BRAND AMBASSADOR AGREEMENT
This Agreement contains the legally binding terms that govern your participation in the Phaedra Botanicals OÜ Brand Ambassador Program (hereafter referred to as ‘the Program’).
The Program is owned and operated by Phaedra Botanicals OÜ (hereafter referred to as ‘the Company’).
You certify to Phaedra Botanicals OÜ that you are an individual (not an organization or a company) at least 18 years of age.
You assume full responsibility for the selection and use of the Program. You acknowledge and agree that participating in the Program does not create an employment, partnership, or joint venture relationship between you and Phaedra Botanicals OÜ.
The Brand Ambassador is an independent contractor and not an employee.
As a Brand Ambassador, you are expected to act honestly, comply with Federal Trade Commission (“FTC”) guidelines and European Commission Guidelines, and adhere to all applicable laws.
By participating in the Program, you agree that you are not subject to trade or economic sanctions and will not promote Phaedra Botanicals OÜ to customers in sanctioned countries or territories, including lists maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union Commission, or Her Majesty’s Treasury of the United Kingdom.
You agree that you will not promote Phaedra Botanicals OÜ in and/or to the customers from countries or territories that are the target of comprehensive embargoes or sanctions or parties on the sanctions-related lists referenced above.
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 Phaedra Botanicals OÜ and any Brand Ambassador.
APPLICATION AND TESTING ROUND
To enjoy the benefits of the Program, you must fill out the application form available at our Brand Ambassador landing page and submit the form to be considered for our 2-month long testing round that will determine your suitability for becoming our Brand Ambassador.
After you have submitted the form, Phaedra Botanicals OÜ will review your application and decide whether you will be accepted to the testing round.
If selected, you will receive free products to create Content for us or promote us via the social media account filled in by you in the Brand Ambassador application form submitted by you on phaedrabotanicals.eu.
You are required to use for the promotion the account mentioned in the submitted Brand Ambassador application form.
After the designated period of 2 months, Phaedra Botanicals OÜ will review the Content and promotion created by you and might select you to become our Brand Ambassador that will bring you the benefits outlined below.
If selected, you must register on phaedrabotanicals.eu (hereafter ‘Site’), and include your personal information.
Important note: Phaedra Botanicals OÜ does not cover the shipping cost of the free products sent to you. The shipping cost is to be covered by you.
Eligibility: To participate in Phaedra Botanicals OÜ’s Ambassador Program, the Brand Ambassador must be over the age of 18.
Content Creation: The Brand Ambassador is expected to create and/or promote content relevant to Phaedra Botanicals OÜ’s brand and products. This includes but is not limited to product reviews, tutorials, lifestyle photos, and any other type of content that aligns with the brand’s image and messaging (hereafter, ‘Content’).
Marketing Feedback: The Brand Ambassador should provide feedback to Phaedra Botanicals OÜ on the effectiveness of marketing campaigns and product promotion efforts. This can include filling out a survey, submitting a report, or any other method specified by Phaedra Botanicals OÜ. The Brand Ambassador is expected to provide constructive feedback that can help improve the Company’s marketing strategies.
Education and Training: Phaedra Botanicals OÜ may provide ongoing education and training to Brand Ambassadors to keep them updated on new product developments or changes to marketing strategies. This training can help Brand Ambassadors improve their ability to promote the brand and its products.
Compliance: The Brand Ambassador must comply with all applicable laws, including those related to marketing and advertising. They must also comply with Phaedra Botanicals OÜ’s Terms and Conditions according to the latest version published on phaedrabotanicals.eu. This includes disclosing their relationship with Phaedra Botanicals OÜ to their audience following applicable FTC and European Commission Guidelines.
Representation: The Brand Ambassador is expected to positively represent Phaedra Botanicals OÜ and refrain from engaging in any activity that could damage the reputation or goodwill of Phaedra Botanicals OÜ.
Non-Compliance: If the Brand Ambassador fails to comply with any of these requirements, Phaedra Botanicals OÜ reserves the right to terminate their participation in the Program and pursue any legal remedies available to it.
