Ambassador Terms of Service Agreement
By signing up to be an Ambassador in the MOMED INC. Ambassador Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
MOMED INC. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding ambassador commission payments earned during the violation. You agree to use the Ambassador Program at your own risk.”
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of MOMED INC. or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including
by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
If an ambassador plans to participate in promotional events or activities, the ambassador may request samples and three (3) pre-chosen products to take to such events. The ambassador must notify the Affiliate Manager of MOMED INC., in writing, of such event at least eight (8) weeks before the scheduled event. MOMED INC. may, at their discretion, provide the samples and products for the ambassador to take to the event.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the MOMED INC. will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our ambassadors shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our
intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing the choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of MOMED INC. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MOMED INC. and govern your use of the Service, superseding any prior agreements between you and MOMED INC. (including, but not limited to, any prior versions of the Terms of Service).
By filling out the affiliate application, using #momedmoment or #momedfamily, and/or tagging MOMED INC. affiliated social media accounts, I am agreeing to the terms and conditions listed below:
- I am 21 years of age or older.
- I live in the United States
- I am not a bot
- I am responsible for maintaining the security of my account and password.
- MOMED INC. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- I will not not use the Ambassador Program for any illegal or unauthorized
- purpose. I will not, in the use of the Service, violate any laws in my
- jurisdiction (including but not limited to copyright laws).
- I am not an employee, agent, franchisee, or partner of MOMED. I cannot act on behalf of MOMED and my posts are entirely my own ideas. I do not have any authority to incur debt, obligation, or liability on behalf of MOMED .
- I will promote and market MOMED products to potential and current customers, family, friends, and social media followers.
- Receive test and write about products on social networks (Instagram, Facebook, Pinterest, Snapchat, Twitter, Youtube, blogs, posts, pictures, videos, etc.) and complete applicable challenges.
- Receive new products and model them for promotions MOMED creates or to be used as product images.
- Share content using our brand hashtags: #MOMEDfam #MOMEDmoment
- I will be an active member of the Ambassador Program or face potential dismissal.
- I understand that I may not receive monetary compensation or gift cards for use of my images or videos used on MOMED’s social media networks, marketing material or website. I understand that I will only get compensated when someone makes a purchase using my unique and personal code to make a MOMED purchase.
- If orders are submitted without using my Brand Ambassador promotion code, these orders will not be credited to my account. No cash compensation will be provided by MOMED if the Ambassador’s code was not used. Only one promotion code can be applied per order.
- I understand that any orders made using my Ambassador’s code will be applied to my account.
- I will not post negative comments, photos, etc. on social media about MOMED. Failure to refrain from posting detrimental content about MOMED will result in my dismissal.
- I will not share any Brand Ambassador-only promotion codes, discounts, exclusive offers, etc. with anyone who is not a registered MOMED Ambassador. The only codes I will share are the ones that are designated to me for public use by MOMED.
- I will not sell MOMED products on unauthorized websites on the internet (such as eBay, Poshmark, Craigslist, Amazon, etc.) or in retail establishments.
- I will protect MOMED’s trademark by not reproducing MOMED’s name/trademark or any MOMED materials for use in advertising without the written approval of MOMED.
- I will promote MOMED products on social media accounts by posting appropriate photos of marketing events showcasing the products to the best of my ability.
- Foul language, curse words, or any hurtful speech on posts, whether or not the post showcases a MOMED product, will not be tolerated.
- Bullying, hate speech, racism, sexism, homophobia, transphobia, xenophobia, anti-semitism, threats, or any other form of disrespect towards others will not be tolerated.
- MOMED reserves the right to remove an Ambassador at any time for violating the terms of the Ambassador Program or for distasteful behavior.
- If I leave the Brand Ambassador Program, MOMED has permission to use photos I took while in the program on their website, marketing, social media, ads, and any other medium MOMED sees fit.
- I agree that MOMED reserves the right to cancel this agreement at any time.
MOMED understands and agrees:
To credit Ambassadors photographs when posted on social media. If MOMED fails to credit an Ambassador, the Ambassador will notify them immediately and credit will be given.
MOMED will occasionally provide free products for an Ambassador to promote on social networks.
MOMED may provide additional commissions, product awards, etc. to top performing Brand Ambassadors at its discretion.
MOMED will retain the rights to use any photos a Brand Ambassador sends MOMED or tags MOMED in, even if the Brand Ambassador exits the program.
MOMED agrees to not sell the personal information of its Ambassadors.