Ambassador Program T&Cs
By participating in the Natusan Brand Ambassador Programme (the "Programme"), you (the "Brand Ambassador") agree to the following Terms and Conditions. You will be deemed to have accepted, and agreed to be bound by, these Terms and Conditions upon applying for the role of Brand Ambassador.
- The opening date for entries into the Programme is 01/08/23.
- The Programme is an opportunity for anyone to become a brand ambassador for the Company and create content featuring products sold by the Company (“Products”). For the purposes of the Programme and these Terms and Conditions, “Company” means Natusan UK, a business division of Direct2Pet Europe B.V Taylorweg 5, 5466AE Veghel, Netherlands.
- You can apply to join the Programme by signing up on the Company’s website. Alternatively, the Company may contact you directly to offer free Products in exchange for you creating social content featuring the Products.
- The social content created by Brand Ambassadors must: (i) feature Product(s); and (ii) align with and support a specific campaign (“Content”). Content must comply with the briefing notes relating to that specific campaign issued by the Company to the Brand Ambassador, as updated by the Company from time to time (a “Content Brief”).
- As a Brand Ambassador you might be gifted Products, your Content might be featured on the Company’s social channels and website and in other paid media or you might earn rewards (such as discount codes) in exchange for creating Content. However, the Company has no obligation to provide you with any form of compensation in exchange for the Content you create.
- If you are gifted Products in exchange for creating Content, the Company’s terms and conditions of sale (which can be found here) will apply to the supply of Products to you.
- Brand Ambassadors must: (i) be residents of the United Kingdom; (ii) aged 18 or over; (iii) follow the Company's social media accounts on Facebook, Instagram and TikTok; and (iv) own at least one cat pet.
- The following individuals are not eligible to become Brand Ambassadors: (i) employees of the Company and their families; or (ii) any third party directly associated with administration of the Programme or responsible for creating content for the Company.
- It is the responsibility of the Brand Ambassador to provide their correct, up-to-date details at the time of applying for the Programme in order for their application to be processed. Failure to respond and/or provide correct, up-to-date contact details, or failure to meet the eligibility requirements may result in rejection of that individual for the brand ambassador role. Brand Ambassadors are responsible for notifying the Company if their details change.
CREATION OF CONTENT
- The Company may contact a Brand Ambassador directly to offer a free Product in exchange for that Brand Ambassador creating Content. The Brand Ambassador is not required to accept the free Product, but in the event that the Brand Ambassador does accept the offer of a free Product, the Brand Ambassador must create Content featuring that Product, and submit such Content to the Company within three (3) weeks of receiving the free Product.
- The Brand Ambassador acknowledges and agrees that they will not receive any other form of payment, monetary compensation or gift cards in exchange for the creation of Content (except the Company may award discount codes to Brand Ambassadors at its discretion, as discussed above).
- The Company shall have no responsibility for any costs or expenses the Brand Ambassador may incur in the process of creating Content.
- The Brand Ambassador shall not create any Content which is: (i) defamatory, obscene, offensive, harmful, inciting prejudice or hatred of any kind, or of a violent, political, racist or xenophobic nature; or (ii) in general, contrary to current laws and regulations or good morals.
- All Content created by the Brand Ambassador shall be subject to the Company’s approval process set out in these Terms and Conditions.
APPROVAL OF CONTENT
- All Content must be submitted to the Company for approval in accordance with these Terms and Conditions.
- The Brand Ambassador must not post, publish or otherwise deal with Content in any way without the Company’s express, written approval in each specific instance.
- The Company will provide feedback or approve Content, and any edits made to Content as a result of the Company’s feedback must be approved prior to final publication of the Content.
- Once the Company has provided its express, written approval in respect of specific Content, the Brand Ambassador can post that Content on their own social media channels in accordance with these Terms and Conditions and the applicable Content Brief (regardless of whether the Company expressly instructs them to do so).
INTELLECTUAL PROPERTY RIGHTS
- The Brand Ambassador assigns to the Company all its right, title and interest in and to the Content forever (including without limitation copyright and all other intellectual property rights throughout the world in all media), and waives all its moral rights therein.
