Brand Designer Toolkit

Brand Designer Toolkit Affiliate Agreement
THIS AFFILIATE AGREEMENT (the "Agreement"), is by and between Quixotic Design Co., a California LLC (hereinafter “Quixotic Design Co.”) and the Affiliate, (hereafter referred to as "you”, “your”) (sometimes individually referred to as a "Party" and collectively as "Parties").
WHEREAS, Quixotic Design Co. and the Affiliate have agreed to create an affiliation between them in which Quixotic Design Co. and the Affiliate will share the revenue created by the sale of any Brand Designer Toolkit located at www.quixoticdesignco.com purchased using the Affiliate Code or URL assigned to the Affiliate.
NOW THEREFORE, toward this end, and in consideration of the promises, covenants and agreements contained herein, and the mutual benefits to be derived from this Agreement, the Parties agree as follows:
General Reminders
Affiliates must not send unsolicited emails and must comply with the CAN-SPAM act, and any applicable laws in the Affiliate’s jurisdiction.
Affiliates must not register and/or use domains with the wording: Quixotic Design Co., Brand Designer Toolkit, quixoticdesignco.com/branddesignertoolkit, or any similar term contained within such domains.
Affiliates must not disparage or misrepresent Quixotic Design Co., Meredith Cancilla, The Brand Designer Toolkit, Dream Big Designer, or the High Ticket Designer Masterclass 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 The Brand Designer Toolkit, Quixotic Design Co., or any of its other properties for copyrights, service marks, or trademarks.
Affiliates must not promote the Brand Designer Toolkit or any of its other properties on or through any sites with inappropriate content, as determined by Quixotic Design Co.
As an Affiliate, you are solely responsible for the results of your actions.
You must be 18 years old to participate in this affiliate program.
You cannot transfer your rights under this Agreement to any non-party to this Agreement.
Role of the Affiliate
The Affiliate is an Internet marketer or other individual who has voluntarily chosen to take on the role of promoting the Brand Designer Toolkit available here: https://www.quixoticdesignco.com/branddesignertoolkit.
As an Affiliate, you will be provided with an Affiliate URL specific to you with the intention of tracking referred traffic to the Brand Designer Toolkit (“Affiliate URL”). Your Affiliate URL will provide a 15% commission off the purchase price of The Brand Designer Toolkit available on QuixoticDesignCo.com. When an Affiliate directs or sends a prospective buyer to The Brand Designer Toolkit sales page or QuixoticDesignCo.com and that visitor then purchases a Brand Designer Toolkit from Quixotic Design Co., the Affiliate will receive a commission from Quixotic Design Co. on the sale of that Brand Designer Toolkit (the "Commission").]
The Affiliate will receive a commission of 15% of the purchase price of any Brand Designer Toolkit purchased using the Affiliate’s code. All Commissions are paid in US dollars.
Payments
The Affiliate’s Commission on each sale will be paid out 10 days after the consumer’s purchase using the Affiliate Code has been processed. All payouts will be delivered via PayPal. Should an issue arise regarding the timing of your payout, Quixotic Design Co. will contact you immediately.
The Affiliate’s Account and record of sales is available to view at https://quixoticdesignco.thrivecart.com/brand-designer-toolkit/partner/.
Chargebacks
If Quixotic Design Co. is charged back (due to a customer refund) at any time up to 12 months from the date of sale, Quixotic Design Co. will charge Affiliate back for that Commission.

If you have questions about Commissions, contact hello@quixoticdesignco.com.
Affiliate Responsibilities
Information
The Affiliate is responsible for providing Quixotic Design Co. with the correct contact information at the time that Affiliate registers for the Affiliate Program, and Affiliate must keep their contact information up-to-date at all times. Failure to provide Quixotic Design Co. with correct contact information could result in the suspension of your Affiliate Program account because Quixotic Design Co. may be unable to contact you regarding important issues concerning the Affiliate Program and your participation therein. Additionally, payments may be delayed if you provide Quixotic Design Co. with the wrong information. If you become aware that you have provided incorrect contact information or if your contact information becomes out-of-date, you must immediately contact Quixotic Design Co. and provide correct contact information:
Prohibited Actions
You agree not to:
Misrepresent Quixotic Design Co., The Brand Designer Toolkit, or any other properties, products, or services related to the aforementioned.
