Brand Marketing Agreement
Version
1.1
Thank you for being a brand who wants to build your marketing army with the people of Brandy. Seriously, it’s an honor. Also, thanks for reading this (unless you’re looking to circumvent platform rules).
This Brand Marketing Agreement (“Agreement”) is a binding contract between you and Brandy Inc. (“we,” “us” or “our”, the “Brandy Platform”, “Brandy App”, “platform”, or “app”). It contains the rules and restrictions that govern your use of Brandy's platform features and services (referred to below simply as “Brandy”) to market your brand by word-of-mouth via consumers using our app. If you use Brandy for this purpose, you are an Marketer and will need to create a Brand account and verify your email as a marketer in association with a brand or multiple brands. In this Agreement, we refer to people that click on your Brand logo(s) from within the profiles of other Brandy users, “suggested brands” feature, links or QR codes generated within the app by authenticated app users who may or may not be endorsing you, as “endorsers” of your brand or “endorsing consumers” or “endorsing users.”
Using Brandy in any way means that you agree to this Agreement, and this Agreement will remain in effect while you use Brandy. This Agreement includes everything in this document, as well as those in the Terms of Use, Privacy Policy and all other rules and procedures that may be published from time to time by us on Brandy. In the event of any conflict between this Agreement and any other terms and conditions you have agreed to with Brandy, this Agreement will prevail with respect to its subject matter.
You must be of legal age to form a binding contract to use Brandy. If you aren’t, you need to get your parent’s or guardian’s permission to use Brandy, and your parent or guardian will agree to this Agreement on your behalf.
If you’re agreeing to this Agreement on behalf of an organization or entity, you must be authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).
If you don’t agree to all of the following, you may not use or access Brandy in any manner. If you have any questions, comments, or concerns regarding the Agreement or our products and services, please contact us at [](mailto:legal@beehiiv.com?)theteam@itsbrandy.io.
Ownership
First and foremost, you own any information you provide about your brand within the app. Any original statements you supply as a brand on the platform, information you upload, share, store, or otherwise provide to Brandy remains yours and is protected by copyright and any other applicable intellectual property laws.
However, please note that you agree to grant us a limited license to your content in order to enable us to operate Brandy. This license allows us to promote your content and help you succeed in generating revenue through purchases made by first time shoppers who are using Brandy to discover your brand via sharing features of other users on the platform.
Billing For Purchases Driven By The Brandy Platform
Any user of the brandy platform may choose to endorse your brand within the Brandy platform by sharing a link to your website or brand profile within the app unless you report a violation on their part of the Acceptable Use Policy. You will be billed for any user endorsements or shares within the platform resulting in a first purchase on your website by another Brandy user, unless we have found the user to have engaged with the platform in violation of the Acceptable Use Policy, which you may also report to us within the app or by emailing us at theteam@itsbrandy.io.
If you choose to create a profile for your brand on the Brandy Platform to be seen by consumers using the app, you agree to be billed for any user endorsements or shares resulting in first time purchases (which we will refer to as “qualifying orders”) on your website under the following terms:
Taxes: You agree that you shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to first time sales on your website attributed to users of the Brandy platform.
Payment Processor: During the term of this Agreement, you understand that you are subject to your bank account, debit or credit card’s processing times and terms.
Billing Frequency: You agree to be billed on the first day of the month for any qualifying orders attributed to sharing or endorsement by a user in the app in the previous calendar month.
Information Upon Request: You will provide us with all requested data or information about you and your legal ability to sell products or services on your website within the US. This includes all billing and tax identification information, and you will ensure this information is accurate and up-to-date.
Your Payout to the Platform: You are responsible for setting your payout as a commission to the Brandy platform for qualifying orders, expressed as a percentage which may vary for different Order Types (ex: “subscription,” “pre-order,” or “one-time-purchase”) associated with each line item in a qualifying order. You are responsible for keeping a verifiable payment card or account on file with us via Stripe, with enough funds available to be billed for your payout to the Brandy platform. We may charge a late fee for any bounced or missed payments, or send your unpaid debt to a collection agency if we are unable to collect within a reasonable amount of time after your card or account is declined for insufficient funds or expired or missing details.
