Brand Ambassador Agreement - Ke Bella

Brand Ambassador Agreement

 

Please read carefully the terms of this Brand Ambassador Agreement and only accept if you agree to be bound by these terms.

By participating in the Ke Bella Jewelry (The company)’s Brand Ambassador program, you are agreeing to all the following Terms and Conditions (the “Agreement”).

HOW THE PROGRAM WORKS

As a Ke Bella Jewelry Brand Ambassador you will promote our jewelry through out your community and social media platforms. Posting photos, and videos of you wearing our jewelry in every aspect of your life. We want you to share your inspirations and enthusiasm with our growing and like-minded community.

The Brand Ambassador is expected to participate in actively marketing our brand on-line. This entails generating online content for all social media platforms. As an ambassador it’s also important to be knowledgeable about our products in every aspect – from sharing details of specific items and/or simply sharing the fact that we are based in Miami, FL.

Remember visual context and quality of content are incredibly important; this will increase the power of promotion and help drive commission earned!

What you will get?

  • $150 Store Credit to use at Ke Bella Jewelry’s website.
  • Individual Promo Code to share with your community for %15 Discount on their purchase.
  • Earn %10 Commission on the Net Sales Generated through your Promo Code.

Brand Ambassadors in return will:

  • During the Initial 30-day period, AT MINIMUM 3 TIMES A WEEK; create and share in their social media platforms, original, quality content with our Jewelry. By content we mean; Instagram photo & video posts, Instagram stories, Facebook posts, Youtube reviews, Blog Posts.   
  • Share their INDIVIDUAL PROMO CODES on their social media channels, with friends and family in order to generate sales for the company and earn commission.
  • Tag or mention @kebellajewelry every time they post.
  • Engage with and Build new followers who have the similar interests (Jewelry, Fashion, Beauty)

 

After 1stOne-Month period, Brand Ambassadors are encouraged to continue to create new content and/or share existing content from Ke Bella Jewelry’s Social Media channels, to engage with their followers and generate sales.

Ambassadors are reassessed every 3 months. It is not guaranteed that your contract will be renewed.

During the Initial 30 day period, in the event, Brand Ambassador fails to meet the minimum requirements listed above; the Company reserves the right to immediately terminate this Agreement. In such case, Brand Ambassador will either return the merchandise or compensate the company for the free merchandise credit received.

ELIGIBILITY

There are 5 basic requirements for participating in Ke Bella Jewelry’s Brand Ambassador Program.

  1. Brand Ambassador must be 18 years or older to participate.
  2. Brand Ambassador must reside in the U.S. or Canada
  3. Brand Ambassador must have and actively use at least one social media channel (e.g. Instagram, Pinterest, FaceBook, YouTube, etc.).
  4. Brand Ambassadors must be in compliance with all FTC guidelines, and the terms and conditions of this Agreement.
  5. Brand Ambassadors must have a social following that is like our target demographic (women ages 25 +) and have at least 5,000 followers on any given social media site.

 

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

The Brand Ambassador may also be immediately removed from Brand Ambassador Program (and will be in violation of this Agreement) if, at the sole discretion of the Company, the Brand Ambassador’s marketing:

  1. Contains unlawful material, including but not limited to materials that may violate another’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. Is, for any other reason, deemed to be unsuitable by the Company;

Ke Bella Jewelry reserves the right to disqualify and revoke an Brand Ambassador’s standing from any Brand Ambassador program, cancel pending commissions based on inappropriate behavior or marketing by the Brand Ambassador, and to amend this Promotion or Agreement at any time without notification to Brand Ambassador.

BRAND AMBASSADOR LINKS

The Brand Ambassador may ONLY utilize their unique PROMO CODE, provided by the Company, on the Brand Ambassador’s own websites, social media channels or emails. The Brand Ambassador may NOT post their Promo Code on other websites that are not owned or maintained by the Brand Ambassador or the Brand Ambassador’s brand, with the exception of ads or social media placements. Spamming the internet with links outside of Brand Ambassador’s direct email list, websites or social media pages will be considered a violation of this Agreement and result in a denial of all Brand Ambassador benefits, prizes and commissions.

Promo Codes are intended to drive new customers to the Ke Bella Jewelry’s website. The Brand Ambassador may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referral commissions.