Disparage Quixotic Design Co., the Brand Designer Toolkit, or any Quixotic Design Co.-affiliated products including, without limitation, any references to Quixotic Design Co.] 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 The Brand Designer Toolkit, Quixotic Design Co., or https://www.quixoticdesignco.com/ whether by way of a virus, corrupted file or through use of any other software or program.
Use the “in Partnership with” function on Instagram.
Run advertising to promote The Brand Designer Toolkit, Quixotic Design Co., or any of the products or services listed on https://www.quixoticdesignco.com/, including but not limited to: Facebook, Instagram, Pinterest, TikTok, Google, etc.
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FTC Guidelines
You agree to follow the FTC endorsement guidelines. For a guide on these rules, click below to read "The FTC's Revised Endorsement Guides: What People are Asking".
http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking
Spam
You agree to comply with all US Federal CAN-SPAM Acts. Quixotic Design Co. has a zero tolerance policy towards SPAM or any Affiliate associated with SPAM. At Quixotic Design Co. discretion, if it is established that the Affiliate is involved with SPAM in any way including creating, sending, or otherwise distributing SPAM, Quixotic Design Co. may immediately terminate your Affiliate Program account and you will forfeit all Commissions owed to you.
Affiliate URL
You are solely responsible for ensuring that your Affiliate URL is formatted correctly when
shared. Quixotic Design Co. is not responsible for your failure to receive any Commission due to the incorrect formatting or configuration of your Affiliate URL.
Email
If you unsubscribe from receiving emails from Quixotic Design Co., you
acknowledge and understand that you may not receive information or updates from Quixotic Design Co.. This is your responsibility to remain an email subscriber.
Intellectual Property
Ownership
Quixotic Design Co. reserves all rights in and to any current and/or future trademarks, service marks, copyrights, and other intellectual property rights that may exist on behalf of Quixotic Design Co. including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to Quixotic Design Co., or any of Quixotic Design Co., other properties or to Quixotic Design Co., licensors ("IP"). Affiliate must not use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of Quixotic Design Co., Intellectual Property except as expressly provided in this Agreement or with prior
written consent from Quixotic Design Co.
Modification and Display of IP
You are not permitted to make any changes to any of Quixotic Design Co.’s Intellectual Property including without limitation the logos and images from Quixotic Design Co. You must not display such items in any way that might be deemed distasteful or that defames or misrepresents Quixotic Design Co., The Brand Designer Toolkit, or the Affiliate Program.
Use of IP
The Affiliate may only use the particular images and description of the Brand Designer Toolkit available at https://www.quixoticdesignco.com/branddesignertoolkit.
You may NOT:
Re-post or re-produce any images, text, or any information from the website of Quixotic Design Co.
Download any images or videos belonging to Quixotic Design Co. and/or re-post them on YouTube, other video-sharing sites, Instagram, or anywhere else.
If you have questions about what you can and cannot use, please contact hello@quixoticdesignco.com
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Brand Name
You are not permitted to purchase, bid on, or otherwise attempt to acquire any “Brand Designer Toolkit" or “Quixotic Design Co.” with respect to Internet search engines; create or use any Facebook pages with “Brand Designer Toolkit" in the brand name or URL; or register or use domains that include the wording “Brand Designer Toolkit, Quixotic Design Co.” or any similar wording in the root part of the
domain (between the "www" and "com/net/etc.").
