Rose & Ritual Apothecary supports the advertising and promotion of its products and services by all members of the health and wellness community. This general agreement outlines the terms and agreements of your relationship with Rose & Ritual Apothecary and a Brand Advocate a.k.a an Affiliate.
By submitting an application to our Brand Advocate Program, you warrant that you have read and reviewed this Agreement and that you agree to it. If you do not agree to this Agreement, please do not submit an application to our Brand Advocate Program. As a Brand Advocate for Rose & Ritual Apothecary, you agree to the following terms:
Endorsed Products:
Endorsed products are products sold under the Rose & Ritual Apothecary brand.
Brand Advocate (Affiliate) Requirements:
Your requirements as a Brand Advocate are outlined in the Advocate Requirements section that was presented to you in your online application and on your Advocate dashboard and is hereby incorporated into this Agreement by reference.
Advocates who do not follow the requirements can be subject to termination, suspension, or their commissions being held until all requirements are followed.
Agreement Territories:
We welcome brand advocates within the United States and its territories as well as international communities. Payouts to ALL brand advocates will be made through PayPal. There will be no exceptions to this payout method. If you are not able to use PayPal for your payout method, we will have to unfortunately terminate your account.
IRS Responsibilities:
All Brand Advocates will be required to provide Social Security number or Tax ID one you accrue $600 in commission payouts. The IRS requires us to submit a 1099 tax form for contractor business services and because the affiliate is paid and recognized as a contractor, this information needs to be accurately gathered and submitted to the IRS. If a brand advocate fails to provide this information at the time of its request, the affiliate account will be terminated immediately.
Use of Endorsed Products:
You acknowledge and agree that you have read all product warning labels, that you are over the age of 18, and you have no medical condition that prevents you from consuming our products. All products provided as part of this relationship may not be re-sold.
Promotion of Endorsed Products:
You agree to use your best efforts to promote the Endorsed PRoudts in a manner consistent with its authorized use and as outlined on product labels. The promotion structure of endorsed products shall be as outlined in your Brand Advocate Program letter. Approved social media sites include Instagram, Facebook and YouTube.
Prohibited Content:
Brand Advocate agrees that they will not post content on any social media platform, as determined by Rose & Ritual Apothecary in its sole discretion, that:
is violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
promotes certain illegal drugs, firearms, weapons or the use of any of the foregoing;
promotes any activities that may be 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;
communications messages or images inconsistent with the positive images and/or goodwill with which Rose & Ritual Apothecary wishes to associate;
violates any law.
Indemnification:
You agree to hold Rose & Ritual Apothecary, its officers, agents, assignees and employees harmless for any liability from any jury or damage arising from the use or promotion of any Endorses Product.
Relationship:
You are an independent contractor; this agreement shall not be constructed as creating an employer/employee relationship.
Confidentiality/Use:
Occasionally we may share information with you that is confidential. 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.
Intellectual Property:
Brand Advocate acknowledges and hereby agrees to grant Rose & Ritual Apothecary the unlimited and unencumbered use of any and all work product developed by Brand Advocates in conjunction with the performance of services for Rose & Ritual Apothecary. Work products includes but is not limited to all social media posts, pictures, images, videos, recordings, tagline, hashtags, posts, commentary and designs.
Except where prohibited by law or regulation, Brand Advocate Rose & Ritual Apothecary, and its sucessors, assigns, licensees and designees permission to use Brand Advocate’s name, Social Media Platform account name, photograph (including, but not listed to Social Media Platform account profile photo), voice and/or other likenesses, in all media now known or hereafter discovered (including, without limitation, on Rose & Ritual Apothecary websites and via Rose & Ritual Apothecary Social Media Platform accounts), worldwide in perpetuity, for any purpose without additional compensation, consideration, notification or consent.
Brand Advocate is not authorized to use any copyrighted content from any other companies to promote the Rose & Ritual Apothecary brand. Rose & Ritual Apothecary will not be responsible for nay disputes involveing the unathorize use of any other company’s intellectual property.
Term and Termination:
The term of this Agreement will begin when we accept you into the Brand Advocate Program. It can be terminated by either Party at any time with or without case.
You may only earn payouts as long as you are a Brand Advocate in good standing during the term. If you terminate this Agreement with, you will qualify to recieve payouts earned prior to the date of termination.
If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website(s), you forfeit all rights, including the right to any unclaimed payout.
We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or the legal obligations, and/or publishing or distributing illegal material.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Governing Law:
This Agreement shall be construed in accordance with the laws of the State of Georgia. In the event that arbitration is unsuccessful, you agree to submit to the venue and personal jurisdiction in any state or federal court sitting in the County of DeKalb, State of Georgia in any action or proceeding arising out of or related, directly or indirectly, to this agreement.
Commission Credit:
To receive credit for purchases toward your commissions, the user must have clicked on your tracking link as the last click before arriving at the site and purchasing (and not on an ad of Rose & Ritual Apothecary).
Once a user clicks on your link or code, a cookie will be placed on their browser for 30 days, giving you commission credit for purchases that take place for that user within that time frame.
You cannot receive a commission on any purchase that uses your personal discount code.
You cannot receive a commission on your own orders.
Your commission amount will be bases on a percentage of the Discount Subtotal for each purchase generated by your tracking link.
PayPal:
All Brand Advocates must sign up for a PayPal account in order to relieve their commission. All commissions paid out through PayPal that are not claimed within 30 days will be automatically forfeited. Payouts are only available when a threshold of the following amount is met: $20 (twenty US dollars).
Removal:
We reserve the right to remove any Brand Advocate from our Brand Advocate Program.
Modification:
We may change the terms and conditions of this Agreement in the future, at any time. 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 that 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.
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 moral, between the parties.
Changes To This Agreement:
Rose & Ritual Apothecary may change the wording or structure of the terms at any time. When there is a change to these terms and agreements, all brand advocates (affiliates) will be notified within 24 hours.