Brand Ambassador Agreement
Introduction. Flex Factory LLC (“Flex Factory”) specializes in formulating, manufacturing, marketing, and selling high-performance nutritional supplements and branded apparel (collectively, “Products”). Flex Factory invites you to join the Flex Factory Ambassador Program, contingent upon the terms and conditions outlined below.
If Flex Factory accepts your application, this Agreement (the “Agreement”) details the complete terms and conditions that will govern (1) your role as a Flex Factory Brand Ambassador, and (2) the establishment of links from your Brand Ambassador platforms to the Flex Factory website, https://flexfactory.com.
Definitions.
- Customer: A user directed to the Flex Factory website via your Brand Ambassador link.
- You: The Flex Factory Brand Ambassador candidate who will advertise and promote Flex Factory Products using your designated platforms.
Enrollment in the Flex Factory Ambassador Program. To join the Flex Factory Ambassador Program, you must submit a completed application. Flex Factory will review your application and notify you of acceptance or rejection within five (5) business days. Flex Factory reserves the right to reject applications based on its sole discretion if it deems your platform unsuitable for the program. If rejected, you are welcome to reapply at any time.
Term and Termination. If accepted, the Agreement becomes effective immediately and continues until terminated by either party. Both parties have the right to terminate the Agreement without cause. You must provide a thirty (30) days' written notice if you wish to terminate the Agreement. Flex Factory may terminate the Agreement immediately, without advance notice, at its discretion. Upon termination, Flex Factory may (i) suspend or terminate your access to any Flex Factory accounts, and (ii) instruct you to cease all promotional activities, which you must comply with immediately.
Material Disclosures and FTC Compliance. You must adhere to Federal Trade Commission (FTC) guidelines regarding endorsements and testimonials. Download and review the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising: http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf, and the FTC’s Disclosures 101 for Social Media Influencers: https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf.
When promoting Flex Factory or its Products, you must clearly disclose your role as a Flex Factory Brand Ambassador and any material connections you have with the brand. Disclosures must be clear, prominent, and made near any related statements. Always provide honest and truthful opinions based on your actual experiences. Avoid making medical claims or misrepresenting yourself as a typical customer.
Exclusive Promotion. During the term of this Agreement, your promotion of Flex Factory must be exclusive, meaning you will not promote or work for any competing brands in the nutritional, dietary, or sports supplement industries. Comparisons between Flex Factory and competitor products are allowed, but promoting competitors is not.
Conduct. All promotional content must be in good taste, free of inappropriate language, and devoid of discriminatory or hateful content. You agree to maintain high ethical standards and avoid promoting anything that could harm Flex Factory’s reputation.
Spam. You are prohibited from using spam to promote Flex Factory Products. Any spamming activities will result in immediate termination of your account and cancellation of any pending commissions. Spam includes any unsolicited emails, posts in newsgroups, or inappropriate use of social media. Violations may result in legal action and liability for any financial loss incurred by Flex Factory.
Coupon Codes and Sites. You are not allowed to post personal coupon codes on coupon code sites, forums, or any Flex Factory social media pages. Doing so will disqualify you from receiving commissions and may result in termination from the program.
Compensation. You will earn a 20% commission on completed orders made by Customers using your promo codes or referral links. Commissions below $25.00 will be paid as store credit, while commissions above $25.00 will be paid via PayPal. Store credit payments will receive a 10% bonus. No commissions will be paid on the one-time 50% off code.
Promotion of the Flex Factory Ambassador Relationship. Flex Factory will provide you with banners and other resources to use on your platforms to link to the Flex Factory website. You must use only approved resources and may not alter them without permission. Flex Factory reserves the right to update or modify these resources as needed.
Market Confusion. You may not use "Flex Factory" in your Instagram username or other social media handles without written approval from Flex Factory’s management.
Flex Factory Responsibilities. Flex Factory will provide the necessary information for you to create links to its site and will handle all aspects of customer orders, including payment processing, shipping, and customer service.
Your Legal Responsibilities. You must comply with FTC guidelines, Flex Factory’s Social Media Policy, and all applicable laws. You are responsible for ensuring that all content on your platforms is legally compliant and does not infringe on others' rights.
Compliance with This Agreement. Flex Factory reserves the right to monitor your platforms to ensure compliance with this Agreement. You are expected to adhere to all guidelines and policies set forth by Flex Factory.
Contests and Promotions. You may participate in and promote any contests or special promotions offered by Flex Factory. Unauthorized use of promotions from other sources is prohibited and may result in termination.
Giveaways. You are responsible for all costs, shipping, and promotion of any personal giveaways you choose to host.
SMS Consent. By joining the Flex Factory Ambassador Program, you consent to receive text messages from Flex Factory at the number provided. You can unsubscribe at any time by replying STOP.
Report of Sales. You will have access to a password-protected site where you can view your sales statistics.
Policies and Pricing. Customers directed to Flex Factory through your links are considered Flex Factory customers, and all company policies apply. Flex Factory reserves the right to change prices and policies as needed, and you are responsible for keeping your promotions up to date.
Publicity. You must obtain written consent from Flex Factory before making any public statements or creating promotional materials that refer to the company.
Licenses and Use of Flex Factory Logos and Trademarks. Flex Factory grants you a non-exclusive, non-transferable, revocable right to use its logos and trademarks solely for promoting its Products. Any use of licensed materials must be approved by Flex Factory, and the company reserves the right to revoke this license at any time.
Promotion of Products on Prohibited Sites. Promoting Flex Factory Products on sites like Google Shopping, Amazon, or eBay is prohibited unless you have express written permission from Flex Factory.
Confidentiality and Non-Disclosure. You may be given access to confidential information and agree not to disclose it to any third parties. All confidential information remains the property of Flex Factory, and you must return or destroy it upon request. Violations of confidentiality may result in significant financial penalties.
Non-Disparagement. You agree not to make any disparaging statements about Flex Factory or its representatives during or after the term of this Agreement.
Independent Contractor. You acknowledge that you are an independent contractor and are responsible for your own taxes and benefits. You are not entitled to participate in any employee benefit plans of Flex Factory.
Non-Compete. You agree not to compete with Flex Factory or its affiliates during the term of this Agreement and for one (1) year following its termination.
Non-Solicitation of Customers. You agree not to solicit Flex Factory customers for any other business purpose during the term of this Agreement and for two (2) years after its termination.
Governing Law and Jurisdiction. This Agreement is governed by the laws of the United States and the state of Utah. Any disputes will be resolved in the District Courts for Utah County or the U.S. District Court for the District of Utah.
Entire Agreement. This Agreement contains the entire understanding between Flex Factory and you, superseding all prior agreements. No modifications will be valid unless in writing and signed by both parties.
Acknowledgment. By participating in the Flex Factory Ambassador Program, you acknowledge that you have read and agree to all terms of this Agreement.