Effective date: August 26, 2026
Last updated: September 2, 2026
1. Agreement to these terms
These Terms and Conditions (“Terms”) govern your access to and use of colemandigital.com and any related pages, tools, calculators, downloads, and communications we make available through it (together, the “Site”). The Site is operated by Coleman Digital LLC (“Coleman Digital,” “we,” “us,” or “our”), a California limited liability company.
By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
If you enter into a separate written agreement with us for services (a statement of work, engagement letter, master services agreement, or program participation agreement), that agreement governs those services. These Terms govern your use of the Site itself, and in any conflict between these Terms and a signed agreement, the signed agreement controls as to the subject matter it covers.
2. Who the Site is for
The Site is directed to businesses and business professionals: advertisers, brands, affiliate networks, agencies, and publishers. It is not directed to consumers and it is not directed to anyone under 18. By using the Site you represent that you are at least 18 and that, if you are using the Site on behalf of an organization, you have authority to bind that organization to these Terms.
3. Informational purposes only; no advice
Coleman Digital provides affiliate marketing consulting, trademark and paid-search monitoring, publisher compliance review, and brand protection services. Content on the Site describing that work (including articles, case descriptions, methodology explanations, sample reports, and enforcement summaries) is general information about our practice.
We are not a law firm and we do not provide legal advice. Nothing on the Site creates an attorney-client relationship, and nothing on the Site should be relied on as legal advice about trademark rights, infringement, advertising law, contract interpretation, or any other legal question. Trademark enforcement, affiliate program terms, and platform policies vary by jurisdiction, by network, and by contract. Consult qualified counsel before acting on anything you read here.
Nothing on the Site is financial, tax, or accounting advice either.
4. Estimates, calculators, and projected results
The Site may offer calculators, models, benchmarks, or sample figures, including tools that estimate potential savings, recovered spend, or the volume of trademark-bidding activity in a given program.
These are illustrative. They rely on assumptions and on inputs you supply, and they produce hypothetical figures, not predictions. Actual results depend on factors outside our control: auction dynamics, competitor behavior, network policy, merchant decisions, search engine enforcement practices, seasonality, and the accuracy of your own data.
We make no guarantee of any particular result, savings amount, recovery, ranking, placement, enforcement outcome, or return on investment. Any figure the Site produces or displays is an estimate only. Do not rely on it as a commitment or a forecast.
5. Nothing on the Site is an offer
Descriptions of our services, including Yield Safeguard and any CPA-based, performance-based, or subscription arrangements, are provided for information only. They are not an offer to contract, and they do not state the final terms of any engagement.
Any engagement with Coleman Digital begins only when both parties sign a written agreement identifying the scope, fees, term, and conditions of the work. Pricing structures, commission arrangements, service levels, and deliverables described on the Site are subject to change and to negotiation, and are superseded in full by the signed agreement.
Submitting a form, requesting a proposal, scheduling a call, or exchanging emails does not create an engagement and does not obligate either party.
6. Inquiries and information you send us
If you send us information through the Site (a contact form, a proposal request, a document, a spreadsheet, a program report, or an email), you represent that you have the right to share it and that sharing it does not breach any obligation you owe to another party.
Unless we have signed a mutual non-disclosure agreement covering it, information you send us through the Site is not confidential. Do not send trade secrets, privileged material, personal data about third parties, credentials, or anything else sensitive through an unsecured web form. If you need to share something confidential, ask us for an NDA first.
We may use suggestions, feedback, and ideas you send us about the Site or our services without restriction and without owing you compensation or attribution.
7. Acceptable use
You agree not to:
- use the Site for any unlawful purpose or in violation of these Terms;
- access the Site by automated means (scraping, crawling, harvesting, or bulk downloading), except that we permit well-behaved search engine crawlers that respect our robots.txt;
- attempt to gain unauthorized access to the Site, its servers, or any related system, or probe, scan, or test the vulnerability of any of them;
- interfere with the Site’s operation, including by overloading it, introducing malicious code, or circumventing rate limits or access controls;
- copy, republish, resell, or redistribute Site content except as Section 8 permits;
- misrepresent your identity or affiliation, or impersonate any person or organization;
- use the Site or its content to build, train, or evaluate a competing service or dataset without our written permission; or
- remove, obscure, or alter any proprietary notice on the Site.
We may investigate suspected violations, and we may block or restrict your access under Section 20 and report conduct to law enforcement or to affected third parties.
8. Our intellectual property
The Site and its contents (text, graphics, layout, design, logos, reports, methodologies, documentation, code, and the selection and arrangement of all of it) are owned by Coleman Digital or its licensors and are protected by copyright, trademark, and other intellectual property laws.
“Coleman Digital,” “Yield Safeguard,” and our logos are trademarks of Coleman Digital LLC. You may not use them without our prior written permission, except to refer to us accurately and truthfully.
We grant you a limited, revocable, non-exclusive, non-transferable license to access the Site and to view, download, and print its content for your own internal business use. You may quote short excerpts with attribution and a link back to the source page. Everything beyond that (republication, systematic copying, commercial redistribution, or use of our content to create derivative works) requires our written permission.
9. Third-party names and trademarks
The Site refers to third-party companies, affiliate networks, platforms, merchants, publishers, and brands in the course of describing our work, our industry experience, and the compliance landscape.
