Conversion action | Online purchase with processed valid payment |
---|---|
Cookie days | 30 days |
Commission type | Percent of Sale |
Base commission | 20.00% |
Back Of Bottle™ brings the ingredient space to the forefront by making it the name of the line.
25 Shampoo + Condition + Styling + Treatment Products
High Performance
Innovative formulations crafted with new-to-industry ingredients and technology, designed to allow customization and personalization. Enhanced treatment of the scalp and hair, and augmented performance meticulously tested and refined by expert hairstylists
Clean
Back Of Bottle™ features thoroughly vetted ingredients
Green
Active natural ingredients that are balancing + conditioning
Sustainable
Packaged in kind to the earth, highly sustainable materials
Created by industry pioneers, BOB™ is an inclusive community founded in professional expertise and driven by the desire to connect with others. Sustainability and transparency are at our core, and something we always strive for. With products empowering performance, paired with the sharing and exchanging of knowledge, we believe in building our community beyond retail, and beyond the salon.
To get involved with the BOB™ professional community, whether that’s sharing in our education offerings, looking to sample products or talking to someone about having BOB™ as part of your business, please give us a call, or send us a message at: 1(833)-882-0919 or [email protected]. Visit www.backofbottle.com for more information.
AMBASSADOR AGREEMENT
This Ambassador Agreement (including any schedules, exhibits or addenda attached hereto, the “Agreement”), is made and entered into as of the date it is last signed (the “Effective Date”), by and between BOB Inc. (“Back of Bottle”), with an address of
901 Dillingham Road, Pickering, Ontario, Canada and the individual identified in Schedule “A” attached hereto (“Ambassador” or “you”) (each, a “party” and collectively, the “parties”). In consideration of the mutual promises contained herein, the parties agree as follows:
1. Services.
Ambassador agrees to provide to Back of Bottle under the terms and conditions of this Agreement,
the following services as described herein (the “Services”) and in connection with Back of Bottle's Ambassador Program
(the “Program”). As part of the Services, Ambassador will generate and post original content (including, without
limitation, text, videos and images) regarding the Back of Bottle brand and Back of Bottle products (collectively the “Content”) on Ambassador’s Instagram, Twitter, Facebook, blog, TikTok, YouTube, Pinterest, and any other applicable internet
and/or social media channel that provides for the sharing of an affiliate link (the “Social Channels”) in an effort to generate sales for Back of Bottle, and in exchange, receive monetary consideration as set forth herein from Back of Bottle’s
third party affiliate link program via the Refersion application/service.
2. Covenants of Ambassador
(a) Ambassador agrees to:
devote such time, resources and best efforts to the Services as is reasonably necessary to perform them in a professional and
diligent manner; comply with all applicable laws and regulations; determine, in Ambassador’s discretion, the time, place, manner, means, methods and independent/personal resources by which the Services are performed and achieved; provide and utilize Ambassador’s own equipment, tools and other resources in performing the Services but Back of Bottle will provide to Ambassador certain informational materials to facilitate the creation of Ambassador’s created content to Ambassador’s Social Channels(such templates and other materials are collectively referred to as the “Back of Bottle Materials”); and will be responsible for (i)
creating and editing the Content and (ii) posting on their owned Social Channels.
(b)
Ambassador agrees that it will not, and shall refrain doing any of the following from during the Term:
make any derogatory statements about Back of Bottle and/or Back of Bottle products; link to any third-party
websites, other than the Social Channels, or otherwise redirect visitors of Ambassador’s Social Channels to third-party websites; resell or distribute any Back of Bottle products, including those received for free or as gifts, for commercial purposes; promote Back
of Bottle products, the Back of Bottle brand, or the Ambassador’s Social Channels via any paid media channels,
website, media, social media, or electronic presence or resource that may be considered pornographic, lewd, offensive to a reasonable person; and engage in any fraudulent transactions, as reasonably determined by Back of Bottle, including without limitation making transactions from Ambassador’s IP addresses or computers under Ambassador’s control.
