Press On Enterprise Ambassador Program Terms & Conditions

 

IMPORTANT NOTICE

 

Please read carefully, the terms and conditions of this Brand Ambassador Agreement (“Agreement”) and only check the “I Agree” box if you agree to these terms.

By checking the “I Agree” box, you agree to become a Brand Ambassador (Hereinafter referred to as “Brand Ambassador “) of Press On Enterprise, LLC (Hereinafter referred to as “Company”) and you acknowledge and confirm that (1) You have read, understand and agree to the terms of this agreement, (2) You are 18 years of age or older and (3) You reside in the United States.

If you do not agree to all terms and conditions of this agreement or if you do not meet all of these criteria, do not check the “I Agree” box.

You agree that when you check the “I Agree” box to become a Company Brand Ambassador and agree to the terms and conditions of this agreement, you will “sign” this agreement electronically and you will be legally bound by the terms and conditions set forth below as of 6/04/2017.

  1. Purpose: This Agreement outlines the relationship and mutually agreed upon agreement between the Parties to the Agreement (Company and Brand Ambassador) and the Brand Ambassador Program set forth.

  2. Services: Brand Ambassador will perform certain services in connection with Company and is currently committing to engage with the Company’s social channels, online presence and community. Brand Ambassador understands and agrees that s/he will at all times maintain the highest degree of professionalism, behave in a legal, ethical and business-like manner and maintain the highest standards of integrity, honesty and responsibility in dealings with Company, its staff, customers and other representatives.

    • Brand Ambassador further understands and agrees to all of the following conditions: Brand Ambassador will present Company products and services in a truthful and sincere manner and will not engage in any activity or action that may damage Company reputation or the reputation of its products or services.

    • Brand Ambassador will not use the Company logo or name in any advertising, on the Internet or in literature other than material published by Company, without first obtaining permission from Company.

    • Brand Ambassador will comply at all times with Company policies and procedures.

    • If any Brand Ambassador communications associated with or for promotion (marketing, websites, blog posts, videos, audios, emails, Tweets, Facebook posts, etc.) are deemed offensive or inappropriate, Brand Ambassador will be deemed, ineligible to participate in any and all promotions. The Brand Ambassador in question will then be disqualified from receiving any further incentives, recognition or communication from Company. The Brand Ambassador may also be immediately removed from any & all promotions and the Brand Ambassador Program (and will be in violation of this Agreement) if, at the sole discretion of the Company, the Brand Ambassador’s marketing: (1) Contains information regarding, promotes or links to a site that provides information about or promotes illegal activity; (2) 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; (3) Contains, promotes or links to sexually explicit or violent material; (4) Uses the Promoter’s banners, brand name, likeness, images, and videos, on their own websites without Company consent; (5) Is, for any other reason, deemed to be unsuitable by the Company;

  3. Incentives: In consideration for the full performance of Brand Ambassador’s services hereunder and the rights and releases granted herein, Company shall provide Brand Ambassador incentives in the form of discounted and/or free services and products and Brand Ambassador agrees to accept. The Brand Ambassador understands that this is an UNPAID Brand Ambassador Program and other than the incentives set forth, Brand Ambassador is not entitled to any other payments under this Agreement, including fees, wages, compensation, royalties, revenue or usage-based payments. Brand Ambassador is participating in the Brand Ambassador program as a fully independent entity, not an employee. The Brand Ambassador understands that this program does not guarantee future employment with the Company.

  4. Ownership Rights: Brand Ambassador acknowledges that the results and proceeds of the services provided hereunder, including without limitation all ideas, photographs, images, themes, materials, and designs developed, created and/or provided by Brand Ambassador (the “Work”) is owned by Company, for all purposes. To the extent that any Work is deemed not to be a work made for hire, and without limiting the foregoing, Brand Ambassador hereby assigns and transfers all right, title, ownership and interest therein, presently known or hereafter ascertained, including, but not limited to, all copyright rights therein, the right to secure the copyright (and all renewals, reissues and extensions thereof) throughout the world, without any restrictions as to use, to Company. For the sake of clarity, and without in any way limiting the foregoing, Company may reproduce, modify, adapt, create derivative works from, distribute, display, license, assign, transfer and/or otherwise use the Work, and all elements and derivatives thereof, in whole or in part, in all media now known or hereafter developed (including without limitation in social media), worldwide, in perpetuity, royalty-free and without restriction of any kind. Brand Ambassador acknowledges the ownership and validity of Company’s copyrights, brands, trademarks, trade dress and patent rights, whether or not created by or contributed to by Brand Ambassador.

