STREET TEAM PROGRAM AGREEMENT
HOW THE PROGRAM WORKS:
You must be 18 years old or older. If you are under 18 years of age, you must appoint your parent, or legal guardian, or another representative with legal authority to agree to these terms on your behalf. By registering, you agree to be bound by our membership terms and conditions; please read the terms and conditions below. Hereafter r3plife.com shall be known as “The Company.”
There will be no commission payments from the use of your personal code. We track and reconcile every sale, in cases where a Street Team Member has a single sale to themselves, commission will NOT be paid on that sale. It is very important that every Street Team Member adheres to the Highest Possible Standards of Ethical & Legal Conduct during this, or for any other, company promotion.
STANDARD GUIDELINES YOU MUST FOLLOW:
The Federal Trade Commission has recently more clearly defined best practices for Affiliate Programs; it is our position, that all Street Team Member’s of the Company must adhere to and use these guidelines and regulations as Company Standard Operating Procedure during their endorsement or promotion. Before proceeding - please follow the steps shown below before posting:
Download and Review the FTC Document for Endorsement Guidelines: http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf
In addition to the FTC Guidelines, please observe the following best practices:
When you promote, make sure that you:
Please remember that you are responsible for your own acts; ensure that reviews, descriptions, and articles on your site comply with applicable copyright, trademark, FTC disclosure, and other applicable laws. We are not responsible for any violations made by you. For additional information on expectations around FTC disclosure rules please visit the FTC website.
1. Enrollment in the Street Team Program:
You must complete a Street Team Program Application. We will evaluate your application and we will notify you of your acceptance or rejection in 1-2 business days.
Note: We may reject your application if we determine (at our sole discretion) that your site and social media accounts are unsuitable for the r3plife.com Street Team Program (for any reason). If we reject your application, you are welcome to re-apply to the r3plife.com Street Team Program at any time.
2. Prohibited Sites/Verbiage:
- Sites that promote sexually explicit material or violence;
- Sites that promote discrimination based on race, ethnic origin, colour, sex, sex orientation, religion, gender identity or expression, marital status, family status, genetic characteristics, physical disability, or conviction for an offence for which a pardon has been granted or in respect, of which, a record suspension has been ordered;
- Sites that promote illegal activities;
- Sites or verbiage making medical claims in regards to our products/services (i.e. the curing or recession of an ailment).
The Street Team Member agrees to not utilize SPAM in promoting The Company. This action will result in the immediate termination of the Street Team program member account with a cancellation of any pending commissions. In addition, The Street Team Member will also be in violation of The Company’s Street Team Program Agreement; subject to legal action, and will be held liable for any financial loss incurred by The Company. Any service interruptions to The Company’s website as a result of the Street Team Members spamming will be billed to the Street Team Member, at a rate of $500 U.S. dollars (USD) per hour, until service is restored. For the purpose of this Agreement; SPAM is defined as - emailing ANYONE, in bulk or by single mailing, about the Company who has not specifically requested the information directly from the Company. The ONLY exceptions to this are:
- Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on r3plife.com behalf. However, use extreme caution when choosing an opt-in mailing list company. Using anything but the most reputable sources could generate spam complaints against r3plife.com resulting in suspension or termination of this Agreement
- You may include information on the Company via email, this includes acknowledgement messages for orders and inquiries that you receive, so long as it is stated upfront, that you will be sending them an acknowledgement
- The Company also considers ANY type of advertisement about the Company posted to a (Newsgroup or Chat Room), not run directly by the r3plife.com program to be spam
4. Promotion of Our r3plife.com Relationship:
As a Street Team Member, we will make available to you Links (each of these links sometimes being referred to hereinafter as "Links" or, individually, as a "Link") and banners. Subject to the terms and conditions hereof, you may display these as often and in as many areas on your site as you desire. The Links will serve to identify your site & social media accounts as a member of our r3plife.com network and will establish a link from your site to ours.
Subject to the terms of clause © below, we will provide you with Links, which will consist of graphic images or text that is provided by us. (In our sole discretion these links may be subject to modification, or change, or may be expanded at any time, from time to time); these Links will connect your site directly to ours. By utilizing these Links, users of your site will be able to order directly from us any product(s) that were described or referenced on your site.
Agreements Regarding Links:
In utilizing the Links, you agree that you will display on your site graphic images (indicating a link) that is provided by us, or that you will display other posting created by you that are in good taste and do not reflect negatively on The Company. Each Link connecting users of your site to the pertinent area of our site must in no way alter the look, feel, or functionality of our site.
