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Cowboy Snapback LLC ("Cowboy Snapback") is engaged in the business of formulating, manufacturing, marketing, and selling nutritional products, supplements, and branded apparel and accessories (collectively, “Products”). Cowboy Snapback desires to retain you as a Cowboy Snapback® Brand Ambassador, subject to the terms and conditions set forth below.


Assuming that Cowboy Snapback accepts your application to become a Cowboy Snapback® Brand Ambassador, this Agreement between Cowboy Snapback and you (this “Agreement”) contains the complete terms and conditions that apply to (1) your participation as a Cowboy Snapback® Brand Ambassador, and (2) the establishment of links from your Brand Ambassador website to Cowboy Snapback’s website, https://cowboysnapback.com.


Definitions

Customer: The user sent to Cowboy Snapback’s website via your Brand Ambassador link. You: The Cowboy Snapback® Brand Ambassador candidate who will be advertising links/promotions of Cowboy Snapback® Products from his or her Brand Ambassador website to Cowboy Snapback’s website.


Enrollment in the Cowboy Snapback Brand Ambassador Program

You must first submit a complete Cowboy Snapback® Brand Ambassador Program application. Cowboy Snapback will evaluate your application and will notify you of your acceptance or rejection in three (3) to five (5) business days. You agree that Cowboy Snapback may reject your application if it determines (at its sole discretion) that your site is unsuitable for the Cowboy Snapback® Brand Ambassador Program for any reason. If Cowboy Snapback rejects your application, you are welcome to reapply to the Cowboy Snapback® Brand Ambassador Program at any time.


Term and Termination

If Cowboy Snapback accepts your application, the term of this Agreement shall commence immediately upon Cowboy Snapback’s acceptance of your application and shall continue until the Agreement has been terminated by either party. Either party may terminate this Agreement without cause. You agree to provide thirty (30) days' advance written notice to Cowboy Snapback of your termination of this Agreement. Cowboy Snapback may terminate this Agreement immediately without advance notice. Upon termination by Cowboy Snapback, Cowboy Snapback may (i) immediately suspend, limit or terminate your access to any Cowboy Snapback account, and (ii) instruct you to cease all promotional activities or make clarifying statements, upon which instruction you agree to immediately comply.


Material Disclosures and Compliance with Federal Trade Commission (“FTC”) Guidelines

The FTC has clearly defined best practices for affiliate marketers, and you must comply with these practices while performing your duties as a Brand Ambassador.


Download and review the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising: http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf, and the FTC’s Disclosures 101 for Social Media Influencers: https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf


When publishing posts/statuses about Cowboy Snapback or Cowboy Snapback’s Products or services on your website, social media, video format, or any other medium, you must clearly disclose that you are a Cowboy Snapback® Brand Ambassador and your “material connection” to Cowboy Snapback, including that you were given any consideration, were provided with certain experiences, or are being paid for a particular service. The above disclosure should be clear and prominent and made near any statements that you make about Cowboy Snapback or Cowboy Snapback’s products. This disclosure is required regardless of any space limitations of the medium (e.g., Twitter), where the disclosure can be made via Hashtags, e.g., #sponsored.


Your statements should always reflect your honest and truthful opinions and actual experiences. You should only make factual statements about Cowboy Snapback or Cowboy Snapback’s Products that you know for certain are true and can be verified. You must not misrepresent yourself as a "typical result" or as a "typical customer" when you promote Cowboy Snapback® Products. You must be transparent and authentic.


You agree to avoid sites or use verbiage making medical claims regarding Cowboy Snapback’s Products or services (i.e., "the curing or recession of a disease or ailment").

Exclusive Promotion

Your promotion of Cowboy Snapback is exclusive to Cowboy Snapback during the term of this Agreement, and you will not work for or promote the nutritional, dietary, and protein supplements of a competitor or other company, including but not limited to protein powders, pre-workout, energy drinks, and sports nutrition supplements.


You may compare Cowboy Snapback’s Products to those of a competitor but may not promote a competitor’s products in any way in your posts.

Conduct

All blog posts, social media statuses, tweets, and/or comments should be in good taste and free of profane or inappropriate language and/or any content promoting bigotry, racism, or discrimination based on race, gender, religion, national origin, disability, sexual orientation, physical disability, or age. To that end, you agree to avoid sites that promote in any way (i) sexually explicit material or violence; (ii) discrimination based on race, gender, religion, national origin, sexual orientation, physical disability, or age: (iii) illegal activities; and (iv) hate speech or hate of any kind.


