BRAND AMBASSADORS TERMS AND AGREEMENTS

IMPORTANT: THIS BRAND AMBASSADOR PROGRAM AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND WAIVER OF THE RIGHT TO JURY TRIALS AND CLASS ACTIONS.

 PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.

BY SUBMITTING AN APPLICATION TO THE GAMEDAY COUTURE / SHOP THE SOHO BRAND AMBASSADOR PROGRAM, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU UNEQUIVOCALLY AGREE TO BE LEGALLY BOUND EACH AND EVERY TERM AND CONDITION.

As an applicant for the Gameday Couture / Shop the Soho Brand Ambassador program, we ask that you (“Brand Ambassador,” “you,” or similar terms) read the terms and conditions before completing the application. If you apply, you agree to each of our (“Gameday Couture,” “Shop the Soho,” “us,” “we,” or similar terms) terms listed below. The responsibility rests on you to understand any and all terms before participating in our Brand Ambassador program. Shop the Soho may routinely modify the terms of this Agreement by changing, adding to, or removing any part of our website, including any content listed below. At any time, we can alter this Agreement without prior notice to Brand Ambassadors and post the updated version on this site.

DESCRIPTION OF THE PROGRAM

As a Gameday Couture / Shop the Soho Brand Ambassador, you will advocate for our brand and help us maintain our positive image and reputation online. Brand Ambassadors will share their experience with Gameday Couture / Shop the Soho with those in their community to spread awareness about our company. We ask Brand Ambassadors to engage in a variety of tasks including, but not limited to posting on social media platforms, contributing written content to our website, and completing private surveys to provide feedback for our company.

Upon completion of our application form, we will reach out to you when you have been accepted or rejected. Gameday Couture / Shop the Soho reserves the unconditional right to reject anyone who does not agree to these terms or does not meet our qualifications for this program. Please note that Gameday Couture / Shop the Soho may not accept your application if we do not have the capacity for any additional Ambassadors at the specified time, although we would encourage interested individuals to consider applying again. If you are denied acceptance, we ask that you revisit your application, ensuring all information is correct and updated, and wait 30 days until applying to the Brand Ambassador program again.

Once accepted, you will gain access to our private Brand Ambassador portal where you will complete your profile. You should ensure that the information submitted in your program application and associated with your profile (including email address, mailing address, and other contact information) is always complete, accurate, and up to date. We will send notifications and communications with information related to the program to the Brand Ambassador’s email address, and we assume that you will receive all notifications and communications, even if the email address is no longer current. To update your email address, please email us at social@shopthesoho.com.

ELIGIBILITY TO PARTICIPATE IN THE PROGRAM

All Brand Ambassadors must be 18 years of age or older to join the Gameday Couture / Shop the Soho Ambassador program. If you do not meet the minimum age or comply with this Agreement, you will not be eligible to participate in our program. In addition, applicants 

  1. Brand Ambassadors must have and actively use at least one of the following social media channels: Instagram, Facebook, YouTube, Twitter or TikTok. 
    1. If Instagram is your chosen platform, you must have at least 500 followers or 500 friends, respectively. We ask that your social following falls under our target demographic of U.S. based women aged 20 years or older. 
  2. Must have a public social media account(s). We will only consider Brand Ambassadors with public social media accounts. 
  3. Brand Ambassadors must grant our ambassador management portal (BrandChamp Limited) access to their social media account to facilitate the tracking of activities and issuance of rewards.
  4. Brand Ambassadors must be personally experienced with Gameday Couture / Shop the Soho products as customers of our company. We strongly urge potential Ambassadors not to apply if you have never purchased from us or tried our product, as we will not consider your application. 

By agreeing to these terms and conditions, you are expected to follow Gameday Couture / Shop the Soho on Instagram and like our profile on Facebook. 

