By Checking this Box you are confirming that you have read and are agreeing to the terms outlined below:
This Agreement is entered into on the date of consent between Consenting Media Partner and TOR27,Inc (Producer). Media Partner and Producer shall collaborate on the below points with respect to promotion of NUTCRACKER! Magical Christmas Ballet events on the 2025 tour.
Summary of Terms
Media Partner agrees to advertise events on any media outlet selected by Media Partner. Advertisement inventory shall not be guaranteed by Media Partner but shall be committed and run as possible at the discretion of Media Partner. Such advertisements may be referred to as the Campaign for purposes of definition.
Producer shall report to Media Partner all sales attributable to the advertisements run on behalf of NUTCRACKER! Magical Christmas Ballet. Producer shall pay Media Partner an amount equal to 15% of revenue attributable to Media Partner’s advertising Campaign.
Commission
Media Partner shall be entitled to a 15% commission on all sales attributable to the Campaign.
Attribution
Producer shall develop a unique landing page exclusive to media partner.
Ticketmaster Events
Landing pages associated with Ticketmaster events shall be measured for revenue in Google Analytics using UTM parameters in the form of Came From Codes, and API integrations between Ticketmaster and Google.
Promotion and the Campaign
Media Partner agrees to run advertising for the agreed upon events in a quantity and frequency and in publications determined by Media Partner. Media Partner shall advertise a 20% discount on tickets, and shall not advertise any other discount amount unless mutually agreed upon.
Objectionable Content
Producer reserves the right to reject any website or affiliate if we determine, in our sole discretion and following our review of your site, that your site is unsuitable for any reason, including, but not limited to, the inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable.
Indemnification
Producer and Media Partner agree that they shall at all times hold each other harmless from and against any and all claims, liabilities, damages, costs and expenses arising out of the performance of services not enumerated in this Agreement.
User-Generated Content (UGC)
Any photos, videos, social media posts, reviews, testimonials, or other original content created by the Media Partner (or on the Media Partner’s behalf) as part of this Campaign (“UGC”) may be used by the Producer in any marketing or promotional capacity across its platforms and marketing channels. By signing this Agreement, the Media Partner grants TOR27, Inc. a royalty-free, worldwide, irrevocable license to use, reproduce, modify, distribute, publicly display, and perform any such UGC in perpetuity.
In addition, the Media Partner agrees to provide direct access to all UGC created for the Campaign, including but not limited to source files, videos, images, and any related materials, for use by the Producer in its marketing efforts.
The Media Partner affirms that any UGC provided under this Agreement shall not infringe on any third-party rights, including copyrights, trademarks, or rights of publicity. The Media Partner further agrees to indemnify and hold the Producer harmless from any claims or disputes related to the use of such UGC.
Media Partner affirms that any UGC provided under this Agreement shall not infringe on any third-party rights, including copyrights, trademarks, or rights of publicity.
Graphics and Brand Licenses
Media Partner agrees to use only photographs and likenesses furnished by TOR27, Inc. The Media Partner will reproduce, distribute and display appropriately any such materials without revision or modification.
PPC Policy
Media Partner shall not bid on branded keywords that contain any variation of the words NUTCRACKER! Magical Christmas Ballet brand name. Media Partner is prohibited from PPC bidding on any platform using NUTCRACKER! Magical Christmas Ballet trademark and branded keywords: NUTCRACKER! Magical Christmas Ballet. Bidding on such keywords shall be grounds to terminate this Agreement.
Force Majeure and Refunds
Producer shall not be liable to Media Partner if the events are delayed or canceled by Producer for reason of a force majeure including, but not limited to an Act of God, accident, fire, storm, flood, earthquake, blackout, strike or other labor dispute, riot or civil commotion, act of public enemy, enactment, rule of governmental instrumentality, effects of energy use restrictions, failure of technical facilities, failure or delay of transportation or facilities, death, illness, failure to obtain Visas, Covid-19 or pandemic disruptions or any other event beyond TOR27, Inc.’s control that renders NUTCRACKER! Magical Christmas Ballet unable to perform. No commissions shall be due to Media Partner on ticket sales refunded due to force majeure events.