The Brand Ambassador may also not purchase the Product through their link for personal use and receive a commission on that sale.

All customer information collected during the Promotion shall be owned by the Company, and it is at the sole discretion of the Company whether or not the customer information will be shared with the Brand Ambassador.

PAYMENT DETAILS

10% Commission on Net *Fullfilled Sales

All commissions will be paid out monthly by the end of the next calendar month through Paypal. All ambassadors must sign up for a Paypal account in order to receive their commissions. All commissions paid out through PayPal that are not claimed within 30 days will be automatically forfeited.

Example of a commission calculation

 

Order amount:                                                               $100

Customer uses the Promo code (15%):                         -$15

                                                                                      _______

Order gets fullfilled (shipped to customer)

*Net Sales Fullfilled                                                         $85

 

Brand Ambassador’s Commission:     $85 * 0.10= $8.50

Ke Bella Jewelry has a very large selection of products and not every product is in stock at all times. When a customer places an order for item that’s not in stock, that’s called a pre-order and It might take upto 6 weeks to fullfill that customer’s order.

Brand Ambassador commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Product. If a sale is canceled or refunded for any reason, any paid commission will be deducted from the amount owed to the Brand Ambassador and any subsequent payment.

While the Company makes every reasonable effort to accurately track and pay commissions for all Brand Ambassador sales, the Company is not responsible, nor under any circumstances will be held liable, for any technical difficulties, outside events, or other uncontrollable events that may disrupt or interfere with Company’s ability to track sales or pay commissions.

Under no circumstances will Company be held liable for any incidental, indirect, or consequential damages, or any loss of revenue or profit that results from the Brand Ambassador’s participation in this program.

RELATIONSHIP

The Brand Ambassador understands and agrees that the arrangement is not deemed to create an employment, partnership, or joint venture between Ke Bella Jewelry and any ambassador.

The Brand Ambassadors, as self-employed entrepreneurs, are responsible for compliance with the relevant statutory provisions, including tax and social security law requirements (e.g. obtaining a sales tax identification number, registration of employees in with the social security institutions, and the obtention of trading license, if necessary). To this extent, the Brand Ambassadors shall ensure that all commission income earned in the context of their work is properly taxed at the location of their headquarters.

 

RESTRICTIONS

The Brand Ambassador may not use ANY copyright, trademark, service mark, or general branding of the Company without full disclosure and permission of the Company.

Brand Ambassador may not:

  1. Frame the Brand Ambassador’s website to look like the Company’s website or to utilize the Company’s branding in any way that would confuse customers or the general public as to who is hosting or promoting such a website;
  2. Take any action that could reasonably cause any customer confusion as to Brand Ambassador’s relationship with the Company, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
  3. Read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to the Company by any person or entity;
  4. Seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Company intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Company. The Company may cancel the Brand Ambassador participation in this program, withhold or cancel commissions, or take any other action at its sole discretion should the Brand Ambassador carry out any of the behavior above or fail to operate with integrity or within the guidelines of the FTC;
  5. Seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Company or the trade or service marks or names of Company’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Company.

CONFIDENTIALITY AGREEMENT

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

The Brand Ambassador shall not disclose the terms of this Agreement to any third party other than to the Brand 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 Brand Ambassador with regard to any portion of Company’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 after the Promotion without any unauthorized act by or omission of the Brand Ambassador; or (c) if Brand 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 Brand Ambassador in writing from Company; or (e) if Brand Ambassador is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information.

INDEMNIFICATION AND LIABILITY

The Brand Ambassador agrees to indemnify and hold harmless Ke Bella Jewelry from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which the Brand Ambassador may be subject to be rendered, except those claims that are judicially determined to have resulted from Company’s gross negligence or willful misconduct.

TERMINATION

The relationship between the Parties may be terminated by either party on 30 days written notice prior to termination. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.

SEVERABILITY

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

FINAL AGREEMENT

This Agreement is the final, complete and exclusive agreement between Ke Bella Jewelry and the Brand Ambassador with respect to the subject matter hereof and supersedes and merges all prior discussions between us with respect to such subject matter. No modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, will be effective unless in writing and signed by an authorized representative of Ke Bella Jewelry.

 

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