Stache Salt, LLC is engaged in the business of formulating, manufacturing, marketing and selling men's grooming products and branded apparel and accessories (collectively, “Products”). 'Stache Salt ™desires to retain you as a 'Stache Salt™ Brand Ambassador, aka 'StacheLete, subject to the terms and conditions set forth below.
Assuming that 'Stache Salt™ accepts your application to become a 'Stache Salt™ 'StacheLete, this Agreement between 'Stache Salt™ and you (this “Agreement”) contains the complete terms and conditions that apply to (1) your participation as a 'Stache Salt 'StacheLete and (2) the establishment of links from your Brand Ambassador website to 'Stache Salt website, https://stachesalt.co
1. Definitions
Customer: The user sent to 'Stache Salt's website via your Brand Ambassador link. You: The 'Stache Salt™ 'StacheLete candidate who will be advertising links/promotions of 'Stache Salt™ Products from his or her Brand Ambassador website to 'Stache Salt’s website.
2. Enrollment in the 'Stache Salt 'StacheLete Program
You must first submit a complete 'Stache Salt 'StacheLete Program application. 'Stache Salt will evaluate your application and will notify you of your acceptance or rejection in three (3) to five (5) business days. You agree that 'Stache Salt may reject your application if it determines (at its sole discretion) that your site is unsuitable for the 'Stache Salt 'StacheLete Program for any reason. If 'Stache Salt rejects your application, you are welcome to reapply to the 'Stache Salt 'StacheLete Program at any time.
3. Term and Termination
If 'Stache Salt accepts your application, the term of this Agreement shall commence immediately upon 'Stache Salt's acceptance of your application and shall continue until the Agreement has been terminated by either party. Either party may terminate this Agreement without cause. You agree to provide thirty (30) days' advance written notice to 'Stache Salt of your termination of this Agreement. 'Stache Salt may terminate this Agreement immediately without advance notice. Upon termination by 'Stache Salt, 'Stache Salt may (i) immediately suspend, limit or terminate your access to any 'Stache Salt account, and (ii) instruct you to cease all promotional activities or make clarifying statements, upon which instruction you agree to immediately comply.
4. Material Disclosures and Compliance with Federal Trade Commission (“FTC”) Guidelines
The FTC has clearly defined best practices for affiliate marketers, and you must comply with these practices while performing your duties as a Brand Ambassador.
Download and review the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising: http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf, and the FTC’s Disclosures 101 for Social Media Influencers: https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
When publishing posts/statuses about 'Stache Salt or 'Stache Salt’s Products or services on your website, social media, video format or any other medium, you must clearly disclose that you are a 'Stache Salt Brand Ambassador, aka 'StacheLete and your “material connection” to 'Stache Salt, including that you were given any consideration, were provided with certain experiences or are being paid for a particular service. The above disclosure should be clear and prominent and made near any statements that you make about 'Stache Salt or 'Stache Salt’s products. This disclosure is required regardless of any space limitations of the medium (e.g., Twitter), where the disclosure can be made via Hashtags, e.g., #sponsored.
Your statements should always reflect your honest and truthful opinions and actual experiences. You should only make factual statements about 'Stache Salt or 'Stache Salt's Products that you know for certain are true and can be verified. You must not misrepresent yourself as a "typical result" or as a "typical customer" when you promote 'Stache Salt™ Products. You must be transparent and authentic.
5. Conduct
All blog posts, social media statuses, tweets and/or comments should be in good taste and free of profane or inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, national origin, disability, sexual orientation, physical disability or age. To that end, you agree to avoid sites that promote in any way (i) sexually explicit material or violence; (ii) discrimination based on race, gender, religion, national origin, sexual orientation, physical disability or age: (iii) illegal activities; and (iv) hate speech or hate of any kind.
You agree to act professionally and positively when promoting 'Stache Salt’s products, to maintain the highest ethical standards and to avoid even the appearance of impropriety.
6.Spam
You agree that you will not utilize spam, or send junk or unqualified traffic, in promoting 'Stache Salt and 'Stache Salt™ Products. This includes twitter spam and social media spam. Doing so will result in the immediate termination of your account with a cancellation of any pending commissions. You will also be held in violation of this Agreement and subject to legal action and be held liable for any financial loss incurred by 'Stache Salt. Any service interruptions to 'Stache Salt's website as a result of spamming will be billed to you at $500 per hour until service is restored.
