Effective: October 1, 2019
Last Updated: October 14, 2019

  • Affiliate is deemed to have accepted the terms of this Agreement if they are approved to participate in the Affiliate Program.

  • Violation of these terms may result in forfeiture of commissions earned.

  • As an affiliate, you are solely responsible for the results of your actions.

Affiliate Terms and Conditions

Introduction

This Affiliate Program Agreement ("Agreement") is between an Affiliate ("you," "your") and Casey Evans, sole proprietor of Brand With Ease ("we," "our," "the company," “Brand With Ease”). Your participation in the Affiliate Program is conditional on your acceptance of the terms and conditions contained in this Agreement. You are deemed to have accepted this Agreement by applying to participate in the Affiliate Program.

Who Can Be An Affiliate?

All Affiliates must be at least 18 years old.

What Does An Affiliate Do?

An Affiliate is a business owner, internet marketer, webmaster, or similar who takes on the role of promoting the Brand With Ease customizable templates and pre-made logo designs.

How Does This Affiliate Program Work?

To participate in the Affiliate Program, you must apply to be an Affiliate, which enables you to be issued a unique Affiliate Discount Code.

Commissions are ONLY paid on sales received through the BrandWithEase.com website when your unique affiliate discount code is entered at checkout.

Commissions will NOT be paid for sales when your code is not entered or for sales received through our Etsy Shop or any other sales platform.

Payments

We pay affiliate commissions via PayPal on the 10th of every month for all orders that are received AND paid for within the previous calendar month.

Should the 10th of any month fall on a Sunday or holiday, commissions are paid the following business day.

If a discount is applied to an order due to any active promotion, giveaway, or other program that reduces the final price of a sale, the affiliate commission is calculated based on the final sale price, NOT the original list price.

Chargebacks

If we are charged back (due to a customer refund) at any time up to 12 months from the date of sale, we charge you back for that Commission.

If you have questions about Commissions, please Contact Me.

Affiliate Responsibilities

Providing Correct Information

You are responsible for providing Brand With Ease with your correct contact information at the time that you register for the Affiliate Program and you must keep your contact information up-to-date. Your failure to provide us with correct contact information could result in the suspension of your Affiliate Program account because we may be unable to contact you regarding important issues concerning the Affiliate Program and your participation therein. If you become aware that we have been provided incorrect contact information or if your contact information becomes out-of-date, you must immediately contact us and provide correct contact information.

Prohibited Actions

You agree not to:

  • Purchase from Brand With Ease using your own personal Affiliate Discount Code. To clarify, you, as an affiliate, cannot register yourself as a referral.

  • Resell or otherwise distribute ANY of the digital products or services listed on BrandWithEase.com.

  • Misrepresent Brand With Ease, Casey Evans, or any of our other properties, products, or services.

  • Disparage Brand With Ease, Casey Evans, or any of our other properties, the Brand With Ease website, or any Brand With Ease-affiliated products including, without limitation, any references to Brand With Ease, Casey Evans, or any of our other properties using the words "scam," "rip-off," or any words with a similar or associated meaning in any advertisement or website copy.

  • Engage in any conduct that is likely to impair or cause damage to the operation of Brand With Ease or the Brand With Ease website whether by way of a virus, corrupted file or through use of any other software or program.

  • Affiliates must not send unsolicited emails (you MUST comply with the CAN-SPAM act, and any applicable laws in your jurisdiction!).

  • Register and/or use domains with the wording: "Brand With Ease" or any of its other properties, or any similar term contained within such domains.

  • Bid on or otherwise attempt to acquire any rights in Brand With Ease or any of its other properties for copyrights, service marks, or trademarks.

  • Promote the Brand With Ease Template Shop, Logo Shop, or any of its other properties on or through any sites with inappropriate content, as determined by Casey Evans, sole proprietor of Brand With Ease.

FTC Guidelines

You agree to follow the FTC endorsement guidelines.

Spam

You agree to comply with all US Federal CAN-SPAM Acts. We have a zero tolerance policy towards SPAM or any Affiliate associated with SPAM. If, at our absolute discretion, we establish that you are involved with SPAM in any way including creating, sending, or otherwise distributing SPAM we may immediately terminate your Affiliate Program account and you will forfeit all Commissions owed to you.

Affiliate Discount Code

You are solely responsible for ensuring that your Affiliate Discount Code is shared correctly. We are not responsible for your failure to receive any Commission due to the incorrect formatting or configuration of your Affiliate Discount Code.

Email

You agree to receive email or other electronic communications from us including but not limited to newsletters, site updates, promotion resources, and other announcements and correspondence. You agree that all electronically-sent agreements, notices, disclosures and other communications that we provide satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. We accept no responsibility for the accurate receipt of any such emails and you are responsible for ensuring that your email address is not blocked or impaired in any way, including by ensuring 'white-listing' of our email address.

