(a) Refund Policy and Process. 

Regardless of what payment method is selected, Organizer agrees to communicate a refund policy to Attendees with respect to each event posted on the Services that meets the requirements of the Attendee Refund Policy Requirements available and to administer such policy in accordance with its terms and the Attendee Refund Policy Requirements. The Attendee Refund Policy Requirements are incorporated by reference into this Merchant Agreement. All refunds for EPP transactions must be processed through Nytro, unless otherwise agreed by Nytro. For EPP transactions, Organizer can issue refunds to Attendees directly through the Services within certain windows permitted by our Payment Processing Partners. If the refund is outside such windows, then it will need to be processed manually by Nytro. Nytro may determine in its discretion not to process any refunds which are manual, in which case they will be processed directly by Organizer. 

(b) Refund Disputes. 

Regardless of what payment method is selected, all disputes regarding refunds are between Organizer and its Attendees. In the event of a dispute, Nytro may try to mediate, but ultimately it is Organizer’s obligation to settle the dispute. Notwithstanding the foregoing, with respect to EPP transactions, Nytro shall have the right to make refunds on Organizer’s behalf as set forth in subsection (c) below. 

(c) Mandatory Refunds. 

Notwithstanding the foregoing, Organizer authorizes Nytro to make refunds in the following situations (i) Organizer specifically authorizes the refunds at the time; (ii) Nytro believes in its discretion that specific orders should be refunded under the Organizer’s posted refund policy or the Attendee Refund Policy Requirements, including without limitation, that they are required by applicable local, state, provincial, national or other law, rule or regulation or the Payment Scheme Rules; (iii) Nytro believes in its discretion that the refund request, if not granted, will lead to a chargeback that Nytro is more likely than not to lose; (iv) Organizer failed to list a refund policy on the applicable event page and Nytro believes in its discretion that a refund would be reasonable under the circumstances; (v) Nytro believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or (vi) Nytro believes in its discretion that the order is a duplicate. Organizer also authorizes Nytro to make refunds of any and all orders (including those for unrelated events) if (A) Nytro believes in its discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations; (B) Nytro believes in its discretion that there is substantial risk of nonperformance by Organizer with respect to the applicable event or future events; (C) Nytro believes in its discretion that it is likely to receive complaints, refund requests, transaction reversals and/or chargebacks with respect to a substantial amount of orders; or (D) Nytro believes in its discretion that Organizer is a Prohibited Merchant, has used the Services to process Prohibited Transactions or to manage Prohibited Events or that failing to make the refunds would otherwise expose Nytro to legal liability. Because all sales are ultimately made by Organizers, Organizer hereby agrees to promptly and fully reimburse Nytro and its affiliates upon demand for refunds that Nytro makes pursuant to this Merchant Agreement, other than to the extent that the necessity for such refunds are caused by Nytro’s negligence or willful misconduct. Organizer acknowledges and agrees that chargebacks will result in losses to Nytro in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback Nytro is mitigating such losses and its damages with respect to Organizer’s breach of this Merchant Agreement.