For purposes of this Agreement, spam is defined as emailing anyone regarding 'Stache Salt, in bulk or by single mailing, who has not specifically requested the information directly from you. Any type of advertisement about 'Stache Salt posted to a newsgroup or chat room not sponsored by the 'Stache Salt™ Brand Ambassador program is considered spam.
An exception to this definition is mailing to appropriate opt-in mailing lists when the source does the mailing on your behalf. However, you must use extreme caution when choosing an opt-in mailing list company. Using anything but the most reputable sources could generate spam complaints against 'Stache Salt or the 'Stache Salt 'StacheLete Program, resulting in your suspension or termination.
You may include information about 'Stache Salt in email acknowledgement messages for orders and inquiries that you receive so long as it is stated up front that you will be sending them an acknowledgement.
7. Coupon Code and Sites
You must not post personal coupon codes on any coupon code sites or forums or on any 'Stache Salt social media advertisements, promotions or any other 'Stache Salt 'StacheLete pages, posts or groups. To do so is in violation of this Agreement, which will disqualify you from receiving your commissions and may result in your suspension or termination from the 'Stache Salt 'StacheLete Program. 'Stache Salt reserves the right to disable any code that is found or promoted on any coupon code site, including Reddit or any other social media forum dedicated to coupon codes and discounts.
8. Compensation
You will earn a commission of 20% on any completed orders for products made by Customers using the tools provided to you by 'Stache Salt to make those orders, such as promo codes, store links and sampler links.
You will be paid via store credit on the fifth day of each month for the previous month’s earnings if you earn less than $25.00. If you earn more than $25.00, then you will be paid via PayPal on the fifteenth of each month for the previous month’s earnings. All store credit payments receive a 10% bonus when you choose to be paid via store credit instead of PayPal.
There will be no commission payments on the one-time 50% off code. If your only purpose in joining the 'Stache Salt 'StacheLete Program is to obtain the benefits without following the guidelines, you will be dismissed from the program, and further actions may be taken. 'Stache Salt tracks and reconciles every sale. 'Stache Salt also tracks and records every individual who receives any of the incentives provided by 'Stache Salt.
9. Promotion of the 'Stache Salt 'StacheLete Relationship
As a 'Stache Salt 'StacheLete, 'Stache Salt will make available to you resources (each of these resources sometimes being referred to herein as "Resources" or, individually, as a "Resource") and banners, which, subject to the terms of this Agreement, you may display as often and in as many areas on your site as you desire and with 'Stache Salt’s consent. The Resources will serve to identify your site as a member of the 'Stache Salt 'StacheLete program and will establish a Resource from your site to the 'Stache Salt site.
Subject to the terms of the clause below, 'Stache Salt will provide you with graphic images or text provided by us (and subject to change from time to time at 'Stache Salt’s sole discretion). These Resources will connect your site directly to 'Stache Salt’s site. By utilizing these Resources, users of your site will be able to order directly from 'Stache Salt any Products that were described or referenced on your site.
You agree that 'Stache Salt may update, edit, modify and add its logo to any photos that you send to 'Stache Salt. It is your responsibility to obtain approval from the photographer before you send the photos to 'Stache Salt.
In utilizing the Resources, you agree that you will display on your site only those graphic images (indicating a Resource) that are provided by us, or that you create in good taste as determined by 'Stache Salt. All Resources may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of 'Stache Salt and you. You agree that each Resource connecting users of your site to the pertinent area of the 'Stache Salt site will in no way alter the look, feel or functionality of 'Stache Salt’s site.
10. 'Stache Salt's Responsibilities
'Stache Salt is responsible for providing all information necessary to allow you to make appropriate links from your site to the 'Stache Salt site. 'Stache Salt is solely responsible for processing every order placed by a customer following a special link from your site, for tracking the volume and number of sales generated by your site and for providing you information regarding sales statistics. Bucked Up is responsible for order entry, payment processing, shipping, cancellations, returns and related customer service.