5. Bidding Rules
TM and TM + Keyword are restricted: (r3plife.com).
6. Our Responsibilities:
The Company will be responsible for providing all information as is necessary to allow you to make appropriate Links from your site to our site. The Company will be solely responsible for processing every order placed by a Customer following a special Link or coupon code from your site; this responsibility includes tracking the volume and amount of sales generated by your site, and for providing information to the Street Team Member regarding sales statistics. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and for other related Customer service.
7. Your Responsibilities:
You acknowledge and agree that you are solely responsible for your own acts. You agree that you will comply with all applicable copyright, trademark, FTC disclosure regulations, and/or any other applicable law when posting reviews, descriptions, articles, and/or any other information on your site related to r3plife.com. The Street Team Member acknowledges that any failure to adhere to the FTC regulations may result in liability for the Company, and further agrees that he/she shall use their best efforts to comply with such FTC regulations. The Street Team Member acknowledges that the Company reserves the right to terminate this Agreement; in the event, the Street Team Member should seek to have, and/or to request the Company to avoid or to circumvent the Street Team Members obligations under the FTC regulations.
8. Other Responsibilities and Opportunities of r3plife.com Sites:
If you qualify as a Street Team Member and you agree to participate on a Company Site; you shall display r3plife.com links prominently throughout your site as you see fit, and with our consent as long as this Agreement is in effect.
- Contests and Promotions:
- Compliance with the Agreement:
We have the right in our sole discretion to monitor your site at any time, and from time to time, to determine if you are in compliance with the terms of this Agreement. Note: We will monitor for FTC compliance to ensure disclosures are adequately added. Please ensure compliance by following the guidelines set forth by the FTC.
9. Reports of Sales:
You will be given a username and password, and you will have the ability to enter a password-protected site to receive your sales statistics on a daily basis.
10. Policies and Pricing:
Customers who buy the Company’s products through r3plife.com will be deemed to be Customers of the Company. Accordingly, all of our rules, policies, and operating procedures concerning Customer orders, Customer service, and sales will apply to those Customers. We may change our Company policies, operating procedures, and prices at any time without prior notice.
For example: in accordance with our own policies we will determine the prices to be charged for our products sold under the r3plife.com site. Our prices, product availability, and delivery timelines may vary from time to time; because price changes may affect products that you already have listed on your site - you should review our website and update pricing often, or elect not to include price information in your product descriptions. In the event there is a difference between information on your website and the Company website, the Company website information shall be deemed as correct, and shall prevail.
11. Non-Exclusive Use of the Company’s Logos and Trademarks:
We grant you and to all r3plife.com members a limited temporary non-exclusive, non-transferable, royalty free, non-exclusive revocable right & license to (i) access our site through the r3plife.com links in accordance with the terms of this agreement, and (ii) solely in connection with such links and under the terms & conditions provided for herein: you shall not make any specific use of any company licensed materials, for any purpose, other than to sell company products on your site. The Street Team Member may use our logos, trade names, trademarks, and similar identifying material(s) relating to us (Collectively, the “Licensed Materials”). Note: Company & FTC Guidelines must be followed. The Street Team Member may not alter, modify, or change the licensed materials in any way without prior written permission by the Company. All Street Team Members are only entitled to use the licensed materials while they are a member in good standing of the program. The company may at its sole discretion, feature content generated by the Street Team Member as part of the campaign, (including the Street Team Members Name and Likeness), on the Company’s and affiliate owned and controlled social media platforms, and within third party digital and broadcast platforms, and/or print platforms; including, but not limited to: Ad networks, Email marketing, paid search listings, television, radio, newspapers, magazines and brochures, Facebook, Instagram, Twitter, Tumblr, YouTube, Pinterest, and other website blogs for a period of twelve (12) months.
12. Limited Lifetime Association:
- Any Customer that makes a purchase through your affiliate link or affiliate discount code will be associated to you as a Customer, as long as that Customer has not had prior associations to the Company, or to another Street Team Member from a prior purchase.
- If a Street Team Member is inactive in the Program for a period of ninety (90) consecutive days- with no sales to new Customers - the Company reserves the right to remove the Customer lifetime association from all the Street Team Members Company Customers, and will place that association directly with The Company.
13. Promotion or Sale of r3plife.com Products Through External Sites:
Google Shopping, Amazon, eBay, or on any other Product Listing Ads or Sites (owned or not owned by you), is not allowed, unless prior expressed written permission is provided to you in writing The Company.
