This Brand Ambassador Agreement ("Agreement") is entered between PROD Bldg, hereinafter referred as the” Brand” and the its brand Ambassador, hereinafter referred as the “Ambassador”.
The Brand and the Ambassador agree:
1. Appointment. The Brand would like the Ambassador’s assistance in promoting / offering / selling the Brand’s products via their social media accounts. The Brand hereby appoints the Ambassador as its representative on a non-exclusive, non-employee basis to endorse and promote its services to the target audience.
2. Term. This Agreement shall have an initial term of six months and shall automatically renew for additional six month terms thereafter unless either party provides thirty days prior written notice of its intention of nonrenewal.
3. Deliverables. The Ambassador will deliver the agreed number of posts on the agreed platforms on behalf of the Brand according to the delivery schedule specified by the Brand. The Services shall conform to the specifications and instructions of the Brand as outlined in detail in the attached Schedule of Services, abide by the rules of the relevant social media platforms, and are subject to the Brand's acceptance and approval. The Brand has a maximum of XX days to reject any deliverable in accordance with this Section and must notify the Ambassador within XX days of receipt of work that additional revisions and/or amendments will be requested.
4. Cancellation. Either party may terminate this agreement upon ten days prior written notice if the other party breaches this agreement and does not cure such breach within 15 days. In addition to any right or remedy that may be available to the Brand under this agreement or applicable law, In addition, in the event that the Ambassador has breached this agreement, the Brand may (i) immediately suspend, limit or terminate the Ambassador’s access to any Brand account and/or (ii) instruct the Ambassador to cease all promotional activities or make clarifying statements, and the Ambassador shall immediately comply. Either party may terminate this agreement at any time without cause upon thirty days prior written notice to the other party.
5. Collateral Details. The Brand shall provide the necessary content and briefing materials to enable the Ambassador to perform the Ambassador marketing services. If the Ambassador has obtained employees or agents (the "Ambassador Personnel"), the Ambassador shall be solely responsible for all costs associated with the Ambassador Personnel.
6. Items to Avoid in Ambassador Posts: The Ambassador agrees that all blog posts, social media statuses, tweets, and/or comments should be in good taste and free of inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age).
7. Approval and Content Origination: The Ambassador understands that all promotions and products they promote as part of this agreement are controlled by the Brand. The Ambassador assumes all responsibility for verifying that the campaign materials used meet the Brand’s approval.
8. Confidentiality and Exclusivity. During the course of the Ambassador's performance of services for the Brand, the Ambassador will receive, have access to and create documents, records and information of a confidential and proprietary nature to the Brand and customers of the Brand. The Ambassador acknowledges and agrees that such information is an asset of the Brand or its clients, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of the Brand and its clients must be kept strictly confidential and used only in the performance of the Ambassador's duties under this Agreement. The Ambassador agrees that he/she will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of the Brand or as otherwise directed by the Brand in the course of the Ambassador's performance of services under this Agreement, and thereafter only with the written permission of the Brand. Upon termination of this Agreement or upon the request of the Brand, the Ambassador will return to the Brand all of the confidential information, and all copies or reproductions thereof, which are in Ambassador's possession or control. The Ambassador agrees that during the tenure of this contract, and for a three-month term afterward, the Ambassador will not undertake Ambassador marketing for a competitor in the same vertical as the Brand.
9. Compensation. In full consideration of the Ambassador’s performance, his / her obligations and the rights granted herein, the Ambassador shall be provided items such as, free products and exclusive discount code, which is at the Brand’s discretion.
10. Force Majeure. If either party is unable to perform any of its obligations by reason of fire or other casualty, strike, act or order of public authority, act of God, or other cause beyond the control of such party, then such party shall be excused from such performance during the pendency of such cause.