You agree to act professionally and positively when promoting Cowboy Snapback’s products, to maintain the highest ethical standards and to avoid even the appearance of impropriety.


Spam

You agree that you will not utilize spam or send junk or unqualified traffic in promoting Cowboy Snapback and Cowboy Snapback® Products. This includes Twitter spam and social media spam. Doing so will result in the immediate termination of your account with a cancellation of any pending commissions. You will also be held in violation of this Agreement and subject to legal action and be held liable for any financial loss incurred by Cowboy Snapback. Any service interruptions to Cowboy Snapback's website as a result of spamming will be billed to you at $500 per hour until service is restored.


For purposes of this Agreement, spam is defined as emailing anyone regarding Cowboy Snapback, in bulk or by single mailing, who has not specifically requested the information directly from you. Any type of advertisement about Cowboy Snapback posted to a newsgroup or chat room not sponsored by the Cowboy Snapback® Brand Ambassador program is considered spam.


An exception to this definition is mailing to appropriate opt-in mailing lists when the source does the mailing on your behalf. However, you must use extreme caution when choosing an opt-in mailing list company. Using anything but the most reputable sources could generate spam complaints against Cowboy Snapback or the Cowboy Snapback® Brand Ambassador Program, resulting in your suspension or termination.


You may include information about Cowboy Snapback in email acknowledgment messages for orders and inquiries that you receive so long as it is stated upfront that you will be sending them an acknowledgment.


Coupon Code and Sites

You must not post personal coupon codes on any coupon code sites or forums or on any Cowboy Snapback social media advertisements, promotions, or any other Cowboy Snapback® Brand Ambassador pages, posts, or groups. To do so is in violation of this Agreement, which will disqualify you from receiving your commissions and may result in your suspension or termination from the Cowboy Snapback® Brand Ambassador Program. Cowboy Snapback reserves the right to disable any code that is found or promoted on any coupon code site, including Reddit or any other social media forum dedicated to coupon codes and discounts.


Compensation

You will earn a commission of 15% on any completed orders for products made by Customers using the tools provided to you by Cowboy Snapback to make those orders, such as promo codes, store links, and sampler links.


You will be paid via store credit on the fifth day of each month for the previous month’s earnings if you earn less than $25.00. If you earn more than $25.00, then you will be paid via PayPal on the fifteenth of each month for the previous month’s earnings. All store credit payments receive a 10% bonus when you choose to be paid via store credit instead of PayPal.


There will be no commission payments on the one-time 50% off code. If your only purpose in joining the Cowboy Snapback® Brand Ambassador Program is to obtain the benefits without following the guidelines, you will be dismissed from the program, and further actions may be taken. Cowboy Snapback tracks and reconciles every sale. Cowboy Snapback also tracks and records every individual who receives any of the incentives provided by Cowboy Snapback.


Promotion of the Cowboy Snapback® Brand Ambassador Relationship

As a Cowboy Snapback® Brand Ambassador, Cowboy Snapback will make available to you resources (each of these resources sometimes being referred to herein as "Resources" or, individually, as a "Resource") and banners, which, subject to the terms of this Agreement, you may display as often and in as many areas on your site as you desire and with Cowboy Snapback’s consent. The Resources will serve to identify your site as a member of the Cowboy Snapback® Brand Ambassador program and will establish a Resource from your site to the Cowboy Snapback site.


Subject to the terms of the clause below, Cowboy Snapback will provide you with graphic images or text provided by us (and subject to change from time to time at Cowboy Snapback’s sole discretion). These Resources will connect your site directly to Cowboy Snapback’s site. By utilizing these Resources, users of your site will be able to order directly from Cowboy Snapback any Products that were described or referenced on your site.


You agree that Cowboy Snapback may update, edit, modify and add its logo to any photos that you send to Cowboy Snapback. It is your responsibility to obtain approval from the photographer before you send the photos to Cowboy Snapback.


In utilizing the Resources, you agree that you will display on your site only those graphic images (indicating a Resource) that are provided by us, or that you create in good taste as determined by Cowboy Snapback. All Resources may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of Cowboy Snapback and you. You agree that each Resource connecting users of your site to the pertinent area of the Cowboy Snapback site will in no way alter the look, feel, or functionality of Cowboy Snapback’s site.


Market Confusion

You agree to refrain from using Cowboy Snapback in your Instagram username. Written approval from Cowboy Snapback’s Chief Executive Officer is required to do so.


