JAWKU Ambassador Program Terms & Conditions

JAWKU Ambassador Program Terms & Conditions

Updated August 2020

By participating in the JAWKU, LLC (“JAWKU” or the “Company”) Ambassador program (the “BA Program”), you (the “Ambassador”) are agreeing to all of the following Terms and Conditions (the “Agreement”). If you do not agree to or understand any of the language in or provisions of this Agreement, then we ask that you please refrain from signing up, or participating in any of our promotions. The responsibility rests on you to completely understand any & all terms before becoming an Ambassador.

As an Ambassador, you are expected to act with honesty, comply with U.S. Federal Trade Commission (“FTC”) guidelines (FTC guidelines), including disclosure of the fact that JAWKU has given you the product(s), and adhere to all laws.

  1. SERVICES

I understand that JAWKU would like the Ambassador’s assistance in promoting / offering / selling JAWKU’s products via Ambassador’s own social media accounts. Ambassador will endorse and promote JAWKU products to the target audience. Ambassador is independent and not an employee of JAWKU or its affiliates.

  1. COMPENSATION

JAWKU will not provide monetary compensation to Ambassador. See Tier Guidelines for product and discounts provided to Ambassador in consideration for Ambassador’s Services.

  1. HOW DO I KNOW IF I’M ELIGIBLE?

There are 3 basic requirements for participating an Ambassador for JAWKU.

1) Ambassador must be 18 years or older to participate.
2) Ambassador must not be the subject of any current proceeding before the FTC.
3) Ambassadors must be in compliance with all FTC guidelines and the terms and conditions of this Agreement.

JAWKU reserves the unconditional right to accept or deny any Ambassador who enters the BA Program on our website for any reason or for no reason whatsoever.

The Ambassador agrees and understands that if any of their communications associated with or for the BA Program (marketing, websites, blog posts, videos, audios, emails, Instagram, Tweets, Facebook posts, etc.) are deemed offensive or inappropriate, in the sole judgment of JAWKU, that Ambassador will be deemed, at the sole discretion of the Company, ineligible to participate in any and/or all current or future Ambassador promotions. The Ambassador in question will then be disqualified from receiving any further commission, recognition, communication or compensation from JAWKU.

The Ambassador may also be immediately removed from any and all promotions and Ambassador subscription (and will be in violation of this Agreement) if, at the sole discretion of the Company, the Ambassador’s marketing related to the BA Program:

  1. Contains unlawful material, including but not limited to materials that may violate a third party’s intellectual property rights, or links to a site that contains such material;
  2. Contains information regarding, promotes or links to a site that provides information about or promotes illegal activity;
  3. 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;
  4. Contains, promotes or links to sexually explicit or violent material;
  5. Uses the Ambassador’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 sites or any other sites, as it may cause a customer to opt-in thinking they are signing up to receive our communications, rather than yours;
  6. Fails to comply with all FTC rules and guidelines, including, but not limited to, failing to accurately and clearly disclose the nature of that relationship between Ambassador and the Company in all marketing materials.
  7. For any other reason, is deemed to be unsuitable by the Company.

JAWKU reserves the right to disqualify and revoke an Ambassador’s standing from any Ambassador program based on inappropriate behavior or marketing by the Ambassador, and to amend the BA Program or Agreement at any time without notification to Ambassador.

In short, only ethical, honest means of promoting our Company are acceptable.

  1. CREATIVE CONTROL

Ambassador will retain creative control over the content, subject to the other requirements and agreements in these Terms and Conditions.

  1. IMAGE SPECIFICATIONS

Ambassador must include original lifestyle photos (no stock photography) in sponsored posts and must not mention or display other brands than JAWKU brands in those posts.

  1. COPY POINTS

Ambassador will come up with his or her own copy. JAWKU may provide copy points for the Ambassador to put in his or her own words and incorporate into the campaign; however, there is no requirement to use the provided copy. JAWKU encourages Ambassadors to write their own words.

  1. TRACKING LINKS/CODES

JAWKU will provide tracking links for the Ambassador to incorporate into sponsored content, upon request.

  1. DEDICATED

This Ambassador campaign is exclusive. No brand names, other than JAWKU’s, may appear or be mentioned in the sponsored post, and any use of the JAWKU brand must be in compliance with JAWKU style guidance.

  1. PLATFORMS

Ambassador is required to post images on Instagram. Posting on other platforms is not required, but is encouraged.

  1. LENGTH OF PARTNERSHIP

Minimum partnership of one month is required. Ambassador or JAWKU may terminate the partnership at any point after the initial one-month period by giving official notice in writing via email. JAWKU reserves the right to terminate the partnership at any time if Ambassador is determined by JAWKU to be in violation of the Agreement.

  1. TIMING

All photos must be posted within one month of applying discount or receiving product.  

  1. DELIVERABLES

The Ambassador will deliver the agreed number of posts on the agreed platforms on behalf of JAWKU according to the delivery schedule specified by JAWKU in the Tier Guidelines. The Services shall conform to the specifications and instructions of JAWKU as outlined in detail in the Tier Guidelines, abide by the rules of the relevant social media platforms, and are subject to JAWKU's acceptance and approval upon request.

  1. PREVIEW OF POSTS

Preview of posts for review by JAWKU are not necessary, unless requested specifically by JAWKU. 

  1. OWNERSHIP

Ambassador owns all images. JAWKU has the right to use Ambassador’s images on marketing materials and social media platforms, and by participation in this partnership, Ambassador licenses JAWKU the right to use Ambassador’s images created for the BA Program, in whole or in part, on their own or as part of a compilation of images, video, or audio, on a perpetual, non-exclusive, fully-transferable, world-wide basis, without further compensation, with or without attribution, in JAWKU’s sole discretion.

  1. TIER GUIDELINES

Specific campaign requirements are explained in the Tier Guidelines.

  1. RELATIONSHIP OF PARTIES

Although we love our Ambassador, nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between JAWKU and the Ambassador. Under no circumstances will JAWKU be held liable for any actions or results of the Ambassador.

Ambassador is participating in the Ambassador program as a fully independent entity and is responsible for any and all federal, state, local, and/or foreign income taxes, gift taxes, and self-employment taxes, and any and all other federal, state, and local licenses, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and worker’s compensation insurance.

  1. CONFIDENTIALITY AGREEMENT

The Ambassador hereby agrees not to copy, alter, share, use, duplicate, distribute, or adapt any of JAWKU’s confidential information which is not directly provided or approved by JAWKU, 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 JAWKU’s business: sales figures, software passwords, JAWKU 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 JAWKU.

The Ambassador shall not disclose the terms of this Agreement to any third party other than to the 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 Ambassador with regard to any portion of JAWKU’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 without any unauthorized act by or omission of the Ambassador; or (c) if 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 Ambassador in writing from JAWKU; or (e) if Ambassador is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information and then only to the extent required; provided, however, that Ambassador, to the extent lawful, first notifies JAWKU and assists JAWKU in any effort to maintain the confidentiality of such disclosure, including without limitation, seeking a protective order.

  1. INDEMNIFICATION AND LIABILITY

The Ambassador agrees to indemnify and hold JAWKU harmless from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or resulting from Ambassador’s participation in the BA Program or other acts or omissions, except to the extent judicially determined to have resulted from Company’s gross negligence or willful misconduct.

  1. SEVERABILITY

If any provision or covenant, or part thereof, of this Agreement should be held by any court or other tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, then 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.

  1. CHOICE OF LAW

This Agreement will be governed by the laws of the State of Arizona, without regard to conflicts of law principles.

  1. CONTACT

You can reach us at XXXXXXXXXXXXXXXX.

 

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