Please read carefully the terms of this Brand Ambassador Agreement and only sign if you agree to be bound by these terms.
By participating in the Gym Bunny Sportswear Ltd Brand Ambassador program, you are agreeing to all the following Terms and Conditions (the “Agreement”).
HOW THE PROGRAM WORKS
Brand Ambassadors will post offers on their pages with a personal discount code. Ambassadors are credited ONLY if customers complete a purchase using their discount code. In other words, if someone sees an ambassador’s social post and doesn’t complete the purchase using the ambassador’s discount code, they will NOT receive credit for the purchase.
There are 4 basic requirements for participating in the Gym Bunny Sportswear Ltd Brand Ambassador Program.
- Brand Ambassador must be 18 years or older to participate.
- Brand Ambassador must have and actively use at least one social media channel (e.g Instagram, FaceBook, YouTube, etc.).
- Brand Ambassadors must be in compliance with all FTC guidelines, and the terms and conditions of this Agreement.
- Brand Ambassadors must have a social following that is like our target demographic (women ages 18 +) and have at least 1,000 followers on any given social media site.
Gym Bunny Sportswear Ltd reserves the unconditional right to accept or deny any Brand Ambassador who applies via our website or email.
The Brand Ambassador agrees and understands that if any of their communications associated with or for this promotion (marketing, websites, blog posts, videos, audios, emails, Tweets, Facebook posts, etc.) are deemed offensive or inappropriate, that Brand Ambassador will be deemed, at the sole discretion of the Company, ineligible to participate in all Brand Ambassador promotions. The Brand Ambassador in question will then be disqualified from receiving any further commission, recognition, communication or compensation from Gym Bunny Sportswear Ltd.
The Brand Ambassador may also be immediately removed from any & all promotions and Brand Ambassador subscription (and will be in violation of this Agreement) if, at the sole discretion of the Company, the Brand Ambassador’s marketing:
- Contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights, or links to a site that contains such material;
- Contains information regarding, promotes or links to a site that provides information about or promotes illegal activity;
- Promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
- Contains, promotes or links to sexually explicit or violent material;
Uses the Promoter’s banners, brand name, likeness, images, and videos, on their own websites, thus creating market and consumer confusion (which is usually referred to as copyright or trademark infringement, and is illegal). In short: you may not present our banners, images or videos as if they are your own on your own site’s or any other site’s, as it may cause a customer to opt-in thinking they are signing up to receive our communications rather than yours. We firmly believe that if you wish to generate sales, it is in your best interest to establish your own identity, voice, brand and sites, and authentically promote our program(s) in your own way – not posing as its creators;
- Is, for any other reason, deemed to be unsuitable by the Company;
Gym Bunny Sportswear Ltd reserves the right to disqualify and revoke an Brand Ambassador’s standing from any Brand Ambassador program, cancel pending commissions based on inappropriate behavior or marketing by the Brand Ambassador, and to amend this Promotion or Agreement at any time without notification to Brand Ambassador.
BRAND AMBASSADOR CODES
The Brand Ambassador may ONLY utilize their unique code, provided by the Promoter, on the Brand Ambassador’s own websites or emails. The Brand Ambassador may NOT post their code on other websites that are not owned or maintained by the Brand Ambassador or the Brand Ambassador’s brand, with the exception of ads or social media placements. Spamming the internet with discount codes outside of Brand Ambassador’s direct email list, websites or social media pages will be considered a violation of this Agreement and result in a denial of all Brand Ambassador benefits, prizes and commissions.
Discount Codes are intended to drive new customers to the Promotion. The Brand Ambassador may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referral commissions.
The Brand Ambassador may also not purchase the Product through their code for personal use and receive a commission on that sale.
All customer information collected during the Promotion shall be owned by the Promoter and it is at the sole discretion of the Promoter whether or not the customer information will be shared with the Brand Ambassador.
Brand Ambassador commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Product. If a sale is canceled or refunded for any reason, any paid credits will be deducted from the amount owed to the Brand Ambassador and any subsequent payment.
Promoter is NOT responsible for the Brand Ambassador using or maintaining their Brand Ambassador codes and only sales tracked through the Promoter’s system will count towards the Brand Ambassador’s commissions. All sales and commission numbers are tallied by the Promoter and all final sales and commission numbers are at the sole discretion of the Promoter.
While the Promoter makes every reasonable effort to accurately track and pay commissions for all Brand Ambassador sales, the Promoter is not responsible, nor under any circumstances will be held liable, for any technical difficulties, outside events, actions by other Brand Ambassador, or other uncontrollable events that may disrupt or interfere with Promoter’s ability to track sales or pay commissions.
Under no circumstances will Promoter be held liable for any incidental, indirect, or consequential damages, or any loss of revenue or profit that results from the Brand Ambassador’s participation in this program.
Potential Ambassador understands and agrees that the arrangement is not deemed to create an employment, partnership, or joint venture between Gym Bunny Sportswear Ltd and any ambassador.
The Brand Ambassador may not use ANY copyright, trademark, service mark, or general branding of the Promoter without full disclosure and permission of the Promoter.
Brand Ambassador may not:
- Frame the Brand Ambassador’s website to look like the Promoter’s website or to utilize the Promoter’s branding in any way that would confuse customers or the general public as to who is hosting or promoting such a website;
- Take any action that could reasonably cause any customer confusion as to Brand Ambassador’s relationship with Promoter, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
- Read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Promoter by any person or entity;
- Seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Promoter intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter. Promoter may cancel the Brand Ambassador participation in this subscription, withhold or cancel commissions, or take any other action at its sole discretion should the Brand Ambassador carry out any of the behavior above or fail to operate with integrity or within the guidelines of the FTC;
- Seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Promoter or the trade or service marks or names of Promoter’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter.
The Brand Ambassador hereby agrees not to copy, alter, share, use, duplicate, distribute, or adapt any of the Promoter’s confidential information which is not directly provided or approved by the Promoter, or any confidential information – disclosed or otherwise – that comes into its possession under or in relation to this Agreement.
Confidential information includes, but is not limited to, the following types of private information and other proprietary information of a similar nature regarding the Promoter’s business: sales figures, software passwords, Promoter list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, and other similar information that is proprietary to and confidential information of the Promoter.
The Brand Ambassador shall not disclose the terms of this Agreement to any third party other than to the Brand Ambassador’s employees and agents who (a) have a need to have access to such information (b) agree in writing to comply with the confidentiality provisions of this Agreement.
This Agreement imposes no obligation of confidentiality on the Brand Ambassador with regard to any portion of Promoter’s confidential information (a) that is part of the public domain at the time of disclosure; or (b) that becomes part of the public domain after the Promotion without any unauthorized act by or omission of the Brand Ambassador; or (c) if Brand Ambassador can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure; or (d) if permission to use or disclose said confidential information is first obtained by Brand Ambassador in writing from Promoter; or (e) if Brand Ambassador is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information.
INDEMNIFICATION AND LIABILITY
The Brand Ambassador agrees to indemnify and hold harmless Gym Bunny Sportswear Ltd from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which the Brand Ambassador may be subject to be rendered, except those claims that are judicially determined to have resulted from Company’s gross negligence or willful misconduct.
The relationship between the Parties may be terminated by either party on 30 days written notice prior to termination. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.
If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.
This Agreement is the final, complete and exclusive agreement between Gym Bunny Sportswear Ltd and the Brand Ambassador with respect to the subject matter hereof and supersedes and merges all prior discussions between us with respect to such subject matter. No modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, will be effective unless in writing and signed by me and an authorized representative of Gym Bunny Sportswear Ltd.