IGK AMBASSADOR TERMS AND CONDITIONS
IGK AMBASSADOR PROGRAM TERMS AND CONDITIONS (the “Terms”)
PLEASE READ THESE TERMS CAREFULLY.
BY SUBMITTING AN APPLICATION TO THE BRAND AMBASSADOR, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND THAT YOU UNEQUIVOCALLY AGREE TO BE LEGALLY BOUND EACH AND EVERY TERM AND CONDITION.
These BRAND AMBASSADOR Program Terms set forth the legally binding contract between you (“Brand Ambassador”, “you”, or similar terms) and IGK LLC (together with its affiliates and assigns, “IGK”, “us” or “we”) and applies to your participation in the IGK Ambassador Program (the “Program”). Any person or entity that participates or attempts to participate in the Program must accept these Terms without change. By registering for the Program, you explicitly agree to these Terms. IGK reserves the right to modify the Terms by posting new versions thereof, as well as the right to provide additional notices of material changes, which modifications and changes will be effective immediately. We might also choose to replace these Terms in their entirety if, for example, the Program changes, ends, or becomes part of an existing program, including our partner programs. If you don’t agree to the modification or replacement, you can choose to terminate your participation in the Program. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING ANY CHANGES TO THE TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.
- Description of the Program
The Program permits you to gain rewards from placing certain social media content you have created (including, but not limited to, posts, photographs and videos) that you have either shared to your social media profiles (“Your Profiles”) or submitted to IGK that reference IGK or any IGK intellectual property, including, but not limited to, IGK trademarks, products or services (the foregoing shall be collectively defined as the “Content”).
You will ensure that the information in your Program application and information otherwise associated, including your email address, mailing address, and other contact information, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Program and these Terms to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
You can update your information by emailing us at email@example.com.
- Eligibility To Participate In The Program
You must be at least 18 years of age to participate in the Program and have a valid Instagram account. You must comply with these Terms to participate in the Program.
You must promptly provide us with any information that we request to verify your compliance with the Terms. You agree to be kind and respectful to all other Brand Ambassadors.
In the event you are given a Personalized Brand Ambassador IGK Coupon Code (‘Your Code’), you must not comment with Your Code on any IGK social media posts or channels (i.e. Instagram, Twitter, Facebook, etc.), even if you see another Brand Ambassador doing it.
You must not post Your Code in the comments of any posts from IGK wholesale accounts or stores who carry our products. You must not add Your Code to coupon sites. We check these sites frequently.Your breach of any of the Terms, or any other agreement between you and us, or in connection with the Program then, in addition to any other rights or remedies available to us, we reserve the right to permanently (to the extent permitted by applicable law) withhold (and you agree you will not be eligible to receive) any and all Rewards otherwise payable to you under these Terms, whether or not directly related to such violation without notice and without prejudice to any right of IGK to recover damages in excess of this amount.
- Use of Ambassador Content by IGK
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby irrevocably grant IGK, as well as its respective licensees, successors, assigns and third-party service providers, and their respective retail partners and other affiliates (collectively, the “Licensed Parties”) the worldwide, perpetual, fully-paid, royalty-free, transferable, sub-licensable right and unrestricted permission to use, re-use and display, reproduce, distribute, transmit, publish, re-publish, copy, or otherwise exploit, either in whole or in part, digitally, ads, in print, or in any other medium now or hereafter known, for any purpose whatsoever and without restriction, any of your Content. You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your Content. You understand and acknowledge that IGK may modify the Content for formatting, integration or other purposes, however, such modifications shall not materially distort such Content. No advertisement, promotional medial or other material in any media containing your Name and/or Likeness related to the Content need be submitted to you for any further approval for use by the Licensed Parties.
You acknowledge and agree that (i) the Content was created by you and that you own or control all rights in such Content, such that you have all necessary licenses, rights, consents and permissions to publish the Content and to grant the rights granted herein, including permission from all person(s) appearing in your Content; (ii) you are not a minor; (iii) you have the full right, power and authority to grant the rights described in these Terms; (iv) the exercise by IGK of its rights under these Terms will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy and trade laws; and (v) the Content does not contain any worms, viruses or other harmful code.
