By confirming your position as a Brand Ambassador for Connected Clothing Company, you agree to the following terms:
1. Ambassador Requirements:
Your requirements as a Brand Ambassador are outlined in the Ambassador Requirements section that was presented to you before your online application (available here) and is hereby incorporated into this agreement by reference.
Ambassadors who do not follow the requirements can be subject to termination, suspension or their points and rewards earned being held until all requirements are followed.
2. Prohibited Content:
Ambassador agrees that they will not post content on any social media platform, as determined by Connected Clothing Company in its sole discretion, that:
- is pornographic, sexually explicit or suggestive, or contains profanity or nudity;
- is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- promotes any activities that may appear unsafe or dangerous;
- is obscene or offensive, or endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about other people or entities;
- communicates messages or images inconsistent with the positive images and/or good will with which Connected Clothing Company wishes to associate;
- violates any law.
Posted content by a Brand Ambassador must be on the social media accounts mentioned when applying. No 'spam', 'fan', or 'ambassador' accounts will be accepted.
You agree to hold Connected Clothing Company, its officers, agents, assignees and employees harmless for any liability from any injury or damage arising from the use or promotion of any Endorsed Product.
You are an independent contractor; this agreement shall not be construed as creating an employer/employee relationship.
Occasionally we may share information with you that is confidential in nature, such information will be identified as confidential and you are expected to maintain this information in the strictest confidence. Any disclosure of confidential information will terminate this agreement and result in legal action. Refer to our Non-Disclosure Agreement for further details. Connected Clothing Company's Non-Disclosure Agreement is expressly incorporated into this Agreement by this reference.
6. Intellectual Property:
Ambassador acknowledges and hereby agrees to grant Connected Clothing Company the unlimited and unencumbered use of any and all work product developed by Ambassador in conjunction with the performance of services for Connected Clothing Company. Work product includes but is not limited to all social media posts, pictures, images, videos, recordings, taglines, hashtags, posts, commentary, and designs.
a. Except where prohibited by law or regulation, Ambassador grants Connected Clothing Company and its successors, assigns, licensees and designees permission to use Ambassador's name, Social Media Platform account name, photograph (including, but not limited to, Social Media Platform account profile photo), voice and/or other likeness, in all media now known or hereafter discovered (including, without limitation, on Connected Clothing Company websites and via Connected Clothing Company Social Media Platform accounts), worldwide in perpetuity, for any purpose without additional compensation, consideration, notification or consent.
b. Ambassador is not authorized to use any copyrighted content from any other companies to promote the Connected Clothing Company brand. Connected Clothing Company will not be responsible for any disputes involving the unauthorized use of any other company's intellectual property.
7. Term and Termination:
The effective date of this agreement is July 11, 2018. The term of this agreement is one (1) year from the effective date. This agreement will automatically renew at the end of each term for successive one (1) year terms unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. Notwithstanding the foregoing, either party may terminate this agreement at any time, with or without cause.8. Governing Law:
This Agreement shall be construed in accordance with the laws of the State of Maryland. In the event that arbitration is unsuccessful, you agree to submit to venue and personal jurisdiction in any state or federal court sitting in the State of Maryland in any action or proceeding arising out of or related, directly or indirectly, to this agreement.
9. Point Credit:
To receive points for a purchase, the user must have used your discount code, given to you for friends and/or family, at the time of checkout and purchase.
You cannot receive points on any purchase that uses your personal discount code.
You cannot receive points on your own orders.
We reserve the right to remove any ambassador from our Brand Ambassador Program.
We may change the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to terminate the Agreement. However, if you continue to receive the benefits of the Agreement after the end of the notice period of the change, you will be considered to have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.
12. Entire Agreement:
This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether written or oral, between the parties.