Seattle Sounders FC Season Ticket Member Ticket Trade Program

Terms and Conditions

1. General Terms. These Terms and Conditions apply to the Seattle Sounders FC Season Ticket Member Ticket Trade Program (“Program”). By making a request to trade your tickets, you agree to be bound by these Terms and Conditions and continue to be governed by the definitions, terms, and conditions contained in the Seattle Sounders FC Season Ticket Member Terms and Conditions and subject to the Privacy Policy which can be found at http://www.mlssoccer.com/privacy-policy. Seattle Sounders FC (“Administrator”) reserves the right to limit enrollment in the Program, terminate the Program, alter the Program, or make any other changes, modifications, or cancellations at any time without notice, in its sole discretion.

2. Program Period. The Program will be open between March 2, 2019 and September 17, 2019 (“Program Period”). All requests for trades must occur during the Program Period on or before 5:00 PM PST on September 17, 2019 in order to be fulfilled.

3. Program Eligibility. To be eligible for the Program you must (a) be the Primary Seattle Sounders FC Season Ticket Member Account Holder for a Full Season Ticket Package (“Account Holder”), (b) remain a current Season Ticket Member with an active account in good standing which includes maintaining a valid email address and phone number in your Account Holder online profile and a valid credit card on file through your SeatGeek Account Holder online account, which includes being paid in full for all seats in your 2019season ticket package (you will not be eligible if you drop any seats in your 2019 package at any time during 2019) and (c) have not already exchanged seats previously during the Program Period. Any attempt to disguise or mislead Administrator, including Account Holder’s attempt to use a different email address, or false information, will disqualify the Account Holder from eligibility in the Program now and in any future offer of the same or similar ticket trade-type program.

4. How to Trade Your Tickets. All Eligible Account Holders may exchange all tickets for one (1) match for the same number of tickets in the same or lower ticket price category to another match included in the 2019 Season Ticket Member package (those 19 matches designated as of February 7, 2019, as the 2019 MLS regular season ticket package), subject to availability. If available, Eligible Account Holder may be able to exchange tickets for a higher price code. All exchanges must be processed by Account Holder contacting his or her representative with Administrator via phone or email. If you have purchased parking passes or inclusive food options on a full season basis, those items will transfer to the new match upon a confirmed exchange.

5. General Trade Restrictions. If Account Holder exchanges tickets for another match in a lower ticket price category, no credit shall be given. If Account Holder exchanges tickets for another match in a higher price category, Account Holder’s credit card on file with SeatGeek shall be charged for the difference between such price(s). There shall be no fee charged to the Account Holder for the exchange process. Only one (1) match may be exchanged during the 2019 season. Account Holder shall be not be obligated to exchange all seats associated with his/her account, however, Account Holder will not be able to split his/her tickets to be exchanged across more than one (1) match. For avoidance of doubt, if Account Holder has four (4) seats on his account the match on March 9, 2019 and wishes to exchange two (2) tickets for April 6, 2019match, he will not subsequently be eligible to exchange the other two (2) tickets for the March 9, 2019match for another future match as those remaining tickets will be voided and no longer eligible for exchange. Eligible Account Holders may only exchange tickets for future matches. Unused tickets to past matches are not eligible for exchange. Once an exchange is complete, all exchanges are final. No refunds will be issued. Once exchanged, returned tickets may be resold by Administrator. No ticket exchange is guaranteed and all exchanges are subject to available inventory. Seat locations for exchanged matches are not guaranteed and there is no guarantee that Account Holder will be able to exchange existing tickets for tickets to a future match in any specific category, price code, or section. All exchanges must be completed and confirmed at least one (1) business day prior to the match date that the Account Holder is attempting to change out of or into (whichever is sooner).

6. Match Specific Restrictions. All tickets to any or all International Friendly matches, including at minimum the initial home match between Sounders FC and Club Nacional scheduled for February 20, 2019, any or all CONCACAF Champions League matches, and the MLS regular season match between Sounders FC and Portland Timbers scheduled for July 21, 2019, are not eligible for exchange under this Program.

7. Additional Terms and Conditions. The following additional terms and conditions apply to the Program:

a. Account Holder Conduct. Any Account Holder may be disqualified from participating in this Program and declared ineligible in the event that he/she fails to comply with the Sounders FC Season Ticket Member Terms and Conditions and Ticket Policies and/or engages in any of the following activities: (1) creates multiple accounts or uses different email addresses in order to mislead or misrepresent himself/herself as the owner of any account, (2) submits any information to Administrator which misrepresents any fact or which is fraudulent personal information, and/or (3) engages in any conduct which is an attempt to defraud or circumvent the eligibility requirements for participation or which Administrator reasonably believes in its sole and exclusive discretion is undertaken in contravention of the in the Program.

