General terms for ambassadors

Clause 1 – Subject matter

1.1. These General Terms for Ambassadors (the "Conditions") govern the relationship between Smappo Ltd ("Smappo") and the user who creates an ambassador profile on the Smappo platform (the "Ambassador"). They supplement the General Terms and Conditions of Use; in the event of conflict, these Conditions shall prevail.

1.2. The Ambassador accepts these Conditions upon creating the profile, together with the undertaking to disclose the promotional nature of their content set out in Clause 5.

Clause 2 – Nature of the relationship

The Ambassador acts with full independence, without any relationship of subordination, exclusivity or obligation of result, and does not become an employee, agent, representative or proxy of Smappo or of organisers. The Ambassador is not authorised to conclude contracts or assume obligations in the name or on behalf of Smappo or of organisers.

Clause 3 – Operation of the programme

3.1. The Ambassador chooses a personal code, which cannot subsequently be changed by the Ambassador, and promotes it solely in relation to events for which they have been approved by the organiser or whose invitation they have accepted.

3.2. A purchaser using the code obtains the discount set by the organiser. For each ticket sold with the code, the Ambassador earns the share stated in the event's conditions.

3.3. The financial conditions (discount, share and any limits) are those shown at the time of application or acceptance of the invitation and, for each ticket, are fixed at the time of purchase.

Clause 4 – Accrual and payment of shares

4.1. Shares are paid by Smappo. At the time of purchase Smappo retains the share together with its own fee and pays it to the Ambassador seven days after the end of the event, in the event's currency, into the Ambassador's payout account.

4.2. To receive payments, the Ambassador must connect an account managed by Stripe, accepting the Stripe Connected Account Agreement; Stripe verifies the Ambassador's identity and bank details. Where the Ambassador is also an organiser on the Platform, the organiser account is used. Until the account is complete, shares accrue but cannot be paid.

4.3. No shares accrue: (a) on tickets cancelled or refunded before payment; (b) on cancelled events; (c) on payments disputed with an unfavourable outcome; (d) on tickets purchased by the Ambassador with the email address of their own account. While a dispute is pending, the share relating to the ticket concerned is suspended.

4.4. If the Ambassador deletes their account, any shares not yet paid shall be deemed waived.

4.5. The Ambassador is solely responsible for the tax and social security obligations relating to the sums received. Where required by law, including legislation implementing Directive (EU) 2021/514 (DAC7), Smappo may be required to report the Ambassador's identification details and the amounts paid to the tax authorities. Before the first payment the Ambassador must provide their tax details (full name or company name, tax identification or VAT number of their country of residence, address); until they do, the shares earned remain pending and are not paid. Smappo makes a yearly statement of the payments made available to the Ambassador in their area.

Clause 5 – Transparency of commercial communications

In accordance with the law on advertising and unfair commercial practices, including Directive 2005/29/EC and the national provisions implementing it, the Ambassador undertakes to disclose clearly, prominently and unambiguously the promotional nature of any content by which they promote an event, in any medium (for example by using #ad, "advertisement" or "paid partnership with").

Clause 6 – Prohibited conduct

The Ambassador shall not: (a) promise discounts, benefits or event features other than the real ones; (b) publish the code on discount code aggregator websites, unless expressly authorised by the organiser; (c) use the trade marks, logos, names or distinctive signs of others in a manner liable to create confusion as to their identity or role; (d) send unsolicited communications (spam) or communications in breach of data protection law; (e) purchase, or cause to be purchased, tickets for the sole purpose of earning shares; (f) engage in any fraudulent or misleading conduct or conduct harmful to the reputation of Smappo or of organisers.

Clause 7 – Personal data

The Ambassador has access only to aggregated data (number of tickets and amounts of sales made with their code) and in no case to purchasers' data. The organiser sees the Ambassador's public profile and, following approval, their email address for contact purposes. Payout account data are processed by Stripe. Processing is governed by the Privacy Notice.

Clause 8 – Ratings

After an event with sales, the Ambassador and the organiser may rate each other. Each party sees the rating received after giving its own or fourteen days after the event. Ratings must be truthful, relevant and free from offensive content; Smappo reserves the right to remove ratings contrary to these Conditions.

Clause 9 – Suspension and termination

9.1. The organiser may suspend or terminate the Ambassador's promotion of its events at any time; shares already earned are nevertheless paid in accordance with Clause 4.

9.2. Smappo may suspend or deactivate the Ambassador's profile in the event of a breach of these Conditions or of the law, stating its reasons. In the case of conduct referred to in Clause 6(e) and (f), Smappo may withhold shares earned as a result of such conduct.

9.3. These Conditions are governed by the law of England and Wales; the mandatory rights of an Ambassador acting as a consumer are unaffected.