BETTYSWOLLOX AMBASSADOR TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BY CLICKING “I AGREE,” you are entering into a legally binding contract with BettySwollox and are agreeing to be bound by these Brand Ambassador Terms and Conditions which will govern the relationship between you, as a participant in the TeamSwollox Brand Ambassador Program (the “Program”), and BettySwollox.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SUBMIT YOUR APPLICATION OR CONTINUE YOUR PARTICIPATION IN THE PROGRAM.
In addition, if at any time you no longer wish to be bound by these Ambassador Terms and Conditions, you must immediately notify BettySwollox.
Notification of application approval or decline may take up to 14 days.
Definitions. The following terms will have the meanings specified below.
"Ambassador” refers to a person who has been selected by BettySwollox, in its discretion through its online application process, to act as a promoter of the BettySwollox Products via the Ambassador Accounts.
"Ambassador Accounts” refers to one or more of Ambassador’s accounts on Approved Media which has approximately 2,000 followers (or equivalent as determined by BettySwollox in its discretion) and is identified in the Ambassador’s initial application to the Program (or otherwise approved by an BettySwollox representative in writing).
"Approved Media” refers to social media outlets approved by BettySwollox for the Promotional Activities, as the same may be updated by BettySwollox from time to time upon written notice to Ambassadors. The current list of Approved Media is as follows: Facebook, Twitter, TikTok, Pinterest, Instagram and YouTube.
"Promotional Activities” refers to the advertising, marketing and promotion of BettySwollox Products by Ambassador on an Ambassador Account that has been approved by BettySwollox.
“Content” refers to material produced by the Ambassador of use on their social media platforms.
"Spam” means any unsolicited message (such as an e-mail, direct message, text message, or Internet posting) posted or sent to a recipient in which the message is not necessarily personal or relevant to the recipient, and which may cause annoyance to the recipient.
"BettySwollox Products” refers to any fitness-related products offered and sold by BettySwollox to consumers.
"you” or “your” refers to the individual who is currently an Ambassador for BettySwollox or is submitting an application to become an Ambassador through the online process, together with his or her agents, business affiliates, and permitted successors and assigns.
- Application for Enrollment. To become an Ambassador, you (a real live person) must complete and submit the online application. You may not use any “bot” or other automated method to apply for or otherwise participate in the Program. All information included in your application must be true and correct, and it is your duty to notify BettySwollox if anything changes after you become an Ambassador and throughout your participation in the Program. BettySwollox reserves the right to accept or reject your application for any or no reason.
Eligibility Criteria. You must satisfy the following eligibility criteria as of the date that you submit your application and throughout your participation in the Program if you are selected to become an Ambassador. Upon request of BettySwollox at any time, you may be required to provide documentary evidence showing that you satisfy these criteria. If you are unable to produce such evidence, you will be discharged from the Program immediately. You represent, warrant and covenant to BettySwollox that you meet the following criteria:
- You have read, understand, and agree to be bound by the Ambassador Terms.
- You are 18 years of age or older.
- You reside in the United Kingdom.
- You are authorised to work in the United Kingdom.
- You have (at least one) social media account having approximately 3,000 followers or more (or equivalent as determined by BettySwollox in its discretion), which is kept in public mode (except as authorised by BettySwollox) and used for the Promotional Activities.
- You have a PayPal account
- Compliance. You agree to comply with all national and local laws, rules and regulations applicable to you in the course of your participation in the Program and the performance of Promotional Activities, which include but are not limited to the FTC guidelines, these Ambassador Terms and all terms and conditions applicable to your use of the Approved Media.
Promotional Activities. Once you are selected as an Ambassador, you agree to use your best efforts to frequently engage in Promotional Activities on at least one Ambassador Account which has been approved by BettySwollox. All Promotional Activities must be conducted in a manner that is consistent with the authorised use for each BettySwollox Product as outlined on product labels and any marketing or promotional materials provided by BettySwollox from time to time. Promotional Activities include, without limitation, the following:
- Post at least once per week whilst wearing BettySwollox clothing and to tag BettySwollox in those posts.
- Post a mixture of feed and story posts using still shots or video.
- To include our standard wording and hashtags in the comment section of your posts for BettySwollox.
- To put your follower discount code and link to BettySwollox in your bio. And to share and promote your follower discount code to encourage followers to purchase them.
- To use the best quality shots and locations as possible, such as: The gym, any kind of fitness studio, home gym and outdoor spaces.
- To use a variety of shots, for example, in action/training, nicely posed shots of you preferably taken by someone else rather than a ‘selfie’ or simple shots of just the clothing.
- To ensure that the BettySwollox symbol is visible in any shots you post and any other competitor branding is out of shot if possible.