Use of our Pixel or Tracking Code: You agree to install our tracking pixel or code on the order event of your website using the identifying key generated uniquely for your brand. You are responsible for the correct installation or request for help installing the Brandy Pixel during the onboarding process. You understand that you will responsible for any payouts on qualifying orders reported to the platform upon installing our Pixel in association with your registered, authenticated account, and that it remains active in reporting order data to us while it is installed on your site.
Your Visibility and Participation: You understand that it is your right to be visible and market with or to consumer users on the platform by toggling on or off of the “Spend” feature in your Brand Dashboard or by alerting us at Brandy by emailing theteam@itsbrandy.io.
Relationships with Other Users & Brands
You agree to the following rules around your relationships with other brands users of Brandy:
Sole Responsibility: You agree that the platform is not responsible for (and that we have no responsibility to you or to any third party for) your personalized statements about your brand on the platform.
Removing an endorsement by an endorsing consumer: You may report a user’s endorsing statement or endorsement of your brand if it is not in adherence to our Acceptable Use Policy, either through the app or by emailing us at theteam@itsbrandy.io.
Deleting your account: You may delete the account of a brand you manage with “owner” role at any time and in doing so any data associated with your brand will no longer be visible by users of the platform. You will be required to pay any outstanding or unpaid payouts to the platform for qualifying orders made before you deleted your account.
Removing your association with a brand on the platform as a marketer and account manager of that brand: You may choose to remove your association to a brand by emailing us with details on your credentials associated with that brand account, or from the “Remove me from this brand” feature in the app. If you are the owner of the account, brand participation and visibility on the platform will also end.
Disputes: If there is a dispute between you and another user over endorsing statements or any other issue, you agree we are under no obligation to become involved and that we will not be held liable for any such dispute. We are not liable for your relationship with users, and we won’t provide you with any legal advice regarding such matters.
Reporting a User: You can flag that a user that is violating our Terms of Use by sending an email to theteam@itsbrandy.io or using provided feedback and reporting features within the app. After you provide us with written notice of this violation, we will determine whether this user’s access to some or all of your newsletters should be suspended or terminated. We will also decide at our sole discretion whether this user’s access to Brandy, or earnings from their active endorsements will be suspended or terminated.
Support: You shall provide to us a current email address to which we may direct inquiries from other users and brands regarding your activity or concerns.
Acceptable Use Policy (AUP)
Please be sure to review our “Acceptable Use Policy” for a complete list of platform requirements, prohibited behavior, and prohibited content, as those rules are also incorporated into this Agreement by reference.
A Note About Content Guidelines
Brandy is a where consumers can get paid to recommend/endorse brands to peers. We host and celebrate a diverse range of thought and personalized statements on user endorsements and by brands within their profiles in the app. Our “Acceptable Use Policy” outlines what is and is not acceptable on Brandy. We have the exclusive right to interpret and enforce these guidelines, although we may consult outside experts, research, and industry best practices in doing so. If you encounter content that may be in breach of these guidelines or have any questions about them, you can email us at theteam@itsbrandy.io.
If we determine that any content is in breach of these guidelines, we may remove it, hide it from public view, or impose other restrictions. Our “Acceptable Use Policy” is an evolving document: we reserve the right to update our policies at our discretion and without notice.
Stripe
Brandy’s payments are processed through Stripe, which excludes certain types of businesses from using their service. Please refer to the Stripe Service Agreement (see the US agreement here) and Stripe’s restricted businesses for more information about restricted business categories and practices.
In General
We want Brandy to be a safe place for discussion and expression. At the same time, we believe that critique and discussion of controversial issues are part of robust discourse, so we work to find a reasonable balance between these two priorities. In all cases, Brandy does not allow harassment, threats, hate speech, or other offenses deemed inappropriate to our discretion.
