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Terms and Conditions
Brand Ambassador Terms of Service
The following terms and conditions (the "Agreement") set out the legally binding terms of your participation in the Secret Sneaker Store Ambassador program (the "Program"). The Program is owned and operated, and Secret Sneaker Store Ambassadors are selected by The Aeonic Group Pty Ltd. ("SSS").
By completing the application process and participating in the Program, you (“you” or the “Brand Ambassador”) agree to the terms and conditions contained herein, our Terms of Service and all other operating rules, policies and procedures that may be published occasionally on the moodclothing.com.au website (the "Site") by Mood Clothing. If you do not agree to or understand this Agreement, do not apply to or participate in the Program.
1. Brand Ambassador Agreement
You certify to SSS that if you are an individual (i.e., not a company) you are at least 18 years of age. If you are a legal entity, you certify that you are an officer of the company or you are otherwise authorized to act on behalf of the company. You also certify that you are legally permitted to use the Program and that you take full responsibility for the selection and use of the Program. This Agreement is void where prohibited by law, and the right to access the Program is revoked in such jurisdictions. You understand and agree that the arrangement is not deemed to create an employment, partnership, or joint venture between SSS and any Brand Ambassador. As a Brand Ambassador you are expected to act with honesty, comply with all applicable Australian laws and guidelines.
There are 3 basic requirements for participating in SSS’ Brand Ambassador Program.
1. A Brand Ambassador must be over the age of 18 to participate.
2. Brand Ambassadors must have at least 10,000 followers on their active public Instagram account with the majority of the audience being 18 to 35 years old. SSS reserves the right, at its discretion, to make exceptions from the aforementioned criteria for followers.
3. In addition to the terms and conditions of this Agreement, Brand Ambassadors must also act in compliance with all SSS guidelines (e.g. Content Guidelines) and Terms of Service
3. Application process & account
In order to enjoy the benefits of the Program, you must fill out the application form available at our Brand Ambassador landing page, submit the form and be selected by SSS to become a Brand Ambassador. After you have submitted the form, SSS will review your application and decide whether you will be accepted as SSS’ Brand Ambassador. If you have been approved to the Program, you become a Brand Ambassador. The Brand Ambassador must register on the Site (including by filling out all required personal information - your full name, email, and Instagram name). The Brand Ambassador may opt out of marketing and promotional emails unless agreed upon otherwise.
The Program offers multiple benefits to Brand Ambassadors in exchange for the content, hereinafter “Content”, (information, images, pictures, data, text, photographs, graphics, messages, or other materials). Brand Ambassadors create the Content with a product or products SSS has sent to the Brand Ambassador as a part of the Program. The Brand Ambassador may purchase additional products at their own cost at a discounted price.
SSS reserves the right to decide on and inform what, how often, and how many benefits the Brand Ambassador will receive while participating in the Program. Benefits are offered to Brand Ambassadors during the Program in exchange for a product promotion on the social media accounts of the Brand Ambassadors. SSS reserves the right to unilaterally change, as well as increase or limit the benefits Brand Ambassadors receive, and SSS taking into account commercially reasonable attempts will inform the Brand Ambassadors about the benefits they will receive.
Upon notice from SSS, you must immediately remove all references to SSS, including its name, logo, trademark, service mark, or any other identifying material.
The Brand Ambassador is solely responsible for the activity that occurs on the Brand Ambassador's account, and the Brand Ambassador must keep its account password secure. The Brand Ambassador must notify SSS immediately of any breach of security or unauthorized use of its account. Although SSS will not be liable for the Brand Ambassador's losses caused by any unauthorized use of its account, the Brand Ambassador may be liable for the losses of SSS or others due to such unauthorized use described above.
6. Content and restrictions
Content that you post, submit, upload, display, sell or use using our Program and services is your Content for which you are solely responsible. You confirm that you have all necessary rights to the Content and that you’re not infringing or violating any third party’s rights by posting it or using it.
SSS expects the Content created by the Brand Ambassador to be a truthful and creative representation of SSS products that, depending on the purpose of the Content, educates followers and/or increases their curiosity about SSS. SSS is respectful of the Brand Ambassador's creative freedom to create Content in a way that inspires the Brand Ambassador's audience.
By participating in the Program and creating the Content, the Brand Ambassador agrees that SSS can use the Content on the Site, social media accounts, blog or in its marketing activities, and grants a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display the Content in any media including posting in an online gallery, publication(s), and various marketing materials, with right to use, copy, modify, edit, and create derivative works therefrom. The Brand Ambassador also agrees to execute documents confirming such right and license at SSS’ reasonable request.