- Posting photo and video content promoting the BettySwollox Products as BettySwollox may request from time to time (“Content”);
- Communicating, networking and/or collaborating with social media influencers, BettySwollox’s social media followers and customers, and any other individuals requested by BettySwollox, to promote the BettySwollox Products as a tool to achieve certain health and fitness goals;
- Attending events, including without limitation, photo and video shoots, appearances at pop up stores, designated events, and any other appearance(s) upon request of BettySwollox (collectively, “Appearances”).
Other Obligations. In order to remain in good standing in the Program, you must also comply with the following:
- Keep your Ambassador Account public at all times (and notify BettySwollox before switching to private);
- Add BettySwollox’s social media accounts as a friend/ follower to your Ambassador Account(s) and other accounts as BettySwollox may add from time to time);
- Promptly respond to all communications from BettySwollox personnel (in no event later than within 24 hours), whether in text, email, phone or any other form;
- Advise BettySwollox personnel promptly of any changes to your Ambassador Accounts or other information previously submitted (whether in your application, through the portal or otherwise);
- Read all labels on BettySwollox Products and use them only as directed.
Inform BettySwollox personnel IMMEDIATELY if you develop a medical condition that prevents you from wearing, using or promoting BettySwollox Products and DO NOT USE them.
- Use of Content. Any content you create and post is entirely your property. BettySwollox Ltd does not have any ownership of the content. Any content that contains BettySwollox clothing and/or branding you give permission for BettySwollox Ltd to reuse on bettyswollox.com and repost on its social platforms, its advertising, in emails, on its sales pages including, without limitation, on its website at its discretion, in perpetuity, with or without notice or compensation. If they choose to do this BettySwollox Ltd will ensure you are credited and/or tagged.
Ambassador Responsibilities. You acknowledge and agree that you are responsible for:
- Any and all activity undertaken in connection with your participation in the Program and on your Ambassador Accounts;
- Conducting yourself at all times with the highest degree of professionalism;
- Behaving in a legal, ethical and business-like manner and maintaining the highest standards of integrity, honesty and responsibility in your dealings with BettySwollox, its staff and customers;
- Presenting and demonstrating BettySwollox Products in a positive, truthful and sincere manner;
- Including any product disclaimer or other language provided by BettySwollox with respect to BettySwollox Products in any and all of your Content as directed by BettySwollox;
- Provide your honest and truthful personal experiences with using any BettySwollox Product in your Content.
Prohibitions/ Restrictions. Ambassador is expressly prohibited from taking any of the following actions, each of which shall be a material breach of the Ambassador Terms:
- Using your follower code on your own orders (commissions will be declined)
- Sharing your exclusive 25% discount code with others. Abuse of this will result in termination of your ambassador role and any unpaid commissions withheld.
- Posting, directly or indirectly, Ambassador’s promotional code or another BettySwollox ambassador’s promotional code on any other website/service;
- Using any promotional coupon or code that is not provided to Ambassador by BettySwollox for the Program, or running any ad with any of BettySwollox’s URLs offering brand ambassador commissions;
- Setting up social media accounts or websites claiming to be BettySwollox or using any part of the company name or variation of it claiming to be associated with BettySwollox Ltd such as 'BSX', ‘Betty-Swollox’ 'TeamBettySwollox, ‘betty-swollox.com’ and any use or variation of the logo and symbol.
- Purchasing followers and/ or likes;
- Making any representations, claims or promises on behalf of BettySwollox, other than those contained in BettySwollox’s official marketing and promotional materials (i.e. on the label or BettySwollox website);
- Promoting BettySwollox Products through unsolicited or Spam communications (including via emails, direct messages, posting comments, providing codes on any platform);
- Engaging in, promoting, contributing to, or creating a platform for offensive, sexually explicit or distasteful materials, inappropriate images or video, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or of any Content that is unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable to BettySwollox in BettySwollox’s sole discretion;
- Transmitting messages or images inconsistent with the positive images and/or goodwill of BettySwollox;
- Engaging in any activity that may divert commissions from other participants in the Program;
- Engaging in any activity that violates or breaches BettySwollox’s or any third party’s legal rights;
- Engaging in any advertising or marketing practices that are deceptive, misleading or fraudulent, including using Spam or sending unsolicited commercial email or direct messages, posting commercial messages or personal discount code to any forum that prohibits the same or on any account’s posts (including BettySwollox’s);
- Presenting BettySwollox’s banners, images or videos as if they are your own or any other site’s (which is usually referred to as copyright or trademark infringement, and is illegal);
- Posting any links to the BettySwollox website or any other BettySwollox platform on any website in which users can post content, including, without limitation, Reddit.com, and any sub-page, sub-domain, or sub-thread thereof;
- Reading, intercepting, recording, redirecting, interpreting or filling in the contents of any electronic form or other materials submitted to BettySwollox by any person or entity; and
- Selling or reselling any of the BettySwollox Products, or offering a cash incentive or discount on BettySwollox Products as a means of promotion that is not within the context of the Program.
