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    And

    Seller Handbook Version 3.3

    February 2011

    Seller Handbook - February 2011

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    I. NATIONAL ASSOCIATION OF TICKET BROKERS (NATB)II. ACCOUNT CREATION & MAINTENANCE

    A. Creating an Account

    B. Account Maintenance

    C. Intellectual Property

    D. Sellers Allowing Access

    III. SERVICES

    A. SellerAccount Manager

    B. BrokerHotline

    C. Emailing Ticket Evolution

    D. Requesting a New Shipping Label

    IV. LISTING TOOLSA. Manual Upload

    B. Auto-Uploader

    C. Bulk Upload API

    V. SHIPPING GUIDELINES & POLICIES

    A. Failure to Ship

    B. Shipping Methods

    C. Shipping Policies

    D. Last Minute Services

    E. Marketing/Solicitation

    F. Restricted Selling Events

    VI. LISTING POLICIES

    A. Publishing Listings

    B. 3D Venue Maps

    C. Prohibited

    D. Listing Tickets Not In-Hand

    E. Pricing Rules & Guidelines

    F. Phantom Tickets

    G. Speculative Tickets

    H. Masking ofTickets

    VII. FULFILLMENT

    A. Confirming OrdersB. Fulfillment Methods

    C. FedEx Holidays

    D. Delivering the Incorrect Tickets

    E. Invalid Tickets

    F. Substitution Policy

    G. Accountabilities

    VIII. PAYMENTS & CHARGES

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    A. EvoPay Payment

    B. Reconciliation

    IX. CANCELLATIONS

    A. Confirmed Orders

    B. Unconfirmed Orders

    C. CancellationsD. Postponed Events

    E. Fraud

    X. DisclaimerofResponsibility

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    Mission:

    Create a broker owned environment to:

    Provide the broker community the best platform and tools tohandle their business quickly and efficiently.

    Maximize their profitability.

    Generate more opportunities to sell their inventory.

    Create a positive and cost effective experience for fans.

    We will adhere to the highest standards of the NATB and bring the

    best of Technology to the broker Industry Community.

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    I. NATIONAL ASSOCIATION OF TICKET BROKERS (NATB)

    Ticket Evolution requires all Sellers be compliant with NATB regulations and ethical

    practices. Sellers who are not already members of the NATB must show compliance by

    either:

    a. Becoming a member of the NATB; or

    b. Providing 3 NATB member referrals to Ticket Evolution

    CODE OF ETHICSAMENDED: July, 2009

    WHEREAS, the NATIONAL ASSOCIATION OF TICKET BROKERS is a national

    organization representing firms engaged in the reselling of tickets to entertainment and

    sporting events;

    WHEREAS, the NATIONAL ASSOCIATION OF TICKET BROKERS requires its

    Members to maintain the highest level of ethics in the marketplace;

    WHEREAS, the NATIONAL ASSOCIATION OF TICKET BROKERS has adopted a setof standards and procedures that govern the conduct of Members; and

    WHEREAS, the NATIONAL ASSOCIATION OF TICKET BROKERS has memorialized

    those standards in this document.

    IT IS HEREBY AGREED that the following principles are adopted and shall be known as

    the NATIONAL ASSOCIATION OF TICKET BROKERS CODE OF ETHICS.

    EACH MEMBER OF THE NATIONAL ASSOCIATION OF TICKET BROKERS

    (NATB) SHALL:

    1. Maintain regular business hours from a permanent business address, excluding a post

    office box or similar address, within the United States or Canada, at which site the resale

    of tickets will be a principal business activity;

    2. Maintain a business telephone, with a published number, at such location;

    3. Maintain good character and reputation in the community;

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    4. Disclose to the purchaser, prior to purchase, the location of the seats represented by the

    tickets, either orally or by reference to a seating chart; and, if the tickets are not available

    for immediate access to the purchaser, disclose when the tickets will ship or be available

    for pick up;

    5. Not deceive, mislead, misinform or otherwise misrepresent any information related to the

    location of the seats represented; including offering or listing for sale any ticket by exact

    section and row that the member does not have guaranteed assurance of obtaining and

    delivering of that precise section and row unless the customer agrees at the time of sale,

    after full disclosure, that he or she will accept comparable or better seats;

    6. Not alter tickets sold in any detrimental way;

    7. To the best of its ability, ensure the tickets with obstructed or limited view are marked as

    such, and that purchasers are advised of this fact prior to purchase;

    8. Maintain complete and accurate records of all purchases, sales and refunds;

    9. At the time an order is taken, the customer must be informed if the order is not

    guaranteed;

    10. If a ticket is guaranteed, and the ticket is not delivered, the Member shall provide a

    refund equal to 200% of the contracted price for each guaranteed ticket not delivered,

    unless non-delivery is due to causes beyond the reasonable control of the Member

    including a shipping error, natural disaster, Act of God, labor controversy, civil

    disturbance, or armed conflict. If a problem occurs and delivery of an exact ticketlocation becomes impossible, no penalty shall apply if the Member offers the Buyer a

    comparable ticket at the same or lower price as the contracted ticket. In the rare

    instance that a ticket purchased by a Member for a client is later found to have been

    stolen, counterfeited or reported lost by the original purchaser, and the Member

    purchased these tickets in good faith, then the Member shall be responsible only to

    refund the full contracted price;

    11. Maintain a refund, rescheduling and cancellation policy which shall be conspicuously

    posted at each location where the Member does business;

    12. Advise all purchasers of its refund, rescheduling and cancellation policy upon request;

    13. Include, at a minimum, the following conditions in its refund and cancellation policy:

    All deposits for tickets not delivered must be refunded within 30 days of the

    event; and

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    If an event is cancelled, the Member will follow the refund policy of the original

    Seller. This refund may be monetary, a store credit, or a mutually agreed upon

    ticket exchange.

