By participating in the Barket Brand Ambassador Program, you are agreeing to all the following Terms and Conditions (the “Agreement”).
There are 3 basic requirements for participating in Barket Brand Ambassador Program.
- Brand Ambassador must be 16 years or older to participate;
- Brand Ambassador must have and actively use at least one social media channel (e.g Instagram, Facebook, YouTube, etc.); and
- Brand Ambassadors must positively promote the Barket brand and its values.
Barket reserves the unconditional right to accept or deny any Brand Ambassador who applies via our website or email.
The Brand Ambassador agrees to uphold the mission and purpose of the Barket brand. The Brand Ambassador agrees to promote and highlight the Barket brand via social media by wearing/showcasing and tagging Barket products in a positive, tactful manner.
The Brand Ambassador agrees to participate in all of the Barket brand campaigns, as prompted by the Barket Team on the Barket Ambassadog Facebook Group; as well as post at least two additional posts of their own per month (highlighting Barket products). The Brand Ambassador understands and agrees that promotional codes provided by Barket to Brand ambassadors are for their use only, and should not be abused or shared with others.
The Brand Ambassador agrees and understands that if any of their communications associated with or for this promotion (marketing, websites, blog posts, videos, audios, emails, Tweets, Facebook posts, etc.) are deemed offensive or inappropriate, that Brand Ambassador will be deemed, at the sole discretion of the Company, ineligible to participate in all Brand Ambassador promotions. The Brand Ambassador in question will then be disqualified from participating in the Barket Brand Ambassador Program.
The Brand Ambassador may also be immediately removed from any & all promotions and Brand Ambassador subscription (and will be in violation of this Agreement) if, at the sole discretion of the Company, the Brand Ambassador’s marketing:
- Contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights or links to a site that contains such material;
- Contains information regarding, promotes or links to a site that provides information about or promotes illegal activity;
- Promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
- Contains, promotes or links to sexually explicit or violent material;
- Is, for any other reason, deemed to be unsuitable by the Company;
Barket reserves the right to disqualify and revoke a Brand Ambassador’s standing from any Brand Ambassador program based on inappropriate behaviour or marketing by the Brand Ambassador and to amend this Promotion or Agreement at any time without notification to Brand Ambassador.
USE OF LIKENESS
The Brand Ambassador agrees to be featured on Barket's social media platforms and/or its website as one of the company's brand ambassadors, granting the Company license to use Brand Ambassador’s likeness including without limitation for the purpose of advertising, publicity, promotion, and/or other marketing for Barket and/or the Work, in all media now known or hereafter developed (including without limitation in social media)
Potential Ambassador understands and agrees that the arrangement is not deemed to create an employment, partnership, or joint venture between Barket and any ambassador.
The Brand Ambassador may not use ANY copyright, trademark, service mark, or general branding of the Promoter without full disclosure and permission of the Promoter. Furthermore, the Brand Ambassador may not represent any other brand of dog products or dog-themed products that are in direct competition with Barket while participating as an ambassador for Barket without prior express written approval from Barket.
Brand Ambassador may not:
- Frame the Brand Ambassador’s website to look like the Promoter’s website or to utilize the Promoter’s branding in any way that would confuse customers or the general public as to who is hosting or promoting such a website;
- Take any action that could reasonably cause any customer confusion as to Brand Ambassador’s relationship with Promoter, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
- Read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Promoter by any person or entity;
- Seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Promoter intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter. The promoter may cancel the Brand Ambassador participation in this subscription, withhold or cancel commissions, or take any other action at its sole discretion should the Brand Ambassador carry out any of the behaviour above or fail to operate with integrity or within the guidelines of the AANA or ACCC;
- Seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Promoter or the trade or service marks or names of Promoter’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter.
The Brand Ambassador hereby agrees not to copy, alter, share, use, duplicate, distribute, or adapt any of the Promoter’s confidential information which is not directly provided or approved by the Promoter, or any confidential information – disclosed or otherwise – that comes into its possession under or in relation to this Agreement and Barket Ambassador Facebook Group.
INDEMNIFICATION AND LIABILITY
The Brand Ambassador agrees to indemnify and hold harmless Barket from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which the Brand Ambassador may be subject to be rendered, except those claims that are judicially determined to have resulted from Company’s gross negligence or willful misconduct.
Barket reserves the right to disqualify and revoke a Brand Ambassador’s standing from any Brand Ambassador program, cancel pending commissions based on inappropriate behaviour or marketing by the Brand Ambassador, and to amend this Promotion or Agreement at any time without notification to Brand Ambassador.
The Brand Ambassador has the right to terminate the relationship at any time without prior notice. Any content, including images, videos, or text, produced by the Brand Ambassador up until the termination date will remain available to the company as per the 'Use of Likeness' license granted to the company.
If any provision or covenant, or part thereof, of this Agreement, should be held by any court or another legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.
This Agreement is the final, complete and exclusive agreement between Barket and the Brand Ambassador with respect to the subject matter hereof and supersedes and merges all prior discussions between us with respect to such subject matter. No modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, will be effective unless in writing and signed by me and an authorized representative of Barket.
Should you have any questions or concerns, please contact us.