Aug 15, 2024
Thank you for being a brand who wants to build your marketing army with the people of Brandy. Seriously, it’s an honor. Also, thanks for reading this (unless you’re looking to circumvent platform rules).
This Brand Marketing Agreement (“Agreement”) is a binding contract between you and Brandy Inc. (“we,” “us” or “our”, the “Brandy Platform”, “Brandy App”, “platform”, or “app”). It contains the rules and restrictions that govern your use of Brandy's platform features and services (referred to below simply as “Brandy”) to market your brand by word-of-mouth via consumers using our app. If you use Brandy for this purpose, you are an Marketer and will need to create a Brand account and verify your email as a marketer in association with a brand or multiple brands. In this Agreement, we refer to people that click on your Brand logo(s) from within the profiles of other Brandy users, “suggested brands” feature, links or QR codes generated within the app by authenticated app users who may or may not be endorsing you, as “endorsers” of your brand or “endorsing consumers” or “endorsing users.”
Using Brandy in any way means that you agree to this Agreement, and this Agreement will remain in effect while you use Brandy. This Agreement includes everything in this document, as well as those in the Terms of Use, Privacy Policy and all other rules and procedures that may be published from time to time by us on Brandy. In the event of any conflict between this Agreement and any other terms and conditions you have agreed to with Brandy, this Agreement will prevail with respect to its subject matter.
You must be of legal age to form a binding contract to use Brandy. If you aren’t, you need to get your parent’s or guardian’s permission to use Brandy, and your parent or guardian will agree to this Agreement on your behalf.
If you’re agreeing to this Agreement on behalf of an organization or entity, you must be authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).
If you don’t agree to all of the following, you may not use or access Brandy in any manner. If you have any questions, comments, or concerns regarding the Agreement or our products and services, please contact us at [](mailto:legal@beehiiv.com?)theteam@itsbrandy.io.
Ownership
First and foremost, you own any information you provide about your brand within the app. Any original statements you supply as a brand on the platform, information you upload, share, store, or otherwise provide to Brandy remains yours and is protected by copyright and any other applicable intellectual property laws.
However, please note that you agree to grant us a limited license to your content in order to enable us to operate Brandy. This license allows us to promote your content and help you succeed in generating revenue through purchases made by first time shoppers who are using Brandy to discover your brand via sharing features of other users on the platform.
Billing For Purchases Driven By The Brandy Platform
Any user of the brandy platform may choose to endorse your brand within the Brandy platform by sharing a link to your website or brand profile within the app unless you report a violation on their part of the Acceptable Use Policy. You will be billed for any user endorsements or shares within the platform resulting in a first purchase on your website by another Brandy user, unless we have found the user to have engaged with the platform in violation of the Acceptable Use Policy, which you may also report to us within the app or by emailing us at theteam@itsbrandy.io.
If you choose to create a profile for your brand on the Brandy Platform to be seen by consumers using the app, you agree to be billed for any user endorsements or shares resulting in first time purchases (which we will refer to as “qualifying orders”) on your website under the following terms:
Taxes: You agree that you shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to first time sales on your website attributed to users of the Brandy platform.
Payment Processor: During the term of this Agreement, you understand that you are subject to your bank account, debit or credit card’s processing times and terms.
Billing Frequency: You agree to be billed on the first day of the month for any qualifying orders attributed to sharing or endorsement by a user in the app in the previous calendar month.
Information Upon Request: You will provide us with all requested data or information about you and your legal ability to sell products or services on your website within the US. This includes all billing and tax identification information, and you will ensure this information is accurate and up-to-date.
Your Payout to the Platform: You are responsible for setting your payout as a commission to the Brandy platform for qualifying orders, expressed as a percentage which may vary for different Order Types (ex: “subscription,” “pre-order,” or “one-time-purchase”) associated with each line item in a qualifying order. You are responsible for keeping a verifiable payment card or account on file with us via Stripe, with enough funds available to be billed for your payout to the Brandy platform. We may charge a late fee for any bounced or missed payments, or send your unpaid debt to a collection agency if we are unable to collect within a reasonable amount of time after your card or account is declined for insufficient funds or expired or missing details.