11. Your Legal Responsabilities
You agree to comply with the FTC guidelines and marketing regulations referenced above and with 'Stache Salt’s Brand Ambassador Social Media Policy. You are solely responsible for ensuring that reviews, descriptions and articles on your site comply with applicable FTC disclosure, copyright and other laws. You must have express permission to use another party's copyrighted or other proprietary material. You agree that 'Stache Salt is not responsible for any such violations on your part as contemplated herein. For additional information regarding your responsibility to ensure proper FTC disclosures and to comply with all FTC guidelines, please visit the FTC website.
12. Compliance with this Agreement
'Stache Salt has the right in its sole discretion to monitor your site at any time to determine if you are following the terms of this Agreement.
'Stache Salt will monitor for FTC compliance to ensure that your disclosures are adequately added and that you are complying with FTC guidelines. You are expected to comply with all FTC guidelines.
13. Contest and Promotions
You are entitled to participate in and promote on your site any sweepstakes, contests and special promotions that 'Stache Salt may offer. You may earn commissions that are derived only from offers and promotional tools provided explicitly by 'Stache Salt for use on your site.
The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this Agreement and your removal as a 'StacheLete Brand Ambassador.\
14. Giveaways
'Stache Salt is not responsible for the cost, shipping or promotion of your personal giveaways. You are responsible for the purchase, shipping and advertising of items for your personal giveaways.
15. SMS Consent
You agree to receive text messages from 'Stache Salt at the number that you provide to 'Stache Salt when you apply to become a 'Stache Salt™ 'StacheLete Brand Ambassador. Message and data rates may apply. Message frequency varies. You can unsubscribe afterwards at any time by replying STOP to cancel.
16. Report of Sales
You will be given a username and password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis.
17. Policies and Pricing
Customers who buy 'Stache Salt's Products through 'Stache Salt 'StacheLete Program codes will be deemed to be customers of 'Stache Salt. Accordingly, all of 'Stache Salt’s rules, policies and operating procedures concerning customer orders, customer service and sales will apply to those customers. 'Stache Salt may change its policies and operating procedures at any time. For example, 'Stache Salt will determine the prices to be charged for its Products sold under the 'Stache Salt 'StacheLete Program in accordance with its own pricing policies. 'Stache Salt’s prices and Product availability may vary from time to time. Because price changes may affect Products that you already have listed on your site, you should update pricing often or not include price information in your Product descriptions.
18. Publicity
You will not make any personal appearances or create, publish, distribute or permit any written material that refers to 'Stache Salt without first submitting such material to 'Stache Salt and obtaining 'Stache Salt’s written consent
19. Licenses and Use of 'Stache Salt’s Logos and Trademarks
'STACHE SALT GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS ITS SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE ITS LOGOS, TRADE NAMES, TRADEMARKS AND SIMILAR IDENTIFYING MATERIAL RELATING TO 'STACHE SALT (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR 'STACHE SALT. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE 'STACHE SALT 'STACHELETE PROGRAM.
You shall not make any specific use of any Licensed Materials for purposes other than selling Products on your site for 'Stache Salt, without first submitting a sample of such to 'Stache Salt and obtaining the prior written consent of the 'Stache Salt 'StacheLete Program manager. 'Stache Salt reserves all of its rights in the Licensed Materials and of its other proprietary rights. 'Stache Salt may revoke your license at any time by giving you written notice of the revocation.
20. Promotion of Products on Prohibited Sites
Promotion or sale of 'Stache Salt Products through Google Shopping, Amazon, eBay, or other product listing ads or sites (either owned or not owned by you) is prohibited unless express written permission is provided by 'Stache Salt.
21. Confidentiality and Non-Disclosure
'Stache Salt may disclose certain of its confidential and proprietary information (the "Confidential Information") to you. Confidential Information shall include all data, materials, products, production methods, proprietary vendors, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, training materials and other information disclosed or submitted, orally, in writing or by any other media, to you by 'Stache Salt. All Information disclosed orally shall be considered Confidential Information, unless identified as non-confidential by 'Stache Salt at the time of disclosure. Nothing herein shall require 'Stache Salt to disclose any Confidential Information to you.
You agree that any Confidential Information disclosed to you by 'Stache Salt will not be shared with others in person, by email, through social media and in any other manner or through any other medium. You agree that Information provided to you by 'Stache Salt will not be photographed, recorded or reproduced in any way on social media. This includes but is not limited to 'Stache Salt 'StacheLete training material, e-mail correspondence and written correspondence.