    14. Any refund or other provision set forth herein shall not limit the right of the NATB to

    enforce any other sanction it deems fit;

    15. Conduct business professionally and ethically with customers in compliance with the

    policies set out above;

    16. Act honestly with all other members of the industry, and not deceive, mislead, misinform

    or otherwise misrepresent to another broker information concerning the availability of

    tickets or the location of seats;

    17. Refrain from acting in a manner that is detrimental to the ticket brokerage industry or the

    NATB including the use of automated devices/programs for the purchase of tickets;

    18. Display the logo of the NATB, if permitted, on all forms of advertisements, including

    stationery, business cards, flyers, whether buying or selling tickets; and

    19. Pay all undisputed invoices to fellow brokers in the agreed upon time. If after 30 days

    from the date of the purchase, funds have not been received by the Seller, the total

    amount due must be forwarded to the Seller within five calendar days of written notice

    (Notice Period) either by bank wire or any form of shipping for which a tracking number

    for the package is given. After the Notice Period has elapsed a request via telephone

    and facsimile must be made from the Seller to the Buyer with a copy to the NATB. At

    that time a call will be made and a facsimile will be sent to the Buyer by the NATBserving notification that the outstanding undisputed invoice must be paid within five days.

    If the five day period elapses without payment, the Member who has not paid their

    outstanding invoice will be warned and assessed a $100 penalty payable to the NATB.

    More than one violation in any NATB Membership year and the Member in question will

    be removed from Membership and lose all privileges. If full payment has not been made

    within two months the Member in question will also by removed from Membership. A

    one-year period must elapse before a Member removed for violating this policy can seek

    a new Membership.

    This Code of Ethics for Members of the NATB has been adopted to promote and

    maintain the highest standards of conduct among its Members. Adherence to thestandards cited herein is required for Membership in the NATB and serves to assure

    public confidence in the integrity and service of ticket brokers.

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    II. ACCOUNT CREATION & MAINTENANCE

    A. Creating an AccountSeller Account Managers must be contacted for the creation of a new account. Sellers

    must use the correct API Token assigned to them every time they visit the site.

    Secondary accounts should only be created with the assistance of an Account Manager.

    Doing so will ensure that metrics are reported correctly at the end of the quarter.

    B. Account Maintenance

    Accounts must contain valid and current credit card and bank account information at all

    times. Suspension of activity could follow if this information is not maintained.

    It is the Sellers responsibility to ensure their account information is up to date and valid.

    Failure to do so may result in processing delays, delay of payment, or account closure.

    C. Intellectual Property

    At no time does Ticket Evolution & Events365 relinquish its rights or claims on any and

    all intellectual property including, but not limited to, proprietary technology, logos, and

    slogans. By Ticket Evolution allowing use of its property, the Seller understands that

    they do not, at any time, own rights to said property, nor does the Seller have permission

    to use Ticket Evolutions property (or any variation thereof) for marketing/solicitation

    purposes or for any other purpose other than its original intended use. The Sellerunderstands that even though Ticket Evolution may grant access to technology

    (including software, auto-uploader, website, etc. ), sole technology rights remain with

    Ticket Evolution & Events365.

    In order to ensure proper functionality of Ticket Evolution technology, a Sellers Account

    Manager or Customer Service representative may require access to the Sellers

    computer or server via remote access. Sellers should be willing to temporarily grant

    access to their computer systems should the need for technology maintenance arise.

    D. Sellers Allowing Access

    Listing sellers will NOT allow access to the Exchange to any third party. This Exchange

    will only allow approved Sellers who are provided a confidential password access.

    Allowing a sports team media representative or purchaser of tickets access into the

    Exchange can result in legal action taken against the listing broker, notification to all

    other brokers and a lifetime removal from the Exchange.

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    III. SERVICES

    A. Seller Account Manager

    Sellers have access to a Seller Account Manager. Account Managers assist with the

    day-to-day operations of accounts, communicate and communicate critical information

    related to Sellers Ticket Evolution accounts. Sellers should contact their Account

    Manager about the following:

    Assistance in creating an account

    Technology related questions

    Assistance with mapping or adding an Event

    Payment questions Escalations or questions regarding transactions

    B. Broker Hotline

    1-877-688-8822

    Ticket Evolutions Broker Hotline is a priority Customer Service line reserved exclusively

    for Sellers. It is staffed by specially-trained Customer Service Representatives. The

    Broker Hotline is available during normal Customer Service hours, including early

    mornings, nights, and weekends.

    Use this line when:

    Providing substitution tickets

    Website error prevents the confirmation of an order

    Air-bill assistance is needed

    ForTECHNICAL SUPPORT issues related to the website, Exchange, POS, or Auto-

    Uploader, call:

    201-499-0833 ext. 2

    C. Emailing Ticket Evolution

    [email protected]

    For issues where immediate assistance is not required, we strongly encourage that an

    inquiry be submitted to [email protected]. Our email team is

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    equipped to assist you in any matter, so please do not hesitate to use it. When sending

    an email, expect a response within one business day.

    D. Requesting a New Shipping Label

    If a new shipping label is needed, a request can be sent directly to [email protected]. Note:

    In the email subject line, enter the Events365 order number and air-bill

    In the email body, enter the event name and date

    This email channel should only be used to request an air-bill when the existing air-bill is

    no longer sufficient or if the event is more than two weeks away. For example:

    When the Seller has a two-day label that needs to be changed to an Overnight

    label

    When the Buyer requests a change of address and the Seller is waiting for a new

    air-bill from Customer Service.

