This Brand Ambassador (“Agreement”) is made by Taylor Made Scrub Hats, LLC (hereafter referred to as the “Client”) and the applicant (hereafter referred to as the “Brand Ambassador”).
Relationship of the Parties
Brand Ambassador is an independent contractor. The relationship between the Client and Brand Ambassador shall not be construed to be that of employer and employee, nor to constitute a partnership, joint venture, or agency of any kind. Brand Ambassador will not be considered an employee in terms of the Client’s employment policies, or any employment benefit plans. Brand Ambassador is responsible for the payment of its own taxes and insurance. Nothing contained herein shall in any way restrict or otherwise prohibit the Client from (directly, indirectly, or through third party) marketing, promoting, distributing, or licensing any products to any other party, or from entering a similar arrangement with any other party.
Brand Ambassador acknowledges that the products and any derivatives thereto are covered by patent, copyright, and other intellectual property rights owned or licensed by the Client. Brand Ambassador may use the Client ’s trade names, trademarks and service marks as provided to Brand Ambassador from time to time (the “Marks”) on a non-exclusive basis only during the term of this Agreement and solely for display or advertising purposes in accordance with this Agreement. Brand Ambassador grants permission to all documentation, any inventions and ideas, written material or other property, tangible, or intangible, resulting from Brand Ambassador’s performance of the services provided hereunder, including all photographs/images, video, themes, materials, and designs, created and/or provided by Brand Ambassador (“Work”) to the Client, for all purposes. The Client may reproduce, modify, adapt, create derivative works from, distribute, display, license, assign, transfer and/or otherwise use the Work, and all elements and derivatives thereof, in whole or in part, in all media now known or hereafter developed (including without limitation in the Social Media Platforms, or any other social media website or applications), worldwide, in perpetuity, royalty-free and without restriction of any kind. Brand Ambassador acknowledges the ownership and validity of the Client’s copyrights, brands, trademarks, trade dress and patent rights, whether created by or contributed to by Brand Ambassador.
Representations, Warranties and Obligations
Brand Ambassador shall not make any warranties with respect to the products to any third party. Brand Ambassador represents and warrants that: (i) it will act in a timely manner with a high degree of professionalism and behave in a legal, ethical and business-like manner, (ii) Brand Ambassador will present the products in a truthful and sincere manner and will not engage in any activity or action that may damage the Client’s reputation or the reputation of its products, (iii) Brand Ambassador’s Likeness and all Work provided hereunder are new and original to Brand Ambassador and do not infringe the intellectual property rights, privacy rights, or publicity rights of any third party; (iv) Brand Ambassador has complied and will comply with all applicable laws, rules and regulations in rendering the services to be performed under this Agreement; (v) Brand Ambassador has no commitments or obligations inconsistent with this Agreement; (vi) the Work will not contain any disparaging, pornographic, defamatory and/or illegal material. Brand Ambassador agrees and understands that during the term of this Agreement, Brand Ambassador shall not provide services to any competitor without prior written consent from the Client.
Ambassadors will be compensated in the form of commission payouts, free product, and rewards points* redeemable on our online store. Ambassador commission payments are based upon net sales generated using the ambassador's promo code. Payouts will be made on the 15th of each month via electronic payment service (e.g. PayPal).**
*To access reward points, login in to your TMSH rewards account. If you have not yet created a TMSH rewards account, click here to setup your account.
**To receive commission payouts, be sure to link your PayPal account by going to Edit Profile > Payments.
Terms and Termination
This agreement can be terminated with written notice by either party without reason at any time. Upon termination, Brand Ambassador’s promotional code will be disabled. Final commission payout will be disbursed within 30 days. If any products have been received by Brand Ambassador or are in-transit to be received with the Client’s intent to be used for content creation, Brand Ambassador hereby acknowledges adherence to the fulfillment of their obligation for the respective content challenge(s)/task(s). Notwithstanding anything else in this Agreement to the contrary, the Parties agree that the remainder of this Agreement shall survive any termination or expiration.