Logo Design Company - Affiliate Terms & Conditions

By entering into any contract or agreement with LogoDesignXperts for products and/or services to be provided by LogoDesignXperts, including without limitation ordering any products or services through the LogoDesignXperts web site and/or participating in any affiliate program offered from time to time by LogoDesignXperts (hereinafter referred to as your “Contract” with LogoDesignXperts), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”).

For purposes of these Terms and Conditions, references to the products and/or services provided by LogoDesignXperts shall include, without limitation, logos, designs, names, graphics or similar materials or information, whether or not protectable, corporate gift items, printing services, web design, screen savers, stationery, brochures, marketing materials and other design services, all affiliate programs offered by LogoDesignXperts from time to time and any and all future product or service offerings of LogoDesignXperts.

If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from LogoDesignXperts, participate in any affiliate program offered by LogoDesignXperts, or enter into your Contract with LogoDesignXperts. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.

LogoDesignXperts reserves the right to modify, amend, update and change these Terms and Conditions and will supply email or other means to our affiliates of these changes. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that LogoDesignXperts shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.

LOGO DESIGN TECHNICALITIES
The logo designed will have a CMYK color model. If Pantone colors are needed the exact values should be specified.
The source file will be .ai [Adobe Illustrator 10], which will be converted to curve and thus allow editing of size, color etc but the fonts will be converted into paths/outlines/graphic objects.

Other formats sent will be:
• Adobe Photo Shop / Freehand 10
• JPEG (for screen view)
• TIFF (CMYK Printable)
• GIF(RGB color file with transparent background)

PAYMENT
Payment in full for any and all products and services to be provided by LogoDesignXperts under your Contract is due in advance of the commencement of any work by LogoDesignXperts unless otherwise agreed upon by LogoDesignXperts. LogoDesignXperts shall be entitled, in its sole and absolute discretion, to withhold any products or services it is otherwise obligated to deliver or provide under your Contract until such time as payment in full has been received therefor. LogoDesignXperts.com will notify you of any additional charges under your Contract prior to commencing performance of its obligations thereunder.

In any event, any deposited funds for a project shall not be subject to a refund after delivery of the 1st set of logos. Unless LogoDesignXperts cancels or terminates your Contract for a reason other than your breach or non-performance, LogoDesignXperts shall not refund any portion of your purchase price. If for any reason a refund is granted, LogoDesignXperts shall be entitled to retain any and all initial deposits previously received as payment for services that have been rendered.

LogoDesignXperts will only refund your money if its management team has deemed that LogoDesignXperts has not delivered products or services in an efficient and effective manner as promised.

DELIVERY AND ACCEPTANCE
Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, LogoDesignXperts shall deliver your product and/or service to a temporary location designated by LogoDesignXperts for your review. LogoDesignXperts will notify you via e-mail of such completion and delivery, and the manner in which you may access the temporary location for purposes of reviewing your product and/or service. You shall have 60 business days from the date of delivery to said temporary location to notify LogoDesignXperts in writing of your acceptance or rejection of the product and/or service. Your failure to notify LogoDesignXperts in writing of your rejection of the product and/or service within said 60 day period shall constitute your acceptance of the product and/or service. In the event you reject the product and/or service, you shall notify LogoDesignXperts in writing of your rejection within said 60 day period, including a detailed explanation for such rejection, following which LogoDesignXperts shall use commercially reasonable efforts to provide a substitute or replacement product or service as soon as practicable. Upon your written acceptance of the product or service, or any substitute or replacement product or service, LogoDesignXperts shall release and deliver the same to you, to such location and in such format as agreed upon in your Contract. This project will be determined to be closed if we do not have written, phone or in person contact from 60 days from the last revision. The project may be re-opened only upon LogoDesignXperts’s discretion.

PROPRIETARY RIGHTS
You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to LogoDesignXperts in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos and similar materials or information.

LOGODESIGNXperts MAKES NO REPRESENTATION OR WARRANTY THAT IT HAS THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS AND/OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS AND/OR SERVICES DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. LOGODESIGNXPERTS WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS AND/OR SERVICES TO BE DELIVERED UNDER YOUR CONTRACT, AND WILL DELIVER THE SAME “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO YOUR ABILITY TO USE SUCH PRODUCTS AND/OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS AND/OR SERVICES, IN THE UNITED STATES OR ANY OTHER JURISDICTION.

Upon your acceptance of the product or service and LogoDesignXperts’s receipt of payment in full therefor, LogoDesignXperts will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by LogoDesignXperts for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by LogoDesignXperts and accepted by you shall at all times remain the property of LogoDesignXperts and you shall have no right in or to such products or services.

LogoDesignXperts retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by LogoDesignXperts for display and self-promotional purposes, regardless of your acceptance and LogoDesignXperts’s delivery of the same to you.

TERMINATION
LogoDesignXperts reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by LogoDesignXperts, your participation in any affiliate program offered by LogoDesignXperts, your Contract and/or your access to the LogoDesignXperts Site web site, at any time and without prior notice. You agree that LogoDesignXperts shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your participation in any affiliate program, your Contract or your access to the LogoDesignXperts web site. In the event that LogoDesignXperts rejects, cancels or terminates your Contract, your participation in any affiliate program or your order for a reason other than your breach or non-performance under your Contract, LogoDesignXperts will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.

DISCLAIMER OF WARRANTIES
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY LOGODESIGNXPERTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, LOGODESIGNXPERTS HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. LOGODESIGNXPERTS MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. LOGODESIGNXPERTS DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY LOGODESIGNXPERTS WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LOGODESIGNXPERTS OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, YOUR PARTICIPATION IN ANY AFFILIATE PROGRAM OFFERED BY LOGODESIGNXPERTS, OR THE PRODUCTS OR SERVICES PROVIDED BY LOGODESIGNXPERTS TO YOU, EVEN IF LOGODESIGNXPERTS HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, LOGODESIGNXPERTS’S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF YOUR CONTRACT, YOUR PARTICIPATION IN ANY AFFILIATE PROGRAM OFFERED BY LOGODESIGNXPERTS, OR LOGODESIGNXPERTS’S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO LOGODESIGNXPERTS UNDER YOUR CONTRACT, PURSUANT TO SUCH AFFILIATE PROGRAM, OR FOR SUCH PRODUCTS OR SERVICES.

INDEMNIFICATION
You agree to indemnify and hold LogoDesignXperts, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by LogoDesignXperts in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, (ii) your use of any of the products or services provided by LogoDesignXperts pursuant to your Contract, or (iii) your participation in any affiliate program offered by LogoDesignXperts.

COPYRIGHT AND TRADEMARK NOTICES
All intellectual property of LogoDesignXperts, including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by LogoDesignXperts in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of LogoDesignXperts is strictly prohibited.

GOVERNING LAW
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Delaware. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Delaware regarding any and all disputes relating to your Contract or these Terms and Conditions.

GENERAL
These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and LogoDesignXperts regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and LogoDesignXperts regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon LogoDesignXperts unless otherwise agreed to by LogoDesignXperts in writing. The failure of LogoDesignXperts to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Myself and my team await your business - we always work beyond the brief and provide customer satisfaction beyond expectations. Get in touch with us now, and see what we can do for you.

Customer satisfaction is our passion.

Any questions concerning these Terms and Conditions should be directed to:

George Williams
Legal Adviser
support@logodesignxperts.com
LogoDesignXperts.com