If you unsubscribe from receiving our emails, you acknowledge and understand that you may no longer receive information or updates from Brand With Ease, related products, services, or any of our other properties.

Intellectual property (IP)

Ownership

We reserve all rights in and to our trademarks, service marks, copyrights, and other intellectual property rights that may subsist in our websites including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to Brand With Ease, Casey Evans, or any of our other properties or to our licensors ("IP"). You must not use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in this Agreement or with prior written consent from us.

Modification and Display of IP

You are not permitted to make any changes to any of our Intellectual Property including without limitation the logos and images from Brand With Ease, or any of our other properties. You must not display such items in any way that might be be deemed distasteful or that defames or misrepresents Brand With Ease, any of our other properties, or the Affiliate Program.

Use of IP

You may use the particular logos and images to which Brand With Ease or any of our other properties grants you access within the "Affiliate Resource Library" section of our website or related communications for purposes related to your participation in the Affiliate Program only.

You may NOT:

  • Download our videos and/or re-post them on YouTube, other video-sharing sites, or anywhere else.

  • Download our PDFs and/or distribute them anywhere.

  • Use any content, testimonials or screenshots from any template, Facebook Group, or from Brand With Ease UNLESS it is your own information that you have personally shared.

Brand Name

You are not permitted to purchase, bid on, or otherwise attempt to acquire any "Brand With Ease brand name keywords" with respect to Internet search engines; create or use any Facebook pages with "Brand With Ease" in the brand name or URL; or register or use domains that include the wording "Brand With Ease" or any similar wording in the root part of the domain (between the "www" and "com/net/etc." Brand With Ease brand name keywords or similar wording includes "Brand With Ease" and any misspelling or variation of "Brand With Ease" including without limitation "Brand With Ease," "Brand w/ Ease," etc.

Guaranteed, Liability and Disclaimers

Warranties

While we endeavor to ensure that our website content is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the material appearing on Brand With Ease or any of our other website properties beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our websites and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether express, implied, statutory, or otherwise) including but not limited to warranties of noninfringement, merchantability, or fitness for a particular purpose.

No Guarantees Regarding Your Income

We make no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through your participation in the Affiliate Program.

Limitation of Liability

To the extent legally permitted, in no event shall Brand With Ease, our templates, or any of our other properties or our affiliates, distributors, licensors, agents, or any of our or their directors, employees, or agents be liable as a result of your use of our websites or participation in the Affiliate Program for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data howsoever arising including without limitation through an action in contract, tort (including negligence) or otherwise, even if we or our affiliates, distributors, licensors, or agents, or any of our or their directors, employees, or agents have been advised of the possibility of such damages.

Consumer Guarantees

If you are using our services for business purposes, you agree that the guarantees provided or any comparable consumer protection legislation shall not apply to separately purchased services.

Availability

Your use of our website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our websites or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should our websites or the services supplied through our websites become unavailable, interrupted or delayed for any reason.

Malicious Code

Although we endeavor to prevent the introduction of viruses or other malicious code (together, "malicious code") to our websites, we do not guarantee or warrant that our websites, or any data available therein, do not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our websites does not expose your computer system to the risk of interference or damage from malicious code.

Security

Although we endeavor to protect the security of your contact information, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our websites. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of our websites or any outbound hyperlinks.

Indeminification

Your use of our websites and content is voluntary. You shall indemnify us and our affiliates, distributors, licensors, and agents and all of our and their directors, employees, and agents against, holding all harmless from any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your use of our websites and content or your failure to maintain the confidentiality or security of your password or access rights.

Term and Termination

Term

This Agreement is effective immediately upon your acceptance of this Agreement and shall continue until terminated as described in this section.

Termination

Both parties to this Agreement reserve the right to terminate this Agreement at any time without notice. In the event of termination of this Agreement, all outstanding Commissions due to Affiliate will be payable, so long as the necessary refund period has passed. In the event of a chargeback, all monies will be invoiced to affiliate. All confidentiality and non-disclosure agreements survive the termination of the Affiliate relationship.

In the event we terminate this Agreement due to breach by Affiliate, Affiliate shall not be entitled to any outstanding Commission payments.

Miscellaneous

Waiver

Any waiver by us of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.

Independent Contractor

You are acting as an independent contractor when acting as an Affiliate. No partnership, joint venture, or legal entity is created between the parties to this Agreement.

Amendments

We reserve the right to amend this Agreement as needed from time to time. You are bound by any changes made to this Agreement and your acceptance of any income through or due to the Affiliate Program will be regarded as acceptance by you of any changes to this Agreement. We will endeavor to inform you of any changes made to this Agreement via email.