b. Changes, Cancellation. Administrator reserves the right at any time, without notice, to change the Program. Changes to these terms and conditions shall be posted on Administrator’s website which will become effective upon posting. Account Holder’s continuation in the Program after the posting of such modifications shall constitute Account Holders’ consent to such modifications. Administrator may suspend the Program at any time without notice. Administrator may cancel the Program at any time without notice. Upon cancellation, only tickets which have been exchanged and confirmed by Administrator as of the date of cancellation shall be valid.

c. Expiration of Program. Any unexpired tickets which are not exchanged prior to the end of the Program Period will not be eligible for exchange.

d. Compliance with FTC Guidelines on Endorsements/Testimonials. If Account Holder chooses to promote this Program to the public, including through his/her own personal social network, he/she agrees that he/she will comply with all FTC Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (available at: https://www.ftc.gov/policy/federal-register-notices/guides-concerning-use-endorsements-and-testimonials-advertising-16).

e. No Relationship. Account Holder expressly agrees that he/she shall obtain no right, implied or otherwise, to act as an agent, contractor, or employee of Administrator.

f. Trademarks. Account Holder shall obtain no right, title or interest to use or utilize Administrator’s materials, intellectual property, including trademarks and copyright in any way.

g. Warranties. Administrator makes no warranty as to the eligibility of any Account Holder to participate in the Program. By participating in the Program, Account Holder warrants and agrees to be bound by these Terms and Conditions, will maintain an eligible account throughout participation in the Program and will conduct himself/herself in accordance with all Terms and Conditions governing Season Ticket Holders and all Ticket Policies of Sounders FC. Account Holder further warrants that his/her participation is voluntary and at his/her own risk. The Program is made available to Account Holder on an “As Is” basis without warranty of any kind, express or implied. Administrator expressly disclaims all warranties, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose.

h. Data Privacy and Security. All Account Holder information collected, maintained and stored by Administrator shall be maintained and used in accordance with the MLS Privacy Policy. In addition, all Account Holder information provided to SeatGeek, the official ticketing platform of Administrator shall be governed by the {insert SeatGeek Privacy Policy}. By participating in this Program, Account Holder further consents to Administrator’s right to aggregate any information provided by Account Holder through the Program, together with other Account Holder information, provided that such aggregation of information shall not include any Personally Identifiable Information or any other information in whole or in part that will tend to identify the individual Account Holder (“Anonymous Aggregate Data”). All Anonymous Aggregate Data may be used by Administrator to administer, manage, review, edit, amend or evaluate the Program, or for internal or external reporting of general customer trends, required MLS league reports, as reasonably disclosed to accountants, tax professionals, attorneys or other professional service providers to Administrator and for the development of new programs, products, services, marketing or other commercial initiatives.

i. Limitation of Liability/Governing Law/Arbitration. Each Account Holder by participating in the Program, hereby releases, and agrees to defend, indemnify and hold harmless Administrator, Major League Soccer, L.L.C. and Soccer United Marketing, LLC, those working on its behalf, and each of their respective officers, members, managers, directors, representatives, employees, agents, successors and assigns (collectively “Released Parties”), from any damage, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to participation in this Program. Any and all disputes, claims, and causes of action arising out of or in connection with this Program shall be resolved individually, without resort to any form of class action. This Program shall be governed by, and construed in accordance with, the internal laws of the State of Washington. Any action or litigation concerning this Program shall take place exclusively via binding arbitration in King County, Washington, and each Account Holder expressly consents to the jurisdiction of and venue of such arbitration and waives all defenses of lack of jurisdiction and inconvenient forum with respect to the same. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH PARTICIPATING IN THIS PROGRAM. ACCOUNT HOLDER HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ACCOUNT HOLDER WHETHER FORESEEABLE OR NOT AND WHETHER BASED UPON NEGLIGENCE OR OTHERWISE.

j. Release of Liability. Released Parties are not responsible for, late, incomplete, illegible, misdirected, lost, damaged or delayed requests for exchange. Released Parties are not responsible for any delay, loss, interruption or unavailability of the network, server, Internet Service Provider (“ISP”), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program, including, without limitation, errors or difficulties occurring in connection with the administration of the Program, the processing of ticket exchanges, or in any Program-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the

Program. Released Parties are not responsible for injury or damage to Account Holder’s or to any other person’s computer related to or resulting from participating in this Program or from use of the online interfaces, software or tools. Account Holders who tamper with, or abuse, any aspect of the Program or online interface, software or tools or attempt to undermine the legitimate operation of the Program, or intend to annoy, abuse, threaten or harass any other Account Holder or Administrator’s representatives or who are in violation of these Official Terms and Conditions, as solely determined by Administrator, will be disqualified. Any attempt to deliberately damage the content or operation of this Program is unlawful and subject to legal action by Sponsor, the other MLS entities and/or their respective agents.

k. Taxes. Account Holders who exchange tickets assume sole responsibility for all costs associated with that exchange, including without limitation, all federal, state and local taxes incurred as a result of exchanging into a higher ticket price category.