Cowboy Snapback's Responsibilities

Cowboy Snapback is responsible for providing all information necessary to allow you to make appropriate links from your site to the Cowboy Snapback® site. Cowboy Snapback is solely responsible for processing every order placed by a customer following a special link from your site, for tracking the volume and number of sales generated by your site, and for providing you information regarding sales statistics. Cowboy Snapback is responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.




Your Legal Responsibilities

You agree to comply with the FTC guidelines and marketing regulations referenced above and with Cowboy Snapback’s Brand Ambassador Social Media Policy. You are solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable FTC disclosure, copyright, and other laws. You must have express permission to use another party's copyrighted or other proprietary material. You agree that Cowboy Snapback is not responsible for any such violations on your part as contemplated herein. For additional information regarding your responsibility to ensure proper FTC disclosures and to comply with all FTC guidelines, please visit the FTC website.


Compliance with this Agreement

Cowboy Snapback has the right in its sole discretion to monitor your site at any time to determine if you are following the terms of this Agreement.


Cowboy Snapback will monitor for FTC compliance to ensure that your disclosures are adequately added and that you are complying with FTC guidelines. You are expected to comply with all FTC guidelines.


Contests and Promotions

You are entitled to participate in and promote on your site any sweepstakes, contests, and special promotions that Cowboy Snapback may offer. You may earn commissions that are derived only from offers and promotional tools provided explicitly by Cowboy Snapback for use on your site.


The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this Agreement and your removal as a Brand Ambassador.


Giveaways

Cowboy Snapback is not responsible for the cost, shipping, or promotion of your personal giveaways. You are responsible for the purchase, shipping, and advertising of items for your personal giveaways.


SMS Consent

You agree to receive text messages from Cowboy Snapback at the number that you provide to Cowboy Snapback when you apply to become a Cowboy Snapback® Brand Ambassador. Message and data rates may apply. Message frequency varies. You can unsubscribe afterwards at any time by replying STOP to cancel. View Cowboy Snapback’s Privacy Policy.


Report of Sales

You will be given a username and password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis.




Policies and Pricing

Customers who buy Cowboy Snapback's Products through Cowboy Snapback® Brand Ambassador Program codes will be


 deemed to be customers of Cowboy Snapback. Accordingly, all of Cowboy Snapback’s rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. Cowboy Snapback may change its policies and operating procedures at any time. For example, Cowboy Snapback will determine the prices to be charged for its Products sold under the Cowboy Snapback® Brand Ambassador Program in accordance with its pricing policies. Cowboy Snapback’s prices and Product availability may vary from time to time. Because price changes may affect Products that you already have listed on your site, you should update pricing often or not include price information in your Product descriptions.


Publicity

You will not make any personal appearances or create, publish, distribute, or permit any written material that refers to Cowboy Snapback without first submitting such material to Cowboy Snapback and obtaining Cowboy Snapback’s written consent.


Licenses and Use of Cowboy Snapback’s Logos and Trademarks

COWBOY SNAPBACK GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS ITS SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE ITS LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO COWBOY SNAPBACK (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR COWBOY SNAPBACK. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE COWBOY SNAPBACK® BRAND AMBASSADOR PROGRAM.


You shall not make any specific use of any Licensed Materials for purposes other than selling Products on your site for Cowboy Snapback, without first submitting a sample of such to Cowboy Snapback and obtaining the prior written consent of the Cowboy Snapback® Brand Ambassador Program manager. Cowboy Snapback reserves all of its rights in the Licensed Materials and of its other proprietary rights. Cowboy Snapback may revoke your license at any time by giving you written notice of the revocation.


Promotion of Products on Prohibited Sites

Promotion or sale of Cowboy Snapback® Products through Google Shopping, Amazon, eBay, or other product listing ads or sites (either owned or not owned by you) is prohibited unless express written permission is provided by Cowboy Snapback.


Confidentiality and Non-Disclosure

Cowboy Snapback may disclose certain of its confidential and proprietary information (the "Confidential Information") to you. Confidential Information shall include all data, materials, products, production methods, proprietary vendors, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, training materials, and other information disclosed or submitted, orally, in writing or by any other media, to you by Cowboy Snapback. All Information disclosed orally shall be considered Confidential Information, unless identified as non-confidential by Cowboy Snapback at the time of disclosure. Nothing herein shall require Cowboy Snapback to disclose any Confidential Information to you.


You agree that any Confidential Information disclosed to you by Cowboy Snapback will not be shared with others in person, by email, through social media and in any other manner or through any other medium. You agree that Information provided to you by Cowboy Snapback will not be photographed, recorded or reproduced in any way on social media. This includes but is not limited to Cowboy Snapback® Brand Ambassador training material, e-mail correspondence, and written correspondence.