PAYMENT FOR SERVICES

For eligible Ambassadors, in consideration of the Promotional Activities and rights granted to Gameday Couture / Shop the Soho with respect to content, Brand Ambassador will be compensated with some or all of the following:

  • Free Gameday Couture / Shop the Soho Products | From time to time, Gameday Couture / Shop the Soho may provide Brand Ambassador with free product(s), the value and amount of which shall be determined by Gameday Couture / Shop the Soho.
  • Merchandise | Through Brand Ambassador’s Promotional Activities, Brand Ambassador may earn points which will be accumulated in their Portal and can be used towards the purchase of merchandise from time to time.
  • Commission | Brand Ambassadors are provided with a unique promotional code which can be provided to followers who can use it to buy Gameday Couture / Shop the Soho products at a discounted price. Brand Ambassadors in good standing are entitled to receive a commission of ten percent (10%) of Net Sales made to Customers who purchase Gameday Couture / Shop the Soho products using Brand Ambassador’s unique referral link and promotional code. “Net Sales” shall mean the total amount received by Gameday Couture / Shop the Soho from the purchase of Gameday Couture / Shop the Soho products by Customers, less: (i) cost of insurance, cost of freight and other shipping and handling charges; (ii) any sales tax or similar taxes which may be imposed by a governmental entity having jurisdiction on any such transaction; and (iii) any sales or amounts that are attributable to Spam, credit card fraud, returned Gameday Couture / Shop the Soho products, refunded payments or similar factors. Payment will be made in a form designated by Gameday Couture / Shop the Soho from time to time and accepted by Brand Ambassador, on a monthly basis in each month in which your commission is at least one hundred dollars ($100 USD). (Your commission will roll over to the next month(s) if $100 in commissions is not reached in a given month).
  • Exclusions | If a sale is canceled or refunded for any reason, any amount pre-paid to the Brand Ambassador will be deducted from the amount owed to the Brand Ambassador. Brand Ambassador will not be paid a commission on sales or orders that are in delinquent status. Brand Ambassador commissions are counted and final numbers are deemed final at the sole discretion and decision of Gameday Couture / Shop the Soho. Shop the Soho also reserves the right to change the dates of the commission payout. While Gameday Couture / Shop the Soho makes every reasonable effort to accurately track and pay commissions for all Brand Ambassador sales, Gameday Couture / Shop the Soho is not responsible nor shall be held liable for any technical difficulties, outside events, actions by other Brand Ambassadors, or other uncontrollable events that may disrupt or interfere with Gameday Couture / Shop the Soho’s ability to track sales or pay commissions. Shop the Soho has the right to pay commissions to any other person, at its discretion.

EXPECTATIONS 

Gameday Couture / Shop the Soho requires that Brand Ambassadors interact on their personal social media using either #shopthesoho or #gamedaycouture as well as our company social media often. 

  1. Brand Ambassadors agree to complete at least 5 activities per month, which will be listed in the ambassador management portal. Types of activities include, but are not limited to:
    1. Creating video and/or image content for use in Gameday Couture / Shop the Soho marketing.
    2. Promoting Gameday Couture / Shop the Soho on the applicant’s social media and tagging Gameday Couture / Shop the Soho in the content.
    3. Reviewing products on www.shopthesoho.com.
    4.  Completing and/or participating in offline activities. 

If you do not meet the minimum requirements for completed activities over two consecutive months, you will not be allowed to remain in the program, thus forfeiting all forms of compensation, including commissions. 

CONTENT & RESTRICTION 

Content that you post, submit, upload, display, sell or use using our Program and services is your Content for which you are solely responsible. You confirm that you have all necessary rights to the Content and that you’re not infringing or violating any third party’s rights by posting it or using it.

Gameday Couture / Shop the Soho expects the Content created by the Brand Ambassador to be a truthful and creative representation of Gameday Couture / Shop the Soho products that, depending on the purpose of the Content, educates followers and/or increases their curiosity about Gameday Couture / Shop the Soho. Gameday Couture / Shop the Soho is respectful of the Brand Ambassador's creative freedom to create Content in a way that inspires the Brand Ambassador's audience.

