Brand Ambassador Agreement
This Brand Ambassador Agreement (“Agreement”) is entered into this ____ day of ______, 20, (the “Effective Date”), by and between King of the Jungle, LLC, a Utah Limited Liability Company (the “Company”), and ___________________, an individual (the “Ambassador” or “You”), collectively referred to as the “Parties”.
KING OF THE JUNGLE LLC is engaged in the business of formulating, manufacturing, marketing, and selling nutritional products, supplements, and branded apparel and accessories collectively referred to as the (“Products”). King of the Jungle desires to retain You as a King of the Jungle® Brand Ambassador, subject to the terms and conditions set forth below.
- ENROLLMENT IN THE KING OF THE JUNGLE BRAND AMBASSADOR PROGRAM
- You must first submit a complete King of the Jungle® Brand Ambassador Program application. King of the Jungle will evaluate your application and will notify You of your acceptance or rejection in three (3) to five (5) business days. You agree that King of the Jungle may reject your application if it determines (at its sole discretion) that your site is unsuitable for the King of the Jungle® Brand Ambassador Program for any reason. If King of the Jungle rejects your application, You are welcome to reapply to the King of the Jungle® Brand Ambassador Program at any time.
- APPOINTMENT AND SCOPE
- Appointment: Subject to the terms and conditions of this Agreement, Company hereby appoints Ambassador as its brand ambassador for its line of Products and Ambassador hereby accepts such appointment.
- Scope of Services: Ambassador agrees to use their best efforts to promote the Products including, but not limited to the following (collectively, the “Services”):
- "Promotion": The Ambassador shall engage in promotional activities on behalf of the Company as mutually agreed upon between the Parties. Such activities may include, but are not limited to, social media promotion, public speaking events, video endorsements, and personal appearances.
- "Content Creation": The Ambassador agrees to create unique and original content which promotes the Company's Products and integrates the Company's branding, which may be used in the Company's marketing and advertising campaigns.
- "Compliance": The Ambassador agrees to act at all times in accordance with all applicable laws, rules, and regulations, including those concerning advertising and testimonials.
- TERM AND TERMINATION
- Term: The term of this Agreement shall commence immediately upon King of the Jungle’s acceptance of your application and shall continue until the Agreement has been terminated by either party.
- Termination: Parties may terminate this Agreement without cause. Ambassador agrees to provide thirty (30) days’ advance written notice to King of the Jungle of your termination of this Agreement. King of the Jungle may terminate this agreement immediately without advance notice. Upon termination by King of the Jungle, King of the Jungle may
- Immediately suspend, limit, or terminate your access to any King of the Jungle account, and
- Instruct You to cease all promotional activities or make clarifying statements, upon which instruction You agree to immediately comply.
- MATERIAL DISCLOSURES AND COMPLIANCE WITH FEDERAL TRADE COMMISSION (‘FTC”) GUIDELINES
- The FTC has specifically outlined and defined best practices for affiliate marketing. King of the Jungle is adamant that each and every aspect outlined in best practices is adhered to and complied with while performing your Brad Ambassador duties. Please review the FTC Guidelines Concerning the Use of Endorsements and Testimonials in Advertising at the following link: www.federalregister.gov/documents/2022/07/26/2022-12327/guides-concerning-the-use-of-endorsements-and-testimonials-in-advertising. You are also required to review and adhered to the FTC’s Disclosures 101 for Social Media Influencers at the following link: www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf.
- When publishing posts, understandings, and so forth regarding King of the jungle products or services on your website, social media, video, or ancillary places and mediums, You must clearly disclose that you are a King of the Jungle Brand Ambassador and your material connection to King of the Jungle. Such disclosure must also include any consideration received, if You were provided certain experiences, and if any payment is being provided for any specific service or activity performed by You. Any disclosures associated with this requirement need to be clear and prominent and be associated with any statements made by You regarding King of the Jungle and its products and services. Any lack of space for noticing these disclosures is not a viable excuse and is not a valid reason for omitting such. All statements must reflect your honest opinions and must be truthful. You agree to refrain from associating with sites and using language that could infer or relate to medical outcomes and/or claims pertaining to King of the Jungle and its products and services, which must include refraining from claims associated with the curing, successfully treating, or recession of a disease or ailment. Factual statements must be verifiable and true. Any references to a “typical outcome”, “typical customer”, or “typical result” are improper and should be refrained from use or reference by You. Transparent and honest communications are required for all Brand Ambassadors.