STREET TEAM PROGRAM AGREEMENT
INDEPENDENT CONTRACTOR TERMS & CONDITIONS
The Company engages the Street Team Member, and the Street Team Member (Independent Contractor) agrees to be engaged, to The Company. This Agreement (the “Agreement”) is made and entered into between r3plife.com (the Company), and you (the Street Team Member) who will represent the Company as an Independent Contractor. The Company and the Street Team Member may be referred to collectively as the “Parties”. Subject to the covenants, terms, and conditions of this Agreement for good and valuable consideration, receipt of which is hereby acknowledged, the parties to this agreement agree as follows:
This Agreement contains the complete terms and conditions that apply to your participation as a Street Team Member, who is participating in the Street Team Program, and the establishment of links from your Street Team Program website to our Company website https://www.r3plife.com.
1. RELATIONSHIP OF PARTIES:
The Street Team Member agrees to assist the company in promoting/offering/selling the company’s products via their social media accounts. The company hereby appoints the Street Team Member as its representative in a non-exclusive, non-employee basis to endorse and promote its services to a target audience. Nothing in this agreement shall be construed as creating an employer-employee relationship. The Street Team Member warrants and represents that he/she is self-employed. The Company is under no obligation to provide work to the Street Team Member at any time, nor is the Street Team Member obligated to accept any work offered by the Company at any time. In addition, this contract is not a guarantee of future employment or engagement.
The Street Team Member and Street Team Members’ employees or agents shall not be entitled to, nor shall they make any claim for, any benefits accorded to the Company’s employees; including, but not limited to: worker’s compensation, disability insurance, stock options, extended health benefits, dental, pension benefits, unemployment insurance, vacation or holiday pay, overtime, pension, statutory holiday pay, or sick pay. The Street Team Member shall be responsible for providing, at the Street Team Members expense, and in the Street Team Members name, any required disability, worker’s compensation, injury or liability insurance, or other insurance, as well as, licenses and permits, usual or necessary for performing the services provided for under this Agreement. The Street Team Member warrants that he/she shall be directly responsible for all costs of self-employment, social security reports, and for any other returns or filings required under law by any government body; including federal, state, local income tax, or for any other tax payments for the Street Team Member, and for any of the Street Team Members employees providing services to Company, as well as any foreign tax payments, including charges or premiums for F.I.C.A., workers compensation insurance, unemployment insurance, and any other taxes (including penalties and interest).
Street Team Member compensation and payment is dependent on the Street Team Member achieving the targets as specified on r3plife.com. Payment, in respect of any agreed promotional activity is conditional on The Company being paid by the relevant Customer. If we do not receive payment from the Customer, the Company is not obliged to pay the Street Team Member. The Street Team Member services shall confirm to the specifications and instructions on the standard guidelines, comply with the FTC guideline rules, and are subject to the Company’s acceptance and approval. The Street Team Member will perform the services at his/her own expense and use his/her own resources and equipment. The Street Team Member acknowledges that the agreed upon commission compensation tier structure displayed and posted on r3plife.com, represents the Street Team Members entire compensation with respect to this agreement, and the Street Team Member shall have no other obligation for any other compensation, expenses, or costs incurred by the Street Team Member in connection with the performance of his/her obligations under this agreement. Once a Street Team Member achieves the targets as specified on r3plife.com, eligible payments will be made within one month, after which time, the payment becomes due. *Discount codes and commission payments are not applicable to clothing items and accessories. Discount codes and commissions are applied to supplements only*. Please note that the Street Team Tier Payment Structure listed on r3plife.com is subject to change, without notice, at any time by The Company. The Company reviews the commissions earned at the end of every month; a minimum payable commission of $100 is the minimum needed in order to be transferred; should your commission earned amount to less than $100 for that period, that earned amount will continue to accrue until such time as the total reaches $100 by the end of any of the next pay periods. In essence, commissions earned are never lost.