You agree that the Confidential Information is confidential and proprietary to 'Stache Salt, and that you shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of the business of 'Stache Salt and shall disclose it only to its officers, directors, or another 'Stache Salt 'StacheLete with a specific need to know and only disclosed as instructed by 'Stache Salt. You will not disclose, publish or otherwise reveal any of the Confidential Information received from 'Stache Salt to any other party whatsoever except with the specific prior written authorization of 'Stache Salt. You shall not duplicate Confidential Information furnished in tangible and intangible form except for purposes of this Agreement. Upon the request of 'Stache Salt, you shall return all Confidential Information received in written or tangible form, including any information copies, or reproductions, taken from stachesalt.com, within fifteen (15) days of such request. If you disclose, publish, or otherwise reveal any information, media or idea from 'Stache Salt or stachesalt.com, you agree to pay $5,000 to 'Stache Salt as and for liquidated, estimated and stipulated damages, to be paid within thirty (30) calendar days. At your option, you may destroy any documents or other media developed by you containing Confidential Information. You shall provide a written certificate to 'Stache Salt regarding such destruction within ten (10) days thereafter.
You may not at any time disclose any sales, financial figures, costs or profit with anyone within 'Stache Salt or outside of it without the written consent of 'Stache Salt. This includes but is not limited to sales figures, sales tracking methods, customer counts, company growth, incentive programs and sales contests or events. Disclosing such information to another 'Stache Salt 'StacheLete or an external party will be considered a material breach of this Agreement and subject you to damages, injunctive relief and reimbursement of 'Stache Salt's attorneys' fees and costs.
The obligations of confidentiality herein shall be effective immediately from the date that this Agreement and will continue indefinitely. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against you, nor by the rejection of any agreement between 'Stache Salt and you, by your trustee in bankruptcy or by you as a debtor in possession or the equivalent of any of the foregoing under local or federal law.
22. Non-disagreement
You will not, during the term of this Agreement or at any time thereafter, make disparaging statements, in any form, either orally or in writing, about 'Stache Salt’s officers, directors, agents, representatives, employees, affiliates, partners, brand and products.
23. Independent Contractor
You are retained as an independent contractor of 'Stache Salt. You acknowledge and agree that (i) you are solely responsible for the manner and form by which you perform under this Agreement, and (ii) you are a self-employed individual. You are responsible for the withholding and payment of all taxes and other assessments arising out of your performance of services, and you are not entitled to participate in any employee benefit plans of 'Stache Salt.
24. Non-Solicitation of Customers
You agree not to solicit or attempt to solicit, directly or indirectly, for any purpose that is not in the interest of 'Stache Salt, any customers of 'Stache Salt with which you have had any contact, during the term of this Agreement and for a period of two (2) years following termination of this Agreement, notwithstanding the cause or reason for the termination of this Agreement.
You agree that at no time after the termination of this Agreement that you will solicit any of 'Stache Salt’s Products or services or promote 'Stache Salt’s codes to any of 'Stache Salt’s customers.
25. Governing Law and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of the United States and the state of Utah; in the event of any conflict, the laws of Utah will govern. You consent to the jurisdiction of the District Courts for Utah County Utah and the U.S. District Court for the District of Utah for any dispute arising out of this Agreement. You agree that in the event of any breach or threatened breach by you, 'Stache Salt may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect 'Stache Salt against any such breach or threatened breach and reimbursement of 'Stache Salt's attorneys' fees and costs.
26. Entire Agreement
You represent and agree that no promise, inducement, or agreement other than as expressed herein has been made to you and that this Agreement is fully integrated, supersedes all prior agreements and understandings and any other agreement between 'Stache Salt and you, and contains the entire agreement between 'Stache Salt and you.
27. Modification
No oral agreement, statement, promise, undertaking, understanding, arrangement, act or omission of any party to this Agreement, occurring subsequent to the date hereof may be deemed an amendment or modification of this Agreement unless reduced to writing and signed by the parties hereto or their respective successors or assigns.
This Agreement is binding upon and will inure to the benefit of the parties, their successors, subsidiaries, affiliates and personal representatives.
I acknowledge that I have read and fully agree to the terms of this Agreement.
