Brand Ambassador Agreement
TBC Apparel actively supports the advertising and promotion of its products by selected and respected members of the health, wellness and fitness community. This agreement outlines the terms and conditions of your relationship with TBC Apparel as a Brand Ambassador.
By applying to become a Brand Ambassador for TBC Apparel, you agree to the following terms:
1. Endorsed Products:
Endorsed products are products sold under any of the TBC Apparel family of brands.
2. Brand Ambassador Requirements:
All Brand Ambassadors are required to complete the following:
Brand Ambassadors who do not follow the requirements can be subject to termination, suspension or their commissions being held until all requirements are followed.
3. Contract Territory:
You will be an Australian based Brand Ambassador, the territory for an Australian Brand Ambassador shall be within the Australian States exclusively and all Australian territories.
TBC Apparel does not require the exclusive representation of our brand. You are free to represent any other brand or product that you choose, unless in doing so you are in breach of any other of the conditions herein.
5. Use of Endorsed Products:
You acknowledge and agree that you have read all product warning labels, that you are over the age of 18, and you have no medical condition that prevents you from using our product; all products provided as part of this relationship may not be re-sold.
6. Promotion of Endorsed Products:
You agree to use your best efforts to promote the Endorsed Products in a manner consistent with its authorized use and as outlined on product labels. Approved social media sites include but not limited to, Facebook, Twitter, Pinterest, Snapchat, Instagram, Vine, Tumblr and YouTube. If you are unsure if your preferred platform is approved, please contact us. You are required to notify TBC Apparel of the media outlets you use and add TBC Apparel as a friend/follower. You will be notified of any disapproved social media sites as they are disapproved.
7. Prohibited Content:
Brand Ambassador agrees that they will not post content on any social media platform, as determined by TBC Apparel 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 TBC Apparel wishes to associate;
- violates any law.
You agree to hold TBC Apparel, 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.
11. Intellectual Property:
Brand Ambassador acknowledges and hereby agrees to grant TBC Apparel, the unlimited and unencumbered use of all work product developed by Brand Ambassador in conjunction with the performance of services for TBC Apparel. 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, Brand Ambassador grants TBC Apparel and its successors, assigns, licensees and designees permission to use Brand 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 TBC Apparel websites and via TBC Apparel’s Social Media Platform accounts), worldwide in perpetuity, for any purpose without additional compensation, consideration, notification or consent.
b. Brand Ambassador is not authorized to use any copyrighted content from any other companies to promote the TBC Apparel brand. TBC Apparel will not be responsible for any disputes involving the unauthorized use of any other company’s intellectual property.
12. Term and Termination:
The effective date of this agreement is taken as the day you accept the terms and submit your request to join the ambassador programme
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.
13. Governing Law:
This Agreement shall be construed in accordance with the laws of Australia.
14. Commission Credit:
To receive credit for a purchase towards your commissions, the user must have clicked on your tracking link as the last click before arriving to the site and purchasing (and not on a TBC Apparel’s ad).
Once a user clicks on your tracking link, a cookie will be placed on their browser for 30 days, giving you commission credit for purchases that take place for that user within that time (as long as it’s the last click, see above.)
You cannot receive commission on any purchase that uses your personal discount code.
You cannot receive commission on your own orders.
Your commission amount will be based on a percentage of the Discount Subtotal for each purchase generated by your tracking link.
All commissions will be paid out monthly at the end of the next calendar month through Paypal. All Brand Ambassadors must sign up for a Paypal account to receive their commissions. All commissions paid out through PayPal that are not claimed within 30 days will be automatically forfeited.
We reserve the right to remove any Brand 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.
18. 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.