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The AMBASSADOR term of services

BRAND AMBASSADOR AGREEMENT

This Brand Ambassador Agreement “Agreement” describes the terms and conditions for participation in the cicbeauty  Ambassador Program collectively referred to as the “cicbeauty Program” or “Program” refer to promoting cicbeauty, the brand and it’s products, to potential cicbeauty customers in return for compensation related to individual performance.

The terms "Cic’s/CicAmbassador," “you," and "your" are referring to you, the applicant. cicbeauty is the registered trademark of Candi LLC and this Agreement refers to as "We" and "our".

We are independent parties and this Agreement will not form any partnership between you or cicbeauty in any extent other than what this agreement describes.

AGREEMENT DURATION

Your designation as a cicbeauty Ambassador will only be valid upon the acceptance of your Ambassador Application by cicbeauty. cicbeauty can terminate this Agreement at any time without cause or by violation of any terms of this Agreement. Termination may happen at any time, with or without cause, by giving the other party notice of termination. This Agreement will and can be updated at any time by a cicbeauty executive without immediate notification to current or potential applicants.

MODIFICATION

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of  commission fees, fee schedules, payment procedures and program rules. If any of the modifications are unacceptable to You, Your only recourse is to terminate this Agreement with a signed and e-mailed letter of termination. If you continue participation in the program following the posting of a Change Notice or new Agreement, it will be considered as your acceptance of the change.

ORDER PROCESSING

For a sale to generate a commission to an Ambassador, the customer must successfully complete a purchase of cicbeauty products using a unique code designated to You. It is the responsibility of the Ambassador to become familiar with the cicbeauty website and electronically generated linking process. cicbeauty will not be responsible for commissions not clearly attributable to the Ambassador via exclusive code process outlined herein.
The information in this document is confidential, please do not share any of this information with anyone (Copyright 2019 Candi LLC).

WEBSITE RESTRICTIONS

Selling outside of the cicbeauty.com shopping cart is strictly prohibited including but not limited to websites such as Amazon.com, Ebay.com, Craigslist.com, etc. or any online retailer, distributor, coupon code site, blog site or website store front. Using “cicbeauty” in any domain name is strictly prohibited.

RESTRICTIONS RELATED TO STATEMENTS OR CLAIMS

 As an Ambassador, You are asked to share the many benefits of the cicbeauty products. You are strictly prohibited from making any claim not approved by cicbeauty. You may not prescribe, recommend, communicate or advise using cicbeauty products to treat any illness or condition. You may not make any health claim of any kind without the express written permission of cicbeauty.
You are encouraged to highlight the many benefits of cicbeauty products including any information from the website and the assets that are provided for you through the cicbeauty Ambassador Program website.

If a potential customer wants to purchase a cicbeauty product, we recommend that you provide your honest opinion of the product, its use and your personal experience with it. As an Ambassador, you are only sharing your unique discount code with your network; anyone in your community, your clients, your friends, your family, any posts on your social channels (Facebook, Instagram, Youtube, Twitter, etc.), any posts on blogs, or external websites.

If you recommend, tell or advise using any cicbeauty product to your network or to any potential customer using any false claims, you or any Ambassador will be held solely liable for that customer as we will not be held liable under this Agreement. We ask that you share with us any posts you have made referencing cicbeauty and the Ambassador program. cicbeauty has the right to require you or any Ambassador to remove any posts or reference online or in public, made by you or any Ambassador at anytime.

As an Ambassador, you agree to not share your Ambassador code on any of the cicbeauty Social Media channels or online networks including our website or blog. cicbeauty has the right to delete or hide any post made on our channels as unacceptable.

For example:

It is OK to comment on any cicbeauty’s page: "cicbeauty’s neo-powder is a great purchase, it’ smells amazing and leaves my hair soft and shiny. I recommend it to all my family and friends. I became a cicbeauty Ambassador because I love representing the brand"

NOT OK to comment on a cicbeauty page: "cicbeauty is great, message me, I have an Ambassador discount to get you 30% off the cicbeauty hand-held infuser"

The information in this document is confidential, please do not share any of this information with anyone (Copyright 2019 Candi LLC)

cicbeauty will be solely responsible for processing every order placed by a customer through our ads, text links or buttons placed in your website or blog, Facebook page, Twitter feed and emails. Customers who purchase products through the cicbeauty website are deemed to be customers of cicbeauty. Prices and availability of our products may vary from time to time. cicbeauty policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.

cicbeauty reserves the right not to accept any site, organization or individuals into the Ambassador Program based on a background check of social, personal and site content.