Customer: The user must be sent to The Company site via r3plife.com link and make a purchase
https://www.r3plife.com / You: The publisher advertising links/promotions of The Company
4. CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT:
The Company proposes to disclose certain confidential information (collectively the "Confidential Information") to the Street Team Member, but it is not warranted to do so. Confidential Information includes, but is not limited to: all software, system software, and applications used to provide the system; including any source code, updates, improvements, enhancements, modifications or derivative works thereof, whether or not patentable, and all inventions, content, graphics, images, media, user interfaces, logos, and trademarks contained in, displayed, performed, or reproduced in the system. This also includes all data, materials, formulae or devices, work product, production process, and any other information relating to the production, processes, distribution, sales, marketing, business, and management operations of r3plife.com. Confidential Information also includes intellectual property, proprietary and business information - which includes, but is not limited to: patents, copyrights, registration, trademarks, trade secret technology, sales and marketing plans, computer software or technology, training materials, financial records, vendor or Customer information, and any other company information to which access may be obtained by the Street Team Member. All information disclosed orally shall also be considered as Confidential Information, unless otherwise identified as non-confidential by the Company at the time of the disclosure. The Street Team Member shall not disclose, publish, or duplicate confidential Information furnished in tangible and/or intangible form except for purposes of this Agreement. The Street Team Member agrees that any Confidential Information disclosed by the Company is to be considered as confidential, and proprietary and the Street Team Member will not disclose, publish, or otherwise reveal with others in person, by email, through social media, or by any other method. Further, the Street Team Member agrees that information sent to the Street Team Member from the Company will not be duplicated, photographed, recorded, or reproduced in any way on social media, publish or disclose in any other way without prior expressed written permission and authorization from the Company. This includes, but is not limited to the Company training material, e-mail correspondence, written correspondence, or any other form of communication. The Street Team Member shall hold in confidence the Confidential Information, and shall not use the Confidential Information other than for the purposes of its business with the Company. The Street Team Member shall disclose Confidential Information only to the Company’s officers, directors, or other Street Team Program affiliates with a specific need to know, and information will only be disclosed as instructed by the Company.
The Street Team Member may not at any point disclose any sales, financial figures, cost or profit with anyone within The Company or outside of it without written consent of The Company. Disclosing such information to another Street Team Member or to any other external Party will be considered a material breach of this Agreement, and subject the Company to damages, injunctive relief, and reimbursement of the Company's attorneys' fees and costs.
Upon the request of the Company, the Street Team Member shall return all Confidential Information received in written or tangible form, including any information, copies, or reproductions, taken from r3plife.com within fifteen (15) days of such request. If the Street Team Member discloses, publishes, or otherwise reveals any information, media, or idea, from r3plife.com; the Street Team Member agrees to pay $5,000 US dollars to the Company within (30) calendar days, as and for liquidated, estimated, and stipulated damages. At the Street Team Members option, the Street Team Member may destroy any documents or other media developed by the Street Team Member containing Confidential Information. The Street Team Member shall provide a written certificate to The Company regarding destruction of said materials within ten (10) days thereafter.
5. OWNERSHIP AND TITLE:
The Street Team Member hereby acknowledges and agrees that all rights, title, and interest in any confidential information, trade secret, or intellectual property rights, and other proprietary information that the Street Team Member may have obtained access to during the term of this Agreement will remain the exclusive property of r3plife.com. Notwithstanding, that the Street Team Member may have created or contributed to the creation of the same non-proprietary know how. This also includes, all rights of whatever kind and character, and in any and all languages, in and to the videos, photographs, text, designs, images, symbols, and/or all works of similar nature produced, developed, or created by the Street Team Member for this Agreement - that identifies and distinguishes the source of the Company’s goods from those of others; and for any and all intellectual property rights thereto, including: trademarks, trade secrets, trade dress, design, mask work, copyrights, and patent rights (collectively the “Content”). This also includes the right to sublicense the Content to Street Team Members and other company brand partners. Notwithstanding the foregoing, the Street Team Member may delete posts from his/her owned and/or controlled social media channels containing any Content after a period of thirty (30) days from post-date. Neither Party shall be prevented from making use of know-how and principles learned, or of experience gained of a non-proprietary and non-confidential nature that do not adversely affect the Company’s sales, relationships, goodwill, or stature. The Street Team Member agrees to assign and hereby does assign to the Company, without consideration other than the offer of contract, the entire right, title, and interest in and to said Content during the term of this Agreement. The Parties acknowledge that all expenses attending such applications, assignments, and patents shall be paid by the Company. All applications shall be prepared, filed, and prosecuted by an attorney or attorneys selected by the Company.
This Agreement will apply in respect of any intellectual property, process, design, development, creation, research, invention, know-how, trade names, trade-marks, or copyrights for which:
- Confidential Information of r3plife.com was used; or
- Resulted from work performed by the Street Team Member for r3plife.com
6. HEADINGS AND CONSTRUCTION:
Sections headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either Party.
7. SPEAK WELL:
The Street Team Member agrees to represent the Company in a professional manner. R3P Life has a zero-tolerance policy regarding bullying and harassment. The Street Team Member agrees not to publicly slander or speak negatively of the Company, its officers, directors, shareholders, athletes, employees, or its Customers, or Contractors, agents, assigns, or suppliers in any manner, shape, or form either during and/or after the termination of this Agreement. Further, the Street Team Member is responsible for his/her own acts, the Street Team Member agrees not to bully, harass, or discriminate against another person. Note: failure to comply with the above will be considered as a breach of this Agreement and the Company will be permitted to stop all current & future payments, hereunder, and to seek any legal remedies available.
