BRAND AMBASSADOR / AFFILIATE AGREEMENT
By signing up and submitting an application to become a Nylah ("Company") Brand Ambassador and/or Sales Affiliate (“Ambassador”), you hereby agree to the following:
Ambassador shall grant Company the rights to use name and likeness, as well as promises to promote and recommend Endorsed Products to the public. Company also holds ownership and the right to use any photographs, video and/or material created or used throughout the Agreement Term and for a period of up to twelve (12) months after the termination date. Ambassador agrees to promote Company and Endorsed Products while at relevant events, as well as demonstrate consistent support on social media outlets including but not limited to Facebook, Twitter and Instagram.
Ambassador will receive a custom promotion link used to track Ambassador sales activity. All sales will be reviewed on a monthly basis.
Ambassador will then receive compensation in the form of:
- Commission of 10% of the gross sales from all Nylah products sold through Ambassador's promotion link. Payments will be made by the 15th of the month following the month in which Ambassador participated in the sales promotion.
- Commission on product returned within 30 days of ship date will be deducted from ambassador commissions.
- After 5 referral purchases, commissions will increase to 15%.
Ambassador will submit correct identity information including age and mailing address for merchandise delivery.
Ambassador can contact our customer support email with questions about the program rules at firstname.lastname@example.org.
If Ambassador does not comply with this Agreement or does not continue to promote and represent Company in a positive manner or in such way consistent with company image, Ambassador will be subject for termination in Nylah’s discretion.
This Agreement shall not render the Ambassador an employee, partner, agent of, or joint venture with Nylah for any purpose. The Ambassador is and will remain an independent contractor in its relationship to Nylah. Nylah shall not be responsible for withholding taxes with respect to the Ambassador’s compensation hereunder. The Ambassador shall have no claim against Nylah hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Ambassador hereby waives the benefit of any state or federal statutes dealing with the establishment and regulation of franchises. The Ambassador shall not have any power or express or implied authorization to bind Nylah or to assume or to create any obligation or responsibility, express or implied, on behalf of Nylah or in Nylah’s name.
Ambassador hereby releases, indemnifies and holds harmless, Nylah, its agents, employees, assigns, successors, insurers or any related entity, from each, every and all claims both in law and equity and all expenses, debts, covenants, liabilities, or responsibilities in any way relating to or arising from such claims, which Ambassador had or now has against Nylah, whether known or unknown, and whether foreseen or unforeseen, arising from, or in any way connected directly or indirectly with, or otherwise related to, this Agreement, or any occurrence related to the performance of Ambassador’s duties hereunder.
Company shall hold Athlete harmless from any liability or expense (including legal fees and costs) made by third parties against Athlete with respect to claims arising from the manufacture, sale and/or use of Company’s products, except when resulting from the gross negligence or willful misconduct of Athlete.
This Agreement shall be governed by the laws of the State of Utah.
This is the entire agreement between the parties and may not be altered except in writing.
Nylah holds the right to terminate this agreement at any time upon written notice.