Aimee Brand Ambassador Terms and Conditions
Effective November 1, 2021
What You Can Earn as an Aimee Brand Ambassador
You earn nine percent (9%) of the cost of items from each sale made by those following your Promo links. This amount can vary slightly by brand, so please see our terms and brand information).
You also earn 3/4 of a percent (.75%) of the cost of items from each sale made by users you've recruited to join Aimee as an Influencer (those who sign up using your referral code). This does not reduce their commission - they still make their 9% also! This amount can also vary slightly by brand, so please see our terms and brand information.
Each week we reward the top 3 ambassadors whose users have generated the most sales for the previous week (there is a minimum sales requirement).
Each month, the ambassador with the most Commission + Referral Commission can earn double the amount of their Commission. The more people you sign up to join Aimee, and the more active they are in posting promo links, the more earning potential you'll have.
Ambassadors are the first to know about new brand partners to join our network, sneak peeks at new product launches, discounts and special opportunities, (such as swag, freebies and events when they become available), from our brand partners.
Please read these terms and conditions carefully before submitting your application to become an Aimee Brand Ambassador!
By clicking "I Agree" you agree to the terms and conditions of this agreement between you and Aimee LLC. ("Aimee") which will govern your relationship with Aimee. By applying for and participating in the Aimee Ambassador program (the "program"), you (on behalf of yourself and any business you represent) agree to be legally bound to and comply with these Brand Ambassador terms and conditions, including all applicable policies.
If you do not agree to these terms and conditions, do not click "I Agree" and do not submit the application. At any time if you no longer wish to be bound by these terms and conditions, you must immediately provide written notice to Aimee. As used in these terms and conditions, "you" or "your" shall mean the individual who is applying to be a Brand Ambassador for Aimee, and their employees, agents, business affiliates, and permitted successors and assigns.
By submitting your application and participating in the program, you agree as follows:
If selected by Aimee, you will become a Brand Ambassador ("Ambassador") for services offered by Aimee. Your performance as an Ambassador is subject to these terms and conditions, and any separate agreement Aimee may require you to execute as well as any Aimee policies, standard operating procedures or guidelines provided to you from time to time (collectively, the "Ambassador terms").
1. To enroll in the program, you must complete and submit the online application. Initial approval of your application does not mean that all information or actions set forth in the application comply with the Ambassador terms, and it is your continuing duty to ensure your compliance. We may reject your application and/or dismiss you from the program at any time at our sole discretion.
2. You must provide your full and accurate legal name and a valid email address. You will only provide true and accurate information to Aimee, and will update any such information as necessary to ensure that such information is kept complete and accurate. You will not use any "bot" or other automated method to enroll or participate in the program.
3. You acknowledge and agree that you meet the following eligibility criteria:
- You are eighteen (18) years of age or older.
- You reside in the United States, Canada, Europe, Australia, or New Zealand.
- You have read, understand, and agree to be bound by the Ambassador Terms.
- You maintain and actively use a social media account ("account") on at least one of the following social networks: Instagram, Facebook, Twitter, TikTok, or YouTube.
- You are in compliance with all FTC guidelines and the Ambassador Terms.
- You have a total of at least five hundred (500) followers on all your social media accounts combined.
4. You agree to use your best efforts to market and promote the Aimee services on your accounts (the "promotional services" or the "services") in a manner consistent with or authorized by Aimee through its campaigns.
You are required to notify Aimee of your accounts on approved social media and add Aimee as a friend/follower. You will be notified of any additional approved media as it becomes available.
You are required to follow Aimee your approved social media.
4.1. You agree to perform the following promotional services:
- Use your networking skills and creativity to promote the Aimee platform, increase awareness around the Aimee brand and recruit and sign up new users/influencers to join Aimee.
- Create and post Promos built using the Aimee platform.
- Create and post photo and video content promoting the Aimee services and/or any related campaigns as Aimee may request from time to time ("content"). That content should abide by content guidelines provided by Aimee.
- Share and promote your personal discount code or link for Aimee services to encourage followers to purchase them.
- Communicate, network and/or collaborate with social media influencers, Aimee's social media followers and customers, and any other individuals requested by Aimee, to promote the Aimee services.
- Promptly respond to communications from Aimee personnel in text, email, phone or any other form.
- Read the briefs and guidelines provided by Aimee.