    Circumstances preventing the Seller from using the originally generated air-bill

    If a new label is needed due to the Seller shipping beyond the In-Hand Date, additional

    fees may apply (See Accountabilities section VII.G ).

    Please do not use this email address for other Customer Service issues. At this time,

    we will respond to your email within 24 hours. If the event is less than two weeks away,

    or the issue is urgent, contact either Customer Service or your Account Manager

    directly.

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    IV. LISTING TOOLS

    A. Manual Upload

    B. Auto-Uploader

    C. Bulk Upload API

    ForTECHNICAL SUPPORT issues related to the website, Exchange, POS, or Auto-Uploader, call:

    201-499-0833 ext. 2

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    V. SHIPPING GUIDELINES & POLICIES

    A. Failure to Ship

    Events365 ensures proper delivery and protects all Buyers from unapproved substitutes,

    downgrades, Spec locations, split seats, and unapproved alternative delivery methods.

    If a Seller is unable to ship an order to the exact location listed on the purchase order, or

    to an approved replacement location, Ticket Evolution & Events365 will fill the order

    using all available options to ensure customer satisfaction. Sellers should never ship to

    a location other than that which is shown on the purchase order.

    Always double-check the order before shipping the tickets. If a Seller ships the wrong

    tickets and is unable to correct the mistake, or if there is insufficient time to correct amistake, the Seller will be responsible for all costs incurred to correct the error. This

    may include, but is not limited to, the cost of replacement tickets, additional shipping

    cost, and any store credit offered to the Buyer by Events365. Events365 will make every

    effort to return the incorrect tickets to the Seller but cannot make any guarantees. Any

    incorrect tickets and their cost, including the cost of shipping to and from the client and

    any cost to Events 365 to fill an order from any other source, will be the Selling brokers

    responsibility. To ensure on-time payment, Sellers should always use the FedEx air-bill

    provided for the order. If the tickets are shipped late, Events365 reserves the right to

    review the order and delay and/or stop payment.

    B. Shipping Methods

    FedEx is the primary shipping method used by Ticket Evolution & Events365. Once an

    order is confirmed, Sellers will be able to print a pre-paid air-bill that must be used to

    fulfill the order. If the initial air-bill cannot be used/printed/accessed, immediately contact

    Events365 so that we can forward another air-bill.

    All tickets must ship; Events365 does not accept any specialized delivery methods such

    as paperless, flash seats, will call, local pickup, or meet & greets unless approved

    PRIOR to the confirmation of the order. Events365 reserves the right to cancel an orderif the tickets cannot be shipped. Replacement tickets and all additional costs incurred

    may be charged to the Seller.

    Emailing tickets is an approved delivery method. TicketFasttickets can be shipped or

    emailed. When the tickets need to be emailed, the PO will clearly state where to email

    the tickets; please include Order number and/or PO number. The external note section

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    can be used to highlight tickets that can be emailed; this information may help sell your

    tickets.

    C. Shipping Policies

    Tickets should be placed in a plain white envelope with no receipt (see

    Marketing/Solicitation section V.E ). Only ship the exact tickets detailed on the purchase

    order. Seat changes or upgrades will not be accepted without prior approval and will be

    subject to return or price adjustment. Use the accompanying air-bill and make certain

    that the customers name and address match the information on the purchase order.

    Failure to adhere to these guidelines may subject this order to delay of payment or non-

    payment.

    Expected ship dates should be as accurate as possible. In the event that the expected

    ship date changes, it is the Sellers responsibility to inform Events365 of the change so

    the Buyer can be notified.

    Tickets should not be marked as In-Hand when they are not physically in-hand and

    ready to ship (See Accountabilities section VII.G ).

    D. Last Minute Services

    Routines and procedures for Last Minute Services will be determined on a future date

    and conveyed to Sellers in an updated version of the Sellers Handbook.

    E. Marketing/Solicitation

    Under no circumstances should a Seller send any type of solicitation, advertisement, or

    other marketing materials to any customer who bought from Events365 and/or its

    affiliates, whether within the FedEx package or separately. This rule also applies to

    contacting customers directly. Violation of this policy will result in the immediate

    termination of a Sellers account.

    F. Restricted Selling Events

    Restricted Selling Events are events where Sellers must first obtain permission from

    their Account Manager to list tickets. Permissions will be based on terms for that

    particular event.

    Events include, but are not limited to, Summer & Winter Olympics, Masters, World Cup

    and other Major Events.

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    VI. LISTING POLICIES

    A. Publishing Listings

    Ticket Evolution makes every effort to maintain dependability and accuracy while

    minimizing Buyer confusion. To assist Ticket Evolution in this endeavor we require

    Sellers to adhere to the following listing requirements. Ticket Evolution reserves the

    right to withhold payment for tickets sold if gross misrepresentations are found.

    Publishing the Text Exactly as is on the Ticket

    In order to manage time more efficiently and minimize avoidable customer serviceissues for both Ticket Evolution and Sellers, Ticket Evolution requires Sellers only to

    enter what is written on the ticket into the appropriate fields on the Exchange. Ticket

    Evolution reserves the right to remove from the site any listings deemed to be unclear,

    confusing or deceptive. Orders with unclear, confusing or deceptive descriptions of the

    seats are subject to cancellation or substitution.

    Section and Row Locations

    Ticket Evolution does permit Sellers to list a different row on the site than what is printed

    on the ticket. Ticket Evolution allows Sellers to provide comparable tickets from the

    actual location of the original tickets. If the tickets are not comparable, or are located in

    a different section, the Seller must call Ticket Evolution Customer Service, provide the

    alternative ticket information, and obtain approval before confirming the order. The

    Buyer and/or Ticket Evolution reserve the right to refuse the alternative tickets. Ticket

    Evolution also reserves the right to decide what an acceptable upgrade is.

