This Acceptable Use Policy (“AUP”) applies to everyone who uses the Brandmerch platform, including account holders, their authorized users, storefront operators, and visitors who purchase from a Brandmerch-hosted storefront. It is incorporated into the Brandmerch Terms of Use and into any Master Subscription Agreement that references it.
Brandmerch both hosts content and manufactures physical goods from it. Content that would merely be removed on a hosting platform may, here, already be printed and shipped. That is why we ask you to read this before uploading artwork or launching a storefront.
1. Your Core Obligations
- Use the platform only for lawful purposes, and comply with the laws that apply where you and your recipients are located.
- Upload only artwork, logos, imagery, and copy that you own or are licensed to use, and that you have the right to have reproduced on merchandise.
- Keep your account credentials secure and your user list current.
- Provide accurate account, billing, tax, and shipping information.
2. Prohibited Content
Do not upload, publish, or submit for production any content that:
- Infringes intellectual property. Trademarks, logos, characters, photographs, artwork, or brand assets you do not have the right to reproduce. This is the most common violation and the one most likely to stop an order.
- Depicts or promotes violence, or threatens or incites harm against any person or group.
- Promotes hatred or discrimination on the basis of race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, age, disability, or veteran status.
- Is sexually explicit, or sexualizes minors in any way.
- Promotes self-harm, disordered eating, or suicide.
- Facilitates illegal goods or activity, including controlled substances, weapons and weapon components, counterfeit goods, or evasion of law enforcement.
- Is deceptive, including false claims about a product’s origin, materials, certification, safety, or endorsement.
- Contains regulated health information subject to HIPAA or similar laws, which the platform is not configured to receive.
- Impersonates a person, brand, or organization, or falsely implies affiliation or endorsement.
3. Prohibited Conduct
- Attempting to access another account, company, storefront, or operator’s data, or to defeat the platform’s tenant separation.
- Probing, scanning, or testing the security of the platform without prior written authorization, or interfering with its availability.
- Scraping, bulk-extracting, or republishing catalog, pricing, or supplier data other than through a documented API and within its limits.
- Reverse engineering, decompiling, or attempting to derive the source of the platform.
- Using the platform to send unsolicited bulk messages, or to transmit malware or other harmful code.
- Payment abuse, including fraudulent orders, deliberate chargeback abuse, and use of another party’s payment method without authorization.
- Using storefronts, gift links, or credits to launder funds or to circumvent sanctions, export controls, or tax obligations.
4. Intellectual Property and Takedown
4.1 Your responsibility. You are responsible for the rights to everything you upload. Brandmerch does not pre-clear artwork for intellectual property rights, and approving a proof is not a determination that you hold the necessary rights.
4.2 Reporting infringement. Rights holders may report suspected infringement to legal@brandmerch.com with: identification of the work, identification of the storefront or order containing it, contact information, and a statement of good-faith belief that the use is unauthorized.
4.3 What we do. On a credible report, Brandmerch may unpublish the content, hold or cancel affected orders, and notify the account holder, who may respond with evidence of their rights. Where production has already begun, Brandmerch may stop it; costs already incurred remain the account holder’s responsibility.
4.4 Repeat infringers. Accounts that repeatedly upload infringing content may be suspended or terminated.
5. Reporting a Violation
Report suspected violations of this AUP to legal@brandmerch.com. Include the storefront URL, order number, or account where the content appears, and enough detail for us to locate it. We review every report we can act on.
6. Enforcement
6.1 Proportionate response. Where circumstances allow, Brandmerch will give notice and an opportunity to correct the issue, and will act at the narrowest effective level — a single design, product, or storefront — before taking account-level action.
6.2 Immediate action. Brandmerch may act without prior notice where content or conduct is unlawful, presents a safety or security risk, exposes Brandmerch or a third party to liability, or where required by law or by a supplier, decorator, carrier, or payment provider.
6.3 Measures available. Removing or unpublishing content; declining, holding, or cancelling an order; disabling a storefront; suspending or terminating an account; and reporting to law enforcement where appropriate.
6.4 Fees. Orders cancelled for a violation are not refundable to the extent Brandmerch has already incurred production, decoration, freight, or supplier costs.
7. Suppliers, Carriers, and Payment Providers
Brandmerch works with third-party suppliers, decorators, carriers, and payment providers who apply their own acceptable-use and prohibited-item rules. Content or goods permitted under this AUP may still be declined by one of them, and Brandmerch cannot compel a third party to produce, carry, or process something it has refused.
8. Changes to This Policy
Brandmerch may update this AUP as the platform and applicable law evolve. The current version and effective date are shown at the top of this page, and previous versions are available in the version archive. Continued use of the platform after an update constitutes acceptance of the updated policy.