BrandPublic's Terms and Conditions


Welcome to BRANDPUBLIC!


These terms and conditions outline the rules and regulations for the use of BRANDPUBLIC’s Website, located at https://www.BrandPublic.uk.

By accessing this website we assume you accept these terms and conditions. Do not continue to use BRANDPUBLIC if you do not agree to take all of the terms and conditions stated on this page.


1. Copyright Notice Copyright and other relevant intellectual property rights exist on all text relating to the services provided and the full content of this website.


2. License Unless otherwise stated, BRANDPUBLIC and/or its licensors own the intellectual property rights for all material on BRANDPUBLIC. All intellectual property rights are reserved. You may access this from BRANDPUBLIC for your own personal use subject to restrictions set in these terms and conditions.

You must not:

• Republish material from BRANDPUBLIC

• Sell, rent or sub-license material from BRANDPUBLIC

• Reproduce, duplicate or copy material from BRANDPUBLIC

• Redistribute content from BRANDPUBLIC


3. User Comments Certain parts of this website offer the opportunity for users to post and exchange opinions and information in certain areas of the website. BRANDPUBLIC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of BRANDPUBLIC , its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, BRANDPUBLIC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.


4. Hyperlinking to our Content The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

5. iFrames Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.


6. Your Privacy Please read our Privacy Policy.


7. Reservation of Rights We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.


8. Removal of links from our website If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.


9. Disclaimer To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.


BrandPublic OEM Service Agreement for SEO/SEM/Development Services


PLEASE READ THE ENTIRE AGREEMENT.

YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BRANDPUBLIC,  (DBA BRANDPUBLIC)

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.


1. Overview

This Agreement contains the complete terms and conditions that apply to you becoming an OEM Partner in BrandPublic’s Agency Program. The purpose of this Agreement is to allow lead generation and sales between you and the BrandPublic. Please note that throughout this Agreement, “we,” “us,” and “our” refer to BrandPublic, and “you,” “your,” and “yours” refer to the Agency.

2. Agency Obligations

2.1. To begin the enrollment process, you will complete and submit the online application at the www.BrandPublic.uk server. The fact that we 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 methods or activities are unsuitable for our Program, including if it:

2.1.1. Promotes sexually explicit materials

2.1.2. Promotes violence

2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

2.1.4. Promotes illegal activities

2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law

2.1.6. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.

2.2. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your activities. 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.


3. BrandPublic Rights and Obligations

3.1. BrandPublic reserves the right to terminate this Agreement and your participation in the BrandPublic Agency Program immediately and without notice to you should you commit fraud in your use of the BrandPublic Agency Program or should you abuse this program in any way. If such fraud or abuse is detected, BrandPublic shall not be liable to you for any commissions for such fraudulent sales.

3.2. This Agreement will begin upon our acceptance of your OEM Agency application, and will continue unless terminated hereunder.


4. Termination

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

5. Modification

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 BrandPublic’s Agency Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in BrandPublic’s Agency Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

6. Payment

BrandPublic uses PayPal and BrandPublic CORE to handle all of the tracking and payment. Kindly review the payment terms and conditions at PayPal.


7. Promotion Restrictions

7.1. You are free to promote your own websites, but naturally any promotion that mentions BrandPublic could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by BrandPublic. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote BrandPublic so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote BrandPublic so long as the news group specifically welcomes commercial messages. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the BrandPublic Agency Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

7.2. Agency shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchant’s site (i.e., no page from our site or any BrandPublic’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of the Agency and non-Agency tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of BrandPublic’s site in IFrames, hidden links and automatic pop ups that open BrandPublic’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Agency banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.


8. Grant of Licenses

8.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site and service materials 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 BrandPublic’s Agency Program. You agree that all uses of the Licensed Materials will be on behalf of BrandPublic and the goodwill associated therewith will inure to the sole benefit of BrandPublic.

8.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene 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.


9. Disclaimer

BRANDPUBLIC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BRANDPUBLIC SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BRANDPUBLIC ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.


10. Representations and Warranties

You represent and warrant that:

10.1. 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;

10.2. 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;

10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.


11. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL BRANDPUBLIC’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.


12. Indemnification

You hereby agree to indemnify and hold harmless BrandPublic, and its subsidiaries and Agency associates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Agency, BrandPublic or CORE trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.


13. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.


14. Miscellaneous

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

14.2. 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.

14.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Nevada without regard to the conflicts of laws and principles thereof.

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

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

14.6. 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.

14.7. 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.


BrandPublic Fulfillment Policy


1. Refund Policy BrandPublic is committed to ensuring the satisfaction of our clients. We offer a 100% satisfaction 30-day money-back guarantee for the first month of monthly services. Clients can cancel their service within 7 days of any order for a full refund. Please note, that no refunds will be issued for orders cancelled beyond the 7-day window for reasons beyond a satisfaction guarantee for the first month of service.

2. Delivery Policy As a digital service provider, BrandPublic delivers services via online platforms. Upon purchasing our services, clients will receive an initial consultation to establish the scope and expectations of the service. All service deliverables will be communicated through email or our client portal, including reports, strategic plans, and performance analyses.

3. Return Policy Due to the nature of digital marketing services, BrandPublic does not offer returns as our services involve customised work and intellectual property that cannot be returned once delivered. However, we are dedicated to working closely with our clients to ensure service satisfaction and performance improvements.

4. Cancellation Policy Clients may cancel their subscriptions or services with BrandPublic at any time. Cancellations must be submitted in writing at least 7 days before the next billing cycle to avoid charges for the next period.  Subscriptions can also be cancelled through the Subscription Page on the BrandPublic platform (sign-in required) at any time. For subscriptions cancelled within this timeframe, no further payments will be taken, and the service will be discontinued at the end of the current billing period.


Service Guarantee BrandPublic offers a 3-month results guarantee on SEO campaigns, meaning if no improvements in keywords are observed after the client has implemented all recommended on-page and off-page optimisations, we will continue to provide our services at no additional charge until improvements are seen. This guarantee is conditional upon the client’s full cooperation and adherence to our expert recommendations, including but not limited to having all on-page/off-page optimisations and recommendations followed, and the client did not receive a single improvement in any keyword.


Additional Information If you have specific questions or need further clarification regarding our fulfilment policies, please contact our customer service team. We are here to help you navigate your digital marketing journey with us.