Brand Ambassador Terms and Conditions
NoGi BJJ Brand Ambassador Program Terms and Conditions
Please read and review this entire agreement. This is a legally binding agreement between you (brand ambassador) and NoGi BJJ (nogibjj.ca). By filling out the NoGi BJJ Brand Ambassador Program application form, you acknowledge that you have read and agree with the following terms and conditions and that you agree to be legally responsible for each term and condition.
1. SUBMITTING YOUR APPLICATION
Once you submit your application you are bound by the terms of this agreement. When filling out the application you must provide accurate and complete information. Participation in the NoGi BJJ Brand Ambassador Program is to legally advertise our gears. We will evaluate each application and you will be notified of your acceptance or rejection.
2. AFFILIATE OBLIGATIONS
2.1. Once your application is approved, we may re-evaluate your application at any time. The terms and conditions of this agreement will begin when your application has been submitted and will end when your affiliate account has been terminated. Affiliation can be immediately revoked if we deem your profile to be unsuitable for any of the following reasons; including but not limited to:
2.2 False advertisements concerning NoGi BJJ
2.3 Spamming using your affiliate link
2.4. Usage of materials that infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.5. Harassment or intimidation of others on your profile
2.6. Content deemed to be graphic or explicit by NoGi BJJ
2.7. Promotion of illegal activities
2.8. Usage of technology to potentially divert commission from other affiliates in our program
2.9. NoGi BJJ reserves the right to review your placement and approve the usage of your affiliate links. You may use graphics and texts provided to you by us or create your own as long as it is appropriate (see condition 2.1)
2.10. You agree that you are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and NoGi BJJ. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your profile or any other of your profile or otherwise, that reasonably would contradict anything in this section.
3. PROMOTION RESTRICTIONS
While you are free to market NoGi BJJ on your own profile, the promotion of the NoGi BJJ gear could be perceived to the public as a joint effort. Please be aware certain forms of advertising are prohibited by NoGi BJJ.
3.1. Using “NoGi BJJ”
“NoGi BJJ” cannot be used as a part of an affiliate’s website domain name, blog, Facebook account, YouTube channel, Twitter username or any URL associated with the affiliate account.
3.2. Copyright and Trademark Infringement
NoGi BJJ reserves the rights to seek legal action against retail partners and affiliates that infringe our copyrights, registered trademarks, and patented and patent pending products. Affiliates acknowledge that they will not promote, manufacture, distribute or sell products that replicate the exclusive designs and functions owned by NoGi BJJ.
3.3. Coupon Code Marketing Guidelines
Coupon marketing is allowed, but affiliates must adhere to the following terms:
3.4. Affiliates are permitted to use active coupon codes provided exclusively through the NoGi BJJ Brand Ambassador Program. Brand ambassador are not permitted to promote unauthorized coupon codes. That are exclusive to other affiliates, codes provided in customer-oriented newsletters or other promotional codes from NoGi BJJ non-affiliate program marketing efforts. Use or attempted use of any coupon code received from any source other than directly from the NoGi BJJ Brand Ambassador Program will result in removal from the program.
3.5. Promotion language must be simple, easy to understand, and should include the following: The offer, the coupon code and approved text link only. Publishers of the coupon code must not use “bait and switch” language, misrepresentations, or false advertising when promoting offers (i.e: “Click here for more possible deals”).
4. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
4.1. This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
4.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this agreement and to perform your obligations under this agreement, without the approval or consent of any other party. You have sufficient right, title, and interest in and to the rights granted to us in this agreement.
5. LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL NOGI BJJ CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY UNDERTHIS AGREEMENT.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such event, you will be notified by email.
8. REVOCATION OF AFFILIATION
Affiliation can be ended at any time, with or without cause, by giving the other party written notice. Written notice can be made in of mail or email. In addition, this agreement will terminate immediately upon any breach of this agreement by you. If NoGi BJJ Brand Ambassador Program is revoked, you cannot rejoin the program in the future.