All such names and marks belong to their respective owners. We use them nominatively, to identify and describe the parties and systems we work with. Their use does not imply endorsement, sponsorship, partnership, certification, or any affiliation between those parties and Coleman Digital, unless we say so explicitly and identify the relationship.
Descriptions of enforcement matters, compliance issues, or program activity reflect our observations and analysis at the time they were prepared. They are not accusations of unlawful conduct against any named party, and they are not statements of legal conclusion.
10. Links to other sites
The Site may link to third-party websites, tools, and resources. We do not control them, we do not endorse them, and we are not responsible for their content, accuracy, availability, security, or practices. Your use of a linked site is governed by that site’s own terms and privacy policy, and those terms govern your use of that site; these Terms continue to govern your relationship with us. Follow links at your own risk.
11. Communications
If you give us your email address, you consent to receive email from us related to your inquiry or engagement. Marketing email will identify itself as such and will include an unsubscribe link, and you can opt out at any time. While an engagement is active we may also send you email that is necessary to perform the work (reports, alerts, invoices, and similar operational messages), and those are part of the service rather than marketing.
We will send you text messages or place autodialed calls only if you have separately given express written consent at the point where we collected your phone number, and you may revoke that consent at any time by replying STOP or by telling us in writing.
You agree that electronic communications satisfy any legal requirement that a communication be in writing.
12. Privacy
Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
13. Availability and changes to the Site
We may modify, suspend, or discontinue any part of the Site at any time, with or without notice. We do not warrant that the Site will be available without interruption or error, and we are not liable for any unavailability.
14. Disclaimer of warranties
The Site and all content, tools, and materials on it are provided “as is” and “as available,” without warranty of any kind. To the fullest extent permitted by law, Coleman Digital disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade.
Without limiting that, we do not warrant that the Site’s content is current, complete, or accurate; that the Site is free of viruses or harmful components; that defects will be corrected; or that any result described, estimated, or projected on the Site will be achieved.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply to the fullest extent permitted.
15. Limitation of liability
To the fullest extent permitted by law, Coleman Digital and its owners, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your use of the Site, whether based in contract, tort, strict liability, or any other theory, and whether or not we were advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to the Site or these Terms will not exceed one hundred U.S. dollars (US $100). This cap does not apply to liability arising under a separate signed services agreement, which is governed by that agreement’s own liability terms.
Nothing in this Section limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud, fraudulent misrepresentation, willful injury, gross negligence, or violation of law. California Civil Code § 1668 is not waived or narrowed by these Terms.
Subject to the paragraph above, these limitations are a fundamental basis of the bargain between us and apply even if a limited remedy fails of its essential purpose.
16. Indemnification
You agree to indemnify, defend, and hold harmless Coleman Digital and its owners, employees, contractors, and agents from and against any third-party claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your breach of these Terms, (b) your violation of any law or the rights of any third party, or (c) any content or information you submit to us.
This obligation does not apply to any claim to the extent it arises from our own breach of these Terms, our own negligence or willful misconduct, or our own violation of law.
We may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with that defense. We will not settle any matter in a way that imposes an obligation on you without your consent, which you will not unreasonably withhold.
17. Governing law and venue
These Terms and any dispute arising out of or relating to them or to your use of the Site are governed by the laws of the State of California, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
You and Coleman Digital agree that the exclusive venue for any such dispute is the state or federal courts located in Santa Barbara County, California, and each party consents to the personal jurisdiction of those courts and waives any objection based on inconvenient forum.
These Terms contain no arbitration requirement and no class-action waiver.
18. Informal resolution first
Before filing any claim, you agree to contact us at seneschal@colemandigital.com with a written description of the dispute and the relief you seek, and to give us 30 days to resolve it informally. This requirement does not apply to claims for injunctive relief regarding intellectual property or unauthorized access, or to claims that qualify for small claims court.
19. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and post the new version on this page.
For changes that materially affect your rights or obligations, we will give notice before the change takes effect, by a notice on the Site for at least 14 days, by email if we have your address, or both. Your use of the Site after a material change takes effect means you accept the revised Terms. If you do not accept them, stop using the Site and tell us at seneschal@colemandigital.com.
20. Suspension and termination of access
We may suspend, restrict, or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms, if we believe it is necessary to protect the Site or other users, or if we discontinue the Site. You may stop using the Site at any time.
Termination of access does not affect any separate signed services agreement, which terminates only under its own terms.
21. General
Severability. If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions stay in full force.
No waiver. Our failure to enforce any provision is not a waiver of it.
Assignment. You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
Entire agreement. These Terms, together with our Privacy Policy and any other policies referenced here, are the entire agreement between you and Coleman Digital regarding the Site, and supersede any prior understanding about it.
Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control.
No third-party beneficiaries. These Terms do not create rights in any third party.
Headings. Section headings are for convenience only and do not affect interpretation.
Survival. Sections 3, 4, 6, 8, 9, 14, 15, 16, 17, 18, and 21 survive any termination of your access to the Site.
22. Contact
Questions about these Terms:
Coleman Digital LLC
1509 State Street, Santa Barbara, CA 93101
seneschal@colemandigital.com