Brand Ambassador Program Terms & ConditionsOnce accepted, this agreement is entered into by and between You and FV1388 (“Company”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”), govern the Company’s Brand Ambassador Program (the “Program”).
Please Note: “Company,” “we,” “us,” and “our” refer to FV1388; “you,” “yours,” and “your” refer to the participant of the Program.
Please read the Terms and Conditions carefully before you submit an application to the Program. By clicking to accept or agree to the Terms and Conditions when submitting an application to the Program, you accept and agree to be bound and abide by these Terms and Conditions, including our Privacy Policy, If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not submit an application to the Program.
Rights and Restrictions
You must be at least 18 years of age and be a resident of the United States or any of its territories or possessions. You must also have publicly-accessible social media accounts with at least 2,000 unique followers. Current Company employees and contractors, and any family members of a current Company employee or contractor, are not eligible to participate in this Program. For purposes of this Program, a “family member” means any spouse, former spouse, child, stepchild, grandchild, parent, stepparent, grandparent, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother, sister, brother-in-law, or sister-in-law, including adoptive relationships. By submitting an application to be an Ambassador in the Program, you represent and warrant that you are of legal age to form a binding contract with the Company, you meet all of the eligibility requirements, and all information you provide to the Company is correct, current, and complete. If you do not meet all of these requirements, you must not apply for the Program. If you have already applied to or been accepted to the Program, you must notify us immediately to have your application withdrawn or participation in the Program canceled if at any time you do not meet all eligibility requirements.
We reserve the right to accept or reject any application, for any or no reason, at our sole discretion.
If your application to the Program is accepted, you will be presented with a more detailed agreement specific to you (“Individualized Program Agreement”), which will provide details regarding compensation and any individual requirements for social media activity. You will have the opportunity to review your Individualized Program Agreement and decide whether you agree to its terms before being bound by its terms. You may not collaborate with or transfer the Individualized Program Agreement to anyone else, including anyone else working on your behalf, without our prior express written approval. If you do not agree to the terms of your Individualized Program Agreement, you will be considered to have canceled your participation in the Program.
Neither application to the Program nor acceptance as an Ambassador in the Program constitutes a joint venture, partnership, franchise, employer-employee, or other formal business relationship between us. If accepted to the Program, you will be paid as an independent contractor, and you will be solely responsible for any necessary permits or licenses and for any incurred taxes, fines, penalties, or other liabilities related to your participation in the Program.
Acceptance as an Ambassador in the Program does not constitute, and must not be characterized as, a representation relationship between us, or as our endorsement of you. The Company name, FV1388, the term, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
Ambassadors in the Program will be required to undergo training on acceptable product claims and FTC disclosure requirements and will be required to comply with any restrictions and guidelines provided by the Company and all relevant laws and regulations. The Company may monitor your posts for compliance and may require changes, make changes, withhold payment, and/or terminate your participation in the Program to address noncompliance. However, training provided by the Company is made available solely for general information purposes. Company provides no representations or warranties with respect to the training or monitoring provided. You should not rely on such training or monitoring as legal advice or as sufficient to comply with the law. You are solely responsible for ensuring your activities are compliant with the law. Any reliance you place on such training or monitoring information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents.
Account Security
The Program will be managed through application software designed to run on a mobile device (“Program App”). If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to your account or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should usecaution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Cancellation and Modification
We reserve the right to change these Terms and Conditions, cancel your participation in the Program, and/or modify or stop the Program at any time, at our sole discretion. We will notify you in writing if we make changes to your Individualized Program Agreement, cancel your participation in the Program, or stop the Program. Any other changes to these Terms and Conditions or the Program will be posted here and sent via email to all applicants, except those that have already been rejected. All changes are effective immediately when posted or sent, unless otherwise noted or as otherwise required by law. Your continued participation in the Program after the effective date of any changes means that you accept and agree to the changes. You are expected to check this page, your email, and the Program App frequently so you are aware of any changes, as they are binding on you.
It is your responsibility to notify us in writing if you wish to cancel your participation in the Program or withdraw your application. Otherwise, you will continue to be bound by the currently applicable Terms and Conditions.
Governing Law and Jurisdiction
All matters relating to the Program and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule .
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Program shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Entire Agreement
The Terms and Conditions, including our Privacy Policy, and any Individualized Program Agreements constitute the sole and entire agreement between you and the Company regarding the Program and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Program. Any other agreements or policies, including those from third parties associated with this Program (e.g., agreements or policies associated with the Program App), are not part of this agreement between you and the Company.