4.2. You agree that Aimee may post, re-post, upload, and otherwise re-use any of your content at any time, without compensation other than what is provided in the Ambassador terms. You acknowledge and agree that you are responsible for:
- Any and all activity undertaken in connection with your participation in the program
- Maintaining your accounts to ensure compliance with all applicable laws, rules, regulations and policies (collectively, the "law"), including providing any notifications to followers as necessary to effect compliance with law
- Conducting yourself at all times with the highest degree of professionalism, behaving in a legal, ethical and business-like manner and maintaining the highest standards of integrity, honesty and responsibility in your dealings with Aimee, its staff, customers and sales representatives
- Presenting and demonstrating Aimee services in a positive, truthful and sincere manner and not engaging in any activity or action that may damage Aimee's reputation or the reputation of its brand partners, vendors, or third parties
- Not using Aimee, or any trademarks, copyrighted materials, or other intellectual property of Aimee in any advertising, social media, or in literature other than material published by Aimee, without first obtaining the express written permission of Aimee
- Complying with the Brand Ambassador Terms and Conditions, Code of Conduct, and agreeing to our Terms of Service.
4.3. Prohibitions/ restrictions. The Ambassador agrees and understands that if any content posted by or associated with Ambassador is deemed offensive or inappropriate, that Ambassador will be deemed, at the sole discretion of Aimee, ineligible to participate in the program. The Ambassador will then be disqualified from receiving any further commission, recognition, communication or compensation from Aimee. Ambassador will also be disqualified in the event it takes any of the following actions, each a material breach of the Ambassador Terms:
- Actively or knowingly signs up fake or fraudulent users to the Aimee platform.
- Fails to comply with any of the Ambassador terms
- Makes any representations or warranties on behalf of Aimee, other than the ones contained in Aimee's marketing and promotional information
- Promotes Aimee services through unsolicited or spam emails or otherwise violates any laws regulating electronic communications
- Engages in, promotes, or contributes to, or creates a platform for, the publishing, hosting, or promotion of sexually explicit materials, scantily clad images or video, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or of any content that is unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable to Aimee in Aimee's sole discretion
- Transmits messages or images inconsistent with the positive images and/or good will with which Aimee wishes to associate
- Engages in, promotes, or contributes to any activity, software, or materials that may divert commissions from other participants in the program
- Engages in, promotes, or contributes to any illegal activity or violates Aimee's or any third party's legal rights, and/or intellectual property rights
- Engages in "spam" advertising, sends unsolicited commercial email, posts commercial messages to any forum that prohibits such messages, or engages in any other advertising or marketing practices that are deceptive, misleading, fraudulent, or otherwise objectionable in Aimee's sole discretion. You may not present Aimee's banners, images or videos as if they are your own or any other site's (which is usually referred to as copyright or trademark infringement, and is illegal) as it may cause a customer to opt-in thinking they are signing up to receive Aimee communications rather than yours
- Creates or links to a website that copies, resembles, has the look and feel of or creates the impression that it is the Aimee website or any other platform of Aimee
- Reads, intercepts, records, redirects, interprets or fills in the contents of any electronic form or other materials submitted to Aimee by any person or entity
- Uses any promotional coupon or code that is not provided to Ambassador by Aimee for the program, or runs any ad with any of Aimee's URLs offering Brand Ambassador commissions
- Sells or re-sells any of the Aimee services, or offers a cash incentive or discount on Aimee services as a means of promotion
- Takes any action (or fail to take an action), that is deemed to be unsuitable to Aimee, in its sole discretion.
Rights of Aimee
5. Aimee reserves the right to preview Ambassador's content upon request and reserves the right to request changes to and/or removal of content in its sole discretion. We have the right to monitor your accounts at all times to ensure that your accounts comply with the Ambassador terms, the law, and any other requirements. We may notify you of any changes to your content or accounts that we feel should be made. Without limiting our rights as stated herein, we may terminate your participation in the program if you do not make any changes to your account that we feel are necessary or appropriate. We reserve the right to terminate your participation in the program immediately and without notice to you should we suspect that you have committed fraud or otherwise violated the Ambassador terms. If such fraud or abuse is detected, Aimee shall not be liable to you for any commissions for such fraudulent sales.
Independent Contractor Agreement
6. By entering into the Ambassador terms, you agree that:
- You are customarily engaged in an independent business providing marketing and Brand Ambassador services, and are not an employee of Aimee. Therefore, you are not entitled to any benefits provided by Aimee to its employees, including, without limitation, worker's compensation benefits or group insurance. Nothing in the Ambassador terms should be construed to create an employer-employee relationship or any other relationship other than that of an independent contractor.
- Aimee will not have control or exercise direction over the methods by which you perform the services. You are responsible for creating content and determining when your content will be shared, with the exception of time-sensitive projects as identified by Aimee
- You are responsible for your own federal, state and local income, social security, unemployment, sales, disability and any other applicable local, state or federal taxes arising out of your performance of services under the Ambassador terms. If applicable, Aimee will report amounts paid to you by filing form 1099-misc. With the internal revenue service, as required by laws.
You understand and agree that Aimee will not withhold or make payments for social security, unemployment insurance or disability insurance contributions on your behalf. You agree to indemnify and defend Aimee against any and all such taxes or contributions. You are also responsible for all costs, liabilities and expenses you may incur in connection with performing services under the Ambassador terms.