- Monitoring; Removal of Content. BettySwollox reserves the right to monitor all Ambassador Accounts and to preview Ambassador’s Content. From time to time, BettySwollox may request changes to and/or removal of Content from any and all of Ambassador’s Accounts in its sole discretion. If you refuse to make any requested changes, BettySwollox may terminate or limit your participation in the Program.
- Term; Termination. The term of the Ambassador Terms shall begin upon submission of your application and continue unless earlier terminated. The Ambassador Terms may be terminated by BettySwollox immediately at any time and for any or no reason, upon BettySwollox’s written notice to you; and by you upon thirty (30) days written notice by you to BettySwollox. Such termination constitutes your termination from the Program; you will be disqualified from receiving any further commission, recognition, communication or compensation from BettySwollox; you must discontinue posting about or publicising your use of BettySwollox Products, and stop making any representations, publicly or privately, in which you could be construed as representing BettySwollox or BettySwollox Products. The obligations related to Confidential Information will continue perpetually after the termination of the Ambassador Terms.
- Payment for Services. For eligible Ambassadors, in consideration of the Promotional Activities and rights granted to BettySwollox with respect to Content, Ambassador will be compensated as follows:
- Free BettySwollox Products. From time to time, BettySwollox may provide the Ambassador with free BettySwollox Products, the value and amount of which shall be determined by BettySwollox.
- Commission. Through Ambassador’s Promotional Activities, Ambassador will receive 10% commission from the value of every sale (not including the postage) generated using their follower code. This will be paid on a monthly basis at the end of each month for which your commission is at least one hundred pounds (£100). (Your commission will roll over to the next month(s) if £100 in commissions is not reached in a given month).This will be paid into the Ambassador’s PayPal account
- Appearances. If given the opportunity to participate in special events or Appearances, Ambassador may be compensated for those appearances as will be set forth in a separate written agreement signed by you and BettySwollox. BettySwollox will strive to give priority to Ambassadors for Appearances but such invitations to participate cannot be guaranteed.
- Exclusions. If a sale is canceled or refunded for any reason, any amount pre-paid to Ambassador will be deducted from the amount owed to the Ambassador. Ambassador will not be paid a commission on sales or orders that are refunded. Ambassador commissions are counted and final numbers are deemed final at the sole discretion and decision of BettySwollox. BettySwollox also reserves the right to change the dates of the commission payout. While BettySwollox makes every reasonable effort to accurately track and pay commissions for all Ambassador sales, BettySwollox is not responsible nor shall be held liable for any technical difficulties, outside events, actions by other Ambassadors, or other uncontrollable events that may disrupt or interfere with BettySwollox’s ability to track sales or pay commissions. BettySwollox has the right to pay commissions to any other person, in its discretion.
Independent Contractor. By entering into the Ambassador Terms, you agree that you are customarily engaged in an independent business of performing Promotional Activities, and are not an employee of BettySwollox. Therefore, you are not entitled to any benefits provided by BettySwollox to its employees, including, without limitation, worker’s compensation benefits or group insurance. Nothing in the Ambassador Terms should be construed to create an employer-employee relationship or any other relationship other than that of an independent contractor.
BettySwollox will not have control or exercise direction over the methods by which you perform the Promotional Activities. You are responsible for creating content and determining when your Content will be shared, with the exception of time-sensitive projects as identified by BettySwollox.
You are responsible for any taxation arising out of your performance of Promotional Activities under the Ambassador Terms.
You understand and agree that BettySwollox will not withhold or make payments for social security, unemployment insurance or disability insurance contributions on your behalf. You agree to indemnify and defend BettySwollox against any and all such taxes or contributions. You are also responsible for all costs, liabilities and expenses you may incur in connection with performing Promotional Activities under the Ambassador Terms.
- Intellectual Property. All BettySwollox trade names, trademarks, logos, slogans, domain names, trade dress, coupons, hypertext links, promotional codes, designs, works of authorship, and other advertising and marketing material (collectively, the “BettySwollox Intellectual Property”) is the property of BettySwollox, and you agree not to use such BettySwollox Intellectual Property except in the form provided to you through the Program, and solely for the purpose and in the manner specifically authorised by BettySwollox. Unless and only to the extent explicitly authorised by BettySwollox, you agree not to modify any BettySwollox Intellectual Property or use any modified or derivative version of any BettySwollox Intellectual Property. Unless and only to the extent explicitly authorised by BettySwollox, you agree not to purchase, use or register any domain name, or any social media profile name, handle, or moniker, that comprises or incorporates any BettySwollox Intellectual Property or any variations, derivatives or misspellings thereof. You agree not to publish, host, or promote any BettySwollox Intellectual Property or other material that misrepresents your relationship with BettySwollox or implies that you are an official site, authorised dealer, or otherwise specially connected with or sponsored by BettySwollox.
