Brand Ambassador Agreement
The Foggy Dog, a registered trademark of The Foggy Dog, LLC, actively supports the advertising and promotion of its products by selected and respected members of the pet community. This agreement outlines the terms and conditions of your relationship with The Foggy Dog as a United States based Brand Ambassador.
By applying to become a Brand Ambassador for The Foggy Dog, you agree to the following terms:
1. Endorsed Products:
Endorsed products are products sold under The Foggy Dog brand name.
2. Ambassador Requirements:
Your requirements as a Brand Ambassador are outlined in the Ambassador Requirements section that was presented to you in your online application and on your Ambassador dashboard and is hereby incorporated into this agreement by reference.
Requirements include:
- Have an active, public Instagram or TikTok account for your dog with at least 250 followers and 3+ posts per week
- Follow us on Instagram @thefoggydog
- At least 18 years of age
- Based in the U.S.
Ambassadors are expressly prohibited from sharing discount codes on coupon sites. Any ambassador whose code is found on a coupon site will immediately be terminated from the program and all store credit will be rescinded. Ambassadors must comply with all federal, state and local regulations, including applicable governing marketing emails (ie CAN-SPAM Act), and all other anti-spam laws.
As an ambassador you are expected to drive at least one sale per 90 day period that results in a commission. Ambassadors who do not meet that requirement are considered inactive and their ambassador account and unique discount code will be deactivated.
Ambassadors who do not follow the requirements can be subject to termination, suspension and/or the rescinding of all store credit.
3. Contract Territory:
You will be a United States based Brand Ambassador, the territory for a U.S. Brand Ambassador shall be within the United States exclusively and all U.S. territories.
4. Promotion of Endorsed Products:
You agree to use your best efforts to promote the Endorsed Products in a manner consistent with its authorized use and as outlined on product labels. Approved channels for promotion include 1) your own website or blog; 2) emails to friends and family (no spam); and 3) Facebook, TikTok, Instagram and YouTube.
5. Prohibited Content:
Ambassador agrees that they will not post content on any platform, as determined by The Foggy Dog in its sole discretion, that:
- is pornographic, sexually explicit or suggestive, or contains profanity or nudity;
- is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- promotes any activities that may appear 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;
- communicates messages or images inconsistent with the positive images and/or good will with which The Foggy Dog wishes to associate;
- violates any law.
6. Indemnification:
You agree to hold The Foggy Dog, its officers, agents, assignees and employees harmless for any liability from any injury or damage arising from the use or promotion of any Endorsed Product.
7. Relationship:
This agreement shall not be construed as creating an employer/employee relationship or an employer/contractor relationship.
8. Confidentiality/Use:
Occasionally we may share information with you that is confidential in nature, 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.
9. Intellectual Property:
Ambassador acknowledges and hereby agrees to grant The Foggy Dog the unlimited and unencumbered use of any and all work product developed by Ambassador in conjunction with the performance of services for The Foggy Dog. Work product includes but is not limited to all social media posts, pictures, images, videos, recordings, taglines, hashtags, posts, commentary, and designs.
a. Except where prohibited by law or regulation, Ambassador grants The Foggy Dog and its successors, assigns, licensees and designees permission to use Ambassador's name, Social Media Platform account name, photograph (including, but not limited to, Social Media Platform account profile photo), voice and/or other likeness, in all media now known or hereafter discovered (including, without limitation, on The Foggy Dog websites and via The Foggy Dog Social Media Platform accounts), worldwide in perpetuity, for any purpose without additional compensation, consideration, notification or consent.
b. Ambassador is not authorized to use any copyrighted content from any other companies to promote The Foggy Dog's brand.
The Foggy Dog will not be responsible for any disputes involving the unauthorized use of any other company's intellectual property.
10. Term and Termination:
The effective date of this agreement is June 1, 2024. The term of this agreement is one (1) year from the effective date. This agreement will automatically renew at the end of each term for successive one (1) year terms unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. Notwithstanding the foregoing, either party may terminate this agreement at any time, with or without cause.
11. Governing Law:
This Agreement shall be construed in accordance with the laws of the State of California. In the event that arbitration is unsuccessful, you agree to submit to venue and personal jurisdiction in any state or federal court sitting in the County of San Francisco, State of California in any action or proceeding arising out of or related, directly or indirectly, to this agreement.
12. Commission Credit:
As an Ambassador, you earn a standard commission rate of 10% for all Net Sales that you directly drive through your marketing efforts. Net Sales are defined as sales excluding any discounts, shipping, store credit, refunds, or taxes. Commissions are paid in the form of store credit valid for use at www.thefoggydog.com.
To receive credit for a purchase, the customer must have used your unique discount code during checkout at www.thefoggydog.com. You cannot receive commission on your own orders. Brand ambassadors are prohibited from sharing their unique codes on discount websites or sharing them in our paid ads on our social media channels. Any Ambassador found to commit commission fraud will be immediately removed from the Ambassador Program.
We reserve the right to reverse commissions due to returns, order cancellations and erroneous order duplications. We also reserve the right to defer or refuse commissions for disputed orders or orders we reject and cannot fulfill at our sole discretion.
Store credit will be issued at the end of the month for the previous month. For example, commissions earned in March will be paid out at the end of April. The minimum payout amount each month is $5.
13. Removal:
We reserve the right to remove any Ambassador from our Brand Ambassador Program.
14. Modification:
We may change the terms and conditions of this Agreement in the future. 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 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.
15. 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 oral, between the parties.