By participating in the Program and creating the Content, the Brand Ambassador agrees that Printful can use the Content on the Site, social media accounts, blog or in its marketing activities, and grants a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display the Content in any media including posting in an online gallery, publication(s), and various marketing materials, with right to use, copy, modify, edit, and create derivative works therefrom. The Brand Ambassador also agrees to execute documents confirming such right and license at Printful’s reasonable request.

You may not include pictures of or tag a competitor’s brand in a post completed as part of our Brand Ambassador program’s monthly activities requirement. Additionally, we do not allow our Brand Ambassadors to become involved in similar programs of competitor brands while they are still participants in our program. If you violate this Agreement, we reserve the right to terminate your position in the Gameday Couture / Shop the Soho Brand Ambassador program. Please keep in mind that we look for Ambassadors who are fully committed to our brand and willing to represent us over our competitors.

Except to the extent permitted by applicable law, the Brand Ambassador shall not (i) use any illegal method of advertising to promote the Gameday Couture / Shop the Soho products, and the Brand Ambassador shall be solely liable for any such unauthorized communications; (ii) display the Content in any way that in Gameday Couture / Shop the Soho’s discretion disparages or creates a derogatory or negative image of Gameday Couture / Shop the Soho; (iii) make any false or misleading representations relating to Gameday Couture / Shop the Soho, or engage in any other practices that could harm the reputation of Gameday Couture / Shop the Soho; or (iv) display any Content in a manner that contains or promotes (a) illegal activities or (b) Content that is misleading, violent, deceptive, or violates any third-party intellectual property, privacy or other rights of any kind. The Brand Ambassador is solely responsible for following all federal, state and local laws, regulations and rules regarding advertising claims, including but not limited to the FTC’s Disclosure Guidelines.

PROHIBITED BEHAVIORS

As a public advocate for our brand, we hold all Gameday Couture / Shop the Soho Brand Ambassadors to the highest standard of integrity and responsibility in maintaining the reputation of the company. We will not tolerate any disrespectful behavior towards other Brand Ambassadors or our customers. Any actions associated with this program (marketing, websites, blog posts, videos, emails, Tweets, Facebook or Instagram posts, etc.) deemed offensive or inappropriate at the sole discretion of Shop the Soho will result in immediate removal from the program. 

Additionally, Brand Ambassadors must treat others with respect and refrain from using profanity on all social media posts. If a Brand Ambassador is removed from our program under these conditions, that person will be disqualified from receiving any further recognition, communication, or free products from Gameday Couture / Shop the Soho.

Upon acceptance into our Brand Ambassador program, you will receive a customized discount code (“Code”) and individual referral link (“Link”) to share with your social media following. Your Code is for you to post solely on your personal social media channel(s) and cannot be gifted to a third party. You may not use paid advertising, search, or social pages to promote your Code or Link that is given to Brand Ambassadors exclusively through our program. We do not allow any Brand Ambassadors to comment their Codes on any Gameday Couture / Shop the Soho social media channels (Instagram, Twitter, Facebook) even if another individual is seen doing this.

Brand Ambassadors are not allowed to enter any stores that sell Gameday Couture / Shop the Soho products and share their Codes with customers. Additionally, you are prohibited from adding your Code to coupon sites (including, but not limited to Universal Honey, Retail Me Not, GetCouponCodes, etc.). We check these sites frequently, and we will disqualify any Brand Ambassadors found to be attracting sales through these sites. As a Brand Ambassador, you are also not allowed to sell Gameday Couture / Shop the Soho products on unauthorized websites on the internet or in grocery establishments. Remember, the purpose of the Gameday Couture / Shop the Soho Brand Ambassador program is to raise awareness about our inspiring company mission by engaging new customers with our brand. However, these unethical methods for soliciting customers will not be tolerated by Gameday Couture / Shop the Soho.

