By participating in the JiMMYBAR Brand Ambassador program, you are agreeing to all of the following Terms and Conditions (the “Agreement”). If you do not agree to or understand any of the language in this Agreement, then we ask that you please refrain from signing up, or participating in any of our promotions. The responsibility rests on you to completely understand any & all terms before becoming a Brand Ambassador.
As a Brand Ambassador you are expected to act with honesty, comply with FTC guidelines and adhere to all laws. By participating in the Brand Ambassador Subscription (“BA Subscription”) offered by JiMMYBAR Inc. (the “Company”) you (the “Brand Ambassador Subscriber”) agree to the following Terms and Conditions.
WHAT CAN BE PROMOTED?
All JiMMYBAR products! We encourage you to find others who will enjoy delicious and nutritious JiMMYBARs.
HOW DOES THE BRAND AMBASSADOR SUBSCRIPTION WORK?
Our subscription runs through E-commerce software. The system is set up on a “last clicked” basis. This means that the Brand Ambassador link a customer clicked on LAST (the one that drove the buyer to purchase) will get credit for the sale. Our system can recognize when people purchase using an Brand Ambassador link or not.
Here’s an example of this in action….
Sue shares the offer to create a FREE profile in the JiMMYBAR Directory (using her Brand Ambassador link) on her Facebook page on Monday. People click through, arrive at JiMMYBAR Sign-up Page but don’t go through with filling it out.
Let’s say some of the people that checked out Sue’s Facebook promotion are also on another online influencer’s mailing list: Karen.
On Tuesday, Karen writes a persuasive blog post that she mails out to her list. The readers who had seen Sue’s earlier Facebook post click through and some of them make a purchase. Molly will get credit for the sale, because her JiMMYBAR Brand Ambassador link was the last one clicked before the purchase was made.
While the prospect may have first landed on JiMMYBAR Sign-up page via Sue, Sue will not receive the Brand Ambassador payout for this transaction because the last JiMMYBAR Brand Ambassador they clicked was Karen’s.
HOW DO I KNOW IF I’M ELIGIBLE?
There are 4 basic requirements for participating a Brand Ambassador for JiMMYBAR Inc.
1) Brand Ambassador must be 18 years or older to participate.
2) Brand Ambassador must be in good standing with the Federal Trade Commission (the “FTC”)
3) Brand Ambassadors must be in compliance with all FTC guidelines, and the terms and conditions of this Agreement. 4) Brand Ambassadors must have an active and current Paid Membership with JiMMYBAR Inc.
JiMMYBAR Inc. reserves the unconditional right to accept or deny any Brand Ambassador who enters the subscription on our website, or who drives traffic to JiMMYBAR Inc.’s brands and websites via products offering Brand Ambassador payout.
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 any and all Brand Ambassador promotions. The Brand Ambassador in question will then be disqualified from receiving any further commission, recognition, communication or compensation from JiMMYBAR Inc.
The Brand Ambassador may also be immediately removed from any & all promotions and Brand Ambassador subscription (and will be in violation of this Agreement) if, at the sole discretion of the Company, the Brand Ambassador’s marketing:
- 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;
- Contains information regarding, promotes or links to a site that provides information about or promotes illegal activity;
- 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;
- Contains, promotes or links to sexually explicit or violent material;
- Uses the Promoter’s banners, brand name, likeness, images, and videos, on their own websites, thus creating market and consumer confusion (which is usually referred to as copyright or trademark infringement, and is illegal). In short: you may not present our banners, images or videos as if they are your own on your own site’s or any other site’s, as it may cause a customer to opt-in thinking they are signing up to receive our communications rather than yours. We firmly believe that if you wish to generate sales, it is in your best interest to establish your own identity, voice, brand and sites, and authentically promote our program(s) in your own way – not posing as its creators;
- Is, for any other reason, deemed to be unsuitable by the Company;
- Offers a cash incentive or discount on product(s) as a means of promotion;
- Runs any paid ad with the terms JiMMYBAR, any of the URLs we own, and/or the name of any product offering Brand Ambassador commissions.
JiMMYBAR Inc. 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.
In short: please only use ethical, honest means to promote our Company. If you have a unique idea to promote our offerings please request written permission first from email@example.com.
BRAND AMBASSADOR LINKS
Brand Ambassador links and any and all promotional materials necessary to promote and offer of joining the network to the Brand Ambassador’s customers via the Brand Ambassador’s Marketing Link on their console.
The Brand Ambassador may ONLY utilize their unique link, provided by the Promoter, on the Brand Ambassador’s own websites or emails. The Brand Ambassador may NOT post their link 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.
Links are intended to drive new customers to the Promotion. 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 Promoter and it is at the sole discretion of the Promoter whether or not the customer information will be shared with the Brand Ambassador.