  5. Use of Likeness: Brand Ambassador further grants to Company the irrevocable right and permission to film, videotape, photograph and/or otherwise record Brand Ambassador and to reproduce, publish, distribute, display, broadcast, exhibit, and/or in any other way use Brand Ambassador’s image, likeness, signature, voice, photographs, name (including nicknames), actual and/or paraphrased statements, biographical information and/or any other information or attribute identifying and/or otherwise associated with Brand Ambassador (collectively, “Likeness”), in whole or in part, distorted, altered, modified and/or adapted in character and/or in form, alone and/or accompanied by other material, in perpetuity and royalty-free, for any purpose whatsoever, including without limitation for the purpose of advertising, publicity, promotion, and/or other marketing for Company and/or the Work, in all media now known or hereafter developed (including without limitation in social media).

  6. No Right of Approval: Brand Ambassador hereby irrevocably waives any and all right to inspect and/or approve Company’s use of the Work and/or Brand Ambassador’s Likeness, including without limitation any text, image and/or other creative elements that may be used in connection with the Work and/or Brand Ambassador’s Likeness.

  7. Brand Ambassador Obligations and Acknowledgements:

    • While performing the Brand Ambassador duties, the Brand Ambassador agrees and acknowledges the Brand Ambassador’s obligation to:

      • Perform all assignments allocated to the Brand Ambassador to the best of the Brand Ambassador 's ability;

      • Exercise all due care and skill;

      • Comply with all lawful and reasonable directions and instructions given to the Brand Ambassador by officers, contractors or employees of the Company during the Brand Ambassador Program;Comply with any and all Company policies and procedures that apply, or may apply, to the Brand Ambassador during the course of the Brand Ambassador Program;

      • At all times comply with any and all legislation, codes or guidelines, in whatever form, that are applicable to the Brand Ambassador; and;

      • Undergo any and all training that the Company deems necessary to enable the Brand Ambassador to safely and efficiently perform the Brand Ambassador duties during the Brand Ambassador Program.

    • Confidentiality / Non-Disclosure:

      • Brand Ambassador will regard and retain as confidential and will not divulge to any third party, or use for any unauthorized purposes (including Brand Ambassador’s own benefit) the terms of this Agreement, any proprietary, or confidential information or know-how that Brand Ambassador has acquired during Brand Ambassador’s service or in consequence of Brand Ambassador’s service or contacts with Company without the written consent of an authorized representative of Company. Brand Ambassador agrees to return to Company all such documentation and any other confidential information upon termination of Brand Ambassador’s engagement with Company. Brand Ambassador should use ethical, honest means to promote the Company. If Brand Ambassador has a unique idea to promote Company offerings, Brand Ambassador must request written permission first from Company.

      • Proprietary Information: Brand Ambassador recognizes that his/her relationship with Company creates a relationship of confidence and trust between himself/herself and the Company with respect to any information that is (i) applicable to the business of Company; or (ii) applicable to the business of any client or customer of Company, which may be made known to him by Company or any client or customer of Company, or learned by him in such context during the period of his/her relationship with Company. Brand Ambassador further recognizes that all such information has commercial value in the business in which Company is engaged and is hereinafter called "Proprietary Information". By way of illustration, but not limitation, Proprietary Information includes any and all technical and non-technical information including patent, copyright, trade secret, and proprietary information, techniques, drawings, inventions, know-how, processes and plans related to the current, future, and proposed products and services of Company, and includes, without limitation, its respective information concerning research, experimental work, development, design details and specifications, financial information, purchasing, customer lists, business forecasts, sales, merchandising, and marketing plans and information. "Proprietary Information" also includes proprietary or confidential information of any third party.