3. Compensation.
In consideration for the Services, Back of Bottle will pay to Ambassador a
percentage of the Net Revenue (as defined below) collected by Back of Bottle in accordance with the commission
set out in Schedule “A” attached hereto (the “Commission(s)”). For purposes of this Agreement, “Net Revenue” means the retail selling price actually received by Back of Bottle from Qualifying Orders (as defined below), less amounts paid for using store credit or gift certificates, taxes, duties and transaction-based costs and expenses, including but not limited to payment process fees and shipping fees. For purposes of this Agreement, a “Qualifying Order” is a third-party customer (“Customer”) transaction
for the purchase of Back of Bottle product(s), regardless of the number of products being purchased, via the Ambassador’s Social Channels that are made by a method of payment accepted by Back of Bottle. For clarity, each purchase transaction shall count as one Qualifying Order. The Commission is also only paid to Ambassador if Qualifying Order is final - any returns will cause
that specific Commission to be deducted out of the current month’s payouts. The Commission will be calculated solely
based on records maintained by Back of Bottle using its standard methodologies. Back of Bottle will pay Ambassador its Commission quarterly. Commissions due hereunder will be made by Back of Bottle to Ambassador through its payment processor (“Trolley”), which, as of the Effective Date, is Trolley Inc. Ambassador is solely responsible for creating and maintaining a Payment
Processor account, and communicating such account information to Back of Bottle for purposes of receiving the
payments set forth herein. Back of Bottle is not responsible for making any payments based on any amounts which result
from any fraudulent transactions, as reasonably determined by Back of Bottle, including without limitation
any transactions originating from Ambassador's IP addresses or computers under Ambassador's control.
4. Confidentiality.
(a) Definition.
“Confidential Information” means all trade secrets and confidential or proprietary information, whether or not in writing, concerning Back of Bottle's business technology, business relationships or financial affairs which Back of Bottle has not released to the general public. By way of illustration, Confidential Information includes, but is not limited to, information or material which has not been made generally available to the public, such as: (i) corporate information, including plans, strategies, method, policies,
resolutions, negotiations or litigation; (ii) marketing information, including strategies methods, customer identities or other information about customers, prospect identities or other information about prospects, or market analyses or projections; (iii) financial information, including cost and performance data (iv) operational and technological information, including plans, specifications, manuals, forms, templates, software, designs, methods, procedures, formulas, discoveries, inventions improvements, concepts and ideas; and (v) personnel information, including personnel lists, reporting or organizational structure, resumes, personnel data. Confidential Information also includes information received in confidence by Back of Bottle from its
customers or suppliers or other third parties.
(b) Non-Disclosure and Non-Use Obligations.
Ambassador will not, at any time, without Back of Bottle 's prior written permission, either during or after the term of this Agreement, disclose any Confidential Information to anyone outside of Back of Bottle, or use or permit to be used any Confidential Information for any purpose other than the performance of the Services for or on behalf of Back of Bottle. Ambassador will cooperate with Back of Bottle and use best efforts to prevent the unauthorized disclosure or use of any and all Confidential Information.
Ambassador will deliver to Back of Bottle all copies of Confidential Information in Ambassador's possession or control
upon the earlier of a request by Back of Bottle or termination of this Agreement for any reason.
(c) Information of Third Parties.
Ambassador understands that Back of Bottle is now and may hereafter be subject to non-disclosure or confidentiality agreements with third persons which require Back of Bottle to protect or refrain from use of Confidential Information. Ambassador agrees to be bound by the terms of such agreements in the event Ambassador has access to such Confidential Information.
5. Intellectual
Property Rights.
(a) Content License.
Ambassador hereby grants to Back of Bottle and its subsidiaries, affiliates, licensees, agents, representatives, successors and assigns: An unrestricted, fully-paid, royalty free, transferable and irrevocable rights, power and authority to use, reproduce, publish, print, distribute, transmit, copy or otherwise use any of the Content, worldwide and perpetuity, in whole or in part, on any medium known now or later discovered, for the purpose of its advertisements, promotions, marketing activities, public relations, educational and other commercial or non-commercial purposes, subject only to the payment made to Ambassador. Ambassador shall have the revocable, unlimited, perpetual and worldwide right to use the Content, for Ambassador’s promotional purposes, in any and all media now known or hereafter developed. With respect to Content which portrays Ambassador’s face, body and
voice (the “Restricted Materials”), Back of Bottle shall have the right to use the Restricted Materials upon prior approval from Ambassador.
