Panic Fam Terms of service

OVERVIEW

This website is operated by Panic Brand LLC. Throughout the site, the terms “we”, “us” and “our” refer to Panic Brand LLC. Panic Brand LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are Affiliates, browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our Affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following Affiliate Agreement with you in mind, as well as to protect our company's good name.

As an authorized Affiliate (Affiliate) of Panic Brand LLC, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Panic Brand as an Affiliate. You may print this page for your records.

Your participation in the program is solely to legally advertise our website and apparel to receive a commission on memberships and products purchased by individuals referred to Panic Brand by your own YouTube content, Instagram account, social network accounts, blogs and hyperlinks.

By signing up for the Panic Fam Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

SECTION 1 - APPROVAL OR REJECTION OF THE APPLICATION

We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

SECTION 2 - COMMISSIONS

Panic Fam uses a third party to handle all of the tracking and payment. The third party is Genius Referrals. Kindly review the network’s payment terms and conditions.

You cannot refer yourself, and you will not receive a commission on your own accounts.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

SECTION 3 - TERMINATION

Your Affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

  • - Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
  • - Spamming (mass email, mass newsgroup posting, etc.).
  • - Advertising on sites containing or promoting illegal activities.
  • - Failure to disclose the Affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
  • - Violation of intellectual property rights. Panic Brand reserves the right to require license agreements from those who employ trademarks of Panic Brand in order to protect our intellectual property rights.
  • - Offering rebates, coupons or other forms of promised kick-backs from your Affiliate commission as an incentive. Adding bonuses or bundling other products with Panic Brand, however, is acceptable.
  • - Self referrals, fraudulent transactions, suspected Affiliate fraud.

In addition to the foregoing, Panic Fam reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to notify you further of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Panic Fam Affiliate Program.

SECTION 4 - AFFILIATE OBLIGATIONS

  • - 4.1. To begin the enrollment process, you will complete and submit the online application at the panic brand.com server. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
  • - 4.1.1. Promotes violence
  • - 4.1.2. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • - 4.1.3. Promotes illegal activities
  • - 4.1.4. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
  • - 4.1.5. Is otherwise in any way unlawful, harmful, threatening, defamatory, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
  • - 4.1.6. Contains software downloads that potentially enable diversions of commission from other Affiliates in our program.
  • - 4.1.7. You may not create or design your website or blog or any other website or blog that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are panicbrand.com or any other Affiliated business.
  • - 4.2. As a member of Panic Fam’s Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published Affiliate documents and receive a personalized coupon code. In order for us to accurately keep track of all guest visits, you must use the personalized coupon code that we provide for each video, text link, or other Affiliate link we provide you with.

- Panic Fam reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

- The maintenance and the updating of your blog will be your responsibility. We may monitor your blog and/or YouTube channel as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

- It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.

SECTION 5 - AFFILIATE LINKS

You may use graphic and text links both on your website and within your YouTube videos. You may also advertise the Panic Brand site on Instagram, Facebook, online blogs and Twitter dependent on their terms of service.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions of our Branding Guidelines and not in violation as outlined in Conditions 3 and 4.

SECTION 6 - GRANT OF LICENSES

We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Panic Fam’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of panicbrand.com and the good will associated therewith will inure to the sole benefit of Panic Brand.

Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

SECTION 7 - COUPON AND DEAL SITES

Below are the terms that apply for any Affiliate who is considering the promotion of our products in relation to a deal or coupon:

  • - Affiliates may not use misleading text on Affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific Affiliate.
  • - Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set Affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
  • - Affiliate links may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

SECTION 8 - LIABILITY

Panic Brand will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Panic Brand. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

SECTION 9 - TERM OF THE AGREEMENT

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Panic Fam's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Panic Fam's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

SECTION 10 - REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  • - This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
  • - You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
  • - You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

SECTION 11 - INDEMNIFICATION

Affiliate shall indemnify and hold harmless Panic Brand and its Affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Panic Brand to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose or intentional misconduct of Affiliate.

SECTION 12 - GOVERNING LAW, JURISDICTION, AND ATTORNEY FEES

This Agreement shall be governed by and construed in accordance with the laws of the United States and the state of Wyoming. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Wyoming.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

SECTION 13 - ELECTRONIC SIGNATURES EFFECTIVE

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Panic Fam Affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Panic Fam application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

SECTION 14 - MISCELLANEOUS

You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Panic Brand. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or otherwise, that reasonably would contradict anything in this Section.

Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

This Agreement shall be governed by and interpreted in accordance with the laws of the state of Wyoming with regard to the conflicts of laws and principles thereof.

You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

This Agreement represents the entire Agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement shall have full force and effect.

SECTION 15 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@panicbrand.com.