7.1. Payment for services. In consideration of the promotional services and rights granted to Aimee with respect to content, Ambassador will be compensated as follows:
- Aimee Influencers ("users") earn money based on the sales they generate for brands via the promo links they share online. When someone makes a purchase via the user's promo link, the user receives a commission. Pay out generally occurs after 60 to 90 days following the purchase. Please see our Terms of Service for the most up to date information.
- Commission rates are usually 9% of each sale made by new users and influencers you've recruited to join Aimee, however the rates can vary by both the brand and the product purchased. Please see our Terms of Service and each brand's individual commission rules for the most up to date information.
- From time to time we will incentivize Brand Ambassadors by offering increased commission rates for particular periods of time, as well as bonuses for top performers whose recruits have generated the most sales, and other incentives at our sole discretion.
- A commission to be communicated to you in writing by Aimee and paid to you via PayPal based on customers' use of your unique Aimee Promo codes to purchase goods and services from Aimee Brand Partners.
- An additional commission based on the customers' use of the unique Aimee Promo codes (to purchase goods and services from Aimee Brand Partners) generated by anyone who joins Aimee using your personal Referral Code.
- Your commission will be paid on a monthly basis in each month in which your commission is at least fifty dollars ($50). Your commission will roll over to the next month(s) if $50 in commissions is not reached in a given month. Please see our Terms of Service for the most up-to-date information.
- Discounted or free products and services from Aimee's Brand Partners, at Aimee's discretion, the value and amount of which shall be determined by Aimee.
- The opportunity to participate in special events (including, without limitation, local events, live events, expos, photoshoots, video shoots and other special projects) in which any additional compensation would be set forth in a separate written agreement signed by you and Aimee.
- Aimee will strive to give priority to Ambassadors for special events, although such invitations to participate cannot be guaranteed.
7.2. Commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, returned sales, canceled sales, or sales that are refunded for any reason, any paid commission will be deducted from the amount owed to the Ambassador and any subsequent payment. Ambassador will not be paid a commission on sales or orders that are in delinquent status.
7.3. Ambassador commissions are counted and final numbers are deemed final at the sole discretion and decision of Aimee. Aimee also reserves the right to change the dates of the commission payout.
7.4. Ambassador should clearly advise followers/ customers to use the Ambassador's promotional code to purchase Aimee services in order for Ambassador to receive commission.
7.5. While Aimee makes every reasonable effort to accurately track and pay commissions for all Ambassador sales, Aimee is not responsible nor shall be held liable for any technical difficulties, outside events, actions by other Ambassadors, or other uncontrollable events that may disrupt or interfere with Aimee's ability to track sales or pay commissions. Aimee has the right to pay commissions to any other person, in its discretion.
8. All Aimee trade names, trademarks, logos, slogans, domain names, trade dress, coupons, hypertext links, promotional codes, designs, works of authorship, and other advertising and marketing material (collectively, the "Aimee intellectual property") is the property of Aimee, and you will not use such Aimee intellectual property except in the form provided to you through the program, and solely for the purpose and in the manner specifically authorized by Aimee.
Unless and only to the extent explicitly authorized by Aimee, you will not modify any Aimee intellectual property or use any modified or derivative version of any Aimee intellectual property.Unless and only to the extent explicitly authorized by Aimee, you will not purchase, use or register any domain name, or any social media profile name, handle, or moniker, that comprises or incorporates any Aimee intellectual property or any variations, derivatives or misspellings thereof.
You will not publish, host, or promote any Aimee intellectual property or other material that misrepresents your relationship with Aimee or implies that you are an official site, authorized dealer, or otherwise specially connected with or sponsored by Aimee. Without limiting the foregoing, you will not publish, host, or promote any press releases, print advertising, or co-branding items that reference Aimee or make use of any Aimee intellectual property or any variations or derivatives thereof, except to the extent expressly authorized by Aimee.
You agree that any and all content, photos, videos, verbiage, pictures, writings, other work product and/or works of authorship generated as part of the content or otherwise related to the work that you do for Aimee (collectively, the "content") shall be sole and exclusive property of Aimee, and you irrevocably assign to Aimee all right, title and interest in any content that you create, or to which you contribute, including all intellectual property rights contained therein. You acknowledge and agree that Aimee is expressly authorized to use your name, likeness, voice, signature, photograph, image, distinctive appearance, gestures or mannerisms as part of any content, such use will not constitute an infringement of any of your rights, and all your rights relating to or embodied in any content are hereby waived.
Aimee may post any and all of the content on social media outlets (including but not limited to YouTube, Facebook and Instagram) at its discretion, in perpetuity, at no charge.
