Terms and Conditions of Brand Ambassador Agreement – FitFormula Wellness
Effective Date: June 1, 2020 IMPORTANT – READ CAREFULLY. These Terms and Conditions (“Terms”) form a binding contract between you, (“Brand Ambassador”, “You” or “your”) and FitFormula Wellness (“we” or “us” “our” or “Company”).
By clicking on and filling out the “BRAND AMBASSADOR APPLICATION” you are consenting to these Terms and you agree to all of the provisions it contains.
IF YOU DO NOT AGREE TO THESE TERMS DO NOT FILL OUT THE APPLICATION TO PARTICIPATE IN THE BRAND AMBASSADOR PROGRAM.
As our Brand Ambassador, You understand and agree to the following:
Your Responsibilities as Brand Ambassador:
(1) The Brand Ambassador is 18 years of age or older and is domiciled in the United States.
(2) The Brand Ambassador is not an employee, agent, franchisee, or partner of the Company.
(3) The Brand Ambassador cannot act on behalf of the Company. The Brand Ambassador does not have any authority to incur debt, obligation, or liability on behalf of the Company.
(4) The Brand Ambassador will promote and market FitFormula Wellness products (“Products”) to customers, followers, friends, or colleagues. The Brand Ambassador will test or utilize certain FitFormula Wellness Products and write about such Products on any social network sites through various types of posts, including but not limited to, blogs, testimonials, pictures, videos and the like (collectively, your “Posts”).
(6) The Brand Ambassador will share brand messaging of Fitformula Wellness and its Products on social networks
(7) The Brand Ambassador will receive Products and in return will post about the Products.
(8) The Brand Ambassador will share content using our brand and tagged the FitFormula Wellness account and hashtag: #FitFormulaBrandAmbassador
(9) Upon acceptance as a Brand Ambassador, you will receive two Products at no cost.
Brand Ambassador Reward Points:
(1) The Brand Ambassador will not receive monetary compensation for use of any and all Posts used on the Company’s social media or webpage.
(2) The Brand Ambassador will receive rewards points, through our third party service provider, Brand Champ, within fourteen (14) business days of completed and approved Posts. The Brand Ambassador will not receive any cash value for any unused or unredeemed rewards points. When awarded the rewards points, FitFormula Wellness will own the rights to use your Posts for marketing purposes, including but not limited to, email marketing, marketing campaigns, social media platforms, or website content in perpetuity.
(3) The Brand Ambassador agrees to use the Brand Champ platform, which will track the Brand Ambassador’s performance and the way in which to receive rewards points for completed and approved Post activities s. Post activities will be listed on Brand Champ and will outline the nature of acceptable Posts.
(4) The Brand Ambassador will receive a 10% exclusive promotional code to use for Products purchased on Company’s website.
(5) If orders are submitted without using the Brand Ambassador promotion code or reference link, these orders will not be credited to your Brand Champ account, and therefore will not qualify for rewards points.
(6) The Brand Ambassador will not sell Company Products through any unapproved channels, including but not limited to, unauthorized websites on the internet or in retail establishments.
(7) FitFormula Wellness remains the sole owner of all right, title and interest in the Products. We do not grant you any rights to patents, copyrights, trade secrets, or any other intellectual property rights in respect to the Products. We reserve all rights not granted under the Terms. The Brand Ambassador will protect the Company’s intellectual property rights by not reproducing the Company’s name, trademark, tradename or any Company materials for use in advertising without the prior written approval of the Company.
(8) The Brand Ambassador will promote FitFormula Wellness Products on social media accounts by posting appropriate photos, videos, or posts of Products. The Brand Ambassador will contact the Company if there are any questions as to what constitutes “appropriate.” The Company reserves the right to reject any submitted Posts.
(9) The Brand Ambassador will not receive any financial or other compensation for Product promotion through his or her social media network.
(10) As our Brand Ambassador, you will post as frequently as you like on your social media accounts and tag the Company account, #FitformulaBrandAmbassador, in each Post that relates to the promotion of Company Product. The Brand Ambassador has full consent from the Company to repost an existing Company post.
(11) As our Brand Ambassador, you will conduct yourself in a manner that reflects the highest standard of integrity and responsibility in keeping with the reputation of the Company. If the Brand Ambassador does not uphold these standards, the Company has to the right to immediately remove you from the Brand Ambassador Program and you will forfeit any unused rewards points and all promotional codes effective immediately.
(12) If the Brand Ambassador wishes to terminate participation as a Brand Ambassador, you will provide two (2) days prior written notice to the Company and you must use any unused rewards point balance within 14 days from termination. Any photos sent to the Company will remain in our database to use on our social media platforms, marketing campaigns, and webpage.
(13) If the Company terminates the Brand Ambassador Program, the Brand Ambassador has thirty (30) days from date of termination to redeem unused rewards points and use the exclusive promotional code.
(14) The Brand Ambassador agrees the Company reserves the right to cancel this agreement and relationship at any time.
(16) The Brand Ambassador agrees to use the Brand Champ platform, which will track the Brand Ambassador’s performance and the way in which to receive rewards points for completed and approved Post activities. Post activities will be listed on Brand Champ and will outline the nature of acceptable Posts.
FitFormula Wellness (Company) understands and agrees:
(1) The Company may provide additional reward points / product awards / free product to top performing Brand Ambassadors at its’ discretion.
(2) If the Company terminates the program, the Company must provide 15 days written notice to all Brand Ambassadors prior to the termination date.
(3) The Company will retain the rights to use any photos the Brand Ambassador sends or tags the Company in, even if the Brand Ambassador exits the program.
(1) This agreement is subject to acceptance by the Company and is conditioned by the acceptance of these terms and conditions.
(2) The Company has the right to immediate termination of the Brand Ambassador for conduct including but not limited to the following: Obscene, lude, or offensive promotion of products, promotions that promote dangerous activity, and off brand promotions.
(3) The Brand Ambassador may terminate this agreement immediately without reason upon written notice.
(4) The Company may discontinue the Brand Ambassador Program at any time.
(5) The Brand Ambassadors will not be treated as a company employee for any reason.
(6) The Company reserves the right to accept or reject a potential Brand Ambassador for any reason.
(7) These terms and conditions do not commence until the Company has written the Brand Ambassador applicant that he or she has been accepted into the Brand Ambassador program.
You agree to indemnify and hold FitFormula Wellness and its respective officers, directors, employees, agents and licensees harmless for any violation or against any third-party claim, damages or demand, including reasonable attorneys’ fees related to or arising out of your violation of these Terms and Conditions or other misuse as a Brand Ambassador.
These Terms and Conditions and Brand Ambassador Program shall be governed by the Commonwealth of Virginia, United States of America, without regards to its conflict of laws provision. By agreeing to become a Brand Ambassador for FitFormula Wellness, you consent and submit to the personal and exclusive jurisdiction of the state and federal courts located in Loudoun County, the Commonwealth of Virginia, United States of America, in all controversies, claims, or disputes arising out from this agreement to be a Brand Ambassador in the Brand Ambassador Program. However, any disputes arising between you and the FitFormula Wellness concerning these Terms and Conditions shall initially be resolved through good faith negotiations.