Endorser Agreement
Version
1.1
WOW thank you for signing up for Brandy. We are happy to have you. Also, thank you for being a person who reads legal documents.
This Endorser 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 products and services (referred to below simply as “Brandy”) to recommend brands to other users through your endorsement in the app. If you use Brandy for this purpose, you are an Endorser and will need to create an Endorser account. In this Agreement, we refer to people that click on Brand logos in your profile, endorsement on Brand profiles in the app, or receiving notifications of your shared, verified shopping activity as “other 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 statements you make within the app. Any original statements you supply as endorsement for 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 earning commission on your endorsement on Brandy.
Payments for Earnings on Your Endorsements
You may endorse any brand on Brandy, or choose to remove your endorsement at your discretion through your registered user account in the Brandy app. You may not be paid for endorsements for Brands with accounts on Brandy that occur outside of the app.
If you choose to endorse a brand on the platform either by QR code, link, or through your profile, and earn a commission off of attributed sales driven by your account, you agree to the following:
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 your earnings through Brandy.
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.
Information Upon Request: You will provide us with all requested data or information about you and your legal ability to earn a commission on your brand endorsements. This includes all payment and tax identification information, and you will ensure this information is accurate and up-to-date.
Your Commission: You will receive a commission for your shared endorsement of a brand with another authenticated user either by:
link or QR code within the app.
You may also receive commission when Brandy shares your endorsement within the app when a brand you endorse is shown with your avatar as a suggested brand by the platform.
You will receive a commission based on the platform payout determined by the brand for each order type (ex: “subscription”, “one-time-purchase”, “pre-order”, etc) associated with each item in your referred shopper’s first purchase. Payments to the account you have provided will occur on or around the 15th of the month for any first time purchases driven by your endorsement in the previous calendar month.
Relationships with Other Users & Brands
You agree to the following rules around your relationships with brands other users of Brandy:
Sole Responsibility: You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) your personalized statements when endorsing a brand on the platform.
Removing your endorsement of a brand or deleting your account: You may remove your endorsement of any brand at any time from your user profile or endorsing statement from the respective brand profile. You may delete your account at any time, and in doing so your endorsements and statements provided with your endorsements of any and all brands will no longer be visible by other users or brands. You will not receive any earnings from commissions on your brand endorsements upon deleting your endorsement or account.
Disputes: If there is a dispute between you and a brand about payments 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 brands, 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 for endorsement. 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
WOW thank you for signing up for Brandy. We are happy to have you. Also, thank you for being a person who reads legal documents.
This Endorser 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 products and services (referred to below simply as “Brandy”) to recommend brands to other users through your endorsement in the app. If you use Brandy for this purpose, you are an Endorser and will need to create an Endorser account. In this Agreement, we refer to people that click on Brand logos in your profile, endorsement on Brand profiles in the app, or receiving notifications of your shared, verified shopping activity as “other 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 statements you make within the app. Any original statements you supply as endorsement for 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 earning commission on your endorsement on Brandy.
Payments for Earnings on Your Endorsements
You may endorse any brand on Brandy, or choose to remove your endorsement at your discretion through your registered user account in the Brandy app. You may not be paid for endorsements for Brands with accounts on Brandy that occur outside of the app.
If you choose to endorse a brand on the platform either by QR code, link, or through your profile, and earn a commission off of attributed sales driven by your account, you agree to the following:
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 your earnings through Brandy.
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.
Information Upon Request: You will provide us with all requested data or information about you and your legal ability to earn a commission on your brand endorsements. This includes all payment and tax identification information, and you will ensure this information is accurate and up-to-date.
Your Commission: You will receive a commission for your shared endorsement of a brand with another authenticated user either by:
link or QR code within the app.
You may also receive commission when Brandy shares your endorsement within the app when a brand you endorse is shown with your avatar as a suggested brand by the platform.
You will receive a commission based on the platform payout determined by the brand for each order type (ex: “subscription”, “one-time-purchase”, “pre-order”, etc) associated with each item in your referred shopper’s first purchase. Payments to the account you have provided will occur on or around the 15th of the month for any first time purchases driven by your endorsement in the previous calendar month.
Relationships with Other Users & Brands
You agree to the following rules around your relationships with brands other users of Brandy:
Sole Responsibility: You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) your personalized statements when endorsing a brand on the platform.
Removing your endorsement of a brand or deleting your account: You may remove your endorsement of any brand at any time from your user profile or endorsing statement from the respective brand profile. You may delete your account at any time, and in doing so your endorsements and statements provided with your endorsements of any and all brands will no longer be visible by other users or brands. You will not receive any earnings from commissions on your brand endorsements upon deleting your endorsement or account.
Disputes: If there is a dispute between you and a brand about payments 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 brands, 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 for endorsement. 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.