Except to the extent permitted by applicable law, the Brand Ambassador shall not (i) use any illegal method of advertising to promote the SSS products, and the Brand Ambassador shall be solely liable for any such unauthorized communications; (ii) display the Content in any way that in SSS’ discretion disparages or creates a derogatory or negative image of Mood Clothing; (iii) make any false or misleading representations relating to SSS, or engage in any other practices that could harm the reputation of SSS; or (iv) display any Content in a manner that contains or promotes (a) illegal activities or (b) Content that is misleading, violent, deceptive, or violates any third-party intellectual property, privacy or other rights of any kind. The Brand Ambassador is solely responsible for following all federal, state and local laws, regulations and rules regarding advertising claims.
7. Term & Termination
This Agreement is effective at the time your application is, at the sole discretion of SSS, accepted by SSS and you are notified of such acceptance either in writing or electronically. Either party may terminate this Agreement at any time with or without cause. Upon the termination of this Agreement for any reason, all rights or licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove all links to the Site, and all SSS trademarks and logos, other marks and all other materials provided in connection with the Program.
SSS reserves the right to delete unconfirmed accounts or accounts that have been inactive for extended periods of time. By violating any applicable law or this Agreement, the Agreement will be terminated immediately and the Brand Ambassador understands and agrees that any and all benefits assigned and received can be immediately recalled or forfeit and that the Brand Ambassador's account will be immediately terminated.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
If a dispute arises between you and SSS, we strongly encourage you to first contact us directly to seek a resolution. The Agreement is governed and any dispute or claim arising out of or in connection with it is settled in accordance with the procedure set forth in SSS Terms of Service.
In our sole discretion, we reserve the right to change, modify, suspend, assign or discontinue this Agreement and Program at any time, including the availability of any feature or content. SSS may also impose limits on certain features or restrict Brand Ambassador's access to parts or all of the Program without notice or liability. The Brand Ambassador shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Program by the Brand Ambassador following such modifications constitutes the Brand Ambassador's acceptance of the terms and conditions of changes as modified.
Headings are for reference purposes only and do not limit the scope or extent of the respective section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement. The Brand Ambassador waives any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
We make no express or implied warranties or representations with respect to the Program or this Agreement or any products or services sold by SSS. In addition, we make no representation that the operation of the Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
You understand that the Site and policies are created and operated to abide by all such rules and regulations and you agree to defend, indemnify and hold SSS harmless from any of your violations of laws and regulation, including but not limited to, intellectual property rights, customers' privacy rights, etc.
This Agreement shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.
We may collect website visitors' contact information (like
their e-mail addresses). Unless you object, this information may be used:
- to send news,
information about our activities and general promotional material which we
believe may be useful to you;
- to monitor who is accessing the website or using services
offered on the website; and
- to profile the type of people accessing the website.
If you do not wish to have your personal information used in
this manner or for any other specific purpose, you can e-mail us accordingly.
We utilise "cookies" which enable us to monitor
traffic patterns and to serve you more efficiently if you revisit the site. A
cookie does not identify you personally but it does identify your computer. You
can set your browser to notify you when you receive a cookie and this will
provide you with an opportunity to either accept or reject it in each instance.
We will not sell or otherwise provide your personal
information to a third party, or make any other use of your personal
information, for any purpose which is not incidental to your use of this
website. For the removal of doubt, personal information will not be used for
any purpose which a reasonable person in your position would not expect.
If you request us not to use personal information in a
particular manner or at all, we will adopt all reasonable measures to observe
your request but we may still use or disclose that information if:
we subsequently notify you of the intended use or disclosure
and you do not object to that use or disclosure;
we believe that the use or disclosure is reasonably
necessary to assist a law enforcement agency or an agency responsible for
government or public security in the performance of their functions; or
we are required by law to disclose the information.
We will preserve the content of any e-mail you send us if we
believe we have the legal requirement to do so.
Your e-mail message content may be monitored by us for
trouble-shooting or maintenance purposes or if any form of e-mail abuse is
Personal information which we collect may be aggregated for
analysis but in such circumstances we would ensure that individuals would
All personal information which we collect (including your
contact details and, if relevant, credit card details) is kept confidential to
the best of our ability. You will appreciate, however, that we cannot guarantee
the security of transmission.
We consider it is the responsibility of parents to monitor
their children's use of our website.
Nevertheless it is our policy not to require personal
information from persons known to be under the age of 18 years or offer to send
any promotional material to persons in that category.
You are entitled to have access to any personal information
relating to you which you have previously supplied to us over this website. You
are entitled to edit or delete such information unless we are required by law
to retain it.
you wish to make an inquiry regarding any personal information relating to you
which may be in our possession, contact us on firstname.lastname@example.org