Sandee Rain Boutique Brand Ambassador Program Agreement

    Welcome! To begin your journey as a Brand Ambassador, please review this agreement and return with your acceptance to

    Sandee Rain Boutique Ambassador Program 

    Thank you for your interest and excitement in the Sandee Rain Boutique Ambassador Program! The program is designed to introduce and share brand awareness withnew customers.

    As an Ambassador, you will be rewarded with an automatic 10% discount on your personal purchases. Sandee Rain Drops will only be awarded on the net sale total, that is, exclusive of discounts, shipping, and GST.

    Brand Ambassador Agreement

    Sandee Rain Boutique is actively encouraging the advertising and promotion of its products by selecting individuals for the Brand Ambassador/Affiliate Program. This agreement outlines the terms and conditions of your relationship with Sandee Rain Boutique (referred to herein as SRB) as a Brand Ambassador.

    By applying to become a Brand Ambassador for SRB, you agree to the following terms:

    1. Endorsed Products:

    Endorsed products are products sold under any of the SRB umbrella of brands.

    2. Brand Ambassador Minimum Requirements:

    All Brand Ambassadors are required to complete the following:

    a. Follow us on at least one social media platform:

    Like our Facebook page: @sandeerainboutique

    Follow our Instagram: @sandeerain_boutique

    b. Post an image of any SRB product with hashtag #teamSandeeRaintwice a month on at least one of these social media platforms: Facebook or Instagram. These posts must be set to public.

    Brand Ambassadors who do not meet the minimum requirements can be subject to termination, suspension, and/or the withholding of commissions until an agreed restoration of brand promotion activities is completed.

    3. Territory:

    You will be an Australian based Brand Ambassador. Australian Brand Ambassadors shall operate exclusively within the territory of the named Australian states and territories.

    4. Exclusivity:

    SRB requires exclusive representation of our brand and products, as it relates to clothing. For example, participation in a brand ambassador/affiliate program with another leggings company, while representing Sandee Rain Boutique is prohibited, and would be perceived as a conflict of interest. You are free to undertake brand representation or Ambassador roles with other companies and products that do not operate in competition to SRB in any manner. Best practice requests that you advise SRB of additional ambassador/affiliate roles prior to accepting this agreement to ensure there is no breach of this clause.

    5. Use of Endorsed Products:

    All products provided as part of this relationship may not be re-sold.

    6. Promotion of Endorsed Products:

    Use your best efforts to promote the Endorsed Products in a manner consistent with Sandee Rain Boutique communications and branding. The Sandee Rain Boutique logo may not be altered in any way, nor the ambassador act on behalf of Sandee Rain Boutique.

    Gain knowledge of product offerings and align messaging with SRB.

    Ensure customers are aware of payment options, shipping fees, and exclusions (e.g. AfterPay may not be accepted on pre-orders due to strict merchant terms with AfterPay).

    Approved social media sites include but are not limited to, Facebook, Twitter, Pinterest, Snapchat, Instagram, Vimeo, Tumblr and YouTube. If you are unsure if your preferred platform is approved, please contact us. You will be notified of any social media sites if they are disapproved platforms of promotion. You are required to notify SRB of the mediaoutlets you use and add SRB as a friend/follower. As a Brand Ambassador, it is further your responsibility to ensure that your posts are compliant with the regulations of the platform of your choosing. For example, this may require the use of hashtags to identify your status as a Brand Ambassador (Facebook, Instagram).

    7. Prohibited Content:

    The Brand Ambassador agrees that they will not post content on any social media platform, as determined by Sandee Rain Boutique in its sole discretion, that:

    • is pornographic, sexually explicit or suggestive, or contains profanity or nudity; some products may contain offensive language which should not be shared on social media;
    • 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 Sandee Rain Boutique wishes to associate;
    • is considered unsolicited (spam) in messaging and email platforms

    8. Indemnification:

    You agree to hold Sandee Rain Boutique, 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.