You agree that the Confidential Information is confidential and proprietary to Cowboy Snapback, and that you shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of the business of Cowboy Snapback, and shall disclose it only to its officers, directors, or another Cowboy Snapback Brand Ambassador with a specific need to know and only disclosed as instructed by Cowboy Snapback. You will not disclose, publish or otherwise reveal any of the Confidential Information received from Cowboy Snapback to any other party whatsoever except with the specific prior written authorization of Cowboy Snapback. You shall not duplicate Confidential Information furnished in tangible and intangible form except for purposes of this Agreement. Upon the request of Cowboy Snapback, you shall return all Confidential Information received in written or tangible form, including any information copies, or reproductions, taken from CowboySnapback.com, within fifteen (15) days of such request. If you disclose, publish, or otherwise reveal any information, media or idea from Cowboy Snapback or CowboySnapback.com, you agree to pay $5,000 to Cowboy Snapback as and for liquidated, estimated and stipulated damages, to be paid within thirty (30) calendar days. At your option, you may destroy any documents or other media developed by you containing Confidential Information. You shall provide a written certificate to Cowboy Snapback regarding such destruction within ten (10) days thereafter.


You may not at any time disclose any sales, financial figures, costs or profit with anyone within Cowboy Snapback or outside of it without the written consent of Cowboy Snapback. This includes but is not limited to sales figures, sales tracking methods, customer counts, company growth, incentive programs and sales contests or events. Disclosing such information to another Cowboy Snapback® Brand Ambassador or an external party will be considered a material breach of this Agreement and subject you to damages, injunctive relief and reimbursement of Cowboy Snapback's attorneys' fees and costs.


The obligations of confidentiality herein shall be effective immediately from the date that this Agreement and will continue indefinitely. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment, or seizure procedures, whether initiated by or against you, nor by the rejection of any agreement between Cowboy Snapback and you, by your trustee in bankruptcy or by you as a debtor in possession or the equivalent of any of the foregoing under local or federal law.


Non-Disparagement

You will not, during the term of this Agreement or at any time thereafter, make disparaging statements, in any form, either orally or in writing, about Cowboy Snapback’s officers, directors, agents, representatives, employees, affiliates, partners, brand, and products.


Independent Contractor

You are retained as an independent contractor of Cowboy Snapback. You acknowledge and agree that (i) you are solely responsible for the manner and form by which you perform under this Agreement, and (ii) you are a self-employed individual. You are responsible for the withholding and payment of all taxes and other assessments arising out of your performance of services, and you are not entitled to participate in any employee benefit plans of Cowboy Snapback.


Non-Compete

You agree not to directly or indirectly compete with Cowboy Snapback and its and affiliates during the term of this Agreement for a period of one (1) year following termination of this Agreement, notwithstanding the cause or reason for the termination of this Agreement.


The term "non-compete" as used herein shall mean that you shall not own, manage, operate, consult with, officially represent or be employed by or in a business substantially similar to or competitive in any way with Cowboy Snapback, its affiliates or such business activities of Cowboy Snapback in which Cowboy Snapback may substantially engage during the term of this Agreement and for a period of one (1) year following termination of this


 Agreement, notwithstanding the cause or reason for the termination of this Agreement.


The term "affiliate" shall mean, with respect to any person, any other person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the first person. The term "control" (including the terms "controlled by" and "under common control with") shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.


General Terms

Entire Agreement: This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.


Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles. The parties agree that any disputes arising out of or relating to this Agreement shall be submitted to the exclusive jurisdiction of the state and federal courts located in the State of Ohio, and the parties hereby agree to submit to the personal and exclusive jurisdiction and venue of these courts.


Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.


Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.


Waiver: The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing.


Notices: All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed or when sent by certified mail, return receipt requested, and no claim of non-receipt is made.


Assignment: You may not assign this Agreement or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior express written consent of Cowboy Snapback. Cowboy Snapback may assign this Agreement and its rights and obligations hereunder without your consent.


Survival: The provisions of Sections 6, 9, 10, 13, 14, 17, 18, 20, 21, 22, 23, 24, and 26 shall survive the termination of this Agreement for any reason.


BY SUBMITTING THE COWBOY SNAPBACK® BRAND AMBASSADOR PROGRAM APPLICATION FORM, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT SUBMIT THE APPLICATION.


This agreement is effective from the date of acceptance and submission of your Cowboy Snapback® Brand Ambassador Program application and will remain in effect until either party terminates.