Grow Bloom Project, a registered trademark of Mannifest, LLC, actively supports the advertising and promotion of its products by selected and respected members of the art and apparel community. This agreement outlines the terms and conditions of your relationship with Mannifest, LLC as a United States based Brand Ambassador.
By applying to become a Brand Ambassador for Mannifest, LLC, you agree to the following terms:
1. Endorsed Products:
Endorsed products are products sold under any of the Grow Bloom Project brand, including all of the Grow Bloom Project brand names.
2. Ambassador Requirements:
Your requirements as a Brand Ambassador are outlined in the Ambassador Requirements section that was presented to you in your online application and is hereby incorporated into this agreement by reference.
Ambassadors who do not follow the requirements can be subject to termination, suspension or their commissions being held until all requirements are followed.
3. Contract Territory:
You will be a United States based Brand Ambassador, the territory for a U.S. Brand Ambassador shall be within the United States exclusively and all U.S. territories.
4. Exclusivity:
You agree that you will not endorse any other art work and artwork apparel including but not limited to t-shirts, mugs, sweatshirts and/ or home good products.
5. Use of Endorsed Products:
You acknowledge and agree that you are over the age of 18 and all products provided as part of this relationship may not be re-sold.
6. Promotion of Endorsed Products:
You agree to use your best efforts to promote the Endorsed Products in a manner consistent with its authorized use and as outlined within this agreement. Approved social media sites include Facebook, Twitter, Pinterest, Snapchat, Instagram, Vine, Tumblr and YouTube. You may also promote all Grow Bloom Projects products via your personal websites and blogs. You are required to notify Grow Gloom Project of the social media outlet you use and add Grow Bloom Project as a friend/follower. You agree to use the following hashtags to promote and endorse all Grow Bloom Project Products: #mannifest and #growbloomproject. You will be notified of any additional approved social media sites as they become available.
7. Prohibited Content:
Ambassador agrees that they will not post content on any social media platform, as determined by Grow Bloom Project in its sole discretion, that:
is pornographic, sexually explicit or suggestive, or contains profanity or nudity;
is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
promotes any activities that may appear unsafe or dangerous;
is obscene or offensive, or endorses any form of hate or hate group;
defames, misrepresents or contains disparaging remarks about other people or entities;
communicates messages or images inconsistent with the positive images and/or good will with which Grow Bloom Project wishes to associate;
violates any law.
8. Indemnification:
You agree to hold Grow Bloom Project, its officers, agents, assignees and employees harmless for any liability from any injury or damage arising from the use or promotion of any Endorsed Product.
9. Relationship:
You are an independent contractor; this agreement shall not be construed as creating an employer/employee relationship.
10. Confidentiality/Use:
Occasionally we may share information with you that is confidential in nature, such information will be identified as confidential and you are expected to maintain this information in the strictest confidence. Any disclosure of confidential information will terminate this agreement and result in legal action.
11. Intellectual Property:
Ambassador acknowledges and hereby agrees to grant Grow Bloom Project, the unlimited and unencumbered use of any and all work product developed by Ambassador in conjunction with the performance of services for Grow Bloom Project. Work product includes but is not limited to all social media posts, pictures, images, videos, recordings, taglines, hashtags, posts, commentary, and designs.
a. Except where prohibited by law or regulation, Ambassador grants Grow Bloom Project and its successors, assigns, licensees and designees permission to use Ambassador's name, Social Media Platform account name, photograph (including, but not limited to, Social Media Platform account profile photo), voice and/or other likeness, in all media now known or hereafter discovered (including, without limitation, on Grow Bloom Project websites and via Grow Bloom Project Social Media Platform accounts), worldwide in perpetuity, for any purpose without additional compensation, consideration, notification or consent.
b. Ambassador is not authorized to use any copyrighted content from any other companies to promote the Grow Bloom Project brand. Grow Bloom Project will not be responsible for any disputes involving the unauthorized use of any other company's intellectual property.
12. Term and Termination:
The effective date of this agreement is September 1, 2019. The term of this agreement is four (4) months from the effective date and expires on December 31, 2019 at 11:59 pm ET. Notwithstanding the foregoing, either party may terminate this agreement at any time, with or without cause.
13. Governing Law:
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 Broome, State of New York in any action or proceeding arising out of or related, directly or indirectly, to this agreement.
14. Commission Credit:
To receive credit for a purchase towards your commissions, the user must have enter your designated coupon code at checkout.
You cannot receive commission on your own orders.
Your commission amount will be based on a percentage of the Discount Subtotal for each purchase generated by your coupon code.
15. Paypal:
Grow Bloom Project agrees to compensate the Ambassador as follows: Ambassador will receive a cumulative of 15% payout on the first day of the following month for total sales earned using the assigned coupon code.
All commissions will be paid out monthly on the first day of the following calendar month through Paypal.
Example: The month ends on the thirteenth (30th) or thirty-first (31st) day, commissions are paid on the first (1st) day of the following month.
All ambassadors must sign up for a Paypal account in order to receive their commissions. All commissions paid out through PayPal that are not claimed within 30 days will be automatically forfeited.
16. Removal:
We reserve the right to remove any ambassador from our Brand Ambassador Program.
17. Modification:
We may change the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to terminate the Agreement. However, if you continue to receive the benefits of the Agreement after the end of the notice period of the change, you will be considered to have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.
18. Nondisclosure and Noncompetition:
(a) At all times while this agreement is in force and after its expiration or termination, participant agrees to refrain from disclosing Grow Bloom Projects customer lists, trade secrets, or other confidential material. Participant agrees to take reasonable security measures to prevent accidental disclosure and industrial espionage. (b) While this agreement is in force, the employee agrees to use [his/her] best efforts to abide by the nondisclosure and noncompetition terms of this agreement; Grow Bloom Project agrees to compensate the Ambassador as follows: Ambassador will receive a cumulative of 15% payout on the first day of the following month for total sales earned using the assigned coupon code. All commissions will be paid out monthly on the first day of the following calendar month through Paypal.
(b) After expiration or termination of this agreement, Ambassador agrees not to compete with Grow Bloom Project for a period of 3 years within a 50 mile radius of Mannifest, LLC, Endicott, New York. This prohibition will not apply if this agreement is terminated because Mannifest, LLC violated the terms of this agreement. Competition means owning or working for a business of the following type: Professional Artists with online retail store. (c) Ambassador agrees to pay liquidated damages in the amount of $20,000 for any violation of the covenant not to compete contained in subparagraph (b) of this paragraph.
19. Entire Agreement:
This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether written or oral, between the parties.
By agreeing to become a Grow Bloom Project Brand Ambassador, I agree to:
Send post updates, photos and video links to growbloomproject@gmail.com, Send an email in addition to the social media post, so Grow Bloom Project knows about your recent postings., Include #growbloomproject and #mannifest in all social media posts., Allow Mannifest, LLC to use the images, photos, videos, and posts to promote Grow Bloom Project of charge.
By giving Mannifest, LLC permission to use these digital properties, I acknowledge that I have full rights to these digital properties. All images of the people used in the digital properties are free for Mannifest, LLC to use. All people depicted have signed a model release with me or in some other way legally assured me that the images are fine to share.
IN WITNESS WHEREOF, Mannifest, LLC and Ambassador (listed below) have electronically signed this agreement.