    Tickets with Locations that Require Specific Notification or Special Circumstance

    Tickets

    Some tickets that Sellers intend on listing do require specific notifications in the

    comments field in order to make the Buyer well aware of what they are purchasing. Themore notations that are placed in the field the more protection the Seller will have if and

    when an order takes place. Circumstances that need specific notifications include:

    Wheelchair, Limited, Obstructed, & Restricted Views

    Wheelchair, obstructed, limited, or restricted view tickets must be indicated as such in

    the comments field with the exact wording printed on the ticket itself. Sellers should not

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    qualify the description with phrases such as Limited View, but still good seats or

    Obstructed View, pole only slightly in the way. Furthermore, Full View cannot be

    used as a description in the comments field as it implies that any tickets without such a

    description are not full view. Acceptable notes/comment entries:

    Wheelchair (not WC) Limited View (not LV)

    Obstructed View (not OV)

    Restricted View (not RV)

    Theater Tickets

    Theater tickets must have accurate location information since seat numbers are

    generally not published on the site. For example:

    ORCH LEFT

    MEZZ RIGHT

    Age Restrictions

    Any age restrictions printed on a ticket must be disclosed.

    Aisle Seats

    Aisle seats should be designated as such in the comments field. Tickets can only be

    listed as Aisle Seats if the tickets are a single or pair.

    Publishing Location of Rows

    Sellers must use a valid row letter, number or equivalent for Buyers. An asterisk (*) or

    any other symbol that does not designate a specific row will not be acceptable and

    Ticket Evolution will block that listing from being posted.

    B. 3D Venue Maps

    When available, Ticket Evolution will use 3D Venue Maps. 3D Maps allow Sellers to

    view available tickets by simply selecting a section of the map to review which seats are

    available in that section. Sellers will also be able to see a 3D rendering of a specific

    seats viewpoint.

    C. Prohibited

    Youth Tickets are Not Permitted

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    Listing Youth Tickets is prohibited. Posting these tickets will have a high likelihood of the

    order getting cancelled.

    Listings Where Access to the Event is Not Permitted (Non-Event Ticket Items)

    Non-Event Ticket Items are listings that include an event, product, or service where anadditional ticket is needed to gain entry into the main event. Common Non-Event Ticket

    Items include:

    Stadium Club

    Restaurant Club

    Victory Club

    Parking Passes

    Pit Passes

    These and similar listings should not be posted. Posting these tickets will have a high

    likelihood of the order getting cancelled. If a Seller uses a POS system that allows

    these types of listings to be blocked, they should do so.

    Parking Passes for an event will be listed separately.

    Ticket Evolution understands that Sellers may be listing these tickets with other

    websites, so Ticket Evolution will attempt to block or deactivate them on our Exchange.

    If these listings do in fact make it onto Ticket Evolution, the Seller should have correct

    messaging in the notes section of the listing clearly stating that the passes are Non-

    Event Tickets.

    In the event that a Seller receives an order for a non-event pass, they are required to call

    the Broker Hotline or their Account Manager. If the Buyer intended to buy the pass, the

    Seller will be able to confirm and fulfill the order.

    Comments or Notes Not Allowed

    Notes must be clear and concise. The use of excessive exclamation points or capital

    letters should be avoided. Subjective terms and phrases such as great deal or best

    seats in the notes are also prohibited. Any notations in listings that are deemed

    confusing to the Buyer, any soliciting information of any kind, or any other information

    deemed inappropriate for the website are not permitted.

    D. Listing Tickets Not In-Hand

    Ticket Evolution does allow Sellers to post tickets that are not in their physical

    possession, provided that they are under contract for the listed tickets.

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    E. Pricing Rules & Guidelines

    Pricing tickets is the sole responsibility of and at the sole discretion of the Seller, in

    accordance with local and state laws. It is the Sellers responsibility to be aware of theselaws and abide by them when posting tickets on Ticket Evolution.

    Price Discrepancies

    Technology may result in a delay and prevent inventory from posting in real time. In

    order for pricing on Ticket Evolution to be accurate, Sellers should upload their current

    inventory as often as necessary. Sellers should also make sure that all prices are

    accurate prior to uploading their inventory file to Ticket Evolution. It is the Sellers

    responsibility to monitor and maintain the accuracy of their inventory once it is on the

    site.

    Under no circumstance may Sellers deny orders at one price then repost the same set of

    tickets for a higher price. If the Seller attempts to sell the same ticket at a higher price

    on Ticket Evolution, Ticket Evolution reserves the right to deactivate the Sellers

    account.

    F. Phantom Tickets

    Ticket Evolution will not allow posting of phantom tickets.

    Ticket Evolution does not permit or condone the practice of listing phantom tickets for

    sale on the site. Phantom Tickets are tickets not owned by listing Seller and in all casesdo not exist. This type of ticket posting is placed to generate an order for the posting

    Broker. That posting devalues the real inventory and only results in diluting and creating

    a false value in the existing marketplace. They also, in many cases, create orders for

    tickets that are found to be unavailable and result in cancelled orders.

    Exact seat locations must be known before tickets can be listed. Speculative and vague

    seat locations such as TBD in either the section or row description may be removed

    from the site at any time without prior notification. Ticket Evolution monitors the site for

    ticket listings that violate this policy and if a Seller is found to consistently violate the

    terms of this policy, Ticket Evolution reserves the right to suspend selling privileges

    indefinitely.

