Affiliate Agreement

Last updated: March 19th, 2019

Affiliates must not send unsolicited emails and must comply with the CAN-SPAM act, and any applicable laws in your jurisdiction.

  • Affiliates must not register and/or use domains with the wording: "Basil & Bark,"  “Digital Product Boss,” or any of its other properties, or any similar term contained within such domains.

  • Affiliates must not disparage or misrepresent Basil & Bark, Digital Product Boss, Alysha Demarsh, or any of its other properties in anyway, in particular using words like "scam" or "rip-off."

  • Affiliates must not bid on or otherwise attempt to acquire any rights in Basil & Bark or any of its other properties for copyrights, service marks, or trademarks.

  • Affiliates must not promote Basil & Bark, Digital Product Shop or any of its other properties on or through any sites with inappropriate content, as determined by Alysha DeMarsh, sole proprietor of Basil & Bark.

  • 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.

Terms and Conditions

Introduction

This Affiliate Program Agreement ("Agreement") is between an Affiliate ("you," "your") and Alysha DeMarsh, sole proprietor of Basil & Bark Design and Strategy ("we," "our," "the company," “Basil & Bark”). 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 webmaster or Internet marketer who takes on the role of promoting the Basil & Bark customizable templates.

How does this affiliate program work?

To participate in the Affiliate Program, you must apply to be an Affiliate, which enables you to create an Affiliate Link. An "Affiliate Link" is defined as a web URL or hyperlink which contains (either within the link or via any redirect or link-cloaking software) the Affiliate's ID with the intention of tracking referred traffic to Basil & Bark or any of its properties. When an Affiliate directs or sends a prospective buyer to Basil & Bark or related website(s), or any of our other properties via a correctly formatted Affiliate Link and that visitor then purchases a product from Basil & Bark or any of our other properties - the Affiliate will receive a commission from Basil & Bark or any of our other properties on the sale of that product (the "Commission"). All Commissions are paid in US dollars.

Payments

We pay affiliate commissions via PayPal within the first five days of each month.

Once you start sharing your affiliate link with others, you will be able to see the following information in the Affiliate Center on the Link Tracking Stats tab:

  • Number of people who have clicked on your links.

  • Number of sales you've referred.

For your latest sales numbers, please check your ledger.

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, contact affiliates@basilandbark.com.

Affiliate responsibilities

Providing correct information

You are responsible for providing Basil & Bark 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.

Username and password

Your login credentials (username and password) are personal to you. You must always maintain confidentiality and not disclose them to any third party. You agree that you are solely responsible for any use of the Basil & Bark, or any of our other properties by any person using your username and password. You agree to indemnify Basil & Bark against any claims arising out of your failure to maintain the confidentiality of your username or password. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity. Basil & Bark or any of our other properties will not be liable for any loss you may incur as a result of someone else using your password or account (either with or without your knowledge). You agree to notify us immediately of any unauthorized use of your account or any other breach of security so we may attempt to remedy the situation in our platform.

Prohibited actions

You agree not to:

  • Purchase from Basil & Bark or related courses using your own personal affiliate link. To clarify, you, as an affiliate, cannot register yourself as a referral.

  • Misrepresent Basil & Bark, Digital Product Boss, Alysha DeMarsh, or any of our other properties, products, or services.

  • Disparage Basil & Bark, Digital Product Boss, Alysha DeMarsh, or any of our other properties, the Basil & Bark website, or any Basil & Bark-affiliated products including, without limitation, any references to Basil & Bark, Digital Product Boss, Alysha DeMarsh, 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 Basil & Bark or the Basil & Bark website whether by way of a virus, corrupted file or through use of any other software or program.

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 link

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

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 Basil & Bark, related courses, 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 Basil & Bark, Digital Product Boss, Alysha DeMarsh, 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 Basil & Bark, 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 Basil & Bark, any of our other properties, or the Affiliate Program.

Use of IP

You may use the particular logos and images to which Basil & Bark or any of our other properties grants you access within the "Affiliate Resource" 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 courses, Facebook Group or Basil & Bark UNLESS it is your own information that you have personally shared with the group.

Brand name

You are not permitted to purchase, bid on, or otherwise attempt to acquire any "Basil & Bark brand name keywords" with respect to Internet search engines; create or use any Facebook pages with "Basil & Bark" in the brand name or URL; or register or use domains that include the wording "Basil & Bark" or any similar wording in the root part of the domain (between the "www" and "com/net/etc." Basil & Bark brand name keywords or similar wording includes "Basil & Bark" and any misspelling or variation of "Basil & Bark" including without limitation "Basil & Bark," "Basil and Bark," 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 Basil & Bark 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 Basil & Bark, courses, 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 websites 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 Georgia the United States of America (USA) and the courts of Georgia, 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 Basil & Bark brand, the The Basil & Bark (courses) 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 us at affiliates@basilandbark.com.

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 Basil & Bark (for example, by including a statement to that effect prominently on your site).

  • Request logos from affiliates@basilandbark.com (provide the website URL, Twitter handle, or Facebook user profile + URL of the pages that will use the logo).

  • Size the brand logo inside photos as follows:

    • Twitter header: no more than 75px x 75px

    • Facebook header: no more than 160px x 160px

    • In a tweet or a post: no more than 25%

  • 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

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.

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 us at affiliates@basilandbark.com for questions

In general

You may not use the real names of our students, 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 student.

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

You may not advertise or promote Basil & Bark, courses, 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;

  • May be owned or maintained by the operator of a SIN Stock as defined here: http://sinstocksreport.com/list-of-sin-stocks/.

  • 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.

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

Contact information

If you have any questions, please contact me at alysha@basilandbark.com. Thank you!