- EXCLUSIVE PROMOTION
- Your promotion of King of the Jungle is exclusive to King of the Jungle during the term of this Agreement, and You will not work for or promote nutritional, dietary and protein supplements of a competitor or other company, including but not limited to protein powders, pre-workout, energy drinks and sports nutrition supplements.
- CONDUCT
- In performing the Services, the Ambassador agrees to maintain a high standard of ethics, professionalism, and respect on all social media platforms and in all interactions associated with the Company and its Products. All blog posts, social media statuses, tweets and/or comments will be made in good taste and free of profane or inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, national origin, disability, sexual orientation, physical disability or age. Along with this, Ambassador agrres to avoid sites that promote in any way
- Sexually explicit material or violence
- Discrimination based on race, gender, religion, national origin, sexual orientation, physical disability or age
- Illegal activities
- Hate speech or hate of any kind
- The Ambassador is required to respect all intellectual property rights, and any content posted must not infringe on the rights of the Company or any third party. Any breach of these conduct terms, whether in social media posts or otherwise, may lead to immediate termination of this Agreement, in addition to any other legal or equitable remedies available to the Company.
- You agree that You will not utilize spam or send junk or unqualified traffic in promoting King of the Jungle and King of the Jungle® Products. This includes Twitter spam and social media spam. Doing so will result in the immediate termination of your account with a cancellation of any pending commissions. You will also be held in violation of this Agreement and subject to legal action, and You will be held liable for any financial loss incurred by King of the Jungle. Any service interruptions to King of the Jungle's website as a result of spamming will be billed to You at $500 per hour until service is restored. For purposes of this Agreement, spam is defined as emailing anyone regarding King of the Jungle, in bulk or by single mailing, who has not specifically requested the information directly from you. Any type of advertisement about King of the Jungle posted to a newsgroup or chat room not sponsored by the King of the Jungle® Brand Ambassador program is considered spam. An exception to this definition is mailing to appropriate opt-in mailing lists when the source does the mailing on your behalf. However, You must use extreme caution when choosing an opt-in mailing list company. Using anything but the most reputable sources could generate spam complaints against King of the Jungle or the King of the Jungle® Brand Ambassador Program, resulting in your suspension or termination. You may include information about King of the Jungle in email acknowledgement messages for orders and inquiries that You receive, as long as it is stated upfront that You will be sending them an acknowledgement.
- You will not post personal coupon codes on any form of coupon code sites, forums, boards or on any King of the Jungle advertisements, promotions, or any other King of the Jungle Brand Ambassador pages, posts, groups. Violation of this Agreement will disqualify You from receiving your commissions and may result in your suspension or termination from the King of the Jungle Brand Ambassador Program. King of the Jungle reserves the right to disable any code that is found or promoted on any coupon code site, including Reddit or any other social media forum dedicated to coupon codes and discounts.
- You will earn a commission of 20% on any completed orders for products made by customers using the tools provided to You by King of the Jungle to make those orders, such as promo codes, store links, and sampler links. You will be paid via store credit on the fifth day of each month for the previous month's earnings if You earn less than $25.00. If You earn more than $25.00, then You will be paid via PayPal on the fifteenth of each month for the previous month's earnings. Choosing store credit as your payment method will give You a 10% bonus on all store credit payments instead of PayPal. Please note that there will be no commission payments on the one-time 50% off code. If your sole purpose in joining the King of the Jungle® Brand Ambassador Program is to obtain benefits without following the guidelines, your dismissal from the program may occur, and further actions may be taken. King of the Jungle tracks and reconciles every sale, as well as records every individual who receives any of the incentives provided.
- As a King of the Jungle® Brand Ambassador, You will have access to resources (referred to as "Resources") and banners provided by King of the Jungle. Subject to the terms of this Agreement, You may display these Resources on your site with the consent of King of the Jungle. The Resources will help identify your site as a member of the King of the Jungle® Brand Ambassador program and establish a connection from your site to the King of the Jungle site. King of the Jungle will provide You with graphic images or text, subject to change at their discretion, that can be used as Resources to connect your site directly to the King of the Jungle site. By utilizing these Resources, users of your site will be able to order directly from King of the Jungle any products described or referenced on your site. Please note that any photos You send to King of the Jungle may be updated, edited, modified, or have the King of the Jungle logo added to them. It is your responsibility to obtain approval from the photographer before sending the photos to King of the Jungle. In utilizing the Resources, You agree to display on your site only those graphic images (indicating a Resource) that are provided by King of the Jungle or created by You in good taste, as determined by King of the Jungle. All Resources may be modified and expanded throughout the term of this Agreement by mutual agreement between King of the Jungle and you. It is important that each Resource connecting users of your site to the relevant area of the King of the Jungle site does not alter the look, feel, or functionality of the King of the Jungle site.
