Brand Ambassador Agreement

BRAND AMBASSADOR AGREEMENT

 

At Wag & Wonder, LLC, we actively support selective members of the pet community to advertise and promote our products. This agreement describes the terms and conditions for participation in the Brand Ambassador Program. The terms “Brand Ambassador”, “Ambassador”, “you”, and “your” are referring to you, the applicant. “We”, “our”, and “us” refer to Wag & Wonder, LLC.

 

AMBASSADOR REQUIREMENTS

The Brand Ambassador requirements outlined in your online application are herewith incorporated into this agreement by reference. 

Requirements include:

  • Must be at least 18 years old and based in the USA.
  • Follow us on Instagram @wagandwonder.
  • Have an active, public Instagram account for your dog with current activity of 2-3+ posts per week and at least 300 followers.
  • Take and post high-quality, unique & creative photos that align with our brand’s aesthetic. 
  • By submitting an application, you acknowledge that you have read and agree with our Brand Ambassador Agreement.

As an ambassador we provide a personalized code for you to share. This code is not to be shared on public coupon/discount websites such as retailmenot.com, couponsock.com and others like it. Any ambassador whose code is found on a coupon site will be immediately terminated from the program and all store credits will be rescinded. 

As an ambassador, you are expected to drive at least one sale every 90 days resulting in store credit commission. Failing to do so will deem your account as inactive and your unique discount code will be inactivated.

Ambassadors must comply with all federal, state, and local regulations including applicable governing marketing emails (CAN-SPAM Act) and all other anti-spam laws.

Ambassadors who do not follow the requirements can be subject to termination, suspension and/or the rescinding of all store credits.

 

AGREEMENT DURATION & TERMINIATION

This agreement will begin upon our acceptance of your ambassador application and will end when terminated by either party in writing. Becoming an ambassador, does not establish any legal or financial relationship with Wag & Wonder, LLC. We reserve the right to terminate an ambassador’s position at any time, with or without cause, by giving the other party written notice of termination.

 

PROMOTION OF ENDORSED PRODUCTS

Endorsed products are anything sold under the Wag & Wonder name. 

As a Brand Ambassador, we encourage you to represent our brand in good taste. You agree to use your best efforts to promote endorsed products consistent in the manner listed on product labels. We encourage you to be unique and creative when positing content according to our guidelines.

You are approved to promote endorsed products through the following channels:

  • Facebook, Instagram and YouTube. 
  • Your own blog or website.
  • Emails to family and friends but no spam.

 

TERRITORY

All Brand Ambassadors will be exclusively within the USA or a US Territory and represent the entire USA and US Territories.

 

PROHIBITED CONTENT

Brand Ambassadors are strictly prohibited from posting content on any platform, as determined by our sole discretion, that:

  • Are suggestive, sexually explicit or pornographic or contain nudity or profanity.
  • Promote violence and/or drug use, alcohol, tobacco, firearms/weapons.
  • Promote discrimination or endorse hate based on race, sex, religion, disability, sexual orientation or age.
  • Promote illegal or questionable activities that may appear dangerous or unsafe.
  • Misrepresents, defames or disparages other people or entities.
  • Shares content inconsistent with the good will and/or positive images with which Wag & Wonder wishes to associate.
  • Violate intellectual property rights or any law.

 

COMMISSION

Ambassadors earn a standard commission rate of 10% for all Net Sales using your unique discount code at checkout at www.wagandwonder.com. Net Sales are defined as sales excluding any discounts, shipping, store credit, refunds, or taxes. Commissions are paid in the form of gift cards valid at www.wagandwonder.com.

Your own orders are not eligible for commission. Any Ambassador found to commit commission fraud will be immediately removed from the Ambassador Program.

We reserve the right to reverse commissions due to returns, order cancellations and erroneous order duplications. We also reserve the right to defer or refuse commissions for disputed orders or orders we reject and cannot fulfill at our sole discretion. 

Store credit will be issued at the end of the month for the previous month. For example, commissions earned in October will be paid out at the end of November. The minimum payout amount each month is $5. Commissions less than the minimum will be pushed to the following month’s payout.

 

INDEMNIFICATION

Wag & Wonder, its officers, agents, assignees, and employees shall be held harmless for any liability from injury or damage arising from the use or promotion of any Endorsed Product.

 

RELATIONSHIP

This agreement shall not be construed as creating an employer/employee relationship or an employer/contractor relationship.

 

CONFIDENTIALITY

As a Brand Ambassador, we may share information with you that will be identified as confidential and as such, you are expected to maintain this information in the strictest confidence. Any disclosure of confidential information will terminate this agreement and result in legal action.

 

INTELLECTUAL PROPERTY

Brand Ambassador hereby agrees to grant Wag & Wonder the unlimited and unencumbered use of any and all work product developed by Ambassador in conjunction with the performance of services for Wag & Wonder. Work product includes but is not limited to all social media posts, pictures, images, videos, recordings, taglines, hashtags, posts, commentary, and designs.

  • Except where prohibited by law or regulation, Ambassador grants Wag & Wonder and its successors, assigns, licensees and designees permission to use Ambassador's name, social media platform account name, photograph (including, but not limited to, social media platform account profile photo), voice and/or other likeness,  in all media now known or hereafter discovered (including, without limitation, on Wag & Wonder websites and via Wag & Wonder social media platform accounts), worldwide in perpetuity, for any purpose without additional compensation, consideration, notification or consent.  
  • Ambassador is not authorized to use any copyrighted content from any other companies to promote Wag & Wonder's brand. 

Wag & Wonder will not be responsible for any disputes involving the unauthorized use of any other company’s intellectual property.

 

GOVERNING LAW

This Agreement shall be construed in accordance with the laws of the State of North Dakota. In the event that arbitration is unsuccessful, you agree to submit to venue and personal jurisdiction in any state or federal court sitting in the County of Burleigh, State of North Dakota in any action or proceeding arising out of or related, directly or indirectly, to this agreement.

 

GOVERNING LAW

All terms listed above are subject to change at any time, with or without notice. If you find the change unacceptable, you have the right to terminate the Agreement. However, if you continue to receive the benefits of the Agreement after the end of the notice period of the change, you will be considered to have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.

 

ENTIRE AGREEMENT 

This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether written or oral, between the parties.