Promotional Materials and Intellectual Property
In plain English: Respect my intellectual property, I give you limited permission.
I reserve all my Intellectual Property Rights; and I provide my affiliates a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use my trademark and brand name, and such license is limited only to the use in promoting my artwork.
This means that you cannot use my Intellectual Property Rights with another brand name or as a bundled project. It also means that you cannot allow others to use the content I licensed to you.
You may only use my artwork in the promoting, and all promotional materials must include a link to my website.
In plain English: I may stop this relationship at any time.
I reserve the right to terminate your affiliation with Erik Brede Photography (i.e., your membership in the Program), at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect, at Erik Brede Photography’s sole discretion. When I terminate our relationship, you must cease using all of my Intellectual Property Rights.
Upon termination due to breach (save for termination due to inactivity), I shall retain all funds in your account.
Termination for Inactivity
In plain English: If your account is inactive for an extended period, I will terminate your account and only pay the outstanding balance if it is over $20.00.
In case I believe that your account is inactive, meaning it did not earn any commission or receive any visits using your referral link, then I may decide to close down your account. In such case, your pending balance, if not exceeding the payment threshold, will not be paid. I will not use this right without providing you notice of at least 14 days, allowing you the time to market and promote your referral links and restore your “active” status.
In plain English: I pay according to a specific cookie measurement; I can only pay for these people.
Each affiliate will be provided with a fixed affiliate commission that I will notify in writing. I may change this commission at any time based on my own discretion. Such changes will not be retroactive.
I pay my commission for qualified leads; a qualified lead is a new customer, who made a purchase of any of my artwork using your personal referral link.
The commission is calculated from the total payment minus shipping cost.
The means of tracking your qualified leads shall be by using a URL that includes your tracking tag I provide you.
In plain English: I will pay you according to my specific program.
Your commission is calculated only upon payment to you. Until then, the expected payment is not an obligation from me to you, but an estimation of future revenues.
I pay my affiliates about 50 days after a purchase is made if their commissions reach the threshold of $50. The payment shall be made via PayPal or any other method we agree upon.
Until the payment is made, the sums specified on your account are not considered debt, and shall not be paid until you reach that threshold.
The 50 days rule is to secure that the customer has received the artwork and are not using any return rights. If I provide a qualified lead with a refund, then the commission will not be paid.
You shall bear all taxes and expenses relating to the payment, including any fees and transaction cost which may be incurred by your bank or PayPal.
Each party shall bear its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.
In plain English: I will kick you out if you are a bad actor.
Without limiting my Trademark Guidelines, I consider the following as “bad practices” which are prohibited and will cause automatic termination of your participation in this program, as well as forfeiture of all sums you are entitled to.
Please note that if at any time I believe that you acted in bad faith or illegally, I may also cancel your participation and withhold all payments.
The following are considered bad practices: (i) using deceptive practices, encouraging users and contacts to click the URL or use of any automated means to create traffic; (ii) presenting yourself as a part of Erik Brede Photography; (iii) using the Erik Brede Photography brand in violation of the Trademark Guidelines or presenting unpermitted banners; (iv) using domain names that imply any link to the Erik Brede Photography brand; (v) spamming; (vi) buying traffic; (vii) using paid search or keyword advertising using my Intellectual Property Rights or brand name to drive traffic to your site or to the banners; (viii) making any changes to the Elementor plugin or including the tags, pixels and codes in items not related to Erik Brede Photography; (ix) offering coupons or discounts without my consent; (x) offering others a part of your commission
This list is non-exhaustive, and I may add any practice that I believe is bad. Bad Practices also include any illegal or unauthorized advertising, infringing intellectual property rights, invading users’ privacy, or otherwise using any advertising in violation of local laws and regulations.
In plain English: Don’t tell others how much you earned from the program.
Our relationship is confidential; meaning that your commission is confidential, the fact that I paid you is not. You should add a decent disclosure if required by law that you receive a commission for every purchase made from your link, but you should not tell others what is your specific commission.