Brand Ambassador Contract

Please read through our Ambassador Contract before submitting your application!

 

1. Services: Brand Ambassador will perform certain services in connection with Company and is currently positioned to engage with the Company’s social channels, including but not limited to: Facebook, Instagram, YouTube, Pinterest.

2. Compensation: In consideration for the full performance of Brand Ambassador’s services hereunder and the rights and releases granted herein, Company shall compensate Brand Ambassador and Brand Ambassador agrees to accept the compensation set forth on Brand Ambassador Benefits. Benefits will be fully disclosed upon application and acceptance to the Brand Ambassador Program.

3. Restrictions: The Company reserves the right to deny acceptance to the Brand Ambassador Program based on the applicant’s age, location, gender, and social media representation and presence (including but not limited to amount of followers, quality of posts, and relationship with other brands/companies). The Company will deny acceptance to the Program to any applicant under 13 years of age, and will not be held accountable for any applicant who is untruthful in regard to their age. The Company reserves the right to immediately terminate the Agreement (in accordance with Section 11) in the event that the applicant provides false information on the application regarding their age.

4. Ownership Rights: Brand Ambassador acknowledges that the results and proceeds of the services provided hereunder, including without limitation all ideas, photographs, images, and designs developed, created and/or provided by Brand Ambassador (the “Work”) is owned by Company, for all purposes (including distribution, reproduction, and licensing). Brand Ambassador hereby assigns and transfers all right, title, ownership and interest therein, including, but not limited to, all copyright rights therein, the right to secure the copyright without any restrictions as to use, to Company. Brand Ambassador acknowledges the ownership and validity of Company’s copyrights, brands, trademarks, and patent rights, whether or not created by or contributed to by Brand Ambassador.

5. Use of Likeness: Brand Ambassador further grants to Company the irrevocable right and permission to reproduce, publish, distribute, and display Brand Ambassador’s first name, Instagram username, image, likeness, photographs, actual and/or paraphrased statements, biographical information and/or any other information or attribute identifying and/or otherwise associated with Brand Ambassador (collectively, “Likeness”), in whole or in part, for any purpose, including without limitation for the purpose of advertising, publicity, promotion, and/or other marketing for Company and/or the Work, in all media including social media.

6. No Right of Approval: Brand Ambassador hereby irrevocably waives any and all right to inspect and/or approve Company’s use of the Work and/or Brand Ambassador’s Likeness, including without limitation any text, image and/or other creative elements that may be used in connection with the Work and/or Brand Ambassador’s Likeness.

7. Confidentiality: Brand Ambassador will regard and retain as confidential and will not divulge to any third party, or use for any unauthorized purposes (including Brand Ambassador’s own benefit) either during or after Brand Ambassador’s engagement with Company, any proprietary, or confidential information that Brand Ambassador has acquired during Brand Ambassador’s service without the written consent of an authorized representative of Company.

8. Representations and Warranties: Brand Ambassador represents and warrants that: (i) Brand Ambassador has the full and unrestricted right and authority to enter into and perform this Agreement and to grant the rights granted herein; (ii) Brand Ambassador has complied and will comply with all applicable laws, rules and regulations in rendering the services to be performed under this Agreement; Company reserves the right to immediately terminate this Agreement if Brand Ambassador fails to make social media or other disclosures in the manner set forth in the Brand Ambassador Guidelines, which failure shall be deemed a material breach of the Agreement; (iii) the use of the Work and/or Brand Ambassador’s Likeness does not and will not violate the rights of any third party, including without limitation, any contract, copyright, trademark, or rights of privacy or publicity of any third-party; (iv) the Work will not contain any disparaging, pornographic, defamatory and/or offensive material; and (v) Brand Ambassador will perform the services in a timely and professional manner.

9. Release/Indemnity: Brand Ambassador hereby irrevocably and unconditionally releases and agrees to indemnify and hold harmless Company, its registered trade names, affiliates, and the irrespective directors and employees (together, the “Company Parties”), from and against all actions, claims, demands, causes of action, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys’ fees) of any kind whatsoever, whether known or unknown, arising at any time out of and/or relating to the use of the Work and/or Brand Ambassador’s Likeness and/or any breach or alleged breach of any of the terms of this Agreement.

10. Term: This Agreement will be effective as of the date the Brand Ambassador signs up for the Company’s Brand Ambassador Interest mailing list, and will remain in effect for at least three months thereafter unless terminated in accordance with Section 10 below, and will automatically renew for successive three-month periods unless written notice of termination is given by either party to the other party prior to the end of the then-applicable term.

11. Termination: Company shall have the right, at its sole option, to terminate this Agreement immediately in the event that: (i) Brand Ambassador fails, neglects or refuses to fully perform any of the obligations specified herein; (ii) Brand Ambassador materially breaches the terms of this Agreement or any of the warranties or representations made herein; (iii) Brand Ambassador commits any act or does anything that is or shall be an offense involving moral turpitude under federal, state or local laws, or which brings Brand Ambassador, or any Company Party into public disrepute, contempt, scandal, or ridicule, or which insults or offends the community or any substantial organized group thereof, or which might tend to injure the success of any Company Party.

12. Assignment: Any or all of Company’s rights and obligations under this Agreement may be assigned by Company without Brand Ambassador’s consent, and upon any such assignment, Company shall have no further obligation to Brand Ambassador, and shall no longer be liable to Brand Ambassador, in respect to any obligation so assigned. Brand Ambassador’s rights and obligations under this Agreement may not be assigned by Brand Ambassador without Company’s prior written approval.

13. Choice of Law: This Agreement shall be governed by the laws of the State of North Carolina. Brand Ambassador unconditionally submits to the exclusive jurisdiction of the state and federal courts in Wake County in connection with any action, litigation or proceeding relating to the subject matter of this Agreement.

14. Miscellaneous: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements between the parties, and shall bind each party and its successors and permitted assigns. No amendment or modification of this Agreement shall be valid or binding on the parties unless made in writing and executed on behalf of each party by its duly authorized representative. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof. If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.