8. INJUNCTIVE RELIEF:
The Parties to this Agreement acknowledge that the services to be rendered by the Street Team Member under this Agreement, and the rights and privileges granted to the Company under this Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value. The loss of which cannot be reasonably or adequately compensated by monetary damages in any action at law, and that should the Street Team Member breach any of the material provisions of this Agreement, that this action may cause the Company irreparable injury and damage. The Parties agree that in the event of a material breach of this Agreement by the Street Team Member, in particular certain sections of this Agreement regarding confidentiality & ownership, intellectual property rights, or non-solicitation; that the Company shall be entitled to seek any provisionary, interlocutors, permanent injunction, or any other equitable relief as a necessary remedy to refrain any further breach of this Agreement by the Street Team Member.
The Street Team Member shall indemnify and hold the Company and its Officers, Directors, Contractors, Employees, Agents, Shareholders, Successors, Athletes, and Assigns harmless from any loss, liability, expense, damage, and/or penalties that may arise out of any action, negligence, will-full misconduct, and negligent performance of, failure to perform, claims, demands, cost liabilities, expenses, and damages to property or persons occasioned by the performance of the services under this Agreement. The Company shall indemnify and hold the Street Team Member and its Officers, Directors, Contractors, Employees, Agents, Successors, and Assigns harmless from any loss, liability, expense, damage, and/or penalties that may arise out of any action, negligence, will-full misconduct, and negligent performance of, failure to perform, claims, demands cost liabilities, expenses, and damages to property or persons occasioned by the performance of the services under this Agreement.
The Street Team Member agrees that in the event of any breach or threatened breach by the Street Team Member. The Company may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect The Company against any such breach, or threatened breach, and for reimbursement of The Company's attorneys' fees and costs.
10. TERMINATION OF AGREEMENT:
The Street Team Member acknowledges that he/she is an Independent Contractor and that no employer-employee relationship, joint venture, partnership or agency relationship is created by this Agreement. The term of this Agreement shall commence on the date this Agreement is signed and shall continue for a period of twelve (12) months; afterwards, the Parties to this agreement, may renew this Agreement on a year to year basis thereafter, upon mutual Agreement of the Parties. Either party to this agreement may delete the Street Team Members account at any time, without notice.
11. NON-SOLICITATION OF CUSTOMERS:
The Street Team Member agrees not to solicit or attempt to solicit, directly or indirectly, for any purpose that is not in the interest of the Company, any Customers of the Company with which the Street Team Member had any contact with during the term of this Agreement and for a period of two (2) years following termination of this Agreement; notwithstanding the cause or reason for the termination of this Agreement. The Street Team Member agrees that the Company has good will among its Customers. The Street Team Member agrees that the temporal restrictions of this provision are reasonable.
In case any provision in this Policy shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Fit Foods reserves the right to update, amend, or modify this Agreement at any time.
The rights and remedies provided by this Agreement are cumulative and exercise of any right or remedy by either Party hereto (or by its successor); shall not preclude or waive its right to exercise any or all other rights and remedies. The Parties to this Agreement represent and warrant to each other that each is free to enter into this Agreement, and that this engagement does not violate the terms of any Agreement between any other third Party. This Agreement is binding upon, and in-turn, to the benefit of the Parties, their successors, subsidiaries, Affiliates, and personal representatives.
This Agreement is entered into on a without prejudice basis by the Parties. This Agreement contains the entire Agreement and understanding between the Parties hereto, and supersedes any prior or contemporaneous written or oral Agreements, representations, and warranties between them respecting the subject matter hereof. In the event of any conflicts or ambiguity between this Agreement, and the www.affiliatly.com/legal-privacy, and/or the www.affiliatly.com/legal-tos, this agreement shall take precedence. This Agreement shall be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein. In the event that any provision herein or part hereof shall be deemed unenforceable, void, or invalid by a court of competent jurisdiction, or arbitrator, the remaining provisions, or parts hereof, shall be and remain in full force and effect.
The Parties hereby acknowledge that each has received independent legal advice with respect to the execution of this Agreement, and the Street Team Member further acknowledges that (he or she) has read over all the provisions herein, and that the Street Team Member understands the full meaning and importance of each provision, and that the Street Team Member is signing this Agreement voluntarily.