- You agree not to use "King of the Jungle" in your Instagram username without written approval from King of the Jungle's Chief Executive Officer.
- King of the Jungle is responsible for providing You with all the necessary information to create appropriate links from your site to the King of the Jungle® site. King of the Jungle is solely responsible for processing orders placed by customers through special links from your site, tracking sales volume and numbers generated by your site, and providing You with sales statistics and related information. Additionally, King of the Jungle handles order entry, payment processing, shipping, cancellations, returns, and customer service related to the orders.
- You agree to comply with the FTC guidelines, marketing regulations, and King of the Jungle's Brand Ambassador Social Media Policy. It is your sole responsibility to ensure that reviews, descriptions, and articles on your site comply with applicable FTC disclosure, copyright, and other laws. You must obtain express permission to use copyrighted or other proprietary material from another party. Please note that King of the Jungle is not responsible for any violations on your part as outlined in this Agreement. For more information on your responsibility to ensure proper FTC disclosures and compliance with all FTC guidelines, please visit the FTC website.
- King of the Jungle has the right, in its sole discretion, to monitor your site at any time to determine if You are following the terms of this Agreement.
- King of the Jungle will monitor for FTC compliance to ensure that your disclosures are adequate and that You are complying with FTC guidelines. It is expected that You comply with all FTC guidelines.
- You are entitled to participate in and promote on your site any sweepstakes, contests, and special promotions that King of the Jungle may offer. You may earn commissions derived only from offers and promotional tools explicitly provided by King of the Jungle for use on your site. Unauthorized use of promotional offers taken from another website is strictly prohibited and may result in the termination of this Agreement and your removal as a Brand Ambassador.
- King of the Jungle is not responsible for the cost, shipping, or promotion of your personal giveaways. You are responsible for the purchase, shipping, and advertising of items for your personal giveaways.
- By applying to become a King of the Jungle® Brand Ambassador, You agree to receive text messages from King of the Jungle at the provided number. Message and data rates may apply. The frequency of messages may vary. You can unsubscribe at any time by replying STOP to cancel. For more information, please refer to King of the Jungle's Privacy Policy.
- You will be given a username and password to access a password-protected site where You can receive your sales statistics on a daily basis.
- Customers who purchase King of the Jungle's Products through King of the Jungle® Brand Ambassador Program codes will be considered customers of King of the Jungle. Therefore, all rules, policies, and operating procedures regarding customer orders, customer service, and sales provided by King of the Jungle will apply to those customers. King of the Jungle reserves the right to change its policies and operating procedures at any time. This includes determining the prices charged for its Products sold under the King of the Jungle® Brand Ambassador Program in accordance with its pricing policies. Prices and product availability may vary over time. To avoid any discrepancies, it is recommended to frequently update pricing or avoid including price information in your product descriptions.
- You may not make any personal appearances or create, publish, distribute, or permit any written material that refers to King of the Jungle without first submitting such material to King of the Jungle and obtaining written consent.
- King of the Jungle grants You a non-exclusive, non-transferable, revocable right to access its site through the links provided and to use its logos, trade names, trademarks, and similar identifying materials relating to King of the Jungle (collectively, the "Licensed Materials") solely for the purpose of selling King of the Jungle Products on your site. Any alteration, modification, or change to the Licensed Materials requires written permission.
- You are only authorized to use the Licensed Materials while You are a member in good standing of the King of the Jungle® Brand Ambassador Program. You may not use any Licensed Materials for purposes other than selling King of the Jungle Products on your site without first obtaining written consent from the King of the Jungle® Brand Ambassador Program manager. King of the Jungle reserves all rights in the Licensed Materials and other proprietary rights. The license granted by King of the Jungle may be revoked at any time by providing written notice.
- Promotion or sale of King of the Jungle Products through Google Shopping, Amazon, eBay, or other product listing ads or sites (owned or not owned by you) is prohibited unless express written permission is provided by King of the Jungle.