    G. Speculative Tickets

    Currently Speculative tickets are not allowed on the exchange however, this may change

    in the future with additional guidelines, rules, and guaranties.

    H. Masking of Tickets

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    In some cases ticket locations can be masked to keep their precise locations from being

    known, as many teams will cancel and remove the tickets if they are known to be in the

    secondary market.

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    VII. FULFILLMENT

    A. Confirming Orders

    When tickets sell, Sellers will be sent:

    An email with a link to confirm that order

    An alert via EvoChat to their account

    Sellers are guaranteed the right to all sales, provided they confirm the order within 48

    hours. Orders not confirmed within 48 hours are subject to cancellation. The 48 hour

    window includes weekends and holidays. Sellers are always responsible for confirmingtheir own orders.

    Ticket Evolution & Events365 reserves the right to cancel all orders, confirmed or not, in

    the case of Buyer fraud (See Fraud section).

    B. Fulfillment Methods

    Listings are assigned a fulfillment method at the time of being published to the site (See

    Listing Policies section). Upon sale, the confirmation page will indicate the method of

    fulfillment. Sellers must fulfill the order by the specified method. Exceptions to the

    fulfillment method can result in a cancellation of the order and/or additional fees to

    satisfy the Buyer.

    Fulfillment methods include:

    FedEx

    PDF Electronic Delivery PDF upload

    MLB Electronic Delivery

    MLB Instant Electronic Delivery

    Will Call

    The Seller must clearly indicate Will Call delivery to the buyer and in any relevant notes

    sections. All tickets must be at Will Call no later than one (1) full hour before the

    scheduled time of the event.

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    C. FedEx Holidays

    Sellers are responsible for being aware of which days FedEx does not ship. Ticket

    Evolution will do its best to share this information with Sellers. Cut off times are subject

    to change for FedEx orders as well.

    Confirming an Order as Tickets Not In-Hand

    When confirming an order for tickets not In-Hand, Sellers should choose the option that

    allows them to specify a date that tickets will be In-Hand. This allows the Seller to

    choose which date they will be able to fulfill the order. This is the date that Ticket

    Evolution will either generate a prepaid FedEx air-bill or prompt the Seller to complete

    electronic delivery. The system will send emails to the Seller to remind them that the

    confirmed order is ready to be fulfilled.

    A Seller should make use of this tool and be as conservative as possible when choosing

    the fulfillment date. This is the date the Buyer expects fulfillment to begin.

    Once the order is confirmed, the Buyer cannot back out of the order.

    Orders that are fulfilled after the specified In-Hand Date are subject to cancellation or

    could result in a discount to the Buyer at the Sellers expense. Additional fees may

    apply.

    As described under Accountabilities, Sellers are not permitted to substitute confirmed

    tickets not In-Hand order unless clearly allowed by Ticket Evolution Management

    Sellers will receive emails for all FedEx orders more than 24 hours overdue to be

    scanned into FedEx.

    Ticket Evolution reserves the right to change In-Hand Dates at any time.

    Requesting a New Shipping Label

    If a new shipping label is needed, a Seller should contact Ticket Evolution. For more

    information, see Services section.

    D. Delivering the Incorrect Tickets

    Shipping the incorrect set of tickets creates a negative experience for both Buyers and

    Sellers. In the event incorrect tickets are shipped, proper measures include:

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    If incorrect tickets have been shipped, but have not reached the Buyer, Seller

    should contact the Ticket Evolution Customer Care in order to research the order

    and, if possible, stop the shipment.

    If incorrect tickets have been delivered to the Buyer, Seller is responsible for

    immediately shipping the correct set of tickets to the Buyer using the air-billprovided to them by Ticket Evolution. A return air-bill will be provided to the

    Buyer by Ticket Evolution in order to ship the incorrect set of tickets back to the

    Seller. The Seller will be responsible for any and all cost associated with

    correcting delivery of incorrect tickets.

    Insufficient time to correct an order: If incorrect tickets are shipped and arrive to

    the Buyer at such time that it is too late to correct the error, the Buyer retains the

    right to cancel the order. The Seller will be responsible for any and all cost

    associated with refunding the Buyer in full.

    Events 365 will take all possible action to provide the Buyer with correct tickets. Ticket

    Evolution reserves the right to charge the Seller for any air-bills used in rectifying the

    situation as well as any incentives given to the Buyer for their inconvenience. Seller will

    also be responsible for all cost incurred by Events 365 in trying to correctly fulfill the

    order.

    Additional fees may also apply as described under Accountabilities. Seller is required to

    send the Buyer the correct tickets before they can expect the incorrectly shipped tickets

    to be returned.

    E. Invalid Tickets

    If tickets are invalid or fraudulent, Sellers are responsible for all charges incurred to

    satisfy the Buyer under the terms of Ticket Evolution and the NATB. These charges

    may include, but are not limited to, cost of replacement tickets, discounts, gift

    certificates, reprinting fees, all associated FedEx charges, and refunds to the Buyer.

    (See Accountabilities section VII.G ).

    Ticket Evolution takes claims of invalid tickets very seriously. If a Buyer claims that

    tickets were not valid for entry into the event, the claim will be fully investigated by Ticket

    Evolution and may be reviewed by the Ticket Evolution Board of Directors. The Seller

    will be contacted and provided with the opportunity to provide documentation or other

    information supporting the validity of the tickets. If the Seller is determined to be at fault,

    they will be charged Buyer compensation and may be responsible for extra replacement

    costs, discounts, or coupons provided to the Buyer. Ticket Evolution does not tolerate

    the selling of invalid/fraudulent tickets and reserves the right to immediately deactivate

    and/or suspend any Seller found guilty of such a practice indefinitely. Ticket Evolution

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    will not allow posting of phantom tickets. Phantom Tickets are tickets not owned by

    listing Seller and put on an exchange to try to generate orders.