- The Brand Ambassador irrevocably grants to the Company its consent to make full use of the Content in all media worldwide. Notwithstanding the generality of the foregoing, the Brand Ambassador specifically agrees that the Company has the right to: (i) publish the Content created by the Brand Ambassador on the Company’s website and the Company’s social media channels (including without limitation Facebook, Instagram and TikTok); and (ii) use the Content for paid media promotions and other forms of paid advertising.
- The Brand Ambassador agrees and acknowledges that the Company shall be entitled to create cut-downs, edits, translations or other alternative forms of any Content (including by the replacement of a product cutaway and/or tag-line and any modification necessary for the localisation of such Content). The Company has the right in its absolute discretion to determine the final form of the Content published. No guarantee is given to the Brand Ambassador, however, that the Company will use and/or publish any Content created for it by a Brand Ambassador.
- The Brand Ambassador shall (to the extent required) grant to the Company the right (including without limitation any rental and lending rights) to use the Brand Ambassador’s name, image, voice and likeness in connection with the exploitation by the Company of the rights granted under these Terms and Conditions, including to tag, re-post, promote or boost (including paid for promotion or boosts) Content on the Company’s social media channels. The Brand Ambassador warrants to the Company that the use of the Brand Ambassador’s name, voice and likeness does not in any way infringe the rights of any third party.
- The Brand Ambassador agrees to do (at the Company’s expense) such acts and execute such documents as the Company may reasonably require to vest in or confirm to the Company the copyright and all other intellectual property rights assigned or granted by the Brand Ambassador to the Company under these Terms and Conditions.
- The Company shall retain ownership of all intellectual property rights in the Products, and nothing in these Terms and Conditions shall be construed as granting any rights to the Brand Ambassador (other than the limited licence granted below) in the Company’s intellectual property (including but not limited to the Products).
- The Company grants to the Brand Ambassador a fully paid-up, non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable licence to display the Products in Content created strictly in accordance with these Terms and Conditions (including but not limited to the applicable Content Brief).
- If any Content contains any elements that are not owned by the Brand Ambassador or which are subject to the rights of a third party, the Brand Ambassador is responsible for obtaining, prior to submitting such Content to the Company, any consents necessary from that third party to permit the use and publication of the Content by the Company. The Company reserves the right to request proof of these permissions from the Brand Ambassador at any time.
- Content should not feature any individual other than the Brand Ambassador, unless the Brand Ambassador has obtained that individual’s express consent to appear in the Content. In all circumstances, and regardless of any consent given, no Content should feature any individual under the age of 18.
TERMINATION OF MEMBERSHIP
- Brand Ambassadors may cancel their membership of the Programme at any time by contacting email@example.com.
- The Company reserves the right to terminate the Brand Ambassador's membership of the Programme at any time by giving written notice to the Brand Ambassador.
On cancellation of a Brand Ambassador’s membership of the Programme by either party, each party shall promptly deliver to the other party (or dispose of as directed by it) all materials and property belonging or relating to the other party (other than Products) and all copies of the same, to the extent that such materials are in the relevant party's possession or control and it is practicable to do so.
The Brand Ambassador must:
- not make any claims as to the properties, functionality or other qualities of the Products other than those claims authorised by the Company, as set out in the Content Brief;
- not make any negative or offensive statement in public, online (including on social media), in the press or elsewhere relating to: (i) the Company; (ii) any of the Company's other brand ambassadors or staff; or (iii) any of the Company's products;
- only create Content which complies with the applicable Content Brief;
- post Content on their social media channels, provided the Company has expressly approved that Content in accordance with these Terms and Conditions;
- include the hashtag #ad in a prominent position in all posts relating to Content to indicate that the post is paid for advertising, and include any other handles and hashtags advised by the Company;
- not at any time, either when participating in the Programme or at any time thereafter, remove any Content or posts from the Brand Ambassador’s social media channels without the Company's prior, written consent;
- if requested to do so by the Company, either during the Brand Ambassador’s participation in the Programme or at any time thereafter, remove any Content or posts from the Brand Ambassador’s social media channels at the request of the Company as soon as practicably possible and dissociate themselves from the Company; and
- during their participation in the Programme and for two weeks thereafter, not appear on camera, provide voiceovers, perform any endorsement, authorise the use of their voice or image, nor accept any other engagement or any endorsement in connection with any competitor (being any other seller, manufacturer, provider, marketer or distributor of goods or services of the same or a similar nature to those sold, manufactured, provided, marketed or distributed by the Company), without the prior written consent of the Company.
