YOUR OIL TOOLS.LLC AMBASSADOR PROGRAM AGREEMENT
Updated: 12/22/2021
IMPORTANT: THIS BRAND AMBASSADOR PROGRAM AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND WAIVER OF THE RIGHT TO JURY TRIALS AND CLASS ACTIONS.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
BY SUBMITTING AN APPLICATION TO THE BRAND AMBASSADOR, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU UNEQUIVOCALLY AGREE TO BE LEGALLY BOUND BY EACH AND EVERY TERM AND CONDITION.
This BRAND AMBASSADOR Program Agreement (the “Agreement”) is a legally binding contract between you (“Brand Ambassador”, “you”, or similar terms) and Your Oil Tools (“YOT Services, or similar terms) and applies to your participation in the Your Oil Tools Brand Ambassador Program (the “Program”). Any person or entity that participates or attempts to participate in the Program must accept this Agreement without change. By registering for the Program, you agree to this Agreement.
1. Description of the Program
The Program permits you to monetize your social media user-generated content by placing on your social media profiles (“Your Profiles”) a personalized Brand Ambassador coupon code (“Your Code"). When our customers purchase eligible goods from www.youroiltools.com using Your Code you be eligible to receive a commission for “Qualifying Purchases”, as further described (and subject to the limitations in)
We periodically modify the terms of this Agreement. We might also choose to replace these terms in their entirety if, for example, the Program changes, ends, or becomes part of an existing program, including our partner programs. If you don’t agree to the modification or replacement, you can choose to terminate your participation in the Program. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING ANY CHANGES TO THIS AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf.
You will ensure that the information in your Program application and information otherwise associated, including your email address, mailing address, and other contact information, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Program and this Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
You can update your information by emailing us at: contact@youroiltools.com
2. Eligibility To Participate In The Program & Prohibited Activities
You must be at least 18 years of age. If you are the parent or legal guardian of a person under the age of 18, you represent and warrant that the minor is of legal age to participate in the Program, you are the legal parent or guardian of the minor whose rights are covered by this Agreement, that you have read the terms of this Agreement and consent to the terms herein and you will not revoke your consent.
You must have an Instagram account.
You must have a PayPal account.
You must comply with this Agreement to participate in the Program and to receive Commissions.
You must promptly provide us with any information that we request to verify your compliance with this Agreement.
You must clearly state the following, or any substantially similar statement (the “Disclosure”) on Your Profiles: “As a Your Oil Tools Ambassador, I earn from qualifying purchases.
You must be kind and respectful to all other Brand Ambassadors.
Your Code is for you to post solely in Your Profiles. Participation in the Program does grant you the right to sell Your Oil Tools items at events of any kind (ex. farmer's markets, etc.) you have received written permission first!
You must not comment with Your Code on any Your Oil Tools social media posts or channels (i.e. Instagram, Twitter, Facebook, etc.), even if you see another Brand Ambassador doing it. You must not post Your Code in the comments of any posts from Your Oil Tools accounts or stores that carry our products.
DO NOT add Your Code to coupon sites, like coupon sites. We check these sites frequently.
Remember that the purpose of the Program is to bring new clients to the brand and help spread the about Your Oil Tools!
Your breach of any of the terms of this Agreement, or any other agreement between you and us, or in connection with the Program (e.g. the PayPal User Agreement, Share A Sale terms of Use, Google Terms of Use and Privacy Policy) then, in addition to any other rights or remedies available to us, we reserve the right to permanently (to the extent permitted by applicable law) withhold (and you agree you will not be eligible to receive) any and all Commissions otherwise payable to you under this Agreement, whether or not directly related to such violation without notice and without prejudice to any right of Your Oil Tools to recover damages in excess of this amount.
3. Commissions on Qualifying Purchases
We will pay you a commission with a base amount of no less than 10% of the price paid by the customer and actually received by Pura Vida, before taxes and shipping, on all Qualifying Purchases
For example, if a customer uses Your Code to purchase a single Order priced at USD$10.00 and Your Code provides the customer with a 10% discount, then once Yur Oil Tools receives that customer’s payment of USD$9.00 you will be eligible to receive a 10% commission in the amount of USD$0.90.
From time to time, we like to incentivize Your Oil Tools, Ambassadors, by offering increased commission rates for particular periods of time. For example, we may notify you that for a period of time all Ambassadors will earn a 20% Commission on Qualifying Purchases.
We will pay Commissions in United States Dollars via PayPal approximately 30 days following the end of each calendar month in which they were earned. You may be permitted to elect to receive payment in a currency other than United States Dollars. If you choose to do so, you agree that the conversion rate will be determined in accordance with PayPal’s operating standards. You are solely responsible for any PayPal fees, and any and all taxes. We are not responsible for any Commissions that are not received by you due to any suspension or termination of your PayPal account.
Payments made to you, as reduced by all deductions or withholdings described in the Agreement, will constitute full payment and settlement to you of amounts payable under the Agreement. If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent fees payable to you under the Agreement or any other agreement between you and us.
