BRAND AMBASSADOR PROGRAM AGREEMENT
(January 21, 2022)
As an applicant for the Andalou Naturals Brand Ambassador program, we ask that you (“Brand Ambassador,” “you,” or similar terms) read the terms and conditions before completing the application. If you apply, you agree to each of our (“Andalou Naturals,” “us,” “we,” or similar terms) listed below. In exchange for the opportunity to participate as a Brand Ambassador you hereby irrevocably and unconditionally covenant and agree for yourself, and your heirs, estate, insurers, successors, and assigns, as follows:
1. Description of the Program. As an Andalou Naturals Brand Ambassador, you will advocate for our brand and help represent it to increase our brand awareness. We ask Brand Ambassadors to engage in a variety of tasks including, but not limited to, posting on social media platforms, contributing written content to our website, and completing private surveys to provide feedback to our company. Upon completion of our application form, we will reach out to you when you have been accepted or rejected. Andalou Naturals reserves the unconditional right to reject anyone who does not agree to these terms or does not meet our qualifications for this program. Please note that Andalou Naturals may not accept your application if we do not have the capacity for any additional Brand Ambassadors at the specified time, although we would encourage interested individuals to consider applying again. Once accepted, you will receive an e-mail with additional details for next steps.
2. Participation in the Program. All Brand Ambassadors must be 18 years of age or older to join the Brand Ambassador program and must not be employees or agents of Andalou Naturals or its affiliated companies. Brand Ambassadors must be personally experienced with Andalou Naturals products as customers of our company. We reserve the right to terminate your participation in the Brand Ambassador program for any reason or for no reason at any time, including in the event you do not meet the minimum requirements for active participation or if you engage in any of the prohibited behaviors. In exchange for your participation in the Brand Ambassador program, Andalou Naturals may provide you with certain non-monetary consideration such as free or discounted (via a customized promotion code) Andalou Naturals products. You will not receive any financial, cash, or other compensation for your participation in the Brand Ambassador program.
3. Prohibited Behaviors. As a public advocate for our brand, we hold all Andalou Naturals Brand Ambassadors to the highest standard of integrity and responsibility in maintaining the reputation of the company. We will not tolerate any disrespectful behavior towards other Brand Ambassadors or our customers. Any actions associated with this program (marketing, websites, blog posts, videos, emails, Tweets, Facebook or Instagram posts, etc.) deemed offensive or inappropriate at the sole discretion of Andalou Naturals will result in immediate removal from the program and forfeit of all promotional codes effective immediately. Additionally, Brand Ambassadors must treat others with respect and refrain from using profanity on all social media posts. As a Brand Ambassador, you are also not allowed to sell Andalou Naturals products on unauthorized websites on the internet or in retail establishments. Your promotion code is for you to post solely on your personal social media platforms and cannot be gifted to a third party. You may not use paid advertising, search, or social pages to promote your promotion code that is given to Brand Ambassadors exclusively through our program. You may not comment your promotion code on any Andalou Naturals social media channels (Instagram, Twitter, Facebook). Brand Ambassadors are not allowed to enter any stores that sell Andalou Natural products and share their promotion codes with customers. Additionally, you are prohibited from adding your promotion code to coupon sites. Remember, the purpose of the Andalou Naturals Brand Ambassador program is to raise awareness about our brand by engaging new customers with our brand. However, these unethical methods for soliciting customers will not be tolerated by Andalou Naturals.
4. Content Guidelines. Your posts on social media channels should be genuine, original content based on your honest and truthful opinions and actual experiences with Andalou Naturals products. Brand Ambassadors should not make any statements which are negative, defaming or potentially damaging in any way whatsoever to Andalou Naturals or its products. In addition, you should not create any content that is discriminatory on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability. You should not make “claims” about the performance of Andalou Naturals products unless expressly approved by Andalou Naturals and there is support for such claims. You agree to remove content from your social media platforms upon our request. You represent and warrant that all content not comprising materials provided by Andalou Naturals will not infringe the rights (including without limitation, any intellectual property rights) of any third party.
5. Compliance with FTC Guidelines. You agree to disclose your “material connection” with Andalou Naturals, including the fact that you were provided with free or discounted products in compliance with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising by using #sponsored when making any statement about Andalou Naturals products.
6. Use of Intellectual Property. Unless otherwise indicated in this Agreement, all content appearing on the Andalou Naturals website (including but not limited to site design, text, graphics, logos, images and icons) are the sole property of Andalou Naturals. By signing this Agreement, you understand that you are not granted rights to any of our trademarks, logos, or intellectual property owned by Andalou Naturals. As a Brand Ambassador, any reproduction, distribution, modification, or publication of our copyrighted material on your behalf is strictly prohibited without our company’s express written consent. Additionally, you must not repost or use any Andalou Naturals brand assets without the consent of our company. By signing this Agreement, you allow Andalou Naturals and its affiliated companies the non-exclusive right to use any visual or written digital content you send us, even if you choose to exit the program. Your submission of any materials as part of a Brand Ambassador activity automatically gives our company and its affiliates the usage rights to natively and/or via repost in order to share the related content on our website, blog, social media accounts, and paid advertising, without requesting your special permission. Such usage rights include the right to repurpose and translate such content. These materials include, but are not limited to, pictures, videos, blog posts, survey responses, and personal testimonials.
7. Confidentiality. You understand that you may be exposed to information about the Andalou Naturals and its products and ideas, as well as information about the Brand Ambassador program, that may not have been disclosed to the public (collectively, the "Confidential Information"). You agree to maintain the confidentiality of all Confidential Information disclosed to you in connection with being a Brand Ambassador, and to hold all Confidential Information in strict confidence.
8. Independent Contractor. The relationship between Andalou Naturals and a Brand Ambassador is solely an independent contractor relationship, and no employment, partnership, joint venture or agency relationship will exist. You acknowledge and agree that you are responsible for the withholding and payment of all taxes and other assessments arising out of your participation as a Brand Ambassador.
10. Choice of Law. This Agreement and all matters arising out of or relating to this agreement are governed by and construed in accordance with the laws of the State of California without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California.
11. Dispute Resolution and Binding Arbitration.
(a) YOU AND ANDALOU NATURALS GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. YOU ACKNOWLEDGE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(b) ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND THE COMPANY ARISING FROM OR RELATING IN ANY WAY TO MY PARTICIPATION AS A BRAND AMBASSADOR WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(c) The arbitration will be administered by the American Arbitration Association in accordance with the Consumer Arbitration Rules then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will take place in San Francisco, California.
(d) A single, mutually agreed arbitrator will have exclusive authority to resolve any dispute relating to the enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
12. Withdrawal. You can withdraw as a Brand Ambassador at any time, but you cannot terminate, cancel, or revoke this Agreement for any reason. We will revoke any promotional codes within 14 days of you withdrawing as a Brand Ambassador.
13. Miscellaneous. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. This Agreement supersedes any oral or written statements made by or to me in connection with the Brand Ambassador program. This Agreement may not be modified except by a written agreement that specifically refers to the provision or provisions to be amended and that is signed by an authorized representative of Andalou Naturals. Andalou Naturals may routinely modify the terms of this Agreement by changing, adding to, or removing any part of our website. At any time, we can alter this Agreement without notice to Brand Ambassadors and post the updated version on this site.