Key features:
- Ambassador shall represent the Brand and the Company in a positive light, although some constructive criticism of the products’ features is permitted
- Ambassador shall represent the Brand and the Company in a positive light, although some constructive criticism of the products’ features is permitted
- The Ambassador shall be solely responsible for ensuring that the Ambassador’s content complies with all laws, including, without limitation, IP laws and affiliate marketing disclosure rules.
- Optional Exclusivity
- Optional Non-Disparagement

If you don't want to click through to the generator, you can just copy this template:

If you don't want to click through to the generator, you can just copy this template:
BRAND AMBASSADOR AGREEMENT
This Brand Ambassador Agreement (this
“Agreement”) is made effective as of _______________, 2019 (the “Effective
Date”) by and between _____________________ (the “Company”) and
_________________ (the “Ambassador”). The parties agree as follows:
1.
Services.
(a) The Ambassador will use best efforts to
positively represent the ____________ clothing line (the “Brand”) by uploading
content wearing the Brand to the Ambassador’s Instagram account at least:
i. two (2) times per month as posts, and
ii. at least four (4) times per month as
Instagram Stories.
(b) All such branded content must include
the discount code provided by the Company. When instructed by the Company, the
Ambassador must post about the Brand’s special events such as new product
launches and collections.
2.
Manner
of Representation.
(a) The Ambassador shall represent the Brand
and the Company in a positive light, although some constructive criticism of
the products’ features is permitted.
(b) The Ambassador shall present the Brand
products in a truthful, sincere manner that reflects the Company’s high
standard of integrity and responsibility.
(c) The Ambassador shall be solely
responsible for ensuring that the Ambassador’s content complies with all laws,
including, without limitation, IP laws and affiliate marketing disclosure
rules.
(d) The Ambassador shall
not resell the Brand products privately.
3.
Compensation.
(a) When a customer makes an order using the
Ambassador’s code, the Ambassador will earn a commission of ___% on all completed
orders.
(b) The Ambassador will be paid by the end
of the month for the Ambassador’s monthly performance.
(c) The Company reserves the right to change
the commission percentage, provided, however, that such changes will only apply
to future sales and will not affect the commission on sales already made.
(d) The Ambassador will not earn a commission
in case of a chargeback, refund and similar events where the Company did not
make money on a sale.
4.
Exclusivity.
While this Agreement is in effect, the
Ambassador may not represent other fitness-related companies, brands and
products.
5.
Non-Disparagement.
(a) The Ambassador shall not disparage or
defame the Brand, the Company, its owner(s) and affiliates either publicly or
privately.
(b) The Company shall not disparage or
defame the Ambassador either publicly or privately.
(c) This Section shall remain in effect for
one (1) year after this Agreement is terminated for any reason.
6.
Term and
Termination.
(a) This Agreement shall remain in effect
for six (6) months from the Effective Date. It shall automatically renew for
additional consecutive six-months terms.
(b) Either party may terminate this
Agreement immediately for cause, or without any reason upon 30 days’ written
notice to the other.
7.
Relationship of the Parties.
(a) The parties are
independent contractors. This Agreement does not create any employer-employee,
agency or similar relationship.
(b) The Ambassador has no
authority to enter into contracts that bind the Company or
create obligations on the part of the Company without the prior written
authorization of the Company.
8.
Confidentiality.
The Ambassador shall
not disclose non-public information related to Company’s business, products,
trade secrets and strategies to anyone, except as may be required by law.
9.
Indemnification.
The Ambassador shall indemnify, defend and hold the Company, its owner(s),
agents, employees and affiliates harmless against and in respect to any and all
claims, demands, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including without limitation, interest, penalties,
and attorneys’ fees, that the Company shall incur or suffer, which arise,
result from or relate to any advertising, or action taken or omitted, or
representation made by the Ambassador.
10.
Governing Law and Non-Waiver.
(a) This Agreement and any dispute or claim arising out of, or related
to it, its subject matter or formation shall be governed by and construed in
accordance with the laws of California.
(b) Enforcement of this Agreement is solely in the parties’
discretion, and failure to enforce the Agreement in some instances does not
constitute a waiver of right to enforce in other instances.
11.
Arbitration.
(a) Any dispute, controversy or claim arising out of or related to
this Agreement shall, upon the request of either party involved, be submitted
to and settled by binding arbitration in San Francisco, California,
pursuant to the rules then in effect of the American Arbitration Association
(or at any other place or under any other form of arbitration mutually
acceptable to the parties so involved).
(b) Any award rendered shall be final and conclusive upon the parties
and a judgment thereon may be entered in the highest court of the forum, State
or Federal, having jurisdiction. The
expenses of the arbitration shall be borne equally by the parties to the arbitration,
provided that each party shall pay for and bear the cost of its own experts,
evidence and counsel.
(c) Parties understand that this clause means they waive their right
to sue in court and have a jury trial.
12.
Severability and Assignment.
(a) If any provision of this Agreement is held by any court to be
invalid, void, or unenforceable, the remaining provisions of this Agreement
shall continue in full force and effect.
(b) The parties may not assign this Agreement or any
rights or obligations hereunder, by operation of law or otherwise, without
prior written consent of the other party.
13.
Entire Agreement.
(a) The terms and conditions of this Agreement supersede any previous
agreement, statement of terms and conditions, or understanding between the Ambassador
and the Company.
(b) All representations or promises relied upon in executing the
Agreement are included in the Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement.
COMPANY:
By: _____________________________
Name/Title: ______________________
Date:____________________________
|
AMBASSADOR:
By: ________________________________
Name: _____________________________
Date: ______________________________
|