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Please read carefully through the points system and terms & conditions below before submitting your application to become an ambassador.
By [submitting your application / clicking “I agree”], you agree to the terms and conditions of this FW Ambassador Program Agreement between you and FW (“FW”). You agree to be legally bound by and comply with these brand ambassador terms and conditions, including all applicable policies.
If you do not agree to these terms and conditions, click “I do not agree” and do not submit the application. If at any time, you no longer wish to be bound by these terms and conditions, you must immediately provide written notice to FW.
As used in these terms and conditions, “You” or “Your” shall mean the individual who is applying to be a brand ambassador for FW.
By submitting Your application and participating in the Program, You agree as follows:
If selected by FW, You will become a brand ambassador (“Ambassador”) for products offered and sold by FW. Your performance as an Ambassador is subject to these terms and conditions, and any separate agreement FW may require you to execute as well as any FW policies, standard operating procedures or guidelines provided to you from time to time (collectively, the “Ambassador Terms”).
1. Eligibility. To enroll in the program, you must complete and submit the online application. Initial approval of Your application does not mean that all information or actions set forth in the application comply with the Ambassador Terms, and it is Your continuing duty to ensure Your compliance. We may reject Your application and/ or dismiss You from the Program at any time at our sole discretion.
2. You must provide Your full and accurate legal name, a valid email address and any other information required to complete the application for the Program. You will only provide true and accurate information to FW, and will update any such information as necessary to ensure that such information is kept complete and accurate. You will not use any “bot” or other automated method to enroll or participate in the Program.
3. You acknowledge and agree that You meet the following eligibility criteria:
4. Responsibilities. You agree to use Your best efforts to market and promote the FW products on Your Accounts (the “Promotional Services” or the “Services”) in a manner consistent with that authorized by FW, including but not limited to the following:
FW reserves the right to accept on a case by case basis if the Ambassador suggests alternative Services not listed under the “Points System” that could provide similar promotion of FW products and/or brand.
5. Compensation. You will not receive compensation in cash value. You will instead be eligible to order $2’000 worth of free product from the FW collection, which You shall pay back by accruing points as outlined by FW in the points system. Your product order is subject to stock availability and FW’s agreement. FW reserves the right to recall products and/or terminate the Ambassador Agreement if You do not meet the points requirements by June 1st of each year.
6. Conduct. As an FW brand ambassador, You agree to:
7. Expected behavior in relation to FW retailers. You agree to:
8. By entering into the Ambassador Terms, You agree that:
9. Term; Termination. The term of the Ambassador Terms shall begin upon written acceptance of Your application by FW and continue for 1 year (12 months), with the Services and Term subject to reasonable adjustment or extension in FW’s discretion. The Ambassador Terms may be terminated by FW immediately at any time, with or without cause, upon FW’s written notice to You; and by You immediately upon written notice by You to FW. Ambassadors who do not follow the applicable requirements can be subject to termination or suspension at any time.
10. Ambassador agrees not to endorse or perform services for any brand that is used to market any products falling within the same category as FW: Outdoor Sports & Athletic Apparel, including Outerwear, Mid Layers, Base Layers and Tech Wear.
11.Third Parties. FW recognizes that, as an independent contractor, You are available to perform services for entities other than FW. You agree to notify FW of any other arrangements. Moreover, You warrant and represent that there is no conflict or potential conflict of interest between Your performance of Services under the Ambassador Terms and the performance of services under other contracts for services or as an employee of other entities and will ensure that no such conflict arises. Without limiting the foregoing, You agree to promptly notify FW if and when You are engaged to perform substantially similar services with respect to a competing brand of products.
12. Indemnity. You will at all times defend, indemnify and hold harmless FW (including, without limitation, all related and affiliated entities and their respective directors, officers, shareholders, agents and representatives) from and against any and all claims of whatever nature, including without limitation: (i) any violation of Law committed by You or Your agents; and/ or (ii) Your participation in the Program, and/ or Your breach of any obligation, representation or warranty set forth in the Ambassador Terms. Your obligation to indemnify and defend FW as set forth in this Section shall include reimbursement of any and all legal fees and related costs and expenses incurred by FW in connection with any such claim.
13. Limitation of Liability. FW will not be liable to you under any 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 FW has been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in the Ambassador Terms, in no event shall FW’s cumulative liability to you arising out of or related to the ambassador terms, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commissions paid to you under the ambassador terms.
14. Modification. FW may change the Ambassador Terms in the future. Unless the Ambassador Terms or Law specify/(ies) otherwise, we will give You thirty (30) days prior notice of any significant change to the Ambassador Terms. 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 the Ambassador Terms by making any typed, handwritten, or any other changes to them for any purpose.