- King of the Jungle may disclose certain confidential and proprietary information (the "Confidential Information") to you. This includes data, materials, products, production methods, proprietary vendors, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, training materials, and other information disclosed or submitted, orally or in writing, by King of the Jungle to you. All orally disclosed information is considered Confidential Information, unless identified as non-confidential by King of the Jungle at the time of disclosure. King of the Jungle is not required to disclose any Confidential Information to you.
- You agree not to share any Confidential Information provided by King of the Jungle with others in person, by email, through social media, or any other means or medium. Information provided by King of the Jungle should not be photographed, recorded, or reproduced on social media. This includes King of the Jungle ® Brand Ambassador training material, email correspondence, and written correspondence.
- You acknowledge that the Confidential Information is confidential and proprietary to King of the Jungle. You agree to hold it in confidence, use it only for the purposes of King of the Jungle 's business, disclose it only to officers, directors, or other King of the Jungle Brand Ambassadors with a specific need to know, and disclose it only as instructed by King of the Jungle .
- You will not disclose, publish, or reveal any Confidential Information received from King of the Jungle to any other party without specific written authorization. You shall not duplicate Confidential Information in tangible or intangible form, except for the purposes of this Agreement. Upon request from King of the Jungle, You shall return all Confidential Information within 15 days. Any unauthorized disclosure of information, media, or ideas from King of the Jungle or kingofthejungle.com may result in payment of $5,000 as liquidated damages to King of the Jungle within 30 calendar days. You may destroy any documents or media developed containing Confidential Information and provide written certification of such destruction within 10 days. You are prohibited from disclosing any sales, financial figures, costs, or profit to anyone within or outside of King of the Jungle without written consent. Disclosing such information may be considered a material breach of this Agreement and subject You to damages, injunctive relief, and reimbursement of King of the Jungle 's attorneys' fees and costs. The obligations of confidentiality herein are effective immediately upon the date of this Agreement and will continue indefinitely. These obligations are not affected by bankruptcy, receivership, assignment, attachment, seizure procedures, or the rejection of any agreement between King of the Jungle and you. These obligations are applicable under local or federal law.
- You agree not to make disparaging statements, orally or in writing, about King of the Jungle 's officers, directors, agents, representatives, employees, affiliates, partners, brand, or products during the term of this Agreement and thereafter.
- You are considered an independent contractor of King of the Jungle . You acknowledge that You are solely responsible for the manner and form of your performance under this Agreement. You are self-employed, responsible for withholding and payment of all taxes and assessments arising from your services. You are not entitled to participate in any employee benefit plans of King of the Jungle .
- During the term of this Agreement and for a period of one year following its termination, You agree not to directly or indirectly compete with King of the Jungle and its affiliates. This includes owning, managing, operating, consulting with, officially representing, or being employed by a business substantially similar to or competitive with King of the Jungle, its affiliates, or its business activities. Non-Solicitation of Customers During the term of this Agreement and for a period of one year following its termination, You agree not to directly or indirectly solicit or attempt to solicit any customers of King of the Jungle with whom You have had contact, unless it is in the interest of King of the Jungle. This includes not soliciting King of the Jungle's products or services to any of its customers after the termination of this Agreement.
- This Agreement shall be governed and construed in accordance with the laws of the United States and the state of Utah, with Utah laws taking precedence in case of any conflict. You consent to the jurisdiction of the District Courts for Utah County, Utah, and the U.S. District Court for the District of Utah for any dispute arising from this Agreement. In the event of a breach or threatened breach by you, King of the Jungle may seek equitable relief and reimbursement of attorneys' fees and costs in addition to any other legal remedies available.
- You represent and agree that no promise, inducement, or agreement other than those expressed in this Agreement has been made to you. This Agreement supersedes all prior agreements, understandings, and any other agreement between King of the Jungle and you, and constitutes the entire agreement between the parties.
- No oral agreement, statement, promise, undertaking, understanding, arrangement, act, or omission subsequent to the date of this Agreement may be deemed an amendment or modification unless reduced to writing and signed by the parties or their successors or assigns.
- This Agreement is binding upon and will benefit the parties, their successors, subsidiaries, affiliates, and personal representatives.
- By acknowledging this Agreement, You confirm that You have read and fully agree to its terms.
In the event that the actions of You create any liability associated with King of the Jungle and/or its affiliates, You agree to indemnify King of the Jungle and its affiliates in all respects, for liabilities, costs, expenses, and so forth, to the fullest extent of the law, including reasonable attorney’s fees associated therewith.