This Brand Ambassador Agreement (the “Agreement”) is a binding contract by and between BlendJet Inc. (“BlendJet”), and the individual intending to enroll and/or participate in BlendJet’s brand ambassador program “Ambassador”, and together with BlendJet, the “Parties”).
IN BLENDJET’S SOLE DISCRETION, AMBASSADOR MAY BE OFFERED THE OPPORTUNITY TO PARTICIPATE IN BLENDJET AMBASSADOR PROGRAM ACTIVITIES. SUCH ACTIVITIES AND AMBASSADOR’S PARTICIPATION THEREIN SHALL BE BASED ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, IN ADDITION TO CERTAIN TERMS AND CONDITIONS THAT SHALL BE PROVIDED TO AMBASSADOR OR OTHERWISE MADE AVAILABLE TO AMBASSADOR, AND THAT MAY BE MODIFIED FROM TIME TO TIME IN BLENDJET’S SOLE DISCRETION. AMBASSADOR’S PARTICIPATION IN SUCH ACTIVITIES SHALL BE DEPENDENT ON THE CONDITION THAT AMBASSADOR ACCEPTS AND COMPLIES WITH THIS AGREEMENT AND ANY AND ALL OTHER TERMS AND CONDITIONS THAT MAY BE APPLICABLE.
BY CLICKING THE “ACCEPT” BUTTON, AND/OR BY APPLYING TO PARTICIPATE IN BLENDJET AMBASSADOR PROGRAM ACTIVITIES, AMBASSADOR: (A) ACCEPTS THIS AGREEMENT AND AGREES THAT AMBASSADOR IS LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENTS THAT: (I) AMBASSADOR IS 18 YEARS OF AGE OR OLDER; AND (II) AMBASSADOR HAS THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND BE BOUND BY ITS TERMS.
IF AMBASSADOR DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, BLENDJET WILL NOT AND DOES NOT ACCEPT AMBASSADOR’S ENROLLMENT OR PARTICIPATION IN ANY BLENDJET AMBASSADOR PROGRAM ACTIVITIES.
Independent Contractors.
The relationship between BlendJet and Ambassador is that of independent contractor. Ambassador is neither an agent nor employee of BlendJet for federal tax purposes or any other purpose whatsoever. Ambassador shall not enter into any contract, assume any obligations, make any warranties or representations on the BlendJet’s behalf, or represent that Ambassador is an agent, employee or representative of BlendJet. Ambassador will have the sole discretion to determine the method, manner and means by which services will be performed.
As an independent contractor, Ambassador may not participate in any BlendJet plan or arrangement for employees, including retirement, profit sharing, bonus, medical and other insurance, vacation and/or sick leave plans or arrangements. Ambassador hereby waives any right that Ambassador later may have to such benefits if his, her or its status is characterized in a way that otherwise would entitle that person to benefits.
Content Restrictions.
Ambassadors must only post their own original content and not content someone else created or owns.
Third Party Content; Products and FTC Guidelines
If any content posted by Ambassador includes references to, or images of, third parties (i.e., someone other than you) or other performances or content provided by third parties, copyrights (including without limitation, copyrighted images, photographs, videos, music, footage), likeness, trademarks or rights of privacy or publicity, Ambassador agrees that Ambassador has all necessary permissions from these third parties to permit BlendJet and/or any of its partners to use and display the third party content, including releases from all persons appearing in a photograph, video recording, or other content, location releases for all recognizable locations, and releases from anyone who assisted in the creation of a photograph, video recording, or other content. Ambassador must be able to provide all appropriate clearances, permissions and releases from anyone who assisted in the creation of such photographs, video recordings, or other content Ambassador posts in connection with this Agreement. In the event Ambassador cannot provide all required releases upon our request, BlendJet reserves the right, in its sole discretion, to require Ambassador to take down the relevant post, or seek to secure the releases and clearances for BlendJet’s benefit.
Ambassadors may only post their referral codes or referral links on social media accounts and websites they own and operate themselves.
Ambassadors may not spam their referral link or code on BlendJet's social media post comments or other people's social media posts and articles.
Ambassadors may not post their referral code or referral link to coupon websites.
Ambassadors will not engage in any marketing practices that are fraudulent or misleading, nor shall Ambassadors send unsolicited commercial emails about BlendJet, post in forums that do not allow commercial posts, or engage in any type of spam advertising. Ambassador is solely responsible for, and may be liable for, any false or misleading claims that Ambassador makes about any product, its manufacturer or promoter. Ambassador agrees to review and adhere to all applicable FTC guidelines, any particular restrictions or guidelines regarding product reviews, and any applicable policies and guidelines of BlendJet and/or its advertising partners. Ambassador shall make any and all disclosures as BlendJet may reasonably designate or instruct in an effort to comply with any of the foregoing.
