Ambassadorship Agreement
Summary
This agreement is made between The Colorful Geek, LLC, a company incorporated in USA, State of New York with its principal place of business at 4209 47th Ave, Sunnyside, Queens (‘The Colorful Geek’ hereafter) and Ambassador of Record (‘Ambassador’ hereafter).
Scope of Duties
Ambassador will perform the following duties:
- 1 post per month minimum displaying The Colorful Geek product with brand name mentioned. (A post can be either a permanent post on the page or a story on Instagram, or a YouTube or Facebook mention.)
- Verbal and visible calls-to-action to visit the page, swipe-up on Instagram, or click a link from YouTube or other social media
- Use unique URL or promo codes (provided by The Colorful Geek)
- Pinned comment with call-to-action on YouTube channel (if Ambassador also has a YouTube channel on which they post)
- Acknowledge the sponsorship from The Colorful Geek to meet FTC guidelines
- Talk about the way it feels, how comfortable, the fit, and the item’s nerdy appeal. Share genuine opinions of the product without being overly salesy.
- Only use approved logo assets (provided by The Colorful Geek upon request)
- The Colorful Geek may provide feedback or require changes to any posts
Commissions, Payments, and Rewards
Current perks of being an ambassador of The Colorful Geek include:
- Discount total
- A personalized code to give followers 15% off orders of $20 or more
- A monthly $35 coupon ambassadors can use to purchase new merch each month (coupon does not cover shipping and does not roll over; coupons expire at 11:59 p.m. EST on the last night of each month)
- Product sneak peeks
- The Colorful Geek will repost as many feed + stories as possible!
Sales are totaled according to the end of each calendar month and payments are made on a net 30-day basis, meaning before the end of the following calendar month.
If ambassador does not achieve one sale in a month, we’ll extend the opportunity for Ambassador to make up for it the following month to total. If one sale isn’t generated by the end of the 60th day, The Colorful Geek retains the right to terminate the ambassadorship at their discretion.
Quality Assurance
The quality of work performed by Ambassador is guaranteed to meet the standards of Ambassador’s normal programming. Ambassadors are selected according to the quality of their current programming standards.
Agreement Ownership
Ambassador shall not assign, transfer, subcontract, or mortgage any part of this Agreement without the written consent of The Colorful Geek.
Right of Use
The Colorful Geek retains the right to repost Ambassador’s paid content on The Colorful Geek’s social media or website. Notwithstanding the foregoing, Ambassador shall retain all ownership in and to the social media content as referenced herein. The Colorful Geek will remove shared content at the request of Ambassador at any time.
Ambassador is not authorized to use any copyrighted content from any other companies to promote The Colorful Geek brand. The Colorful Geek will not be responsible for any disputes involving the unauthorized use of any other company's intellectual property.
Term
The term of this agreement is month-to-month withstanding successful execution of the terms of this agreement. Ambassador is bound by the terms of this agreement until a notice of removal from the program is delivered via email to Ambassador.
Right of Termination
The Colorful Geek reserves the right to terminate this Agreement, effective immediately, upon written notice to Ambassador at any time and for any reason. It’s not in The Colorful Geek’s interest to terminate agreements where Ambassador is delivering on all covenants of this agreement.
Likewise, Ambassador is able to terminate this agreement at any time and for any reason with a written notice (email is OK). If The Colorful Geek or Ambassador terminates an agreement, any commissions due at the time will be disbursed on the next regular payment schedule.
Good Faith
1) Ambassador shall provide commercially reasonable (is any of this necessary) efforts to fulfill mutual standards and goals.
2) Ambassador shall not make negative comments about The Colorful Geek’s service or product without consulting first with The Colorful Geek. Perhaps the nature of a service or product in question may be intentional and seeking understanding first is always encouraged. If a reasonable explanation is not presented, Ambassador’s honest opinion is respected and appreciated.
Nature of Relationship
Ambassador is an independent contractor and this agreement shall not be construed as creating an employer/employee relationship.
Non-Disparagement
Ambassador agrees not to make any disparaging statements about The Colorful Geek, or its business, products or services, to the press or to any individual or entity with whom The Colorful Geek has a working or business relationship, including but not limited to, its customers, clients, and contractors.
Governance
This Agreement shall be construed in accordance with the laws of the State of New York. In the event that arbitration is unsuccessful, you agree to submit to venue and personal jurisdiction in any state or federal court sitting in the County of Kings, State of New York in any action or proceeding arising out of or related, directly or indirectly, to this agreement.
Amendments
Should the need to make any amendments to this Agreement arise, any and all amendments will be made under mutual written consent.
Guidelines
Please refer to the Ambassador Program Guidelines for ongoing updates and general guidelines from The Colorful Geek.
Form submission indicates that you accept these terms