(b) Back of Bottle Materials and Trademark.
Except for Ambassador's limited right to use the Back of Bottle Materials solely in connection with performing the Services, Back of
Bottle retains all right title and interest in the Back of Bottle Materials, including all related intellectual property rights. Back of Bottle
hereby grants to Ambassador, a limited, non-exclusive, non-transferable license to use and display Back of Bottle’s name,
website address, logo and trade names (the “Marks”), solely during the Term and solely in connection with performing the Services.
(c) Use of Trademarks.
Ambassador agrees that any use of the Marks will comply with Back of Bottle's quality standards and trademark guidelines, which may be provided by Back of Bottle’s to Ambassador from time to time (if any) will solely inure to the benefit of Back of Bottle. The Marks are proprietary and nothing in this Agreement constitutes the grant of a general license for their use. Ambassador does not acquire any right, title or interest in the Marks or the goodwill associated therewith. Ambassador agrees not to (A) attack the
Marks or assist anyone in attack in the Marks, and (B) make any application to register the Marks or use any confusingly similar trademark, service mark, trade name, iconography, or derivation thereof including, but not limited to, the registration of any domain name including any of the Marks, during the term of this Agreement and thereafter.
(d) Other Developments.
Ambassador hereby grants to Back of Bottle and its affiliated companies, successors and assigns, the royalty-free, perpetual, unrestricted, transferable, irrevocable sublicensable, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content or other materials, other than the Content (i) submitted to Back of Bottle in connection with the Program or (ii) otherwise created by Ambassador
in connection with the Services, (collectively, the “Other Developments”)
6. Federal Trade
Commission Requirements.
Ambassador acknowledges and agrees that the provisions of the Federal Trade Commission's Guides Concerning Use of Endorsements and Testimonials in Advertising (the “Guides”) apply to Ambassador's provision of the Services hereunder. Ambassador represents and warrants that Ambassador has read and understands the Guides and their requirements, and that the Content and Other Developments (including, without limitation, social media communications regarding Back
of Bottle products, the Back of Bottle brand and/or the Program) will contain clear and prominent disclosures
compliant with the Guides.
7. Ambassador Representations and Warranties.
Ambassador represents and warrants that:
Ambassador is at least 18 year of age and legally allowed to live and work in Ambassador’s country of residence; the Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein and in the Back of Bottle Materials; the Content and Other Developments are Ambassador's original work and Ambassador has the right and title to grant the rights to Back of Bottle to use the Content and Other Developments as set forth herein; use of the Content by Back of Bottle will not infringe or involve the misappropriation of any third-party rights; all clearances and licenses relating to the
use of the Content or Other Developments have been obtained by Ambassador; and except as expressly set forth herein, no fee,
compensation or any other payment whatsoever will be payable by Back of Bottle for any Content or Other Developments or any content or material incorporated therein to any third party; Ambassador will comply with all applicable laws, rules and regulations, including the Guides.
8. Indemnification
Ambassador shall indemnify and hold Back of Bottle, its affiliates and their respective directors, officers, agents and employees harmless from and against all claims, demands, losses, damages and judgments, including court costs and attorneys' fees, arising out of or based upon the Services and/or Ambassador's performance thereof including, but not limited to, (a) any claim that the
Services provided hereunder or, any related intellectual property rights or the exercise of any rights in or to any Content, Other
Development, Ambassador IP or related intellectual property rights infringe on, constitute a misappropriation of the subject matter of, or otherwise violate any patent, copyright, trade secret, or trademark of any person or breaches any person' s contractual rights; and (b) any breach or alleged breach by Ambassador of any representation, warranty, certification, covenant, obligation or other agreement set forth in this Agreement.
9. Term;
Termination.
This Agreement will commence on the Effective Date and
continue until terminated by either party as set forth herein (the “Term”).
Either party may terminate this Agreement, with or without cause, upon giving the other party at least seven (7) days'
prior written notice thereof. Upon any termination of this Agreement, all rights and duties of the parties toward each other shall cease, except that the following Sections shall survive: 3 (with respect to any Net Revenue accrued during the term of this Agreement but not yet paid); 4(a), 4(b), 4(c) and 5 through 13 (inclusive).
10. Independent
Contractor; No Agency.