RELATIONSHIP BETWEEN PARTIES

While our Brand Ambassadors are our most valued and loyal customers, this Agreement shall not be deemed as a joint venture, agency relationship, or employment relationship between Shop the Soho and you, the Brand Ambassador. By accepting these terms and conditions, you agree that you are not an employee, agent, franchisee, or partner of our company. You cannot act on behalf of Gameday Couture / Shop the Soho, and you do not have the authority to incur debts, obligations, or liabilities on behalf of us.

Unless otherwise indicated in this Agreement, all content appearing on the Gameday Couture / Shop the Soho website (including but not limited to site design, text, graphics, logos, images and icons) are the sole property of Gameday Couture / Shop the Soho.

By acknowledging and accepting this agreement, you understand that you are not granted rights to any of our trademarks, logos, or intellectual property owned by Gameday Couture / Shop the Soho. As a Brand Ambassador, any reproduction, distribution, modification, or publication of our copyrighted material on your behalf is strictly prohibited without our company’s express written consent. Additionally, you must not repost or use any Gameday Couture / Shop the Soho brand assets without the consent of our company.

By acknowledging and accepting this Agreement, you allow Gameday Couture / Shop the Soho to use any visual or written content you send us, even if you choose to exit the program. Your submission of any materials as part of a Brand Ambassador activity automatically gives our company the usage rights to share the related content on our website, blog, social media accounts, and paid advertising without requesting your special permission. These materials include, but are not limited to, pictures, videos, blog posts, survey responses, and personal testimonials.

CONFIDENTIALITY

Any information relating to Gameday Couture / Shop the Soho or our affiliates that we make accessible to you through the Brand Ambassador program that is not known to the general public is considered confidential and remains Gameday Couture / Shop the Soho’s exclusive property. You cannot disclose confidential information to any third party and you must take all reasonable steps to protect our confidential information against any disclosure that is not explicitly permitted in our terms and conditions.

Gameday Couture / Shop the Soho provides our Brand Ambassadors access to a private ambassador management portal, where they can complete activities and redeem rewards. The activities, rewards, and other information available in the ambassador portal is confidential and may not be disclosed to any third party. You will only use this confidential information (including descriptions of activities, tasks, and rewards) to the extent that is reasonably necessary for your performance as a Brand Ambassador. It is your responsibility to ensure that all people who have access to this confidential information due to your participation in our Gameday Couture / Shop the Soho Brand Ambassador program are aware of and will comply with the terms of this provision.

PRIVACY

Our company will never give, lease, sell, or otherwise disclose a Brand Ambassador’s personal information that you provide us. To fully perform your duties as a Brand Ambassador, we ask that you provide us with accurate personal information. We request information including your full name, email address, demographic information, and links to your social media accounts. 

In order to manage our Brand Ambassador program and provide the services associated with the program, we may need to provide your information to our trusted third party partners. For example, our ambassador management software BrandChamp Limited is a safe and secure platform that may receive this information. At any time, you can request a copy of the information our company holds about you, a Brand ambassador, although we may be obligated to keep certain records for legal and accounting purposes. You may reach out to our email at social@shopethesoho.com and we will get back to you. 

TERMINATION

This Agreement begins once we accept your Brand Ambassador application into the Gameday Couture / Shop the Soho program. As a Brand Ambassador, you are not treated as a company employee and are subject to our terms and conditions. You agree that Gameday Couture / Shop the Soho reserves the right to cancel this agreement at any time with written notice. 

We may terminate your position due to inactivity (based upon the requirements listed above), violation of one of our prohibited behaviors, or any other cause. Additionally, if Gameday Couture / Shop the Soho believes that our brand or reputation may be tarnished by a Brand Ambassador or that your participation in our program has been used for deceptive, fraudulent or illegal activity, we reserve the right to terminate this Agreement. If you choose to leave the Brand Ambassador program or if our company revokes your standing, you must use any gift card credits or promotional codes within 14 days of leaving the program.

For additional information and inquiries about the Shop the Soho Brand Ambassador program, please contact us at social@shopthesoho.com.