    F. Substitution Policy

    Any instance where the tickets purchased by the Buyer are not the tickets represented

    by the Seller is classified as a substitution. Ticket Evolution expects that Sellers provide

    the tickets as represented and sold on the Ticket Evolution site.

    Substitution Circumstances for Unconfirmed Orders

    Sellers are expected to produce all tickets exactly as purchased by Buyer. The nature of

    the secondary ticket market allows for the fact that inventory may not be updated in real

    time and substitutions will occasionally be necessary to complete an unconfirmed

    transaction.

    Substituting with Tickets Not in Sellers Inventory: If orders cannot be filled through

    the original Sellers inventory, Sellers should secure additional inventory to complete the

    transaction.

    Unable to Substitute: If the Seller does not notify or assist Ticket Evolution in finding

    alternate tickets, the Seller will receive a Dropped Order.

    Substituting Ticket Evolution Unconfirmed Orders

    If the Seller does not have tickets listed on the site as advertised, Ticket Evolutionexpects that every effort will be made by the Seller to offer comparable or better seating

    at the same price as the original listing. When a substitute (sub) is necessary, Ticket

    Evolution determines what a comparable or preferred location is.

    Subs Offered to Buyer: Subs must be offered at the same price as the original

    transaction with comparable locations in order to successfully close the transaction.

    Ticket Evolution will not convince or up-sell the Buyer in order to have them accept ticket

    substitutions. In order to ensure the highest close rates on all transactions, Sellers are

    required to offer obvious upgrades with no additional cost to the Buyer. Buyers have the

    option to cancel the transaction for any reason if a substitution is necessary. If a Seller

    offers subs that are rejected by the Buyer, the order will count against the Seller as a

    drop.

    Indicating the offer of Subs: If the Seller has subs it is best to indicate this on the website

    during the confirmation flow. This will ensure that the order gets prompt attention.

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    Policy Against Shopping Around Orders: Ticket Evolution does not shop around orders.

    With every order, Ticket Evolution allows the original Seller ample time to complete the

    transaction with the original Sellers tickets. However, the proximity of the event will be a

    factor in resolving an order.

    Time Lapse on Held Subs for Unconfirmed

    Ticket Evolution has instituted the following time-lapse policies for orders requiring subs:

    For Events More Than a Week Out: If the substitution is coming from the

    original Sellers inventory and the event is more than a week out, Sellers should allow at

    least two business days from point of offer to release to the general public.

    For Events Less Than a Week Out: If the substitution is coming from the

    original Sellers inventory and the event is less than one week out, Sellers should allow

    until the end of the business day before releasing to the general public.

    When Subbing with another Sellers Inventory: Sellers may need to purchase or hold

    tickets with another Seller in order to remedy the problem transaction.

    Events365 requires ample time in order to reach the Buyer, so this should be taken into

    consideration when attempting to locate subs. Sellers should let Events365 know that

    tickets may be coming from another Seller.

    Substitution Circumstances for Confirmed Orders

    If Seller confirms a transaction and cannot or does not produce the tickets, the originalSeller is financially liable for all costs associated with the replacement.

    Event365s policy covers all confirmed orders. In addition, Events365 will exhaust every

    available ticket resource as needed to gain the Buyer entrance to the event. The cost of

    comparable replacement tickets and all relevant and necessary cost to correct the

    situation will be charged to the original Seller, even if replacement tickets are more

    expensive than the amount paid by the Buyer for the tickets for which Ticket Evolution is

    securing a sub.

    When Substituting for Confirmed Orders

    All substitutions offered by the original Seller for a confirmed transaction will need to be

    comparable or an obvious upgrade in order to complete the transaction at the same

    cost.

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    All substitution offerings must meet Buyer approval and will not be complete without

    Buyer approval. Events365 will ask the Seller to fix any issues with a confirmed

    transaction with the goal of fully satisfying the Buyer. The Seller may:

    For events that take place more than seven (7) days away, Events365 will allow

    Sellers 48 hours to offer identical or preferable location tickets in order tosuccessfully complete a confirmed transaction. The 48-hour window begins

    upon discovery a substitution is necessary to complete the confirmed transaction.

    If the 48-hour timeframe expires and the original Seller has not successfully

    completed the sale, Events365 will take all steps necessary to complete the

    transaction. Events365 will charge the Seller the difference between the original

    ticket cost and the substituted transactions new ticket cost and all other relevant

    and necessary cost to correct the error.

    24 Hour Rule Substituting Confirmed, Non-LMS Orders when the Event is

    Less than seven (7) days away: For events that take place in less than a week,

    but more than 24 hours, Events365 will provide Sellers 24 hours to offer identical

    or more desirable location substitutions in order to successfully complete the

    confirmed transaction. The 24-hour timeframe begins upon discovery a

    substitution is necessary to complete the confirmed transaction. If the 24-hour

    period expires and the original Seller has not successfully completed the sale,

    Events365 will take steps necessary to complete the transaction with the original

    Seller. Events365 will charge the Seller the difference between the original ticket

    cost and the cost of the substituted ticket and all other relevant and necessary

    cost to correct the situation.

    Instant Rule - Substituting Orders when the Event is fewer than 24 Hours Away:For all confirmed, orders dropped less than 24 hours before the event,

    Events365 reserves the right to immediately fill the order without any notification

    to the Seller and charge the Seller for all costs associated with replacements.

