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The Branding Journal Affiliate Program Terms & Conditions

This agreement describes the terms and conditions for participation in The Branding Journal affiliate program. In this agreement, the term "Affiliate" refers to the Affiliate (the applicant). In this agreement, “The Branding Journal” refers to Blue Ocean Digital OÜ, a company based in Estonia that owns and operates the website TheBrandingJournal.com and its subdomains, with whom you are entering into this agreement. By applying to The Branding Journal affiliate program you are confirming that you have read this agreement in its entirety and agree to the stated terms and conditions.

Registration

To sign up as an Affiliate of The Branding Journal, the Affiliate must be at least 18 (eighteen) years of age.

The following types of sites are not allowed to participate in The Branding Journal affiliate program: adult sites, sites that display adult content/banners, sites that promote violence, bigotry, or hatred, and sites that promote illegal activity (including but not limited to warez, cracking and hacking sites).

As part of the registration process, the Affiliate will select a username and password combination that (s)he uses to access the affiliate account area of the site. The Affiliate should provide The Branding Journal with accurate, complete, and updated registration information. The Affiliate may not select the name of another person with the intent to impersonate that person or deceive members or other users as to his/her true identity.

The Affiliate must notify The Branding Journal by email at [email protected] of any known or suspected unauthorized uses of his/her links or account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of the Affiliate’s username and password. The Affiliate is responsible for maintaining the confidentiality of his/her username and password and remains responsible for all usage and activity on his/her account, including use of the account by a third party authorized by the Affiliate to use his/her The Branding Journal account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination by The Branding Journal and referral to the appropriate law enforcement agencies.

Commissions

For a sale to generate a commission for an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.

The Affiliate will receive a 40% commission for each sale of the course "The Ultimate Brand Building System" made during the 60 days after the initial clickthrough. Commissions are not generated on recurring orders or orders from existing customers. Commission payout value is calculated as a percentage of total order value after discounts.

The Affiliate cannot refer him/herself, and will not receive a commission on his or her own accounts.

Payments will only be sent for successfully completed transactions. Transactions that result in chargebacks or refunds will not be paid out (see below). To reduce the rate of void commissions, The Branding Journal will hold all Affiliate payouts for 15 days after the initial purchase.

Refunds

In the event a customer requests a return and refund for an order for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.

In the event that the Affiliate’s account balance is less than the return commission, the return commission will be deducted against the Affiliate’s future earnings. The Affiliate will NEVER be asked to send money to The Branding Journal.

Payment

The Affiliate will receive a Commission for sending The Branding Journal authorized sales via the Affiliate’s links. In order to place links, the Affiliate must first be approved to become an Affiliate of The Branding Journal.

Terms or the amount of commission payout may be changed at any time. The affiliate is responsible for determining if the commission agreement for a link placed on his/her site has changed or been discontinued. This information is always available to the Affiliate via The Branding Journal Affiliate Dashboard.

The Affiliate will receive the Commission from Blue Ocean Digital OÜ on behalf of The Branding Journal. Payments are issued automatically on a monthly basis, with a minimum interval of 30 days between payments. Money credited to the Affiliate’s The Branding Journal account does not accrue interest.

The affiliate will be paid exclusively via PayPal. It is the Affiliate’s sole responsibility to provide The Branding Journal and its affiliate program with a correct and current email for the receiving PayPal account. The Branding Journal affiliate program does not support commission payout via direct deposit, wire transfer, credit cards, debit cards, or any other means apart from PayPal.

Brand Ownership and Licenses

All images, technology, and content provided for use by the affiliate shall remain the sole property of The Branding Journal, and no part thereof shall be deemed assigned or licensed to the Affiliate except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames, and service marks related to The Branding Journal and its products, will remain the sole property of Blue Ocean Digital OÜ, including rights in and to any derivatives thereof.

The Affiliate will never represent themselves, The Branding Journal, or their relationship with The Branding Journal in a false or misleading way.

The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing The Branding Journal.

The Affiliate may NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from The Branding Journal's email, paid search, or any other non-affiliate advertising campaigns.

Accepted Use

The Affiliate represents to The Branding Journal that all content the Affiliate provides to the site is solely owned by the Affiliate or provided by the Affiliate with the express authority of the company the Affiliate represents, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. The Affiliate shall not provide, promote, distribute, place, or otherwise publish any content or website that includes content which is libelous, defamatory, obscene, pornographic, abusive, fraudulent, or violates any law. As The Branding Journal may not review all information provided by the Affiliate, the Affiliate shall remain solely responsible for his/her content and website.

Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms, or guestbooks. Any link placed must be done in such a way that it is not misleading to any customer and is done with the intention of delivering valid sales to The Branding Journal for that link.

Content Misuse

The Affiliate agrees not to:

  • Copy or reproduce product content: The Affiliate shall not copy, reproduce, or distribute any part of The Branding Journal's products (such as the content of its online courses) for personal use, articles, blog posts, or any other purpose outside of the scope of the promotional activities approved by The Branding Journal.
  • Create competing products: The Affiliate agrees not to use any part of The Branding Journal's products (such as the content of its online courses) to create competing products or educational material.

Term and Termination

Either party has the right to terminate the agreement immediately and for any reason without prior notice.

An affiliate application and status in the Program may be suspended or terminated by The Branding Journal for any of the following reasons:

  • Content misuse (copying or reproducing product content, creating competing products).
  • Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
  • Spamming (mass email, mass newsgroup posting, etc.).
  • Advertising on adult sites, sites that display adult content/banners, sites that promote violence, bigotry, or hatred, and sites that promote illegal activity (including but not limited to warez, cracking, and hacking sites).
  • Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations or any applicable state laws.
  • Violation of intellectual property rights. The Branding Journal reserves the right to require license agreements from those who employ trademarks of The Branding Journal in order to protect our intellectual property rights.
  • Offering rebates, coupons or other forms of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with The Branding Journal course sales is acceptable.
  • Self-referrals, fraudulent transactions, suspected Affiliate fraud.

If the Affiliate terminates the agreement, no further commissions from The Branding Journal will be paid for any past or future customer transactions.

If The Branding Journal decides to terminate the agreement, the Affiliate will receive the current balance as of the termination date within 60 days.

Governing Law

This Agreement shall be governed, construed and enforced in accordance with the laws of Estonia and the European Union without regard to its conflict of laws rules.

Arbitration

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in Estonia. An award of arbitration may be confirmed in a court of competent jurisdiction.

Limitation of Liability

Blue Ocean Digital OÜ, and by extension, The Branding Journal, has no responsibility or liability as a result of the Affiliate’s placement of authorized links from his/her website. The Affiliate jointly and severally agrees to indemnify, defend, and hold harmless Blue Ocean Digital OÜ and its officers, directors, employees, and agents from and against any and all liability claims losses, damages, injuries, or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this agreement or its subject matter and any dispute relating thereto.

The Branding Journal agrees to indemnify, defend, and hold harmless the Affiliate and its officers, directors, employees, and agents from and against any and all liability claims, losses, damages, injuries, or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to The Branding Journal's negligence or willful misconduct in selling products or its breach of this agreement.

Modification of Agreement

The Branding Journal reserves the right to change, modify, add, or remove portions of this agreement at any time and may add to change, suspend, or discontinue any aspect of the partnership at any time.

In the event of any material change, The Branding Journal will notify the Applicant via e-mail and The Branding Journal affiliate platform at least 7 days before any such changes take effect, at which time the Affiliate may either agree to such changes or withdraw from the partnership.