Individuals do not qualify for the Ambassador Program if such sites or social sites are:

• X- rated and promote sexually explicit materials
• Promoting violence and discord
• Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promoting illegal or questionable activities
• Violating intellectual property rights

As a condition to your acceptance and participation in the Program, you will comply at all times with all federal, state, provincial and foreign laws, statutes, ordinances, rules, regulations, orders, judgments and decrees applicable to you, your Sites, your business and your participation in the Program. In addition, you will NOT:

a) Use the name " cicbeauty " or any variation thereof, in any manner not expressly authorized by this Agreement.

b) Use or otherwise incorporate the words " cicbeauty " or variations or misspellings thereof in the domain names of your site, on any meta tags of web pages comprising your site, in hidden text or source code, or in searchable keywords.

c) Engineer your site in such a manner that pulls or diverts internet traffic away from the cicbeauty Site.

d) Attempt to modify or alter our site or any site with which we are affiliated in any way.

e) Make any representations, either express or implied, or create an appearance, that a visitor to your site is visiting our site (for example, "framing" our Site), without our express prior written approval.

f) "scrape" or "spider" our Site or any other cicbeauty Site for content (such as images, logos or text).

g) Generate or send any email messages using or containing our name or logo, or any variation thereof, any of our Trademarks (as defined below) or any of our products, without our express prior written permission.

h) Forward, redistribute, or otherwise repurpose any email communications or newsletters that we send to our affiliates or customers.

i) Generate or send any unsolicited email (spam) under this Agreement.

j) Modify price information regarding our products or offers on your site.  

k) Create, link to or host any type of shopping cart between our site and your site.

Violation of this Agreement may result in, among other things, the immediate termination of this Agreement and the commencement of an action by us against you seeking, without limitation, injunctive relief and recovery of actual, statutory and punitive damages.

The information in this document is confidential, please do not share any of this information with anyone (Copyright 2019 Candi LLC)

We have the right in our sole and absolute discretion to monitor your program at any time and from time to time to determine whether you are in compliance with the terms of this Agreement, and you agree to provide us with unrestricted access to your site and/or social media posts for that purpose.

SPAM

cicbeauty in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Ambassadors are expected to adhere to this policy as well. Violation of this policy will result in the termination of this Agreement and immediate dismissal from the Ambassador Program, with no due compensation.

PUBLICITY

You will not create, publish, distribute, or permit any written material (e.g., press releases, marketing material (Physical or Electronic) that makes a reference to us without first submitting such material to us and receiving our prior written consent, which we may withheld, delayed or conditioned in our sole discretion.

Email all content and questions to info@cicbeauty.com.

 

SOCIAL MEDIA SHARING AGREEMENT

* You may be viewing this license agreement on a small screen. If so, here are the highlights of the License Agreement below (but please read the agreement).

* You own the Content. Nothing in this license agreement changes that.

* You are giving cicbeauty a license to use the Content on cicbeauty websites, apps, e-mail, and social media, including for promotional purposes.

* You are also giving cicbeauty a license to use your name and image and other biographic material in conjunction with the Content.

* You are releasing cicbeauty from any liability and you promise not to sue cicbeauty for its use of the Content as described.

 1. You represent and warrant that you are at least 18 years old.

 2. You represent and warrant that you (a) that you have all rights, permissions and consents necessary to post and use such Content (including, but not limited to, the right to use names, images and likenesses of  cicbeauty referenced or appearing in the Content); (b) have all rights necessary to provide cicbeauty and its affiliates, agents, representatives, licensees and assigns (collectively, cicbeauty) with the license and rights set forth in Section 4 below; and (c) have complied with all applicable laws and regulations associated with acquiring and/or producing the Content. For the purposes of this Agreement, “Content” means photographs, text, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow cicbeauty to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.

