Terms and Conditions:
Shapewear Shop company will be refeerred to as SWS in the terms an conditions
Program Scope. Upon your selection as an Ambassador by SWS, you become an important part of the SWS team. SR is relying upon you, and you agree, to actively promote the SWS Products .
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 SWS if anything changes after you become an Ambassador and throughout your participation in the Program. SWS 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 SWS 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 SWS 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 maintain (at least one) Ambassador Account having approximately 5,000 followers (or equivalent as determined by SWS in its discretion), which is kept in public mode (except as authorized by SWS) and used for the Promotional Activities.
Compliance. You agree to comply with all state and local laws, rules and regulations applicable to you in the course of your participation in the Program and the performance of Promotional Activities.
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. All Promotional Activities must be conducted in a manner that is consistent with the authorized use for each SWS Product as outlined on product labels and any marketing or promotional materials provided by SWS from time to time. Promotional Activities include, without limitation, the following:
- Posting photo and video content promoting the SWS Products as SWS may request from time to time (“Content”);
- Sharing and promoting your personal discount code for SWS Products to encourage followers to purchase them;
- Communicating, networking and/or collaborating with social media influencers, SWS’s social media followers and customers, and any other individuals requested by SWS, to promote the SWS Products.
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 SWS before switching to private);
- Add SWS’s social media accounts as a friend/ follower to your Ambassador Account(s) (including, without limitation, @shapewearshop and @gymbunny Instagram accounts and other accounts as SWS may add from time to time);
- Promptly respond to all communications from SWS personnel (in no event later than within 24 hours), whether in text, email, phone or any other form;
- Advise SWS personnel promptly of any changes to your Ambassador Accounts or other information previously submitted (whether in your application, through the portal or otherwise); and
Use of Content. You agree that SWS may post, re-post, upload and/ or use any and all of the Content in its advertising, in emails, on its sales pages including, without limitation, on its website and on all its ecomerce sites; on social media outlets (including but not limited to the Approved Media) at its discretion, in perpetuity, with or without notice or compensation.
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 SR, its staff, customers and sales representatives;
- Presenting and demonstrating SWS Products in a positive, truthful and sincere manner;
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:
- Purchasing followers and/ or likes;
- Making any representations, claims or promises on behalf of SWS, other than those contained in SWS’s official marketing and promotional materials (i.e. on the label or SWS website);
- 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 SWS in SWS’s sole discretion;
- Transmitting messages or images inconsistent with the positive images and/or goodwill of SWS;
- Engaging in any activity that violates or breaches SWS’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
- Posting, directly or indirectly, Ambassador’s promotional code or another SWS ambassador’s promotional code on any website, including, without limitation, RetailMeNot.com, Coupons.com and CouponCodes.com;
- Using any promotional coupon or code that is not provided to Ambassador by SWS for the Program, or running any ad with any of SWS’s promocode offering brand ambassador commissions;
- Selling or reselling any of the SwS Products, or offering a cash incentive or discount on SWS Products as a means of promotion that is not within the context of the Program.
Monitoring; Removal of Content. SWS reserves the right to monitor all Ambassador Accounts and to preview Ambassador’s Content. From time to time, SWS 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, SWS may terminate or limit your participation in the Program.
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 SWS immediately at any time and for any or no reason, upon SWS’s written notice to you. Such termination constitutes your termination from the Program; you will be disqualified from receiving any further commission, recognition, communication or compensation from SWS; you must discontinue posting about or publicizing your use of SWS Products, and stop making any representations, publicly or privately, in which you could be construed as representing SWS or SWS 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 SWS with respect to Content, Ambassador will be compensated as follows:
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 SWS. Therefore, you are not entitled to any benefits provided by SWS 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.
Intellectual Property. All SWS 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 “SWS Intellectual Property”) is the property of SWS, and you agree not to use such SWS Intellectual Property except in the form provided to you through the Program, and solely for the purpose and in the manner specifically authorized by SWS. Unless and only to the extent explicitly authorized by SWS, you agree not to modify any SWS Intellectual Property or use any modified or derivative version of any SWS Intellectual Property. Unless and only to the extent explicitly authorized by SWS, 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 SWS Intellectual Property or any variations, derivatives or misspellings thereof. You agree not to publish, host, or promote any SWS Intellectual Property or other material that misrepresents your relationship with SR or implies that you are an official site, authorized dealer, or otherwise specially connected with or sponsored by SWS.
You agree that any and all content, photos, videos, verbiage, pictures, writings, other work product and/ or works of authorship generated as part of the content or otherwise related to the work that you do for SWS (collectively, the “Content”) shall be the sole and exclusive property of SWS, and you irrevocably assign to SWS all right, title and interest in any Content that you create, or to which you contribute, including all intellectual property rights contained therein. You acknowledge and agree that all Content is deemed specially requested by SWS (whether or not actually requested). You acknowledge and agree that SWS is expressly authorized to use your name, likeness, voice, signature, photograph, image, distinctive appearance, gestures or mannerisms as part of any Content, such use will not constitute an infringement of any of your rights, and all your rights relating to or embodied in any Content are hereby waived.
Confidential Information. SWS may disclose to your confidential or proprietary information and trade secrets from time to time (collectively, “Confidential Information”). SWS’s Confidential Information includes, without limitation, all non-public or proprietary information and SWS Intellectual Property, including, but not limited to specifications, ingredients and other proprietary information relating to the SWS 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 SWS is (and will remain) the sole and exclusive owner of all right, title and interest in and to the Confidential Information, and all SWS Intellectual Property. You further agree that you will not, and will cause any employees and other agents to not, use SWS’s Confidential Information for the benefit of anyone other than SWS. You agree not to use SWS’s Confidential Information for any purpose except in the performance of your obligations under the Ambassador Terms.
Competing Products. SWS recognizes that, as an independent contractor, you are available to perform services for entities other than SWS. You agree to notify SWS in writing (email sufficient if acknowledged by an employee of SWS) 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 harmless SWS (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 SWS as set forth in this Section shall include reimbursement of any and all legal fees and related costs and expenses incurred by SWS in connection with any such claim.
Limitation of Liability. SWS 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 SWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SWS’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 SWS IN THE SIX (6) MONTHS PRECEDING THE EVENT WHICH GIVES RISE TO THE CLAIM.
Disclaimer. SWS 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. SWS may change the Ambassador Terms in the future. Unless the Ambassador Terms specify otherwise, SWS 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.
By signing up to be a Shapewear shop brand ambassador, you give Shapewear the rights to repurpose your visuals for use across our own marketing channels. Fill out the application form below and we will review and be in contact soon.