Brand Representative Agreement
Patterned Paw-Prints, a registered trademark of Patterned Paw-Prints, LLC, actively supports the advertising and promotion of its products by selected and respected members of the pet community. This agreement outlines the terms and conditions of your relationship with Patterned Paw-Prints as a United States based Brand Representatives.
By applying to become a Brand Representatives for Patterned Paw-Prints, you agree to the following terms:
1. Endorsed Products:
Endorsed products are products sold under Patterned Paw-Prints brand name.
2. Representatives Requirements:
Your requirements as Brand Representatives are outlined in the Representatives Requirements section that was presented to you in your online application and on your Representatives dashboard and is hereby incorporated into this agreement by reference.
Have an active, creative and public Instagram account for your dog
Own a Patterned Paw-Prints product
Follow us on Instagram @patternedpawprints
Are at least 18 years of age
Take beautiful, clear, well-lit photos that align with our brand's aesthetic
Communicate well and repost our promos, sales and launches (1 post per week required)
Based in the United States
Brand Representatives are expressly prohibited from sharing discount codes on coupon sites. Any Representatives whose code is found on a coupon site will immediately be terminated from the program and all store credit will be rescinded. Brand Representatives must comply with all federal, state and local regulations, including applicable governing marketing emails (ie CAN-SPAM Act), and all other anti-spam laws.
As a Representative, you are expected to drive at least one sale per 90 day period that results in a commission. Brand Representatives who do not meet that requirement are considered inactive and their Representatives account and unique discount code will be deactivated.
Brand Representatives who do not follow the requirements can be subject to termination, suspension and/or the rescinding of all store credit.
3. Contract Territory:
You will be a United States based Brand Representatives, the territory for a U.S. Brand Representatives shall be within the United States exclusively and all U.S. territories.
4. Promotion of Endorsed Products:
You agree to use your best efforts to promote the Endorsed Products in a manner consistent with its authorized use and as outlined on product labels. Approved channels for promotion include 1) your own website or blog; 2) emails to friends and family (no spam); and 3) Facebook, Instagram and YouTube.
5. Prohibited Content:
Representatives agrees that they will not post content on any platform, as determined by Patterned Paw-Prints in its sole discretion, that:
is pornographic, sexually explicit or suggestive, or contains profanity or nudity;
is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
promotes any activities that may appear unsafe or dangerous;
is obscene or offensive, or endorses any form of hate or hate group;
defames, misrepresents or contains disparaging remarks about other people or entities;
communicates messages or images inconsistent with the positive images and/or good will with which Patterned Paw-Prints wishes to associate;
violates any law.
You agree to hold Patterned Paw-Prints, its officers, agents, assignees and employees harmless for any liability from any injury or damage arising from the use or promotion of any Endorsed Product.
This agreement shall not be construed as creating an employer/employee relationship or an employer/contractor relationship.
Occasionally we may share information with you that is confidential in nature, such information will be identified as confidential and you are expected to maintain this information in the strictest confidence. Any disclosure of confidential information will terminate this agreement and result in legal action.
9. Intellectual Property:
Brand representatives acknowledge and hereby agree to grant Patterned Paw-Prints the unlimited and unencumbered use of any and all work products developed by Representatives in conjunction with the performance of services for Patterned Paw-Prints. Work product includes but is not limited to all social media posts, pictures, images, videos, recordings, taglines, hashtags, posts, commentary, and designs.
a. Except where prohibited by law or regulation, brand reps grant Patterned Paw-Prints and its successors, assigns, licensees and designees permission to use Representatives's name, Social Media Platform account name, photograph (including, but not limited to, Social Media Platform account profile photo), voice and/or other likeness, in all media now known or hereafter discovered (including, without limitation, on Patterned Paw-Prints websites and via Patterned Paw-Prints Social Media Platform accounts), worldwide in perpetuity, for any purpose without additional compensation, consideration, notification or consent.
b. Representatives is not authorized to use any copyrighted content from any other companies to promote Patterned Paw-Prints Brand
Patterned Paw-Prints will not be responsible for any disputes involving the unauthorized use of any other company's intellectual property.
10. Term and Termination:
The effective date of this agreement is July 12, 2020. The term of this agreement is one (1) year from the effective date. This agreement will automatically renew at the end of each term for successive one (1) year terms unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. Notwithstanding the foregoing, either party may terminate this agreement at any time, with or without cause.
11. Governing Law:
This Agreement shall be construed in accordance with the laws of the State of California. In the event that arbitration is unsuccessful, you agree to submit to venue and personal jurisdiction in any state or federal court sitting in the County of San Francisco, State of California in any action or proceeding arising out of or related, directly or indirectly, to this agreement.
We reserve the right to remove any Representatives from our Brand Representatives Program.
We may change the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to terminate the Agreement. However, if you continue to receive the benefits of the Agreement after the end of the notice period of the change, you will be considered to have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.
15. Entire Agreement:
This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether written or oral, between the parties.