Program Termination: Phaedra Botanicals OÜ also reserves the right to terminate the Ambassador Program if the brand’s expectations and the scope of the Program are not met. In this case, Phaedra Botanicals OÜ will provide notice to the Brand Ambassador in writing or digitally.
By including these specific guidelines and expectations, the Ambassador Agreement can ensure that both parties understand their roles and responsibilities. This can help prevent misunderstandings and potential legal issues down the line.
Selected Brand Ambassadors may receive the following benefits from Phaedra Botanicals OÜ:
● Exclusive access to new and upcoming products before their public release.
● The opportunity to collaborate with Phaedra Botanicals OÜ on product development (subject to NDA agreement) and provide feedback on existing products.
● Invitations to special events, such as product launches or industry conferences.
● Offer of selected products for events organized by the Brand Ambassador or events in which they participate (e.g., fashion shows, photoshoots) to promote or create content for Phaedra Botanicals OÜ.
● A personalized discount code linked to their account, applicable to selected products.
● Recognition and rewards for outstanding performance, such as increased commissions or unique gifts.
● Occasional personalized discount codes to share with friends, family, and followers for a percentage off Phaedra Botanicals OÜ products.
● Commission on sales made through their personalized discount code or referral link, paid as store credit linked to their Brand Ambassador account on phaedrabotanicals.eu.
● The chance to be featured on Phaedra Botanicals OÜ’s social media accounts or website, as well as via our partner’s media.
● Education and training on the benefits and uses of Phaedra Botanicals OÜ products.
Phaedra Botanicals OÜ reserves the right to decide on and inform the selected Brand Ambassadors about what, how often, and how many benefits they will receive while participating in the Program.
The benefits are provided to Brand Ambassadors in exchange for promoting Phaedra Botanicals OÜ products on their social media accounts and creating content for Phaedra Botanicals OÜ account, website, or other media (analog or digital).
Phaedra Botanicals OÜ reserves the right to unilaterally change and increase or limit the benefits that Brand Ambassadors receive, taking into account commercially reasonable attempts.
BRAND AMBASSADOR’S DUTIES
Promotional Content Requirements:
● Upon receiving Phaedra Botanicals OÜ products as part of the Program, the Brand Ambassador must create and post at least two promotional Instagram posts and 2 Instagram stories for all benefits and/or products received from Phaedra Botanicals OÜ.
● The quality of the content will be assessed based on originality, creativity, visual appeal, and engagement.
● Brand Ambassadors who create high-quality content may be eligible for rewards such as increased commissions, exclusive access to new products, or personalized discounts.
● Brand Ambassadors must submit a monthly report outlining engagement rates, reach, and follower growth metrics using the provided report template and email it to email@example.com before the last business day of the month.
● Images or videos should be clear and well-lit and highlight the products’ features and benefits.
● Busy backgrounds should be avoided, and images should be taken in daytime or studio lighting conditions to avoid harsh shadows.
● If the Brand Ambassador uses any Phaedra Botanicals OÜ trademarks, they must comply with Phaedra Botanicals OÜ Terms and Conditions and include a statement attributing the trademark to Phaedra Botanicals OÜ. The Phaedra Botanicals OÜ logo cannot be altered or changed.
● After posting the initial promotional Instagram posts and Instagram stories, Phaedra Botanicals OÜ will mutually agree with the Brand Ambassador on the content they must prepare for further participation in the Program. Brand Ambassadors must follow all instructions or requests from Phaedra Botanicals OÜ before any new product is sent to the Brand Ambassador.
● The Brand Ambassador is solely responsible for the activity that occurs on their account, and they must keep their account password secure.
● The Brand Ambassador must notify Phaedra Botanicals OÜ immediately of any security breach or unauthorized use of their account.
● Upon notice from Phaedra Botanicals OÜ, the Brand Ambassador must remove all references to Phaedra Botanicals OÜ, including but not limited to its name, logo, trademark, service mark, or any other identifying material.