3. You hereby grant to cicbeauty a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, on cicbeauty social media accounts, on or in any digital platforms of cicbeauty (including websites, apps and e-mail), and on third-party websites and apps for any purpose, including for promotional and publicity purposes. For purposes of clarification and not limitation, (a) this license includes, and you expressly consent to, cicbeauty right to use and publicly display your name, image, likeness and persona; and (b) nothing in this license transfers your ownership of the Content to cicbeauty. Nothing in this license requires cicbeauty to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.

4. Any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with cicbeauty (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at cicbeauty’s  request.

5. You understand that you will not be paid for cicbeauty use of your Content as described in this License Agreement. Each of us will bear our own expenses associated with this License Agreement.

6. You agree to take any actions (including execution of documents) reasonably requested by cicbeauty to effect, perfect or evidence the representations and/or licenses and rights set forth in this License Agreement.

7. You agree that you will not submit Content that: infringes any patent,trademark, trade secret, copyright or other intellectual or proprietary right of another; includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful to Pelican Hill or any other person or depicts the use of a product in a manner that is contrary to any instruction or warnings relating to the product; impinges upon or violates the publicity, privacy or data protection rights of others or makes or includes false or misleading statements, claims or depictions about a person, company, product or service.
Without limiting the foregoing, you agree that in conjunction with the production of your Content, you have not inflicted emotional distress or abuse on other people, have not publicly humiliated other people, have not assaulted, stalked or threatened other people, have not entered onto private property without permission, have not impersonated any other person or misrepresented your affiliation, title, or authority, and have not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. cicbeauty will reject and/or remove any Content in which cicbeauty believes, in its sole discretion, that any such activities have occurred.

8. To the fullest extent allowed by law, you agree to release, discharge and indemnify cicbeauty and its employees, contractors, sponsors or any other person acting under cicbeauty permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. You further agree to waive any rights to injunctive relief you may have in connection with this License Agreement.

9. This is the entire agreement between you and cicbeauty in relation to the Content you’re licensing. If a court finds any provision of this License Agreement to be unreasonable or unenforceable in any respect, you agree that this License Agreement will nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable.

10. This License Agreement will be governed by applicable federal law and the laws of the State of Florida, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of cicbeauty rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).

 

LIMITED LICENSE AND USE OF THE CICBEAUTY TRADEMARKS & ASSETS

Your license to use the Licensed Materials is also subject to the following guidelines:

- You may use the Licensed Materials only for purposes expressly authorized by us in this Agreement or otherwise in writing.

- You may not alter, modify, or change the Licensed Materials in any way; for example, you may not change the proportion, color, or font of any trademark.

- You may not display the Licensed Materials in any manner that implies our sponsorship or endorsement of your products, services or site outside of your involvement in the Program.

- Each of our trademarks must appear by itself and must be surrounded by sufficient empty space on all sides in order to avoid unintended associations with any other objects (including type, photography, borders and edges).

- You may not copy or use any image on our Site, except for those links or photos specifically provided to you under this Agreement.

- You will not purchase or otherwise contract with a third party to exploit any of our marks for the purpose of causing your site to appear as a search result or for any other reason.

 

RELATIONSHIP BETWEEN PARTIES

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales Ambassador, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

CONFIDENTIALITY

Except as otherwise provided in this Agreement or with our prior written consent, you agree that all information, including the terms of this Agreement, our business and financial information, our customer lists, vendor lists and our pricing and sales information, will remain strictly confidential and will not be disclosed to any third party and will not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose, except and solely to the extent that any such information is generally known or available to the public through a source or sources other than you or your affiliates. Notwithstanding the foregoing, you may deliver a copy of any such information (a) pursuant to a subpoena issued by a court of competent jurisdiction or administrative agency, (b) to Your accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation or legal process, provided you give us reasonable advance notice of such delivery and use your reasonable efforts to ensure that any such information is accorded confidential treatment by the person to whom it is delivered.

LIMITATION OF LIABILITY

We will not be liable (whether in contract or based on warranty, negligence, tort, strict liability or otherwise) for indirect, special, exemplary, consequential or incidental damages, or any loss of revenue, profits or data, arising in connection with this Agreement, the Ambassador Program, or even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total salary / commissions paid or payable to you under this Agreement. You recognize and acknowledge that this limitation of damages is fair and reasonable.
The information in this document is confidential, please do not share any of this information with anyone (Copyright 2019 Candi LLC)

COMMISSION FEES

You will have the ability to earn commission for each sale:

• 10% commission on the sale of a cicbeauty product directly purchased from the cicbeauty.com website using your custom Ambassador promotional code.