      • Nondisclosure of Proprietary Information: All Proprietary Information is the sole property of Company and its assigns and Company and its assigns shall be the sole owner of all patents, copyrights, trade secrets, and other rights in connection therewith. Brand Ambassador hereby assigns to Company any rights he may have or acquire in such Proprietary Information. At all times, both during and after Brand Ambassador’s relationship with Company, Brand Ambassador agrees to keep in confidence and trust all Proprietary Information and not to use or disclose any Proprietary Information or anything directly relating to it without the written consent of Company, except as may be necessary in the ordinary course of performing his duties as a Brand Ambassador of Company. Notwithstanding the foregoing, it is understood that, at all such times.​​​

  8. Representations and Warranties: Brand Ambassador represents and warrants that: (i) Brand Ambassador has the full and unrestricted right and authority to enter into and perform this Agreement and to grant the rights granted herein; (ii) Brand Ambassador has complied and will comply with all applicable laws, rules and regulations in rendering the services to be performed under this Agreement, the Use of Endorsements and Testimonials in Advertising and all related disclosure requirements; and, notwithstanding the termination provisions set forth herein, Company reserves the right to immediately terminate this Agreement if Brand Ambassador fails to make social media or other disclosures in the manner set forth, which failure shall be deemed a material breach of the Agreement; (iii) the Work is original to Brand Ambassador; (iv) the use of the Work and/or Brand Ambassador’s Likeness does not and will not violate the rights of any third party, including without limitation, any contract, copyright, trademark, or rights of privacy or publicity of any third-party; (v) the Work will not contain any disparaging, pornographic, defamatory and/or offensive material; and (vi) Brand Ambassador will perform the services in a timely and professional manner.

  9. Release/Indemnity: Brand Ambassador hereby irrevocably and unconditionally releases, discharges and agrees to indemnify and hold harmless Company, affiliates, and the irrespective officers, directors, employees, agents, assignees, designees and licensees (together, the “Company Parties”), from and against all actions, claims, demands, causes of action, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) of any kind whatsoever, whether known or unknown, arising at any time out of and/or relating to the use of the Work and/or Brand Ambassador’s Likeness and/or any breach or alleged breach of any of the terms of this Agreement.

  10. Term: This Agreement will be effective as of 6/04/2017 and will remain in effect for at least six months thereafter unless terminated in accordance with Section 11 below, unless written notice of termination is given by either party to the other party prior to the end of the then-applicable term. The Brand Ambassador Program may be extended beyond the term end date, by further agreement in writing executed by the parties.

  11. Termination of Brand Ambassador: The Brand Ambassador accepts that the program may be terminated at any time prior to the term end date, at the Company's sole discretion

  12. Jurisdiction: This Agreement shall be governed by, construed and enforced in accordance with the laws of Georgia. Company and Brand Ambassador recognize and accept that the State of Georgia shall have jurisdiction and venue for any disputes under this Agreement.

  13. Injunctive Relief: Brand Ambassador acknowledges that, because s/he will have access to confidential information of Company, any breach of this Agreement would cause irreparable injury to Company, for which monetary damages may not be an adequate remedy and, therefore, will entitle Company to injunctive relief. The rights and remedies provided to each party in this Agreement are cumulative and in addition to any other rights and remedies available to such party at law or in equity.

  14. Miscellaneous:

    • If any portion of this Agreement shall be held invalid, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this Agreement are to be and shall be deemed severable. If Company incurs any legal fees, whether or not action is instituted, to enforce the terms of this Agreement or to recover damages or injunctive relief for breach of this Agreement, it is agreed that the Company shall be entitled to reasonable attorney fees and other costs in addition to any other relief to which it or they may be entitled.

    • This Agreement constitutes the entire understanding between all the parties and supersedes all previous understandings, agreements, communications and representations, whether written or oral, concerning the discussions by and between the Parties hereto.

    • This Agreement may not be amended in any respect whatsoever except for modification or change in writing issued by an authorized Company representative.Company reserves the right to disqualify and revoke Brand Ambassador’s standing from any Brand Ambassador program and cancel pending incentives based on inappropriate behavior or marketing by the Brand Ambassador. Company may discontinue the Brand Ambassador Program at any time. If either Party should waive any breach of any provision of this Agreement, such Party shall not thereby be deemed to have waived any preceding or succeeding breach(es) of the same provision, or have thereby waived any other provisions hereof.

Get to Know The CEO

Shonté Press,

Certified Nutrition & Wellness Consultant, Author & Speaker

© Press On Enterprise Copyright 2017 All Rights Reserved

Press On Enterprise

Contact@PressOn Enterprise.com

404.939.4469

P O Box 366077

Atlanta, GA 30336

Follow for Nutrition & Wellness Inspiration

Instagram Feed...

  • Grey Facebook Icon
  • Grey Instagram Icon
  • Grey Twitter Icon
  • Grey YouTube Icon
  • Grey LinkedIn Icon