● Phaedra Botanicals OÜ reserves the right to change, limit, decrease, or increase the benefits that Brand Ambassadors receive while participating in the Program, as well as to cancel the Program at any time without stating a reason.
● The Brand Ambassador acknowledges that benefits are offered in exchange for product promotion and content creation for the Phaedra Botanicals OÜ account, website, or other media (analog or digital).
CONTENT AND RESTRICTIONS
Content that you post, submit, upload, display, send, or use using our Program and services is your responsibility. By participating in the Program, 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 or using it.
We expect the Content created by the Brand Ambassador to be a truthful and creative representation of Phaedra Botanicals OÜ products that, depending on the purpose of the Content, educates followers and/or increases their curiosity about Phaedra Botanicals OÜ.
We respect the Brand Ambassador’s creative freedom to create Content that inspires their audience.
By participating in the Program and creating the Content, you agree that Phaedra Botanicals OÜ 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, the publication(s), and various marketing materials, with the right to use, copy, modify, edit, and create derivative works therefrom. You also agree to execute documents confirming such rights and licenses at Phaedra Botanicals OÜ request.
To ensure that the Content aligns with our brand’s values and messaging, we ask that you follow our visual guidelines when creating your Content. While we encourage creativity, the following practices are strictly prohibited:
● Use of any illegal method of advertising to promote Phaedra Botanicals OÜ products.
● Display the Content in any way that disparages or creates a derogatory or harmful image of Phaedra Botanicals OÜ.
● Make any false or misleading representations relating to Phaedra Botanicals OÜ, or engage in any other practices that could harm the reputation of Phaedra Botanicals OÜ.
● Display any Content 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.
You are solely responsible for following all federal, state, and local laws, regulations, and rules regarding advertising claims, including but not limited to the FTC’s Disclosure Guidelines.
TERM AND TERMINATIONS
This Agreement becomes effective upon Phaedra Botanicals OÜ’s acceptance of your application.
Either party can terminate this Agreement at any time, with or without cause.
Upon termination by Phaedra Botanicals OÜ, all rights or licenses granted under this Agreement to the Brand Ambassador immediately terminate.
The Brand Ambassador must remove all links to the Site and all Phaedra Botanicals OÜ trademarks, logos, and other materials provided in connection with the Program.
Phaedra Botanicals OÜ may delete unconfirmed or inactive accounts.
If the Brand Ambassador violates any applicable law or this Agreement, it will be terminated immediately, and any benefits assigned and received may be recalled or forfeited, and the Brand Ambassador’s account will be immediately terminated.
● This Agreement does not create any agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, or any other similar relationship.
● If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
● Any dispute or claim arising out of or related to this Agreement is governed by the procedures set forth in the Phaedra Botanicals OÜ Terms and Conditions published on phaedrabotanicals.eu.
● Phaedra Botanicals OÜ reserves the right to change, modify, suspend, assign, or discontinue this Agreement and Program at any time without liability.
● The Brand Ambassador is responsible for reviewing and becoming familiar with any modifications, and their use of the Program following any such changes constitutes their acceptance of the modified terms.
● Headings are for reference purposes only and do not limit the scope or extent of any section.
● Phaedra Botanicals OÜ’s failure to act with respect to a breach by the Brand Ambassador or others does not waive its right to act with respect to subsequent or similar breaches.
● Phaedra Botanicals OÜ does not guarantee that it 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.
● Phaedra Botanicals OÜ makes no express or implied warranties or representations with respect to the Program or this Agreement, or any products or services sold by Phaedra Botanicals OÜ. In addition, Phaedra Botanicals OÜ makes no representation that the operation of the Site will be uninterrupted or error-free, and it will not be liable for the consequences of any interruptions or errors.
● The Brand Ambassador agrees to defend, indemnify, and hold Phaedra Botanicals OÜ harmless from any violations of laws and regulations, including but not limited to intellectual property rights and customers’ privacy rights.
● This Agreement is governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.