    9. Relationship:

    Brand Ambassadors/Affiliates are independent contractors. This includes an expectation that all Brand Ambassadors are registered with ABNs for the purpose of taxation on commissions, have determined the suitability and availability of their own business names (where applicable), and declare incomes as deemed necessary by the relevant authorities. This agreement does not create the position of employee and shall not be construed as creating an enterprise agreement or employment contract. 

    10. Confidentiality/Use:

    In the course of representing SRB, you may be privy to operational information which is confidential in nature. Such information must be held in the strictest of confidences. Any disclosure of confidential information will result in the immediate termination of this agreement and may result in legal action pursuant to damages. 

    11. Intellectual Property:

    The Brand Ambassador acknowledges and hereby grants Sandee Rain Boutique, the unlimited and unencumbered use of all work product developed by the Brand Ambassador in conjunction with the performance of services for SRB. Work product includes but is not limited to all social media posts, pictures, photographs, images, videos, recordings, taglines, hashtags, posts, commentary, and designs.

    The Brand Ambassador grants SRB and its designees permission to use the Brand Ambassador’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 SRB websites and via SRB’s Social Media Platform accounts). The use of intellectual property is global and in perpetuity, and is without additional compensation, consideration, notification or consent. If the social media accounts are closed or locked without prior consultation with SRB, this agreement is terminated immediately and any commissions owing are forfeited.

    12. Term and Termination:

    The agreement takes effect on the date in which you accept the terms and conditions stated within. This initial period of agreement will be six (6) months, with an automatic renewal for one (1) year, and annual renewal of one (1) year, each year, thereafter. Written notice of a minimum of 30 days is required for the termination of this agreement, and may be given by either party, with or without cause.

    If the Brand Ambassador is inactive for 90 days, the agreement will be terminated and any remaining payments, and personal shopping discounts forfeited.

    13. Commission Credit:

    To receive credit for a purchase towards your commissions, the user must have accessed the Sandee Rain Boutique shop through your personal link. Orders placed through sponsored SRB ads do not count towards your commission. Orders placed on non-physical items such as gift cards, do not count toward commissions.

    Once a user clicks on your tracking link, a cookie will be placed on their browser for 30 days, giving you commission credit for purchases that take place for that user within that time, as long as this is the last link they have selected (as per above, sponsored advertisements do not count). You are encouraged to advise your customers to continue to use your link, particularly if they are using multiple platforms for online shopping (e.g. phone, tablet, laptop).

    You cannot receive commission on any purchase that uses your personal discount shopping code (one will be supplied to you for personal shopping at a discount). You cannot receive commission on your own orders or the orders of others in the Sandee Rain Boutique customer base or Facebook VIP group (unless they are your current Facebook contacts and you market your link to them directly on your Facebook page(s) or other social media), as the intent of this program is that new customers will be brought to the business as of the program launch. You may not share your affiliate link within the Sandee Rain Boutique social media sites or groups, nor purchase through other brand ambassador affiliate links.

    Your commission amount will be based on a percentage of the net sale (that is, the sale total excluding any discounts, GST and postage) for each purchase generated through your tracking link.

    Commission will not be paid on Lay-Buy orders until the order is paid in full. Commission on AfterPay orders will be reduced by the 6% AfterPay per the order transaction fee. Please ensure compliance with Sandee Rain Boutique terms of sale and payments accepted or not accepted for certain products. Commission will be reduced by any returns/refunds.

    15. Paypal:

    All commissions will be paid out monthly at the end of the next calendar month through PayPal, which will allow most order payments/returns/exchanges to clear. All Brand Ambassadors must sign up for a Paypal account to receive their commissions. All commissions paid out through PayPal that are not claimed within 30 days will be automatically forfeited.

    16. Removal:

    We reserve the right to remove any Brand Ambassador from our Brand Ambassador Program.

    17. Modification:

    We may change the terms and conditions of this agreement in the future, and in line with business development and expansion. 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.

    18. 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.