Use of our Pixel or Tracking Code: You agree to install our tracking pixel or code on the order event of your website using the identifying key generated uniquely for your brand. You are responsible for the correct installation or request for help installing the Brandy Pixel during the onboarding process. You understand that you will responsible for any payouts on qualifying orders reported to the platform upon installing our Pixel in association with your registered, authenticated account, and that it remains active in reporting order data to us while it is installed on your site.
Your Visibility and Participation: You understand that it is your right to be visible and market with or to consumer users on the platform by toggling on or off of the “Spend” feature in your Brand Dashboard or by alerting us at Brandy by emailing theteam@itsbrandy.io.
Relationships with Other Users & Brands
You agree to the following rules around your relationships with other brands users of Brandy:
Sole Responsibility: You agree that the platform is not responsible for (and that we have no responsibility to you or to any third party for) your personalized statements about your brand on the platform.
Removing an endorsement by an endorsing consumer: You may report a user’s endorsing statement or endorsement of your brand if it is not in adherence to our Acceptable Use Policy, either through the app or by emailing us at theteam@itsbrandy.io.
Deleting your account: You may delete the account of a brand you manage with “owner” role at any time and in doing so any data associated with your brand will no longer be visible by users of the platform. You will be required to pay any outstanding or unpaid payouts to the platform for qualifying orders made before you deleted your account.
Removing your association with a brand on the platform as a marketer and account manager of that brand: You may choose to remove your association to a brand by emailing us with details on your credentials associated with that brand account, or from the “Remove me from this brand” feature in the app. If you are the owner of the account, brand participation and visibility on the platform will also end.
Disputes: If there is a dispute between you and another user over endorsing statements or any other issue, you agree we are under no obligation to become involved and that we will not be held liable for any such dispute. We are not liable for your relationship with users, and we won’t provide you with any legal advice regarding such matters.
Reporting a User: You can flag that a user that is violating our Terms of Use by sending an email to theteam@itsbrandy.io or using provided feedback and reporting features within the app. After you provide us with written notice of this violation, we will determine whether this user’s access to some or all of your newsletters should be suspended or terminated. We will also decide at our sole discretion whether this user’s access to Brandy, or earnings from their active endorsements will be suspended or terminated.
Support: You shall provide to us a current email address to which we may direct inquiries from other users and brands regarding your activity or concerns.
Acceptable Use Policy (AUP)
Please be sure to review our “Acceptable Use Policy” for a complete list of platform requirements, prohibited behavior, and prohibited content, as those rules are also incorporated into this Agreement by reference.
A Note About Content Guidelines
Brandy is a where consumers can get paid to recommend/endorse brands to peers. We host and celebrate a diverse range of thought and personalized statements on user endorsements and by brands within their profiles in the app. Our “Acceptable Use Policy” outlines what is and is not acceptable on Brandy. We have the exclusive right to interpret and enforce these guidelines, although we may consult outside experts, research, and industry best practices in doing so. If you encounter content that may be in breach of these guidelines or have any questions about them, you can email us at theteam@itsbrandy.io.
If we determine that any content is in breach of these guidelines, we may remove it, hide it from public view, or impose other restrictions. Our “Acceptable Use Policy” is an evolving document: we reserve the right to update our policies at our discretion and without notice.
Stripe
Brandy’s payments are processed through Stripe, which excludes certain types of businesses from using their service. Please refer to the Stripe Service Agreement (see the US agreement here) and Stripe’s restricted businesses for more information about restricted business categories and practices.
In General
We want Brandy to be a safe place for discussion and expression. At the same time, we believe that critique and discussion of controversial issues are part of robust discourse, so we work to find a reasonable balance between these two priorities. In all cases, Brandy does not allow harassment, threats, hate speech, or other offenses deemed inappropriate to our discretion.