As a member of the Brand Boss Studio Community in good standing, The Brand Boss Studio may offer you the opportunity to become an independent Friend of The Studio Affiliate (“Partner”), wherein you have the opportunity to earn additional money on The Brand Boss Studio products, services and offers that you share with friends and sell. The Brand Boss Studio LLC reserves the sole and exclusive right to determine the amount of remuneration each Partner will receive in exchange for the Partner’s efforts. Partner commission is further discussed herein.
This Partner Agreement (“Agreement”) governs Your application for, and any subsequent participation in, Friend of The Studio Affiliate program. By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.
SECTION 1 - PARTIES All references to “The Brand Boss Studio” herein means and refers to The Brand Boss Studio LLC, doing business as The Brand Boss Studio. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. The Brand Boss Studio and You are each referred to herein as a “Party,” and collectively as the “Parties.”
SECTION 2 - APPLICATION You agree to provide all information requested by The Brand Boss Studio in connection with Your Partner application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that The Brand Boss Studio retains sole and exclusive discretion to determine whether You qualify for participation in the Friend of The Studio Affiliate program. Not everyone who applies for the Friend of The Studio Affiliate program will qualify to participate.
SECTION 3 - CONSENT TO BE CONTACTED You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the affiliate program, including through SMS texts and artificial or pre-recorded messages. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.
SECTION 4 - COMPENSATION If Your application to become an Partner is approved by The Brand Boss Studio, You will receive a unique Partner ID. The Partner ID will be incorporated within each URL which You will use to advertise The Brand Boss Studio. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Partner ID.
In the event that a prospect (“Prospect”) has multiple Partner cookies (“Cookies”), the most recently-acquired Cookie will determine which Partner is credited with a Sale.
Provided that the Sold Account (as defined below) remains in good status within thirty (30) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to The Brand Boss Studio in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid monthly following The Brand Boss Studio’s receipt of payment for a Sold Account, subject to the other terms of this Agreement. All Commission payments are based on the amount of fees received by The Brand Boss Studio, less sales taxes.
The amount of Commissions are as follows:
- Friend of The Studio Affiliate Commission: 10%
All Commissions are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions payment.
Before You can be paid any Commission, You must provide The Brand Boss Studio a completed W-9 tax form, as instructed by The Brand Boss Studio, as well as any supporting documentation requested by The Brand Boss Studio or payment provider. You will be deemed to have permanently waived all rights to Commissions that were earned before submitting a completed W-9 tax form or any ancillary supporting documentation that is requested to confirm the information on your tax form. If You are not a resident of the United States, The Brand Boss Studio may withhold tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).
Partners will not be paid any Commissions for payments made on Partner’s own user account(s). Partners are not permitted to open a The Brand Boss Studio account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation. Partners may not pay for another person’s or entity’s account. Partners are not permitted to offer cash rebates or other monetary incentives to obtain Sales.
Commissions are paid only for transactions that actually occur between The Brand Boss Studio and a Sale and in which payment is received by The Brand Boss Studio. If payment for a Sale later results in a refund or chargeback, and if a Commission was paid to You for that Sold Account or Legacy Account payment, then the Commission will be deducted from Your future Commissions.
If The Brand Boss Studio determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be paid for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions, and The Brand Boss Studio may terminate this Agreement immediately without The Brand Boss Studio having any liability to You.
SECTION 5 - TERM AND TERMINATION The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the affiliate program is approved. Your participation in the Friend of The Studio Affiliate program will continue until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of The Brand Boss Studio or otherwise, we may terminate the Agreement or suspend Your access to the Partner website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than 10%, we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such an instance, and in our sole discretion, we may also for the aforementioned reasons, terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions and any other payments owed to You or that may in the future be owed to You without any further liability by The Brand Boss Studio to You.
If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your The Brand Boss Studio account.
SECTION 6 - ADDITIONAL REPRESENTATIONS AND WARRANTIES In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify The Brand Boss Studio of the same within 24 hours. The Brand Boss Studio, in its sole and exclusive discretion, may immediately terminate Your participation in The Brand Boss Studio’s affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.
SECTION 7 - ENTIRE AGREEMENT This Agreement, including Appendix A below, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Partner application and, if approved, Your rights and responsibilities as a Partner.
Appendix A
Additional Terms of the Partner Agreement and Advertising Rules
These Advertising Rules apply to all activities of Partner:
- General Compliance. Partner shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Partner is solely responsible for ensuring Partner’s compliance with all laws. Partner shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement. Partner may, however, offer Prospects information and materials of tangible value for reduced or no charge, but only so long as Partner accurately describes and delivers such information and materials to the Prospect. The Brand Boss Studio retains the sole and exclusive discretion to determine whether Partner’s advertising and conduct is in compliance with all laws.
- Disclosure. On any website that Partner advertises any The Brand Boss Studio service or product, Partner must plainly display (not in a link) in legible font disclaimer language, such as: Disclosure: I am an independent The Brand Boss Studio Partner, not an employee. I receive referral payments from The Brand Boss Studio. The opinions expressed here are my own and are not official statements of The Brand Boss Studio or its parent company, The Brand Boss Studio LLC.
- Non-Disparagement. Partner is not permitted to comment negatively about or disparage the products or services of The Brand Boss Studio or any other person or entity. Partner is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of The Brand Boss Studio, any brand name of The Brand Boss Studio or any other third party.
- Social Media. If Partner advertises on social media, then each post must comply with all of the following:
• Partner must comply with the above disclosure restrictions as applicable to each form of social media.
• Partner must also comply with all rules of each social media platform that Partner uses.
- Income and Business Opportunity Claims. Partners are expressly prohibited from making any claims that use of The Brand Boss Studio will guarantee that the user will make money. If Partner’s recruiting efforts include claims related to income Partner has made from using The Brand Boss Studio or as a Partner, the following guidelines must be adhered to:
(a) Partner’s statements must be completely true and accurate and supported by evidence of Partner’s experience; and
(b) Partner’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money.”
- The Brand Boss Studio’ Trademarks. The Brand Boss Studio retains exclusive ownership of all The Brand Boss Studio’ Trademarks and other intellectual property and all of its rights therein. Partner shall not promote or provide services to any other business or person that is infringing any of The Brand Boss Studio’ intellectual property.
- Independent Contractor. Partners are independent contractors of The Brand Boss Studio. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between The Brand Boss Studio and You by virtue of this Agreement. You have no right to act on behalf of or bind The Brand Boss Studio in any way, nor share in the profits or losses of The Brand Boss Studio. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
- NO WARRANTY; NO LEADS. The Brand Boss Studio does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that The Brand Boss Studio will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as a Partner as You determine in Your sole discretion.
- LIMITATION OF LIABILITY. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL The Brand Boss Studio OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER The Brand Boss Studio HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW.
Please review the Terms of Service for more information. Review here: https://brandbossstudio.com/brand-launch-agreement
- Indemnity. You agree to protect, defend, indemnify and hold harmless The Brand Boss Studio, its officers, directors, employees, owner(s), and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against The Brand Boss Studio for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
- Severability. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.
- Modification/Amendments. This Agreement may be modified by The Brand Boss Studio at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email, or are posted in the Partner center. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by The Brand Boss Studio. Your continued acceptance of Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.
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