Private Label Policy
If you violate this Policy, Boomerangme may suspend or terminate your use of the Service or access to the Site. Boomerangme’s right to suspend or terminate your use of the Service or Site applies even if a breach is committed unintentionally or without your authorization if Boomerangme believes that suspension or termination is necessary to ensure compliance with laws or to protect the rights, safety, privacy, security or property of Boomerangme, its customers or third parties.
Boomerangme may modify this Policy at any time by posting a revised version on the Site. By using the Service or accessing the Site, you agree to the latest version of this Policy.
1. “Private Label”
If the Order or Service Plan your purchased includes the “private label” option, then you shall be entitled to private label and market the Service (the “Branded Service”) to your own clients under your own trade name and/or trade dress, through your own domain name, and by creating your own Customer sub-accounts generated specifically for the use of the Branded Service.
Notwithstanding anything contrary to herein, (a) Customer owns all right, title and interest in and to Customer’s trademarks, tradenames, trade dress, and logos utilized in connection with the Branded Service, and (b) Boomerangme owns all right, title and interest in and to the Service, including as part of the Branded Service, as well as all associated Intellectual Property Rights. Except for the rights expressly granted by one Party to the other in this Agreement, all rights are reserved by the granting Party.
Customer agrees to defend, indemnify and hold harmless Boomerangme and its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys’ fees) arising out of or related to any legal claim, suit, action or proceeding by a third party that such party’s personally data was improperly disclosed or used in connection with such party’s use of the Branded Services. For the purposes of Section 15.2 of the Subscription Agreement, the Branded Service shall be included in the definition of the Customer-Controlled Matters.
5. Fees and Payment
You shall be allowed to set your own prices for the Branded Service, provided the prices cannot be lower than what Boomerangme charges for the Services. You shall be able to process payments from the clients of the Branded Service by setting up and connecting your payment processor account. Boomerangme uses Stripe, Inc. (“Stripe”) for its payment processing, and upon setting up your own account with Stripe, Customer can begin processing payments from clients of the Branded Service on its own.
Customer agrees to pay a fraction of the revenue generated in accordance with the operation of the Branded Service in accordance with this Policy and applicable Order(s) and Service Plan(s) (“Revenue Fraction”). Except as otherwise provided in an Order, Revenue Fraction must be paid in U.S. dollars, on the last date of a calendar month, for the previous calendar month of the operation of the Branded Service.