SENTIMENTAL GEMS AGREEMENT TERMS & CONDITIONS
This Brand Ambassador Agreement “Agreement” describes the terms and conditions for participation in the Sentimental Gems (Kerri Dawn Designs) Brand Ambassador/Affiliate Program collectively referred to as the “BA/A Program” or “Program” refer to promoting Sentimental Gems (Kerri Dawn Designs), the brand and its products, to potential Sentimental Gems (Kerri Dawn Designs) customers in return for compensation related to individual performance. The terms “Brand Ambassador,” “you,” and “your” are referring to you, the applicant. Sentimental Gems (Kerri Dawn Designs) and this Agreement refers to as “We” and “our”. We are independent parties and this Agreement will not form any partnership between you or Sentimental Gems (Kerri Dawn Designs) in any extent other than what this agreement describes.
Agreement between Sentimental Gems (Kerri Dawn Designs) and affiliate ambassadors (BA/A) as identified on the application for enrollment form relating to Independent Designer’s purchase of products for resale to consumers on a direct sales basis, on the following terms: 1. Acknowledgment. By completing the enrollment process, BA/A acknowledges that BA/A has read, understands and agrees to the terms of this Agreement. BA/A is of legal age in her or his province of residency and/or is the age of 18 or older. BA/A understands that BA/A may cancel this Agreement at any time regardless of reason by written or electronic email notice to SG. BA/A also understands that acceptance as an BA/A is not automatic, but is subject to the receipt and acceptance of the application by SG at its home office in St.Albert, Alberta.
You can earn commission for each sale brand level:
- Affiliate 20% of total sales after shipping, taxes, or applied discounts.
- Ambassador 25% of total sales after shipping, taxes, or applied discounts.
- + 30% off Purchases
- Influencer 30% of total sales after shipping, taxes, or applied discounts.
- + Wholesale Pricing
- + Quarterly Gift to showcase
- VIP Influencer 40% of total sales after shipping, taxes, or applied discounts.
- + Wholesale Pricing
- + Volume Wholesale Pricing
- + Quarterly Gift to showcase and/or as decided by SG/KDD
MOVING UP THE RANKS
- Affiliate to Ambassador you must refer 25 guests or gain $350 in sales.
- Ambassador to Influencer you must refer 50 guests or gain $1000 in sales.
- Influencer to VIP Influencer you must refer 100 guests AND gain $1000 in sales (you may also submit a letter of application).
REFER FRIENDS TO SIGN UP AS A BRAND AMBASSDOR/AFFILIATE
Earn from your friends who sign up the following:
- Affiliate 5%
- Ambassador 10%
- Influencer 15%
- VIP Influencer 10%
You can access your affiliate link in the affiliate link tab, you will not get commission unless you use your delegated link, if you only share the sentimentalgems.com link without the FULL URL given, we cannot track your references or commission and you will not get paid. If you want a custom masked link ie: kerri.sentimentalgems.com you will have to email Kerri directed to request. email@example.com
Brand Ambassador Job Description
A brand ambassador should be an enthusiastic, outgoing individual with a considerable social media presence and a medium to large sized network. He or she presumably is already familiar with and endorses the SG brand being represented.
Responsibilities include, but are not limited to, the following:
- Representing the brand positively in a multitude of settings
- Assisting in content creation (ie. writing blogs, newsletters, product reviews, etc.)
- Participating in event marketing
- Generating brand awareness through word-of-mouth marketing
- Being an opinion leader in his/her community
- Providing feedback and insight on new products/services
- Promoting the brand via his personal social media accounts
What Does a Brand Ambassador Do?
The power of suggestion is an incredible thing. Still, we take some suggestions more seriously than others, depending on how credible we deem the source of the favorable mention.
Brand ambassadors should anticipate face-to-face or social media interacting being a major part of the job. Whether representing your company at a formal event, or just talking to someone in the grocery store about the brand you are representing, a brand ambassador is constantly expected to engage with his or her community to generate brand awareness. Thus, it is crucial for an ambassador to know everything she can about her brand, so she can be sure to always represent it positively.
While a brand ambassador’s job does entail in person representation of his brand, it is also understood that he or she will help market the company via social media. It is critical that an aspiring brand ambassador has a professional presence online, because the use of personal social media accounts is a huge aspect of the position.
2. Affiliate Obligations
2.1. To begin the enrollment process, by completing and submitting the registration you are agreeing to the Terms of Service. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your registration at our sole discretion. We may cancel your registration if we determine that your site is unsuitable for our Program, including if it:
Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes “Merchant” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Merchant.com or any other affiliated business.
2.2. As a member of Sentimental Gems (Kerri Dawn Designs) Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the Merchant.com web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. Sentimental Gems (Kerri Dawn Designs) reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
3. Sentimental Gems (Kerri Dawn Designs) Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Sentimental Gems (Kerri Dawn Designs) Affiliate Program.
3.2. Sentimental Gems (Kerri Dawn Designs) reserves the right to terminate this Agreement and your participation in the Sentimental Gems (Kerri Dawn Designs) Affiliate Program immediately and without notice to you should you commit fraud in your use of the Merchant.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Merchant.com shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Sentimental Gems (Kerri Dawn Designs)’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Sentimental Gems (Kerri Dawn Designs)’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Sentimental Gems (Kerri Dawn Designs) uses a third party to handle all the tracking and payment. You will be paid via interact transfer or PayPal, it is your obligation to report all earnings to the CRA in accordance to the tax laws within your working area.
7. Access to Affiliate Account Interface
You will create a password so that you may enter Sentimental Gems’ secure affiliate account interface. From their site, you will be able to receive your reports that will describe our calculation of the commissions due to you. You will be paid on the last day of each month, however, if you do decide to use your earnings towards purchasing product you may use it as a credit any time.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions Sentimental Gems (Kerri Dawn Designs) could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Sentimental Gems (Kerri Dawn Designs). For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Sentimental Gems (Kerri Dawn Designs) so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Sentimental Gems (Kerri Dawn Designs) so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Sentimental Gems (Kerri Dawn Designs). If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Sentimental Gems (Kerri Dawn Designs) Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form if the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Merchant’s service).
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely about such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Sentimental Gems (Kerri Dawn Designs)’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Merchant.com and the good will associated therewith will inure to the sole benefit of Merchant.com.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
SENTIMENTAL GEMS (KERRI DAWN DESIGNS) MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SENTIMENTAL GEMS (KERRI DAWN DESIGNS) SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF SENTIMENTAL GEMS (KERRI DAWN DESIGNS) ABILITY, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MERCHANT.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Sentimental Gems (Kerri Dawn Designs), and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Merchant.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Alberta without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.