20% on all Membership & Featured Membership Sales
$1 for all complete Basic Profiles filled out
JiMMYBAR Inc. will monitor sales and the system very closely to ensure everything is working properly. Therefore, all Brand Ambassadors reporting that states who brought in each sale are final. If they do not show up in our system as your sale, you will not get credit for the sale.
In order to avoid a mistake of this nature, make sure you are absolutely clear in your promotional material, that customers you are referring to the product must use your special link to purchase. It’s very important that you are clear when promoting to friends and your list that purchases must be made via your special link.
Commissions are not paid on, and will not include, a single sale to the Brand Ambassador themselves. Simply put, a Brand Ambassador cannot receive a commission by purchasing a membership themselves, through their own link.
Brand Ambassador commissions are counted and final numbers are deemed final at the sole discretion and decision of the Promoter. Promoter also reserves the right to change the dates of the commission payout.
Commission will be paid out to the Brand Ambassador by the Promoter via Paypal once every month. 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. Brand Ambassador will not be paid a commission on sales or orders that are in delinquent status. If payments for delinquent customers are received within 90 days, the Brand Ambassador will be paid their commission. However if delinquent payments are not received within 90 days after the start of the Program, the Brand Ambassador will not be paid a commission on that sale.
Promoter is NOT responsible for the Brand Ambassador using or maintaining their Brand Ambassador links and only sales tracked through the Promoter’s system will count towards the Brand Ambassador’s commissions. All sales and commission numbers are tallied by the Promoter and all final sales and commission numbers are at the sole discretion of the Promoter.
While the Promoter makes every reasonable effort to accurately track and pay commissions for all Brand Ambassador sales, the Promoter is not responsible, nor under any circumstances will be held liable, for any technical difficulties, outside events, actions by other Brand Ambassador, or other uncontrollable events that may disrupt or interfere with Promoter’s ability to track sales or pay commissions.
Under no circumstances will Promoter 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.
The team at JiMMYBAR Inc. works hard to ensure we accurately represent our Brand Ambassador program and its earning potential. However, nothing on our Sites or in this agreement is a promise or guarantee of earnings. We cannot guarantee that you will get any results, or earn any money whatsoever. This is not a “get rich quick” scheme.
The Brand Ambassador alone is responsible for their strategies, actions and results in life and business. Any forward-looking statements outlined on our sites or in our Promotions are simply our hopes or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion. Each Brand Ambassador’s level of success in attaining results is dependent upon a number of factors including: business savvy, marketing knowledge, dedication, network, and subscriber list. Because these factors differ so widely according to individuals, we cannot guarantee any degree of success, income level, or ability to earn revenue.
As stipulated by FTC law, we make no guarantees that you will achieve any results from our ideas and we offer no professional legal or financial advice.
SPAM AND UNSOLICITED EMAIL WARNING
The Brand Ambassador agrees to abide by all Federal Trade Commission Guidelines and the U.S. Federal Can-SPAM Act.
JiMMYBAR Inc. has a firm 0 tolerance policy toward any Brand Ambassador who spams any party or individual. As an Brand Ambassador you are agreeing NOT to send any unsolicited email to any party in promotion of any of our products. Should an Brand Ambassador be caught spamming, they will be removed from the Brand Ambassador program altogether, and any commissions or pending commissions will be canceled and/or forfeited.
Spam is defined as emailing or posting to anyone who has not requested information via email or a website. This also includes “spamming search engines” with links.
The Brand Ambassador may not use ANY copyright, trademark, service mark, or general branding of the Promoter without full disclosure and permission of the Promoter.
Brand Ambassador may not:
Frame the Brand Ambassador’s website to look like the Promoter’s website or to utilize the Promoter’s branding in any way that would confuse customers or the general public as to who is hosting or promoting such a website;
Take any action that could reasonably cause any customer confusion as to Brand Ambassador’s relationship with Promoter, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
Read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Promoter by any person or entity;
Seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Promoter 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 Promoter. Promoter may cancel the Brand Ambassador participation in this subscription, 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;
Seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Promoter or the trade or service marks or names of Promoter’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 Promoter.
RELATIONSHIP OF PARTIES
Although we love our Brand Ambassador, nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between JiMMYBAR Inc. and the Brand Ambassador. Under no circumstances will Promoter be held liable for any actions or results of the Brand Ambassador.
Brand Ambassador is participating in the Brand Ambassador program as a fully independent entity and is responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licenses, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and worker’s compensation insurance.
The Brand Ambassador hereby agrees not to copy, alter, share, use, duplicate, distribute, or adapt any of the Promoter’s confidential information which is not directly provided or approved by the Promoter, 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 Promoter’s business: sales figures, software passwords, Promoter 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 Promoter.
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 Promoter’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 Promoter; 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 JiMMYBAR Inc. and the Company’s CEO, Dill Ward, an individual, 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.
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.
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.
You can reach us at firstname.lastname@example.org