The Brand Ambassador confirms that:
- they are free contractually to join the Programme and have not entered into and will not enter into any professional, legal or other commitment which would or might conflict with or prevent their membership of the Programme;
- they do not have any unspent criminal convictions of any kind subsisting at the date of their application to the Programme (and the Brand Ambassador shall notify the Company immediately of any criminal convictions incurred during their participation in the Programme); and
- to the best of their knowledge and belief, the Content (excluding the Products): (i) is wholly original; (ii) will not infringe the intellectual property rights or breach the moral rights of any third party; and (iii) will not contain any defamatory matter, breach any contract, law or duty of confidentiality, infringe data protection rights or constitute contempt of court or obscenity.
- The Brand Ambassador shall not disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the Company.
- The Brand Ambassador is not an employee of the Company and will not be treated as such.
- The Company may at its discretion discontinue the Programme at any time.
- The Company may at its discretion update the Programme or these Terms and Conditions at any time. Any changes the Company makes to these Terms and Conditions will be effective immediately on posting to the Natusan website (https://natusan.co.uk/). You should review these Terms and Conditions and check the website frequently to ensure you understand the Terms and Conditions that apply to the Programme. We will try to give you reasonable notice of any major updates and modifications to these Terms and Conditions or the Programme before they become effective. Your continued participation in the Programme following any modifications will signify your acceptance of the revised Terms and Conditions. If you do not agree to any changes you should terminate your participation in the Programme immediately.
- The Company reserves the right to decline an individual’s application to join the Programme at its sole discretion, including but not limited to if the Company believes the applicant’s existing social media pages are inappropriate, unsatisfactory or inconsistent with intended key messaging for the Products.
- The Company will not be liable for any loss (including, without limitation, loss of profits, loss of business, business interruption or loss of business opportunity), expense or damage which is suffered by you in connection with being a Brand Ambassador or carrying out the duties associated with such a role and which is: (i) unforeseeable (meaning it was not obvious that it would happen and nothing you said to us before we accepted your application for the Programme meant we should have expected it); or (ii) not in any way caused by any act or omission of the Company.
- Nothing in these Terms and Conditions will limit any person’s liability which cannot be excluded by law (including personal injury, death and fraud).
- The Brand Ambassador acknowledges that this role is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram or TikTok. Brand Ambassadors agree to release Facebook, Instagram and TikTok from any and all liability arising out of or in connection with their participation in the Programme and any Content which is used on social media channels.
- The Company shall be entitled in its discretion to engage the services of other individuals to endorse, promote or advertise its Product(s) worldwide at any time.
- The Company reserves the right, at its sole discretion, to remove any and all posts from its own media featuring Content created under these Terms and Conditions at any time and for any reason.
- The Brand Ambassador confirms that they have disclosed to the Company their prior commitments to provide services to third parties which are similar to the brand ambassador role.
- A delay or failure by the Company to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
- If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms and Conditions.
- These Terms and Conditions will be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts. In simple terms, "non-exclusive jurisdiction of the English courts" means that if you bring a claim arising from or in connection with these Terms and Conditions against the Company in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead.
- The Brand Ambassador agrees to refer all complaints and enquiries from the media and other third parties received by them concerning the Company, its Products, the Programme or these Terms and Conditions to firstname.lastname@example.org and shall not respond themselves unless instructed to do so by the Company.