BRAND AMBASSADOR TERMS & CONDITIONS - MKS MIMINOO, A MKS DISTRIBUTION LLC BRAND
By participating in the MKS Miminoo’s Brand Ambassador Program, You automatically agree to be bound by the terms and conditions set forth herein.
- Role of Brand Ambassador
1.1. Promotional Activities: As a Brand Ambassador, You agree to actively promote MKS Miminoo’s products through various channels such as social media platforms, blogs, or other online and offline mediums and must include the following hashtags #mksmiminoo and #miminookids when it is a product for children.
For each free product provided as part of this program, we request a minimum of two posts and one story/reel. The more content you create, the better chance you have of receiving additional products. Please share raw photos and videos for us to repost and use in other content.
1.2. Authenticity and Integrity: You agree to promote MKS Miminoo’s products in an authentic and truthful manner, ensuring that all representations made are accurate and do not mislead consumers.
1.3. Compliance with Laws and Regulations: You agree to comply with all applicable laws and regulations governing advertising, marketing, and promotional activities, including but not limited to, the Federal Trade Commission guidelines on endorsements and testimonials.
1.4. You confirm being 18 years old at the time of this agreement.
1.5. You understand that this collaboration does not make you an employee of MKS Distribution LLC. You confirm that you do not become an employee, agent, franchisee, or partner of MKS Miminoo. Therefore, you cannot act on behalf of MKS Miminoo. You do not have any authority to incur debt, obligation, or liability on behalf of MKS Miminoo.
1.6. Unless you have been approved to be as well a Sales Representative or Retailer, You are not authorized to sell MKS Miminoo’s products on unauthorized websites on the internet or in retail establishments.
1.7. Ensure adherence to MKS Miminoo's aesthetic guidelines for color choice, style, and photography presets in all visual assets. Guidelines include:
- Capture pictures and videos in bright, natural light settings (avoid yellowish or dim lighting).
- Opt for neutral environments or attire with white, grey, beige, black tones, light wood, and neutral materials to complement MKS Miminoo's products.
- Incorporate our color palette including cream, blush pink, terracotta, and sage as much as possible.
- When adding text, use Champagne & Limousines, Poiret or similar fonts.
- Compensation
2.1. Commission or Compensation: MKS Miminoo may provide You with compensation, commissions, discounts, or other benefits in exchange for Your promotional activities, as outlined in a separate agreement or communication.
2.2. Customers need to utilize your promotion link for you to receive compensation. No commissions will be paid retroactively for sales that did not use your discount code or originate from your promotion link.
2.2. Payment Terms: Payment terms, if applicable, will be outlined in a separate agreement or communication between You and MKS Miminoo. Usually, payments are made once a month.
- Intellectual Property
3.1. Use of Company Assets: You acknowledge and agree that all trademarks, logos, brand assets, and other intellectual property owned or licensed by MKS Miminoo ("Company Assets") are and shall remain the exclusive property of MKS Miminoo.
3.2. Limited License: MKS Miminoo grants You a limited, non-exclusive, non-transferable license to use Company Assets solely for the purpose of promoting MKS Miminoo's products or services in accordance with this Agreement.
3.3. Restrictions: You agree not to modify, alter, or misuse Company Assets in any way that may harm MKS Miminoo's reputation or infringe upon its intellectual property rights.
3.4. Use of pictures, video and other content (“Assets”): You hereby grants MKS Miminoo the right to use your videos, content and photographs taken by or provided by You in connection with the promotion and advertising of MKS Miminoo’s products during the Term and in perpetuity thereafter.
3.4.a. MKS Miminoo is entitled to modify the Assets for marketing and promotional use without limitations to the original platform of posting. MKS Miminoo can utilize the Assets for documentation, advertising, and marketing purposes indefinitely.
3.4.b. Ambassador represents and warrants that Ambassador has the full right and authority to grant the rights set forth in this Section and that the use of the Pictures by MKS Miminoo will not infringe upon the rights of any third party.
- Confidentiality
4.1. Confidential Information: During the course of Your participation in the Brand Ambassador Program, You may have access to confidential information belonging to MKS Miminoo, including but not limited to, marketing strategies, product imagery and information, and customer data ("Confidential Information").
4.2. Non-Disclosure: You agree to keep Confidential Information confidential and not to disclose it to any third party without MKS Miminoo's prior written consent.
4.3. Use of Confidential Information: You agree to use Confidential Information solely for the purpose of performing Your obligations under this Agreement and not for any other purpose.
4.4. To prevent potential conflicts of interest, please disclose any other brands you are currently associated with or may work with. Upon entering this collaboration, you are automatically agreeing to our Non-Disclosure Agreement and are expected to refrain from engaging in any competitive activities.
- Termination
5.1. Termination by Either Party: Either party may terminate this Agreement at any time for any reason upon written notice to the other party.
5.2. Effect of Termination: Upon termination of this Agreement, You shall cease all promotional activities on behalf of MKS Miminoo and return or destroy any Company Assets or Confidential Information in Your possession.
- Miscellaneous
6.1. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.
6.2. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Arizona, United States of America, without regard to its conflict of law principles.
6.3. Amendment: This Agreement may only be amended or modified in writing signed by both parties.
By agreeing to these terms, You acknowledge that You have read, understood, and agree to be bound by all provisions of this Agreement.