If BlendJet suspects fraudulent activity, we will investigate and reserve the right to refuse payment for referrals we deem fraudulent.
Ambassadors will not misrepresent themselves as employees of BlendJet.
Ambassadors will not create any websites or social media accounts that imitate the official BlendJet site and social media accounts.
Ambassadors will not receive a commission for BlendJet items they buy using their own referral code.
Compensation.
BlendJet shall have sole discretion to determine compensation for Ambassador, including but not limited to free promotional giveaways and cash compensation for referrals facilitated by Ambassador.
BlendJet reserves the right to modify or terminate any compensation model or promotional offer to Ambassador at any time, for any reason, with or without prior notice.
Participation in the BlendJet Ambassador program does not entitle Ambassador to any opportunity to receive free items, monetary compensation, or to participate in the BlendJet Ambassador store. Any such compensation or award must be earned by Ambassador in accordance with any and all terms and conditions supplied by BlendJet that govern any such compensation.
Ambassador may be eligible to receive BlendJet Reward Points for successfully completing activities that have been identified by the BlendJet moderators, subject to any terms and conditions that shall govern the award of BlendJet Reward Points. BlendJet reserves the right to mandate administrative approval of Ambassador’s performance of any activities that may qualify for BlendJet Reward Points. BlendJet Reward Points shall have no monetary value, but BlendJet may in its sole discretion allow such points to be redeemed for items in the BlendJet Ambassador Store, according to any applicable terms and conditions.
Term and Termination.
This Agreement shall continue for an initial term of one (1) year (the “Initial Term”), and shall automatically renew for successive one (1) year terms thereafter if not otherwise terminated in accordance with this Section.
This Agreement shall be terminable by either BlendJet or Ambassador at any time, for any reason, with or without prior notice.
Ambassador may, from time to time, interact with or receive direction from an administrator of the BlendJet Ambassador Program. Failure to follow the direction of an administrator of the BlendJet Ambassador Program shall be deemed a material breach of this agreement and result in immediate termination of the Agreement.
Expenses.
Ambassadors are under no obligation to incur personal expenses in order to be in the BlendJet Ambassador program. BlendJet is under no legal obligation to reimburse Ambassadors for expenses they incur while participating on the BlendJet Ambassador Program.
Other.
Ambassadors must comply with any other terms and conditions that may be applicable to third party software platforms, or other services, that are used by BlendJet Brand Ambassadors from time to time.
Intellectual Property.
Any content Ambassador creates and posts in connection with this Agreement must be Ambassador’s original content and never before published by Ambassador or any third party. Ambassador shall own all original content.
Ambassador hereby grants to BlendJet an exclusive, worldwide, irrevocable, royalty-free, sublicensable, and transferable license and right to use and exploit any content created by Ambassador under this Agreement, including without limitation to link to or independently re-publish (in whole or in part) any such content. BlendJet may sublicense and transfer such content to the extent necessary for use on its social media channels.
Ambassadors will not purchase or bid on phrases, keywords or terms in search engines that could be associated with BlendJet, its intellectual property, websites, or marketing channels.
Confidentiality Obligations.
Ambassador agrees that all inventions, business, technical and financial information (including, without limitation, the identity of and information relating to customers or employees) that Ambassador develops, learns or obtains in connection with this Agreement or that are received by or for Ambassador in confidence, and any and all results and proceeds from the ambassador’s provision of services under this Agreement shall constitute “Proprietary Information” and shall be owned solely by BlendJet. Ambassador will hold in confidence and not disclose any Proprietary Information; nor will Ambassador use any Proprietary Information, except in performing services under this Agreement.
Upon termination and as otherwise requested by BlendJet, Ambassador will promptly return to BlendJet all items and copies containing or embodying Proprietary Information.
Any breach of this Section will cause irreparable harm to BlendJet for which damages would not be an adequate remedy, and therefore BlendJet will be entitled to injunctive relief with respect thereto in addition to any other remedies for any breach of this Section.
Governing Law and Disputes.
This Agreement shall be interpreted and governed in accordance with the laws of the State of California, USA, without regard to the conflicts of law provisions thereof. The Parties will attempt in good faith to resolve any dispute in connection with this Agreement through friendly consultations. In the event such dispute is not resolved within thirty (30) days following written notice by either party to the other party specifying the nature of the dispute, the Parties will be limited to resolving the dispute by binding arbitration in proceedings conducted in the English language in San Francisco, California, USA, and administered by the American Arbitration Association, before a single arbitrator under its Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Complete Agreement
This Agreement is the complete agreement between the Parties with respect to the subject matter thereof, superseding all previous understandings and agreements, written or oral. It may be modified, amended, or any provision thereof waived, only by a writing signed on behalf of the party against which such modification, amendment or waiver is asserted.