Brand Ambassador Agreement
This Brand Ambassador Agreement (this “Agreement”), beginning today, is entered into between yourself (“Brand Ambassador”) and Next G Thing Ltd. (“Company”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
- Services: Brand Ambassador will perform certain services in connection with Company and is currently contemplated to engage with the Company’s social channels, including but not limited to Twitter, Facebook, Instagram, Youtube, Google+, Pinterest and SnapChat.
- Compensation: In consideration for the full performance of Brand Ambassador’s services hereunder and the rights and releases granted herein, Company shall compensate Brand Ambassador and Brand Ambassador agrees to accept the compensation set forth above.
- Ownership Rights: Brand Ambassador acknowledges that the results and proceeds of the services provided hereunder, including without limitation all ideas, themes, materials, and designs developed, created and/or provided by Brand Ambassador (the “Work”) hereby constitutes a “work made for hire” as that term is defined in the U.S. Copyright Act of 1976, 17 U.S.C. §101 et seq. and is owned by Company, for all purposes worldwide in perpetuity. To the extent that any Work is deemed not to be a work made for hire, and without limiting the foregoing, Brand Ambassador hereby assigns and transfers all right, title, ownership and interest therein, presently known or hereafter ascertained, including, but not limited to, all copyright rights therein, the right to secure the copyright (and all renewals, reissues and extensions thereof) throughout the world, without any restrictions as to use, to Company. For the sake of clarity, and without in any way limiting the foregoing, Company 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 social media), worldwide, in perpetuity, royalty-free and without restriction of any kind. Brand Ambassador acknowledges the ownership and validity of Company’s copyrights, brands, trademarks, trade dress and patent rights, whether or not created by or contributed to by Brand Ambassador.
- Use of Likeness: Brand Ambassador further grants to Company the irrevocable right and permission to film, videotape, photograph and/or otherwise record Brand Ambassador and to reproduce, publish, distribute, display, broadcast, exhibit, and/or in any other way use Brand Ambassador’s image, likeness, signature, voice, photograph, name (including nicknames), actual and/or paraphrased statements, biographical information and/or any other information or attribute identifying and/or otherwise associated with Brand Ambassador (collectively, “Likeness”), in whole or in part, distorted, altered, modified and/or adapted in character and/or in form, alone and/or accompanied by other material, in any manner and without restriction of any kind, worldwide, in perpetuity and royalty-free, for any purpose whatsoever, including without limitation for the purpose of advertising, publicity, promotion, and/or other marketing for Company and/or the Work, in all media now known or hereafter developed (including without limitation in social media).
- No Right of Approval: Brand Ambassador hereby irrevocably waives any and all right to inspect and/or approve Company’s use of the Work and/or Brand Ambassador’s Likeness, including without limitation any text, image and/or other creative elements that may be used in connection with the Work and/or Brand Ambassador’s Likeness.
- Confidentiality: Brand Ambassador will regard and retain as confidential and will not divulge to any third party, or use for any unauthorized purposes (including Brand Ambassador’s own benefit) either during or after Brand Ambassador’s engagement with Company, any proprietary, or confidential information or know-how that Brand Ambassador has acquired during Brand Ambassador’s service or in consequence of Brand Ambassador’s service or contacts with Company without the written consent of an authorized representative of Company. Brand Ambassador agrees to return to Company all such documentation and any other confidential information upon termination of Brand Ambassador’s engagement with Company.
- Representations and Warranties: Brand Ambassador represents and warrants that: (i) Brand Ambassador has the full and unrestricted right and authority to enter into and perform this Agreement and to grant the rights granted herein; (ii) Brand Ambassador has complied and will comply with all applicable laws, rules and regulations in rendering the services to be performed under this Agreement, including without limitation, the current FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Guides”) and all related disclosure requirements; and, notwithstanding the termination provisions set forth herein, Company reserves the right to immediately terminate this Agreement if Brand Ambassador fails to make social media or other disclosures in the manner set forth in the FTC Guides, which failure shall be deemed a material breach of the Agreement that is not capable of cure; (iii) the Work is original to Brand Ambassador; (iv) the use of the Work and/or Brand Ambassador’s Likeness does not and will not violate the rights of any third party, including without limitation, any contract, copyright, trademark, or rights of privacy or publicity of any third-party; (v) the Work will not contain any disparaging, pornographic, defamatory and/or offensive material; and (vi) Brand Ambassador will perform the services in a timely, professional and workmanlike manner.
- Independent Contractor: Each party is an independent contractor in relation to the other party with respect to all matters arising under this Agreement and nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. Brand Ambassador shall have no express or implied right or authority to assume or create any obligations on behalf of or in the name of Company or to bind Company to any contract, agreement or undertaking with any third party.
Ambassador news and updates
By becoming an Ambassador you agree to receive emails from Next Gay Thing. These emails will be sent to Ambassadors only, on an ad-hoc basis, and may include important information regarding the Next Gay Thing Ambassador program. These emails will also provide you with relevant news and updates to help you effectively promote Next Gay Thing. As an Ambassador you may be privy to embargoed or time-sensitive information in these emails (this information may only be promoted after an embargo is lifted). And we won’t spam you, ever – promise!
