1. The service
BrandedRelay is operated by Branded Relay, LLC (“BrandedRelay,” “we,” “us”). We run a platform where a brand can offer a returned product to a vetted local creator instead of sending it back through reverse logistics. Each brand runs its own program on its own subdomain, with its own creators and its own deliverables.
By applying to a program, signing in, accepting an offer, or using the platform as a brand, you agree to these terms. If you do not agree, do not use the service.
We are an intermediary. The product itself comes from the brand, not from us. We are not the seller, manufacturer, or shipper of any item.
2. Eligibility
- You must be at least 18 years old.
- You must be located in the United States and give a real residential or business address. Distance from the item is how offers are routed, so a false address breaks the service for everyone.
- One creator account per person. Accounts are personal and may not be shared, sold, or transferred.
3. Creators
Applying and approval
Applying does not entitle you to acceptance. We and the brand review applications and may approve or decline for any lawful reason. Approval may be revoked.
How offers work
- When a suitable item becomes available near you, we may notify you by text message and email. We do not promise any number of offers, or any offers at all.
- Offers are released in waves by distance, nearest first, widening over time while an item stays unclaimed.
- An offer is won by the first creator to accept it and, where a deposit is required, to pay that deposit. Accepting reserves the item for a short window; if you do not complete within that window the item returns to the pool.
- After you claim an item, you will generally not be eligible for another for a cooldown period set by the brand.
What you owe in return
Each offer states its deliverables and its deadline before you accept. Typically this is a set number of social posts within 30 days of claiming. By accepting an offer you agree to produce that content by that deadline and to submit links to it.
Disclosure is required. You received the item free. You must clearly disclose that in every post, in line with the FTC’s endorsement guidelines — for example #gifted — and in a way a viewer will actually notice. Opinions must be your own and honest. We do not require, and will not accept, scripted praise.
Taxes
An item you receive free in exchange for content may be taxable income to you. You are responsible for your own taxes. Where the value of what you receive in a calendar year meets the applicable reporting threshold, you may be issued a Form 1099, and you agree to provide a Form W-9 on request.
4. Deposits
Some programs require a refundable deposit when you accept an item. Where they do, the amount is shown before you accept.
- The deposit is charged at the time you claim, through our payment processor. We do not store your card details.
- It is refunded in full once your required content is submitted and accepted within the deadline.
- It is forfeited in full if you do not deliver the required content by the deadline. This is the entire remedy for non-delivery; the deposit is not a penalty and not a cap on the value of the item.
- Refunds are returned to the original payment method and may take several business days to appear.
5. The items
Every item is a customer return. Items are offered strictly as-is. Condition is graded and shown to you before you accept, but grading is a judgment, not a warranty. Items may show wear, marks, missing hardware, or damage not visible in photographs.
Title passes to you on delivery or pickup. From that point the item is yours, including responsibility for its storage, use, and disposal. You are not required to return it.
Delivery is arranged for you. The brand arranges and pays for getting the item to the address on your profile; you are not expected to collect it yourself or to arrange transport. We will agree a delivery window with you.
You are responsible for being able to receive it — somewhere to put it, and someone there to take delivery. If a piece will not fit or will not suit your space, do not accept the offer.
6. Content
You keep ownership of the content you create. By submitting it you grant the brand and BrandedRelay a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute that content, and your handle and first name alongside it, for marketing purposes, for as long as you have not withdrawn it in writing.
You confirm the content is yours, that you have permission from anyone identifiable in it, and that it does not infringe anyone’s rights.
7. Brands
Brand access is provided under a separate order form, which sets the subscription fee, the number of facilitated returns it covers, per-return fees beyond that, and any freight charges. Fees are payable in advance and, except where the order form or the law says otherwise, are non-refundable. We may change pricing on renewal with notice.
As a brand you are responsible for:
- the accuracy of what you tell us about an item, including its condition and location;
- having a lawful basis to give us the returning customer’s information, and having obtained their consent to a creator handoff where one is required;
- the safety and legality of the items you place, and any product recall or safety obligation attaching to them;
- your own dealings with creators outside the platform.
You grant us the rights necessary to display your brand name and materials to creators for the purpose of running your program.
8. Acceptable use
You agree not to:
- give false information, including a false address, or hold more than one creator account;
- resell or list an item before delivering the content you agreed to;
- post content you did not make, or misrepresent the item or your experience of it;
- probe, scrape, or interfere with the platform, or attempt to access data belonging to another user or brand;
- use the service for anything unlawful.
9. Disclaimers and limitation of liability
The service is provided “as is” and “as available.” To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that offers will be available to you, that any item is fit for any purpose, or that the service will be uninterrupted or error-free.
To the fullest extent permitted by law, our total liability to you for any claim arising out of or relating to the service will not exceed the greater of (a) the amounts you paid us in the twelve months before the claim, or (b) one hundred US dollars. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or goodwill.
Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.
You agree to indemnify and hold harmless Branded Relay, LLC and the relevant brand from claims arising out of your breach of these terms, your content, or your use or handling of an item.
10. Termination
You may stop using the service at any time and ask us to close your account. We may suspend or terminate access at any time, including where we believe these terms have been breached. Obligations that by their nature should survive — content licenses already granted, outstanding deliverables, deposit forfeiture, liability limits — survive termination.
11. General
Changes. We may update these terms. Material changes will be signalled by the date above, and continued use after a change means you accept it.
Governing law. These terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. The state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction, and both parties consent to venue there.
Entire agreement. These terms, together with any brand order form and our Privacy Policy, are the entire agreement between us. If any provision is held unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it.
Contact. Branded Relay, LLC, 5102 N Central Ave, Phoenix, AZ 85012, United States. Questions: legal@brandedrelay.com.