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Terms and Conditions
NU STANDARD AMBASSADOR AGREEMENT
This Nu Standard Ambassador Agreement (the "Agreement"), is by and between CBY BEAUTY, INC. of Dallas, Texas ("CBY"), and of Ambassador ("AMB") and made effective as of the date of the acceptance of these terms.
In consideration of the covenants and promises contained herein, the sufficiency of which is hereby expressly acknowledged by both parties, CBY and Ambassador hereby agree as follows:
1. Ambassador Services. Ambassador will (i) sale CBYs hair vitamins and women's haircare products; and (ii) act as a referral source for CBYs Nu Standard Subscribers (by engaging in social media engagement?). The sales and digital services that Ambassador will perform in connection with this engagement include the following:
A. Ambassador Sales Services
Procure Nu Standard Subscriptions (hereafter, "Direct Subscriptions" or "Direct Subscribers"); Promote and sell CBYs hair vitamin and women's haircare products directly to the consumer market (hereafter, "Direct Market Sales" or "DMS"), and act as sales-liaison between CBY and DMS consumers.
B. Ambassador Social Media Posting | Website Blogging Services
(i) post and blog CBYs hair vitamin and women's haircare products; and (ii) refer prospective customers to CBY’s Website through the affiliated link provided..
C. Direct Subscriptions. For purposes of clarity, all subscriptions procured through Ambassador shall be automatically assigned to Ambassador as "Direct Subscribers".
2. Commissions; Assigned Customers; Invoices; Payment; and Chargebacks.
A. Direct Market Sales Commissions. As compensation for the Services set forth in Section 1A above, CBY agrees to pay Ambassador a commission of at least 15 percent (15%) of the net sales amount (i.e. excluding shipping and sales taxes) of all CBY hair vitamin and women's haircare product sales to transactions ("DMS Commissions"). Ambassador is responsible for ensuring DMS sales obtain an Affiliated Link and/or Nu Standard™ Code.
B. Direct Subscriber Commissions, Fees. As compensation for Ambassador's procurement of "Direct Subscribers" (as defined in Section 1C above), CBY agrees to pay Ambassador a commission of at least 15 percent (15%) of the net sales amount on all CBY hair vitamin and women's hair care products sales to Ambassador's Direct Subscribers ("Direct Subscriber Commissions").
C. Expenses. Ambassador agrees to assume all expenses incurred in connection with the provisioning of Services described in Section 1 above unless Ambassador obtains CBYs prior written agreement to reimburse such expense.
D. Commission Statement; and Cycle. CBY agrees to furnish AMB an electronic copy of all commission statements containing DMS and Subscriber name, Nu Standard number, email address, and the shipment date of all hair vitamin and ethnic women's haircare products sold to AMBs (i) DMS, and (ii) Direct and Assigned Subscribers on or before the first business day of each month, covering the amount of net sales for the previous sales cycle, along with a statement showing the amount of commissions due AMB. The commission cycle starts on the 1st of each month and ends on the last day of the month.
E. Payment. Payment will be delivered on the fifth business day of each month via direct deposit, postal mail or PayPal.
. Ambassador acknowledges and agrees that CBY will chargeback all commissions paid on canceled sales.
3. Independent Contractor Status; Taxes. Ambassador acknowledges that Ambassador has ongoing business venture(s) independent of, and not in conflict with, this engagement with CBY, and although CBY shall provide general time guidelines concerning completion of the Services to be performed pursuant to Section 1B above, Ambassador is free to determine the method and time of performing the Services described in this Agreement. Accordingly, Ambassador acknowledges and agrees that Ambassador's status under this Agreement shall be that of an independent contractor and not that of an employee of CBY. Ambassador further acknowledges that as an independent contractor Ambassador will be solely responsible for and pay all applicable Social Security taxes and any other taxes due from Ambassador in connection with the Services provided under this Agreement, including but not limited to, all federal, state and local income taxes, employment or self-employment taxes, and all withholding taxes relating to any employee of Ambassador.
Ambassador further acknowledges and understands that CBY will report payments to Ambassador for the Services on Ambassador will be required to provide CBY a federal tax identification number, as well as a state business identification (if applicable).
4. Confidential Information. Ambassador acknowledges that in the course of his or her Services for CBY, Ambassador will acquire, have access to and/or develop information and knowledge with respect to the following "Confidential Information": (i) confidential business operations, procedures, long range plans, short range plans, pricing, business contacts and the like, (ii) intellectual properties, technologies, ideas and the like, (iii) computer programs, designs, applications and software, and (iv) any other item or matter that CBY would reasonably desire to have kept confidential. Ambassador agrees that (i) Confidential Information is proprietary to CBY and (ii) at no time during the term of this Agreement or at any time after the termination of this Agreement will Ambassador use (for Ambassador's benefit) or disclose to anyone else, Confidential Information except in performance of the Services for CBY. On termination of this Agreement, Ambassador shall not be entitled to keep or reproduce Confidential Information in any form, and shall promptly return any Confidential Information to CBY. Confidential Information does not include information in the public domain.