Ambassador application rejection
We reserve the right to reject Ambassador applications for any reason. We also reserve the right to choose whether we provide an explanation or reasoning for Ambassador application rejection. Below are just a few reasons why an application may be rejected (this is not an exhaustive list):
- Ambassador applications for websites that sell, advertise or engage in pornography, phishing scams, spamming, illegal business practices, or that include any material infringing on National or International Copyright will be rejected.
- Ambassador applications for websites that we do not believe are aligned with our industry or business may be rejected.
- Websites considered inappropriate by Next Gay Thing will be rejected.
Inappropriate websites: The following types of sites are not permitted to become an Ambassador: adult sites, sites that display adult material or banners, sites that promote violence, hatred or bigotry, sites that promote or engage in illegal activity, including (but not limited to), hacking, cracking, nulled, and warez sites. Ambassador applications for inappropriate websites will be rejected, and we reserve the right to choose whether or not to provide a rejection reason.
Questions regarding your application
When you apply to become an Ambassador we may email you at the email address you have supplied with some questions regarding your application. This may be because:
- We didn’t understand something in your application, or,
- We’d like to learn a bit more about how you will promote Next Gay Thing and need a little more detail.
If we reach out to you and we haven’t heard back within 7 days, your application may be rejected. If your initial application is rejected, you are welcome to reapply to become an Ambassador and provide us with more detail for reconsideration.
Dormant Ambassador accounts
Please don’t leave us! We encourage all of our Ambassador to actively promote Next Gay Thing to keep earning referrals. If we can help you come up with ideas on how to promote Next Gay Thing, please let us know – we’re here for you! An Ambassador account is considered dormant if no visits have been generated after a 6-month period. A dormant Ambassador account will be temporarily deactivated if no visits have been generated after 6 months. But we don’t even want to go there right now, right?! Let’s work together to help you start earning some cash!
Next Gay Thing Ambassador Program Policies
Allowed and super cool promotional methods
How you promote Next Gay Thing is reflected in the commission you earn! We encourage the use of promotional methods that add value to Next Gay Thing and bring us legitimate, loyal customers. We love it when our team of Ambassadors blog about Ambassador marketing and mention Next Gay Thing. Here are a few examples of awesome promotional methods to earn more commission:
- Post content on your social media channels, promoting Next Gay Thing
- Tell clients, customers or friends about Next Gay Thing, and give them your Ambassador referral link
- Write a review or a blog post about Ambassador marketing or Next Gay Thing and link to our site with your referral link
- Reach out to a broad audience with your social network accounts. Tweet about us on Twitter with your Ambassador referral link, post about us on Facebook with your Ambassador link, or communicate to your Linkedin followers about Ambassador marketing with your Ambassador link. Spam-free promotion is a great way to get more referrals!
- Provide value to others by answering related questions on other sites with helpful responses, and using your referral link in your replies.
Prohibited and super unfab promotional methods
We love and back our product 100%, and we are very careful with how it’s promoted, so we want Ambassadors who are 100% behind us too! The prohibited promotional methods listed below aren’t meant to scare you off – they’re here to protect you, and us, and our customers from any freaky or fraudulent activity, which is something we take pretty seriously. We know you’ll understand. 🙂 But here they are in writing just in case you’re not totally sure what is and what isn’t allowed.
- Next Gay Thing may not be promoted on coupon sites Customers who are searching for a coupon are already in the market for Next Gay Thing, so this method adds no value to Next Gay Thing.
- Any type of spam is prohibited Links, ads, emails, comments… any type of spam. Please respect the posting rules of any 3rd-party websites you use to promote Next Gay Thing. P.S. This is not an exhaustive list of spam methods; if we decide that your activity is spam, it’s spam.
- Any illegal activity or activity deemed offensive by us is prohibited This may result in referrals being rejected and/or your Ambassador account being deactivated. See above for allowed and super cool promotional methods!
- We’re flattered, but please don’t pretend to be professionally associated with Next Gay Thing Ambassadors aren’t employees of Next Gay Thing and have no employee rights.
- Pretending to actually be Next Gay Thing is 1000% prohibited Cloning our site, copying our site, using our copyrighted site assets, and pretending that a site created by you is an official Next Gay Thing site is unethical and prohibited (this includes using services that automatically clone websites, or place them into iframes).
- Again, false promotion to customers that you are endorsed or operated by Next Gay Thing is prohibited (and super uncool).
If you’re unsure or concerned that some activity you’re about to proceed with may be considered prohibited, please ask us. 🙂 (And yeah, we know 1000% isn’t an actual number. 😛 You get what we mean!)
Consequences of not-cool promotional methods
If your promotional methods step outside of these terms, your referrals may be rejected and we may disable your Ambassador account. We reserve the right to do this and may or may not notify you in the instance that this occurs. Please use allowed promotional methods, and help us to help you succeed as an Ambassador!
The following types of sites are not permitted to become an Ambassador: adult sites, sites that display adult material or banners, sites that promote violence, hatred or bigotry, sites that promote or engage in illegal activity, including (but not limited to), hacking, cracking, nulled, and warez sites. Ambassador applications for inappropriate websites will be rejected, and we reserve the right to choose whether or not to provide a rejection reason.