Thank you for your interest in becoming a Brand Ambassador (“Ambassador”, or “you”) with Misfits Market (“we” or “us”)! Misfits Market adheres to our mission and values in all business practices, and we expect our Ambassadors to uphold these qualities as further set forth in this Agreement. This Agreement will govern and incorporates by reference herein any project brief(s) that Misfits Market may elect to provide to you relating to performing services for us (each, a “Brief”), and together with any such Brief represents the complete and final agreement between you and Misfits Market relating to the services contemplated under such Brief. By accepting and/or providing the services contemplated in a Brief, you are hereby agreeing to be bound by the terms and conditions of this Agreement in all respects.
1. Assignment:
- You will take photographs and/or make video recordings as described in the Brief (together with any accompanying captions, the “Content”) and post the Content to your social feed and/or story on the schedule and in accordance with the directions in the Brief. Ambassadors will tag @misfitsmarket in all posts.
- The Content (i) must be original and must not infringe upon the intellectual property, privacy, or publicity rights of any third party and (ii) must not disparage or reflect negatively upon, or diminish the value or goodwill of, Misfits Market.
- You will clearly and conspicuously disclose your relationship to Misfits Market in accordance with Federal Trade Commission (FTC) guidelines by including #MMBrandAmbassador and any other language communicated to you by Misfits Market. This disclosure will be included within the first two lines of the captions of all feed posts and as text overlay to all story posts. You’re encouraged to reach out to Misfits Market with any questions regarding appropriate disclosure.
- You will not engage any act or omission which may be reasonably considered to be immoral, deceptive, scandalous, offensive, or obscene, or to otherwise injure, tarnish, damage, or negatively affect the reputation of Misfits Market, whether directly or through your association with Misfits Market. Please be aware that any failure to comply with this requirement may result in immediate termination of the agreement by Misfits Market and forfeiture of any rights to payment, and we may require that you immediately remove any existing Content.
2. Compensation: Misfits Market will compensate you as set forth in the Brief within thirty (30) days following satisfactory completion of the Assignment. You will be responsible for all expenses incurred in connection with the performance of any and all obligations under this Agreement
3. Misfits Market’s Usage: You will grant Misfits Market an unlimited, assignable, worldwide, royalty-free, right and license to link to, re-post, promote, and otherwise use the Content and your name, image, likeness, social media handle, and other identifying information associated with the Content on Misfits Market’s blog, websites, social media feeds, marketing emails, paid advertisements (including whitelisting on social media), and any other online or offline media, including, without limitation, to produce materials and other derivative works for advertising our products and brand, which we may publish in any manner, venue, format, or media at any time. You will take all actions reasonably necessary for Misfits Market to use the Content, including granting advertising access or adjusting other account permissions in order for Misfits Market to whitelist the Content.
4. Exclusivity: Beginning on the date that you first enter into any Brief with Misfits Market and continuing until three (3) months following your final post, you will not post any content to social media about any competitor of Misfits Market. For purposes of this Agreement, a competitor of Misfits Market is a company that delivers groceries or produce directly to customers through an e-commerce site.
5. Other Provisions: You acknowledge that your acceptance of this Agreement is not a guarantee that Misfits Market will engage your services for any Briefs. You will indemnify Misfits Market for any claims arising from your noncompliance with this Agreement. You hereby represent and warrant that you are 18 years of age or older and have the right to contract in your name with respect to matters stated herein. You may not assign this Agreement for any reason. This Agreement is governed by the laws of New York, and each party waives the right to trial by jury for any actions arising from this Agreement. Each party consents to the exclusive venue for any dispute relating to this Agreement in the state and federal courts located in New York County, New York. All legal notices will be sent by email to us at legalnotice@misfitsmarket.com and to you at your email address as provided to us, and will be deemed given when sent.