‍

These Merchant Insider Terms (these “Terms”) is by and between Wizard Commerce, Inc. (“Wizard”) and [Brand/Retailer/Merchant Entity] (“Brand”) and is effective as of the date which the individual acting on behalf of the Brand accepts these Terms (the “Effective Date”). BY ACCEPTING (E.G., VIA CLICK-ACCEPT, SIGNATURE, OR OTHER AFFIRMATIVE ACCEPTANCE) OF THESE TERMS, BRAND HEREBY AGREES TO BE BOUND BY THESE TERMS, AND THE INDIVIDUAL ACCEPTING THESE TERMS ON BEHALF OF BRAND HEREBY REPRESENTS AND WARRANTS THAT IT HAS ALL NECESSARY RIGHTS AND AUTHORITY TO BIND BRAND TO THESE TERMS. Brand and Wizard are referred to in these Terms individually as a “Party” and collectively as the “Parties”.

1. No Commission For 1-Year. To the extent the Parties have entered, or during the term of these Terms do enter, into an affiliate agreement or similar agreement that grants Wizard the right to earn a commission for referring customers or clients to the Brand utilizing designated affiliate channels (such commission, the “Commission,” and such agreement, the “Affiliate Agreement”) in connection with affiliate sales of the Brand’s products or services, the Parties wish to, and by these Terms hereby do, amend such Affiliate Agreement (if any) as follows: subject to Brand’s compliance with the terms herein, Wizard hereby agrees to waive its right to earn Commissions (if applicable) under the Affiliate Agreement for a period of one (1) year from the Effective Date ( “Commission Waiver Period”), whereby Brand will withhold Commission during such Commission Waiver Period. For clarity, Wizard will be entitled to all Commissions which accrue after the Commission Waiver Period. 
2. Trademark License. Brand hereby grants to Wizard a perpetual, irrevocable, non-exclusive, royalty-free right and license to use and display Brand’s trademarks, service marks, logos, and trade names (collectively, the “Marks”) in connection with Wizard’s marketing and promotional efforts, including without limitation to publicly identify and/or name the Brand on Wizard’s websites, marketing channels, social media accounts and to identify Brand as an affiliate partner of Wizard. All goodwill and improved reputation generated by Wizard’s use of the Marks inures to the benefit of Brand. Wizard will use commercially reasonable efforts to comply with reasonable trademark usage guidelines furnished by Brand in advance in writing.

3. Representation/Warranties. Brand hereby represents and warrants that it has all necessary rights, permissions, consents, and authority to enter into these Terms and to make the grants of rights to Wizard made under these Terms.

‍