• commission on every cicbeauty product will go up depending on Ambassador productivity brought on by you and that those that are on your Ambassador team.

You will be paid your earned Commissions on a monthly basis. You are solely responsible for any and all tax obligations, if any, due to all taxing authorities arising from or in connection with your participation in the Ambassador Program, including taxes resulting from payment of Commissions to you. We reserve the right to withhold payment pending an investigation of suspected fraud or misrepresentation of associated Commissions for orders or referrals that were obtained fraudulently or through misrepresentation.

We are obligated by U.S. federal law to obtain tax information from Ambassadors who are U.S. citizens, U.S. residents or U.S. corporations and from Ambassadors who are not U.S. citizens or residents but whose businesses are taxable in the U.S. If we believe you are an Ambassador from whom we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your Commissions until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.


EVALUATIONS

Each Ambassadorship is evaluated monthly to gauge productivity, success rate and program participation. Your monthly evaluation will determine your qualification for increased commissions and increased discounts for your clients.

If evaluation results do not meet cicbeauty expectations no increase in commissions may occur. However, if the evaluation results are meeting cicbeauty expectations or exceed them an increase in commissions will go into effect immediately.

Results of the monthly evaluation can lead to immediate termination of the Ambassador agreement and relationship if we do not feel that the participation is at an expected level and/or there have been any violations of this agreement.


INDEMNIFICATION

You hereby agree to indemnify and hold harmless cicbeauty, our affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders and members, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including court costs and reasonable attorney's fees), even if such claims are groundless, fraudulent or false (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on or connected with (i) any breach or alleged breach of any representation, warranty, covenant or agreement made by you herein, including claims for unsolicited email (spamming) or other violations of rights of privacy or activities of your Site (including without limitation any activities or aspects thereof or commerce conducted thereon) or your business, (iii) your misuse, unauthorized modification or unauthorized use of the services or materials provided by us, (iv) the development, operation or maintenance of your Site, or (v) any actual or alleged infringement by you of any intellectual property rights or other rights of any person or entity.

In our sole discretion, we may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. We may participate in the defense of all claims as to which we do not assume defense and control, and you will not settle any such claim without our prior written consent.

We hereby agree to defend, indemnify and hold you harmless from all claims, damages, and expenses (including attorneys' fees and costs of litigation) relating to your use of any Candi LLC and cicbeauty content in accordance with the terms of this Agreement, and the development, operation, maintenance or content of our Site and its business.


Assignment

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.

Notice

Any notices required or permitted by this Agreement must be delivered to us via nationally recognized overnight courier service to:

Candi LLC 3532 N Federal Highway, Ft. Lauderdale, FL 33308

Any notices required or permitted by this Agreement or communications in connection with the program will be sent to you by us via e-mail at the address you provided in your Brand Ambassador Application.
The information in this document is confidential, please do not share any of this information with anyone (Copyright 2019 Candi LLC)


ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement between the parties with regard to the subject matter hereof and supersedes all prior Agreements and understandings, both written and oral.

In addition to, and without limiting your obligations under this Agreement. The headings of sections or other subdivisions of this Agreement will not affect in any way the meaning or interpretation of this Agreement.

DISCLAIMER

We make no express or implied warranties or representations with respect to the Ambassador Program or your potential to earn income from the Ambassador Program. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for website down time.

This Agreement will be governed by the laws of the United States and the State of Florida, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

By submitting and signing this Ambassador Agreement, You acknowledge that you have completely read and understand this Agreement and any updated Ambassador Agreement going forward and agree to all its terms and conditions listed, including all Ambassador and cicbeauty product information including but not limited to, cicbeauty Marketing Information, cicbeauty Ambassador Overview, cicbeauty Ambassador Commissions and site pages of cicbeauty.com. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

Once you have read the entire Agreement, complete the contact form @ http://www.cicbeauty.com/AAgreement and press “Submit”. Pressing the “Submit” button will indicate you have completely read the terms of Service, Ambassador Agreement & Privacy Policy as well as agree to represent the cicbeauty brand in the most appropriate and respectful way to all networks and through public messaging.

The information in this document is confidential, please do not share any of this information with anyone (Copyright 2019 Candi LLC)

 

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