Terms and Conditions Ambassador Program
WHEN APPLYING FOR THE AMBASSADOR PROGRAM, YOU ARE AGREEING WITH THE FOLLOWING TERMS AND CONDITIONS.
1. Appointment. Kuoser would like The brand ambassador's assistance in promoting / offering / selling Kuoser's products via their social media accounts. Kuoser hereby appoints The brand 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 one-year terms thereafter unless either party provides thirty days prior written notice of its intention of nonrenewal.
3. Deliverables. The brand ambassador will deliver four posts a month on the agreed platforms on behalf of Kuoser. The Services shall conform to the specifications and instructions of Kuoser as outlined in detail in the attached Schedule of Services, abide by the rules of the relevant social media platforms, and are subject to Kuoser's acceptance and approval.
4. Cancellation. Either party may terminate this Agreement at any time without cause upon thirty days prior written notice to the other party.
5. Items to Avoid in Ambassador Posts: The brand ambassador agrees to avoid mentioning the following agreed competitors of Kuoser: XX, XX. The brand ambassador agrees to abide by all guidelines set in the Brand Rule Guidelines. (For example, 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).
6. Approval and Content Origination: The brand ambassador understands that all promotions and products they promote as part of this Agreement are controlled by Kuoser. The brand ambassador assumes all responsibility for verifying that the campaign materials used to meet Kuoser's approval.
7. Compensation. In full consideration of The brand ambassador's performance, his / her obligations and the rights granted herein, The brand ambassador shall be paid a percentage off the sales made through the amount agreed upon between The brand ambassador and Kuoser via e-mail. This includes any agreed bonus incentives should The brand ambassador meet the agreed targets. The brand ambassador will otherwise perform the services at his/her own expense and use his/her own resources and equipment. The brand ambassador acknowledges that the agreed-upon compensation represents The brand ambassador's entire compensation with respect to this Agreement and Kuoser shall have no other obligation for any other compensation to or expenses or costs incurred by The brand ambassador in connection with the performance of its obligations under this Agreement.
8. Material disclosures and compliance with FTC Guidelines. When publishing posts/statuses about Kuoser's products or services, The brand ambassador must clearly disclose his/her "material connection" with Kuoser, including the fact that The brand ambassador was given any consideration, was provided with certain experiences or is being paid for a particular service. The above disclosure should be clear and prominent and made in close proximity to any statements that The brand ambassador makes about Kuoser or Kuoser's products or services. Please note that this disclosure is required regardless of any space limitations of the medium (e.g. Twitter), where the disclosure can be made via Hashtags, e.g. #sponsored. The brand ambassador's statements should always reflect The brand ambassador's honest and truthful opinions and actual experiences. The brand ambassador should only make factual statements about Kuoser or Kuoser's products which The brand ambassador knows for certain are true and can be verified.
9. Payment Terms. Payment can be made by PayPal or check/money order to the address given by The brand ambassador. Payments will be due seven days after the agreed invoice date.
10. Force Majeure. If either party is unable to perform any of its obligations by reason of fire or another 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.
11. Independent Contractor. The brand ambassador is retained as an independent contractor of Kuoser. The brand ambassador acknowledges and agrees that (i) The brand ambassador is solely responsible for the manner and form by which The brand ambassador performs under this Agreement, and (ii) The brand ambassador is a self-employed individual, who performs services similar to the services outlined in the attached Schedule of Services for various entities and individuals other than Kuoser. The brand ambassador is responsible for the withholding and payment of all taxes and other assessments arising out of The brand ambassador's performance of services, and neither The brand ambassador nor any of The brand ambassador's employees or independent clients shall be entitled to participate in any employee benefit plans of Kuoser.