- Confidential Information. BettySwollox may disclose to you confidential or proprietary information and trade secrets from time to time (collectively, “Confidential Information”). BettySwollox’s Confidential Information includes, without limitation, all non-public or proprietary information and BettySwollox Intellectual Property, including, but not limited to specifications and other proprietary information relating to the BettySwollox Products, sales figures, software passwords, customers, names and contact information, event format, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, personal information of employees and agents, sponsorship strategies, relationships with vendors, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, inventions, techniques, marketing and other future plans. You agree to hold all Confidential Information in the strictest confidence and not to disclose the Confidential Information to any third party. You agree that BettySwollox is (and will remain) the sole and exclusive owner of all right, title and interest in and to the Confidential Information, and all BettySwollox Intellectual Property. You further agree that you will not, and will cause any employees and other agents to not, use BettySwollox’s Confidential Information for the benefit of anyone other than BettySwollox. You agree not to use BettySwollox’s Confidential Information for any purpose except in the performance of your obligations under the Ambassador Terms.
- Third Parties; Competing Products. BettySwollox recognises that, as an independent contractor, you are available to perform services for entities other than BettySwollox. You agree to notify BettySwollox in writing (email sufficient if acknowledged by an employee of BettySwollox) of any other arrangements. Moreover, you warrant and represent that there is no conflict or potential conflict of interest between your performance of Promotional Activities under the Ambassador Terms and your performance of services under other contracts for services or as an employee of other entities, or under your own brand or involving any products you develop or plan to develop for commercial use or sale, alone or with others, and will ensure that no such conflict arises. If you decide to perform services for a competing brand, your status as an Ambassador will be immediately revoked and you will have no further rights under the Ambassador Terms.
- Indemnity. You will at all times defend, indemnify and hold BettySwollox (including, without limitation, all related and affiliated entities and their respective directors, officers, shareholders, agents and representatives) from and against any and all claims of whatever nature, including without limitation: (i) any violation of Law committed by you or your agents; and/ or (ii) your participation in the Program, and/ or your breach of any obligation, representation or warranty set forth in the Ambassador Terms. Your obligation to indemnify and defend BettySwollox as set forth in this Section shall include reimbursement of any and all legal fees and related costs and expenses incurred by BettySwollox in connection with any such claim.
- Limitation of Liability. BettySwollox will not be liable to you under any legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if BettySwollox has been advised of the possibility of such damages. in no event shall BettySwollox’s cumulative liability to you arising out of or related to your participation in the program, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total amounts paid to you by BettySwollox in the six (6) months preceding the event which gives rise to the claim.
- Disclaimer. BettySwollox makes no express or implied representations or warranties of any kind to ambassador, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded.
- Modification. BettySwollox may change the Ambassador Terms in the future. Unless the Ambassador Terms specify otherwise, BettySwollox will give you prior notice of any significant change and if you find the change unacceptable, you have the right to terminate. However, if you continue to participate in the Program after the end of the notice period, you will be deemed to have accepted the changes. You may not modify the Ambassador Terms by making any typed, handwritten, or any other changes to them for any purpose.
- Miscellaneous. The Ambassador Terms contain the entire agreement with respect to your independent contractor relationship with BettySwollox, and supersede any prior verbal and/or written agreements or representations regarding said relationship, and will be governed by the laws of the United Kingdom. Each party agrees to do all such acts, matters and things and shall sign or execute and deliver all such documents as may in the reasonable opinion of the other party be necessary or expedient to further and more effectively carry into effect the provisions of the Ambassador Terms. All disputes, claims or controversies arising out of or in any way relating to the Ambassador Terms, shall be governed by, construed under, and enforced in accordance with the laws of the United Kingdom, without regard to conflict of laws principles. Both you and BettySwollox agree to resolve all disputes related to the Ambassador Terms, to the fullest extent permitted by law, by final, binding and confidential arbitration in the United Kingdom using an independant service of BettySwollox’s preference. By agreeing to this arbitration procedure, you agree to waive the right to resolve any such dispute through a trial by jury or judge or by administrative proceeding. All claims, disputes, or causes of action under the Ambassador Terms, whether by you or BettySwollox, must be brought in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. The Ambassador Terms are made under the provisions of the United Kingdom Arbitration Act 1996 and will be construed and governed accordingly. Nothing herein shall prevent any party from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Both parties may conduct discovery to the same extent as would be permitted in a court of law. BettySwollox and you shall each be responsible for its/your own costs and expenses in connection with the arbitration.