5. Ownership of Intellectual Property. All intellectual property, technology, ideas and all Confidential Information (as defined at Section 4, above) of CBY is and shall be the sole property of CBY. Ambassador agrees that, at any time requested by CBY (both during or after the term of this Agreement), Ambassador shall (i) deliver to CBY any and all documents, electronically stored information, property or the like relating to the property described in this Section 5 and Confidential Information, and (ii) execute any documents of assignment to document CBY's ownership of the same.
6. Non-Competition; Confidentiality. Ambassador agrees that during the term and for a period of one (1) year after the termination of this Agreement, Ambassador will not sale, promote to, or direct Assigned Subscribers hair vitamin or ethnic women's haircare products that compete with CBYs hair vitamin and ethnic women's haircare products.
7. Enforcement. AMBASSADOR ACKNOWLEDGES THAT ACTUAL OR THREATENED BREACH OF SECTIONS 4, 5, OR 6 COULD CAUSE IRREPARABLE HARM TO CBY; AND, IN THE EVENT OF AMBASSADORs ACTUAL OR THREATENED BREACH OF ANY SAID SECTION, CBY MAY SEEK AN INJUNCTION OR RESTRAINING ORDER RESTRAINING AMBASSADOR WITHOUT PROOF OF MONETARY DAMAGES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS PREVENTING CBY FROM PURSUING ANY OTHER AVAILABLE REMEDIES FOR SUCH BREACH OR THREATENED BREACH, INCLUDING THE RECOVERY OF DAMAGES FROM AMBASSADOR. THE TERMS OF THIS PARAGRAPH AND SECTIONS 4, 5 AND 6 SHALL BE CONTINUING COVENANTS THAT SURVIVE TERMINATION OF THIS AGREEMENT.
8. Notices. Any notices given in connection with this Agreement shall be given in writing and shall be sent by Certified Mail, Return Receipt Requested, to the address stated under each party's signature below. Either party may change its address stated herein by giving notice of the change in accordance with this section.
9. Term and Termination. This Agreement shall begin on the Effective date, continue for a period of one (1) year therefrom, and be automatically renew from year to year with the same terms and provisions unless terminated sooner in the manner provided herein. Either party shall have the right to terminate this agreement prior to the expiration of the term, provided written notice of intention to terminate is given to the other party at least 60 days before the commencement of the next selling season. The effective date of termination in any event as a result of proper notice given as herein provided, shall be the date of commencement of the next selling season. Ambassador shall receive 100% of all sales commissions due from sales thru the effective date of termination.
10. Representations and Warranties. AMBASSADOR REPRESENTS AND WARRANTS THAT: (A) AMBASSADOR HAS THE RIGHT TO ENTER INTO THIS AGREEMENT, TO GRANT THE RIGHTS GRANTED HEREIN AND TO PERFORM FULLY ALL OF THE OBLIGATIONS IN THIS AGREEMENT; (B) AMBASSADOR's ENTERING INTO THIS AGREEMENT WITH THE COMPANY AND PERFORMANCE OF ALL HIS OR HER OBLIGATIONS HEREIN DO NOT AND WILL NOT CONFLICT WITH OR RESULT IN ANY BREACH OR DEFAULT UNDER ANY OTHER AGREEMENT TO WHICH THEY ARE SUBJECT; AND (C) AMBASSADOR WILL NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR COMMITMENTS BINDING THE CBY WITHOUT THE PRIOR WRITTEN CONSENT OF THE CBY.
11. Indemnification. CBY agrees to indemnify and save Ambassador harmless from any and all liability, loss, or damage, including reasonable attorney's fees, which Ambassador may suffer as a result of claims, demands, costs, or judgments against Ambassador arising out of lawsuits related to Ambassador's sale of CBY hair vitamin and women's haircare products.
12. Severability. If any provision of this agreement shall be found invalid or unenforceable to any extent, the remainder of this agreement, or the application thereof to other situations, shall not be affected thereby. This agreement shall be binding and inure to the benefit of the parties and their personal representatives, successors and assigns permitted by CBY.
13. Entire Agreement. The parties hereto agree that this agreement constitutes and expresses the whole agreement of the parties with reference to the representation, and compensation for or in respect to the Ambassador's efforts on behalf of the CBY, and all promises, undertakings, representations, agreements, and understandings and arrangements entered into between the parties herein. No alterations or variations of the terms of this agreement shall be valid unless made in writing, dated, and signed by both parties. It cancels and supercedes all prior agreements and understandings.
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