    G. Accountabilities

    To ensure customer satisfaction while continuing to meet Ticket Evolutions &

    Event365s standards of excellence, it is necessary to embed provisions of

    accountability that help curb the expenses incurred when proper fulfillment procedures

    are not followed. These provisions will affect all Sellers who routinely participate in

    costly or irresponsible behaviors that require significant resources to resolve, effect our

    ability to deliver superior customer service, or take part in any action requiring more

    than reasonable time or effort from Events365.

    The Delivery of Listed Tickets: For confirmed orders, Sellers are required to satisfy

    orders with tickets in either a.) the same section and row, or b.) within a comparable

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    section, and of same or better quality as indicated in their listing, unless Events365

    intervenes prior to the order confirmation.

    Accountability:

    $20 fee per order delivered that does not meet the above criteria

    Any expense required to satisfy the Buyer and fulfill the order

    Shipping on Time

    Tickets are expected to be In-Hand by stated dates. Buyers rely on Sellers to meet

    these expectations. When dates are not met, Events365 sustains substantial

    incremental costs. Upon confirming an order, the Seller is required to provide an In-

    Hand date that is accurate and in good faith. Sellers may wish to be more conservative

    when setting the In-Hand Date.

    Ticket Evolution understands that In-Hand Dates may change. If this happens, Sellers

    are required to contact the Broker Hotline or their Account Manager before the deadline

    passes.

    Sellers will not incur a penalty if they contact Ticket Evolution prior to the In-Hand Date.

    If the date is not communicated and the Seller has not shipped the tickets by the In-

    Hand Date, they may be charged a $20 penalty per ticket. Ticket Evolution reserves the

    right to substitute the order at any time.

    Sellers are not to confirm an order for tickets as "In-Hand" if their tickets are, in fact, "not

    In-Hand. " Doing so will result in a penalty fee since the In-Hand Date will obviously be

    missed.

    Accountability:

    $20 fee per order that is shipped late*

    Ticket Evolution may substitute the order automatically

    Seller will incur any expenses required to satisfy the Buyer and fulfill the order

    Possible account suspension

    Behaving legally, decently, and professionally

    A successful, thriving marketplace, no matter how hectic, should always be civilized. We

    promise to treat customers with decency and respect and we expect the same from allBuyers and Sellers.

    Accountability:

    Permanent deactivation of Ticket Evolution account.

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    * The $20 fee applies for every instance. If tickets are shipped beyond the In-Hand Date

    and the tickets are incorrect, there will be two separate $20 fees. Any other charges to

    fulfill the order and satisfy the Buyer, including but not limited to replacement costs and

    return air-bills, may also apply.

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    VIII. PAYMENTS & CHARGES

    Payment to Seller (PTS) is the amount due to Seller for tickets sold. Amount due to the

    Seller is the ticket price adjusted for any fees incurred including adjustments for delivery

    or order fulfillment. This may also include ticket replacement costs and return air-bills.

    Sellers are due payment in full and on-time when terms and conditions of delivery and

    fulfillment are met. Sellers will be paid via their EvoPay account or by check.

    Ticket Evolution & Events365 reserves the right to review and withhold payments if there

    are complications with an order or if there are outstanding payments due to Ticket

    Evolution for other transactions.

    A. EvoPay Payment

    EvoPay allows payment to be processes through an ACH (Clearing House) and will be

    the preferred method of transaction between Sellers.

    B. Reconciliation

    In the event Seller feels payment is incorrect and feels Ticket Evolution owes them

    additional payments or an amount is in dispute, Seller should contact Ticket Evolution

    customer care at 972-468-9750 or via email at jpalma@TicketEvolution. com. (or their

    Account Manager).

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    IX. CANCELLATIONS

    A. Confirmed Orders

    The Ticket Evolution & Events365 User Agreement states that all confirmed orders are

    contractually binding between Seller and Buyer. When the credit card of the Buyer is

    charged upon confirmation of an order by Events365, the Seller confirmation indicates

    the Seller has the exact tickets purchased by the Buyer for the event. Events365 offers

    the Buyer a 100% guarantee upon confirmation of any sale.

    Seller ResponsibilitiesSeller must fill all confirmed orders with the exact set of tickets as purchased with no

    exceptions. Seller should not confirm any order for which they do not have exact

    inventory or for which there may be a problem for Seller to procure and deliver exact

    tickets. All confirmed orders will only be cancelled with Buyer approval and Buyer will

    receive a full refund from Seller. Seller will not, under any circumstances, be allowed to

    substitute any confirmed orders unless fully documented by Seller and agreed to by

    Buyer.

    If order is confirmed by Seller and Seller is unable to fulfill the order, the Buyer may opt

    for replacement or cancellation with full refund. Events365 may cancel or fill the order

    with other tickets. Under all cases, Seller will be responsible for all costs associated to

    ensure complete Buyer satisfaction with the order including providing higher priced

    tickets for the event.

    Seller Confirms but does not Deliver Exact Seats

    Events365 will adhere to NATB Guidelines by doing everything possible to ensure the

    Buyer receives the exact tickets or agrees to a suitable replacement, even at a higher

    price. If Seller fails to deliver the exact tickets as originally ordered and cannot help

    Events365 locate suitable substitutions, Events365 will charge the Seller for the cost of

    the replacement tickets. Additional fees including all costs to rectify the situation,

    outlined in Section VII, may also apply. Additionally, Seller may be charged for tickets ifan incorrect price is quoted, orders are confirmed with incorrect pricing, Seller does not

    disclose ticket information such as limited or obstructed view, incorrect mapping, or

    seats do not meet stated requirements for handicapped or special needs.

    When Seller fulfills the Buyer order with the correct tickets as listed, and tickets are

    confirmed delivered on-time per Fed Ex tracking, Seller will be paid.