Guarantees, Liability and Disclaimers
Warranties
While Quixotic Design Co. endeavors to ensure that the website content is free from errors, Quixotic Design Co. does not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the material appearing on Quixotic Design Co. or beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, Quixotic Design Co. provides its website 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 Guaranteed Income
Quixotic Design Co. makes no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through the Affiliate’s participation in the Affiliate Program.
Limitation of Liability
To the extent legally permitted, in no event shall Quixotic Design Co. be liable as a result of Affiliate’s use of the Quixotic Design Co. landing page, website, 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 Quixotic Design Co. or its affiliates, distributors, licensors, or agents, or any of Quixotic Design Co. or its directors, employees, or agents have been advised of the possibility of such damages.
Indemnification
Your use of Quixotic Design Co. website and content are voluntary. You shall indemnify Quixotic Design Co. 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 Quixotic Design Co. websites and content or your failure to maintain the confidentiality or security of your password or access rights.
Term & Termination
Term
This Agreement is effective immediately upon execution of this Agreement by the Parties, and shall continue until the Affiliate requests termination or the Brand Designer Toolkit is removed from Quixotic Design Co.’s website, or 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 Quixotic Design Co. terminates this Agreement due to breach by Affiliate, Affiliate shall not be entitled to any outstanding Commission payments.
Miscellaneous
Waiver
Any waiver byQuixotic Design Co. of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.
Independent Contractor
Affiliate is 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
Quixotic Design Co. reserves the right to amend this Agreement as needed from time to time upon written agreement by the Parties.
Feedback
If you provide Quixotic Design Co. feedback about the website for Quixotic Design Co., or the Affiliate Program, you grant Quixotic Design Co. the right to use that feedback for the purpose of improving the website, or Affiliate Program (and for any other purpose Quixotic Design Co. deems necessary or desirable) without being obliged to pay you any compensation in respect of Quixotic Design Co. 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.
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.
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.
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Governing Law
This Agreement is governed by the laws of the state of California, the United States of
America (USA), and the courts of California, USA shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this Agreement.
Affiliate Branding
Quixotic Design Co. has a duty to define, protect, and evolve the Quixotic Design Co. brand, and all of the Quixotic Design Co. product and service brands. The following section presents the usage rules and branding guidelines to clarify what is permitted and acceptable when you promote The Brand Designer Toolkit. These may change from time to time, and Quixotic Design Co. will keep you updated these guidelines change. For all questions about brand usage, please contact Quixotic Design Co. at hello@quixoticdesignco.com
You are permitted to use the Brand Designer Toolkit brand name and product descriptions as described below, but you MUST follow the usage and placement rules as detailed below.
Usage Rules
Make it clear that you are a Third Party, in no way employed by Quixotic Design Co., and that your website/blog/Instagram is in no way owned, operated, maintained or otherwise directly associated with Brand Designer Toolkit (for example, by including a statement to that effect prominently on your site).
Request images from hello@quixoticdesignco.com (provide the website URL, Twitter handle, Facebook/Instagram user profile + URL of the pages that will use the logo).
Do not stretch, change the color of, or in any way recreate or alter Brand Designer Toolkit images.
Refrain from foul language or profanity.
Domain Names
You may NOT use any of Quixotic Design Co. or Brand Designer Toolkit brand names or variations thereof within a domain name. You are permitted to use Brand Designer Toolkit, brand names on your personal website/blog provided you follow Brand Designer Toolkit, usage and placement rules above.

Social Media Accounts
Twitter
You may NOT use any of the Quixotic Design Co. or Brand Designer Toolkit, 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
Facebook/Instagram
You may NOT use any of the Quixotic Design Co. or Brand Designer Toolkit, brand names or variations thereof or any Quixotic Design Co. or Brand Designer Toolkit image or logo within your page name (anything in the URL following facebook.com/ or instagram.com/ or in the title as it shows on the page) or profile photo.
In General
You may not use the real names of The Brand Designer Toolkit purchasers, make any financial claims or promises, or reveal privileged information.
You may not advertise or promote The Brand Designer Toolkit 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.