You represent, warrant, and covenant that (a) you will participate in the Program in accordance with these Terms, (b) your participation in the Program, including without limitation, your creation, maintenance, or operation of Your Profile(s) will not violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (c) you are lawfully able to enter into and agree to these Terms, (d) you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in these Terms, (e) you will comply with all export and re-export restrictions applicable in the country where you are using the IGK Website that may apply to goods, software, technology and services, and (g) the information you provide in connection with the Program is accurate and complete at all times.
- Identifying Yourself As An IGK Brand Ambassador
Except for the disclosing yourself as an IGK Brand Ambassador as necessary, you will not make any public communication with respect to these Terms or your participation in the Program without IGK's express prior written consent. You will not misrepresent or embellish your relationship with us (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by these Terms.
- Term and Termination
Your participation in the program will begin upon your submission, and IGK’s acceptance, of your application to join the Program. IGK may terminate or suspend your account immediately upon written notice to you for any of the following: (a) you have breached or threaten to breach these Terms; (b) we believe that we may face potential claims or liability in connection with your participation in the Program; (c) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Program; (d) your participation in the Program has been used for deceptive, fraudulent or illegal activity; or (e) we have terminated the Program as we generally make it available to participants.
THE PROGRAM, THE IGK WEBSITE, ANY PRODUCTS AND SERVICES OFFERED ON THE IGK WEBSITE, ANY COUPON CODES, LINK FORMATS, CONTENT, OUR AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS AND LOGOS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR PROFILES OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE SERVICE OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE PROGRAM. NOTHING IN THIS SECTION WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitations on Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IGK, ANY THIRD PARTY SUBLICENSEE OF IGK, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM THESE TERMS, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT THE CONTENT CAUSES ANY TECHNICAL DISRUPTION, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. WITHOUT LIMITING THE FOREGOING, YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE CONTENT.
IGK’S LIABILITY ARISING OUT OF OR RELATING TO THE PROGRAM OR THESE TERMS SHALL NOT EXCEED THE AMOUNT OF ANY REWARDS PAUD TO YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU PRESENT US WITH A CLAIM ARISING OUT OF THESE TERMS OR THE PROGRAM.
You agree to indemnify, defend and hold IGK, its parent company, subsidiaries, agents, suppliers, licensees, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, the "Indemnified Parties") harmless from and against any and all damages, liability, claims, losses, actions, demands expenses and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of (a) a misuse by you of the Program; (b) your violation or any breach by you of these Terms or your representations and warranties as set forth herein; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party.
- AGREEMENT TO ARBITRATE / DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
YOU AND WE AGREE TO ATTEMPT TO INFORMALLY RESOLVE DISPUTES: In the event that there is any dispute relating to these Terms and the Program, you and we both agree that the party alleging the dispute shall send to the other party a written notice describing the dispute (“Notice of Dispute”). You and we both agree that prior to initiating any claim for arbitration or other legal proceeding, that you and we shall attempt to informally resolve such dispute for a period of thirty (30) days following the receipt by the non-claiming party of the Notice of Dispute.
All Notices of Dispute to IGK Hair shall be in writing and sent by personal delivery registered or certified mail (return receipt requested) if such services actually provide proof of mailing, to:
Attention: Legal Department
331 NW 26th St., STE 103
Miami, FL 33127
YOU AND WE BOTH AGREE TO ARBITRATE: In the event that a dispute is not resolved within the foregoing thirty (30) day period, then you and IGK agree to resolve any claims relating to these Terms through final and binding, arbitration.
AUTHORITY OF ARBITRATOR: Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Miami, FL before one arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. In the event any litigation should arise between you and IGK in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THE AGREEMENT TO ARBITRATE.
These Terms are governed by the laws of the State of Florida. These Terms constitute the entire agreement between you and IGK with respect to the Program and your Content. The failure of IGK to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have granted to IGK under these Terms.
Any information relating to us or any of our affiliates that we provide or make accessible to you in connection with the Program that is not known to the general public or that reasonably should be considered to be confidential is our “Confidential Information” and will remain our exclusive property. You will use Confidential Information only to the extent reasonably necessary for your performance under the Program and ensure that all persons or entities who have access to Confidential Information in connection with your participation will be made aware of and will comply with the obligations in this provision. You will not disclose Confidential Information to any third party (other than your affiliates bound by confidentiality obligations) and you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms. This restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties. Nothing contained in these Terms should be understood as granting you any rights in and to any of our trademarks, service marks, logos, or other intellectual property owned by us or by any third party.