Feedback

If you provides us any feedback about our websites or the Affiliate Program, you grants us the right to use that feedback for the purpose of improving our websites or Affiliate Program (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.

Top Affiliates

From time to time, we may enter into special agreements with certain 'top' Affiliates. Such special arrangements may include but are not limited to special discounted rates or bonus packages. Our entry into a special arrangement with any Affiliate is at our sole discretion and we reserve the right to determine whether any Affiliate will be offered the opportunity to enter into such a special arrangement.

Severability, Headings & Merger

Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect. This Agreement supersedes any existing communications or Agreements, and is the full extent of the agreement between the parties.

Advertisements

We do not necessarily endorse or recommend any of the goods or services advertised on or through our websites. We do not necessarily endorse or recommend any affiliates using our services.

Third Party Websites

Our website may provide links and pointers to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

Confidentiality

You shall keep confidential the terms of this Agreement and any information associated with the Affiliate Program subject to any disclosure required by law. This clause shall survive termination of this Agreement.

Governing Law

This Agreement is governed by the laws of the state of Washington in the United States of America (USA) and the courts of Washington, USA shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this Agreement.

All Rights Reserved

All rights not expressly granted in this Agreement are reserved by us.

Affiliate Branding

We have a duty to define, protect, and evolve the Brand With Ease brand, the Logo In A Day brand, and all of our product brands. The following section presents our most up-to-date usage rules and branding guidelines to clarify what is permitted and acceptable when you promote our brands. These may change from time to time, so please check here at the start of any promotional campaign. For all questions about brand usage, please Contact Me.

You are permitted to use our brand names and logos as described below, but you MUST follow our usage and placement rules as detailed below.

Usage Rules

  • Make it clear that you are a Third Party, in no way employed by us, and that your website/blog is in no way owned, operated, maintained or otherwise directly associated with Brand With Ease (for example, by including a statement to that effect prominently on your site).

  • Only use Brand Assets that you have obtained via your exclusive access to our Affiliate Resource Library.

  • Do not stretch, change the color of, or in any way recreate or alter our logos.

  • Include copyright with each brand logo usage.

  • Refrain from foul language or profanity.

Domain Names

You may NOT use any of our brand names or variations thereof within a domain name.

You are permitted to use our brand names on your personal website/blog provided you follow our usage and placement rules above.

Social Media Accounts

Instagram

You may NOT use any of our brand names, or variations thereof, or brand logos within your:

  • Registered username or "handle" (begins with the "@" symbol).

  • Account holder name (appears just above your bio description).

  • Profile photo.

You are permitted to use our brand names and/or logo within your stories posts, within photos that accompany feed posts, and as a portion of your post captions provided you follow our usage rules above.

Facebook

You may NOT use any of our brand names or variations thereof or our logo within your page name (anything in the URL following facebook.com/ or in the title as it shows on the page) or profile photo.

You are permitted to use our brand names provided you follow our usage rules above:

  • As a portion of your page.

  • Within posts.

You are permitted to use our brand logos provided you follow our usage rules above:

  • As a portion of your header photo.

  • Within photos that accompany posts.

You are permitted to run Facebook advertising to promote our products, please Contact Me with questions.

Twitter

You may NOT use any of our brand names, or variations thereof, or brand logos within your:

  • Registered username or "handle" (begins with the "@" symbol).

  • Account holder name (appears just above your handle).

  • Profile photo.

You are permitted to use our brand names and/or logo as a portion of your header photo, within tweets, and within photos that accompany tweets provided you follow our usage rules above.

In General

You may not use the real names of our customers, make any financial claims or promises, or reveal privileged information including but not limited to:

  • Results posted to any of our Facebook groups or community forums.

  • Testimonials you obtain by asking any customer.

  • Any information received during any of our trainings (e.g., webinars, courses).

You may not advertise or promote Brand With Ease, templates, or any of our other properties, products, or services on any sites that:

  • Promote tobacco, sexually explicit material, violence, pirated materials, illegal activities, gambling or sites that promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • Contain extensive religious commentary or attempts to preach or solicit members for a particular church or faith; or

  • Contain any violations of intellectual property rights or any other laws not otherwise listed here.

In conclusion:

  • Affiliate is deemed to have accepted the terms of this Agreement if they are approved to participate in the Affiliate Program.

  • Violation of these terms may result in forfeiture of commissions earned.

  • As an affiliate, you are solely responsible for the results of your actions.

  • You must also read and comply with the entire Terms & Conditions.

Contact

If you have any questions regarding Affiliate Agreements, please Contact Me.