Ambassador is not and shall not be deemed an employee, agent, joint venture or partner of Back of
Bottle, and neither party shall have any right or authority to assume or create any obligation on behalf of or bind the other party in any manner whatsoever.
11. Limitation of
Liability.
IN NO EVENT SHALL BACK OF BOTTLE, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS, OR LICENSORS (EACH, A “BACK OF BOTTLE PARTY”) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO
THIS AGREEMENT, THE BACK OF BOTTLE PRODUCTS AND/OR THE PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH BACK OF BOTTLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH STATES, THE LIABILITY OF THE BACK OF BOTTLE PARTIES
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Equitable
Relief.
Ambassador and Back of Bottle agree that it would be impossible or inadequate to measure and calculate Back of Bottle's damages from any breach by Ambassador of this Agreement. Accordingly, Ambassador and Back of Bottle agree that if Ambassador breachesthis Agreement, Back of Bottle will have available, in addition to any other right or remedy, the right to obtain from any court of competent jurisdiction an injunction restraining such breach or threatened breach and/or for specific performance of sections 4, 5 and 8 hereof. Ambassador and Back of Bottle further agree that no bond or other security shall be required in obtaining such equitable relief and Ambassador and Back of Bottle, hereby consent to the issuances of such injunction and to the ordering of such specific performance.
13. Governing Law,
Jurisdiction and Venue.
The provisions of this Agreement will be construed and enforced in accordance with, and any dispute arising out of or in connection
with this Agreement, including any action in tort, will be governed by, the laws of the Province of Ontario, Canada.
Each party hereby irrevocably submits to the exclusive jurisdiction and venue of the courts within the Province of Ontario,
Canada.
14. Notices.
All notices or other communications, required or permitted to be given hereunder, shall be in writing and shall be delivered
electronically, personally or mailed, certified mail, return receipt requested, postage prepaid, to the parties at their addresses
as set forth above. Any notice given electronically shall be deemed received on the business day following transmission. Any notice mailed in accordance with the terms hereof shall be deemed received on the third day following the day of mailing. Either party may change the address to which such notices to such party may be given hereunder by serving proper notice of such
change of address to the other party.
15. Miscellaneous.
If any provision of this Agreement is found to be invalid by any court or arbitrator having competent jurisdiction, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force
and effect. Failure of Back of Bottle to act on or enforce any provision of this Agreement shall not be construed as a
waiver of that provision or any other provision of this Agreement. No waiver shall be effective against Back of Bottle
unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Back of Bottle and Ambassador, this Agreement constitutes the entire agreement between Ambassador and Back of Bottle with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience, and shall not be given any legal import. Neither this Agreement nor any right hereunder or interest herein may be assigned or transferred by Ambassador without the express written consent of Back of Bottle. Back of Bottle may assign any or all of its rights and obligations under this Agreement without Ambassador's written consent to any affiliate or to another third-party affiliate by way of
merger, acquisition, consolidation, or sale or transfer of all or substantially all of Back of Bottle's assets or capital
stock. Any attempted assignment, delegation or transfer to a third party in violation hereof shall be null and void. Subject to the foregoing, this Agreement shall be binding on the parties and their successors and assigns.
SCHEDULE “A”
Name of Ambassador: [INSERT SALON OWNER/MANAGER, OR INDEPENDENT STYLIST
NAME, EDITOR/INFLUENCER]
Address of Ambassador: [INSERT ADDRESS OF SALON OWNER, INDEPENDENT
STYLIST, EDITOR/INFLUENCER]
Commission Percentage: [INSERT 20%] of Net Revenue* FOR SALON OWNERS/MANAGERS; [INSERT 15%] of Net Revenue* FOR EDITORS/INFL
*Back of Bottle may, from time to time at its sole discretion, offer promotions which could increase commission percentages as
incentive.
BOB Privacy Policy – Refersion Affiliate Program
No Sale of Personal Data
We will not sell your Personal Data to third parties, including third party
advertisers. There are, however, certain circumstances in which we may
disclose, transfer, or share your Personal Data with certain third parties
after obtaining your consent. By checking out and submitting your Personal Data
to us, you expressly consent to our sharing your Personal Data, as set forth below.