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    B. Unconfirmed Orders

    Confirm: Sellers are responsible for confirming orders within 24 business hours or within

    48 hours on weekends, assuming there are no problems. Events365 will provide

    incentive to confirm all orders within 24 hours.

    Failure to Confirm: If Seller does not confirm the sale or contact Ticket Evolution within

    one day, Ticket Evolution may inquire about the order status. If Seller does not contact

    Events365 customer service to confirm within 2 days after the order, Events365 will

    allow the Buyer to accept substitute tickets from another Seller or cancel the order.

    Pending Orders: The Seller will take responsibility to make sure that all pending orders

    are cleared.

    If the Seller is unable to fulfill the order with the tickets listed, they are required to call

    Ticket Evolution Customer Care so Buyer may be notified. Events365, at their

    discretion, will attempt to fill the order from other sources or cancel the order.

    If the Seller does not confirm or contact customer service within 48 hours from the time

    the order is placed, Events365 at their discretion, will attempt to fill the order from other

    sources or cancel the order.

    If the listing was published with incomplete or inaccurate information, Events365 at their

    discretion, will attempt to fill the order from other sources, in some manner resolve the

    situation with the Buyer or cancel the order.

    All cancellations will be made by Ticket Evolution & Events365 Customer Care only andnot by the Seller.

    C. Cancellations

    An event is cancelled when Ticket Evolution determines there is no reschedule date for

    the event or the event is not necessary due to a series completion.

    Cancelled Event Refund Policy

    Ticket Evolution & Events365 will review and determine which events will be refunded.

    Ticket Evolution & Events365 will refund Buyers for cancelled events upon receipt of

    tickets within thirty (30) days. If a Seller has already received payment for a

    cancelled/contingent event, Ticket Evolution & Events365 reserves the right to charge

    the Sellers EvoPay account or other payment method for the payment amount in order

    to retrieve the funds already paid to the Seller. If the Seller fails to allow Ticket Evolution

    & Events365 to retrieve the funds, Ticket Evolution & Events365 reserves the right to

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    suspend all selling permissions, or withhold future payments, until the matter has been

    resolved.

    When an event is designated as cancelled, an email will be sent to the Seller. Unless

    otherwise stated, all hard tickets for cancelled events will be returned to the Seller within

    forty-five (45) days of Ticket Evolution designating the event as cancelled. If TicketEvolution does not meet this timeline to return the tickets, the Seller will be paid face

    value.

    If the Seller requires tickets back earlier, the burden of proof is on them, documented in

    writing from the point of purchase. This request will need to be approved by the Sellers

    Account Manager.

    All hard tickets will be returned via first class mail. Alternate arrangements for the return

    of hard tickets will need to be made with a Sellers Account Manager. The Seller may be

    asked to pay for the return of tickets by alternate methods.

    Electronic Tickets

    If the tickets delivered were originally electronic tickets of any type, printed out and

    delivered via FedEx or Last Minute Services, or delivered electronically, it will be

    assumed that the Seller has retained their original electronic file and does not need

    printed copies returned to them.

    If the Seller requires these tickets to be returned, they should contact their Ticket

    Evolution Customer Care as soon as possible. Ticket Evolution & Events365 cannot

    guarantee the return of electronic tickets.

    Unsold tickets left with Last Minute Services

    Sellers are responsible for requesting tickets back directly from the local Last Minute

    Services office.

    D. Postponed Events

    Postponed events are defined as any event where the time and/or date have changed

    due to a rescheduling by the team, venue or artist.

    If the venue honors current issued/sold tickets, no action is necessary.

    If the venue requires new tickets for the event to be printed, Sellers are expected to

    contact Events365 customer care or their Account Manager for a new FedEx label to

    ship out the new tickets.

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    Not Contacting Events365 Regarding Postponed Events that Require New Tickets

    If the Seller doesnt contact Ticket Evolution & Events365 customer service and the

    Buyer attempts to use the original tickets for the show and is denied entry, Ticket

    Evolution reserves the right to charge the Seller the full amount of the order as well asthe costs associated with satisfying the Buyer.

    Postponed Events where New Tickets Issued are Limited

    If a team or artist declares an event postponed, and the new events ticket availability is

    limited and not guaranteed, Ticket Evolution will deem this event cancelled. The Buyer

    will be refunded and the Seller will not be paid. If the Seller has already been paid, they

    will need to return the money to Ticket Evolution.

    E. Fraud

    Events365 verifies the authenticity of all orders, and per our User Agreement, reserves

    the right to cancel any order that it identifies as fraudulent. If an order is determined to

    be fraudulent on the Buyer side, our Fraud Department will contact the Seller requesting

    the order to be canceled. As a courtesy, we will waive one dropped order for every

    fraudulent transaction that we are forced to cancel. We ask that our Sellers help us

    resolve these orders in a cooperative fashion. We will always consider your business

    and the negative impact of us canceling a fraudulent order for your tickets.

    A timeline of when you can expect us to identify fraud and contact you requesting acancellation:

    If the event is over two months away, we will identify the fraudulent order and contact

    you no later than five business days from when the Buyer placed the order.

    If the event is one to two months away, we will identify the fraudulent order and contact

    you no later than three business days from when the Buyer placed the order.

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    X. Disclaimer of Responsibility

    Ticket Evolution relies on third party vendors for certain components of its products and

    platforms. This may include but is not limited to venue maps, operating system,

    software tools, network based servers and services.

    Ticket Evolution is a software provider and will not be responsible or liable for any error

    or failure of such components. Further, Ticket Evolution will not be held responsible for

    any loss, lawsuit or legal action resulting from failure or inaccurate data of any third

    party component.

    --END--