be clear, LinkedIn is not agreeing to pay any taxes owed by you, the Merchant, including but not limited to net income taxes, gross receipts taxes, franchise taxes, and property taxes. You remain responsible for ensuring their own compliance with tax laws. Further, you agree to indemnify LinkedIn from any liabilities resulting from any misrepresentation by you, including misrepresentations of tax status, tax residence, or tax information.

 

i.     Fraud prevention. To prevent fraud or illegal transactions, we may limit the use of the Service. You agree that neither LinkedIn nor our affiliates will be liable to you for any action undertaken to prevent fraud. As between LinkedIn and Merchant, Merchant assumes all liability for fraud.

 

3.    MERCHANT OBLIGATIONS

 

a.    Buyer disputes. You are solely responsible for resolving all disputes with Buyers regarding Buyers’ Payment Transactions with you. 

 

b.   Legal compliance. You are subject to and will comply with all Applicable Laws and Network Rules in connection with your use of Paid Event Services, as such laws and rules may exist from time to time. You and your Payment Processor shall be responsible and liable for compliance with all Applicable Laws.

 

4.    THIRD PARTY SERVICES.

 

a.    Payment Processors. LinkedIn has arranged for Payment Processors to provide Merchants who wish to use Paid Events Services with Payment Processing Services. We reserve the right to add or remove support for these third-party Payment Processors at any time at LinkedIn’s sole discretion. LinkedIn merely communicates and transmits information to you and/or to your Payment Processors regarding Payment Transactions. Payment Processors are solely responsible for their Payment Processing Services, including the settlement of Buyer funds to you. You agree and acknowledge that LinkedIn shall have no responsibility or liability for any losses or damages relating to or arising out of a Payment Processor’s services, including but not limited to the receipt or transmission of payments, losses or damages from misdirected or lost payments, breaches of security, chargebacks, fraud, theft of funds, violations of banking, money-laundering, privacy, or any other laws relating to or arising out of the use of such Payment Processor.

 

b.    Data Collection & Use. In Order to provide the Services, both LinkedIn and Payment Processors collect data from you. LinkedIn may share that data with your Payment Processor and vice versa. Information you and/or your Payment Processor provides to us in connection with Paid Event Services is subject to LinkedIn’s Privacy Policy. LinkedIn may disclose your contact information as necessary for LinkedIn to administer this Agreement and provide the Paid Event Services. Data that you provide directly to your Payment Processor, or that your Payment Processor discloses to you, are subject to your service agreement and policies for Payment Processing Services with your Payment Processor. For example, if your Payment Processor is Adyen, you agree to their terms.

 

c.    Violation of Third-Party Agreement. If LinkedIn receives notice that your activity violates your Payment Processor’s service agreement or policies, we may at our sole discretion act against your account to comply with our obligations to such Payment Processor. Such actions may include canceling transactions, disabling your Payment Processor connection, and/or suspending access to or use of a Payment Processor or Paid Event Services.

 

5.    DISCLAIMER, LIMITATION OF LIABILITY, AND DEFENSE OF CLAIMS. See Section 4 of the LinkedIn User Agreement

 

6.    TERMINATION. Both you and LinkedIn may terminate these Terms at any time and for any reason with notice to the other. Your Payment Processor may separately terminate your ability to use their Payment Processing Services, which may affect your use of the Paid Event Services, including cessation of your ability to accept payments for Services or receive settlement funds from your Payment Processor.