Sharing Personal Data With Affiliates, Successors, and Agents
For purposes consistent with this Privacy Policy, we may share your Personal
Data with:
•our parent companies, subsidiaries, and/or affiliates;
•successors who acquire your Personal Data if we sell, merge, reorganize,
dissolve, or similarly change our ownership or corporate structure;
•other companies we engage to perform business-related functions, such as:
- vendors
who provide services to us or our customers;
- marketing agencies;
- database service providers;
- backup and disaster recovery service providers;
- email service providers; and
- payment processors.
Sharing Data Through Social Media
We work with social media sites like Facebook, YouTube, Instagram, Pinterest,
Twitter, TikTok, and Google, and with application developers who specialize in
social commerce so you can connect to us, share your interests, express
opinions about products and services, purchase our products, and generate
interest in our products and services among members of your social networks.
Using these integrated tools enables you to share your Personal Data with other
individuals or the public, depending on the settings that you have established
with social networking websites. If you use third party social media features
available on our Site, we or the third party may collect or share your data,
including your Personal Data.
If you do not want us to be able to access information about you, including
Personal Data, from Third Party Sites, you must limit data collection and
disclosure in the privacy settings on the Third Party Sites. We reserve the
right to remove the Personal Data or other data of any person for any reason
we, in our sole discretion, deem appropriate.
Legally Compelled Disclosure of Personal Data
We may disclose your Personal Data if required to do so by law or in our
good faith belief that such action is necessary to:
•comply with a legal obligation;
•protect or defend our rights, interests, or property, or that of third
parties;
•prevent or investigate possible wrongdoing in connection with the Site;
•act in urgent circumstances to protect the personal safety of users of the
Site or the public; or
•protect against legal liability.
What Are Cookies?
A cookie is a piece of information that is placed on your web browser or device
when you access and/or use the Site. Cookies store text and can later be read
back by the Site or third parties. Cookies can remember the information you
access on one webpage to simplify your subsequent interactions with the Site or
to use the information to streamline your transactions on related webpages.
What Do You Use Cookies For?
We use cookies to recognize your browser and you as a unique visitor to the
Site through an anonymous unique identifier. We use cookies to:
•monitor and analyze how you use the Site;
•remember your preferences to make your online experience easier and more
personalized;
•route Site traffic to effectively distribute the Site workload across servers;
and
•test new features.
In the future, we may use cookies placed by third parties to deliver focused
online banner advertisements to you both on and off the Site.
How You Can Manage Cookies
You can manage cookies through your web browser's option settings. You may be able to be notified when you are receiving new cookies and disable or delete cookies. Please refer to your web browser's help section for information on whether you can and how to do this.
Many of the third party technologies that enable targeted banner advertising also allow you to opt out. Such third party service providers include Adroll, Rubicon, Google, Media Math, Perfect Audience, Quantcast, Retargeter, and Yahoo! among others. You can control your preferences directly with each such third party service provider.
You can learn more about cookies at the following third-party websites:
•All About Cookies: http://www.allaboutcookies.org/;
and
•Network Advertising Initiative:http://www.networkadvertising.org/.
Note that if you disable, delete, or refuse to accept cookies, you may not be
able to use some features of the Site and/or some of our pages might not
display properly.
Do Not Track (DNT) is an optional browser setting that allows you to express
your preferences regarding tracking by advertisers and other third-parties. We
do not currently respond to DNT signals. Therefore, please be advised that
third party web analytics companies may collect information about your online
activities over time and across our website and other online properties.
Third Party Sites:
•Third Party Sites:
Any data you disclosed on websites not operated or controlled by us (“Third Party
Sites”), even though we may provide links to them on the Site or in our emails.
We are not responsible for the policies and practices employed by, or the
content of such,
Third Party Sites. We suggest contacting those sites directly for information
about their privacy policies and practices.
•Non-Personally Identifiable Data: Any non-personally identifiable data we
collect, including, without limitation, Log Data, domain names of your Internet
Service Provider, your approximate geographic location, a record of your usage
of the Site, the time of your usage, and aggregated personally identifiable
information, but only to the extent the foregoing cannot be used to
specifically identify you.
•Aggregated Personal Data: Any Aggregated
Personal Data that can no longer be used to identify you will be treated as
non-personally identifiable data under this Privacy Policy.