You acknowledge and agree that all content was specially requested by Aimee, and further agree that it shall be considered a work made for hire within the meaning of the copyright laws of the United States (together with any modifications, improvements or enhancements). Aimee may use and/or re-use the content, alone or with other material, in its sole discretion, without any obligation to give you any ownership, credit or remuneration.
9. Aimee may disclose to you confidential or proprietary information and trade secrets from time to time (collectively, "confidential information"). Aimee's confidential information includes, without limitation, all non-public or proprietary information and Aimee intellectual property, including, but not limited to specifications, ingredients and other proprietary information relating to the Aimee services, sales figures, software passwords, customers, names and contact information, event format, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, personal information of employees and agents, sponsorship strategies, relationships with vendors, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, inventions, techniques, marketing and other future plans. You agree to hold all confidential information in the strictest confidence and not to disclose the confidential information to any third party. You agree that Aimee is (and will remain) the sole and exclusive owner of all right, title and interest in and to the confidential information, and all Aimee intellectual property. You further agree that you will not and will cause any employees and other agents to not, use Aimee's confidential information for the benefit of anyone other than Aimee. You agree not to use Aimee's confidential information for any purpose except in the performance of your obligations under the Ambassador terms.
Term and Termination
10. The term of the Ambassador terms shall begin upon submission of your application and continue until terminated, with the services subject to reasonable adjustment in Aimee's discretion. The Ambassador terms may be terminated by Aimee immediately at any time, with or without cause, upon Aimee's written notice to you; and by you upon fifteen (15) days written notice by you to Aimee. Ambassadors who do not follow the applicable requirements can be subject to termination, suspension, or their commissions being held until all requirements are followed. The obligations related to confidential information will continue perpetually after the termination of the Ambassador terms.
11. Aimee recognizes that, as an independent contractor, you are available to perform services for entities other than Aimee. You agree to notify Aimee of any other arrangements. Moreover, you warrant and represent that there is no conflict or potential conflict of interest between your performance of services under the Ambassador terms and the performance of services under other contracts for services or as an employee of other entities and will ensure that no such conflict arises. Without limiting the foregoing, you agree to promptly notify Aimee if and when you are engaged to perform substantially similar services with respect to a competing brand of services.
12. You will at all times defend, indemnify and hold harmless Aimee (including, without limitation, all related and affiliated entities and their respective directors, officers, shareholders, agents and representatives) from and against any and all claims of whatever nature, including without limitation: (i) any violation of law committed by you or your agents; and/or (ii) your participation in the program, and/or your breach of any obligation, representation or warranty set forth in the Ambassador terms. Your obligation to indemnify and defend Aimee as set forth in this section shall include reimbursement of any and all legal fees and related costs and expenses incurred by Aimee in connection with any such claim.
Limitation of Liability
13. Aimee will not be liable to you under any legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if Aimee has been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in the Ambassador terms, in no event shall Aimee's cumulative liability to you arising out of or related to the Ambassador terms, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commissions paid to you under the Ambassador terms.
14. Aimee makes no express or implied representations or warranties regarding Aimee's website(s) or any other websites maintained and operated by Aimee or the services provided thereon or otherwise offered by Aimee, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, Aimee makes no representation that the operation of any Aimee website will be uninterrupted or error free, and Aimee is not liable for the consequences of any interruptions or errors.
15. Aimee may change the Ambassador terms in the future. 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 the Ambassador terms by making any typed, handwritten, or any other changes to them for any purpose.
16. The Ambassador terms contain the entire agreement with respect to your independent contractor relationship with Aimee and supersede any prior verbal and/or written agreements or representations regarding said relationship, and will be governed by the laws of the state of New York (without regard to conflict of law principles). All disputes, claims or controversies arising out of or in any way relating to the Ambassador terms, shall be governed by, construed under, and enforced in accordance with the laws of the state of New York, without regard to conflict of laws principles. All claims, disputes, or causes of action under the Ambassador terms, whether by you or Aimee, must be brought in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. The Ambassador terms are made under the provisions of the Federal Arbitration Act (9 U.S.C., sections 1-14) ("FAA") and will be construed and governed accordingly. The parties agree that the procedural and the substantive provisions of the FAA shall apply. Nothing herein shall prevent any party from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Both parties may conduct discovery to the same extent as would be permitted in a court of law. The arbitrator shall issue a reasoned, written decision that explains the legal and factual basis for the arbitrator's decision on all claims and defenses presented to the arbitrator. The arbitrator shall have the full authority to award all relief and remedies which would otherwise be available in a court of law, including, but not limited to, monetary damages, attorneys' fees, costs, and exemplary damages when authorized by applicable law. Any awards or orders in such arbitrations may be entered and enforced as judgments in the federal and state courts of any competent jurisdiction. The Ambassador terms can be amended only by a written agreement signed by you and Aimee. Each party agrees to do all such acts, matters and things and shall sign or execute and deliver all such documents as may in the reasonable opinion of the other party be necessary or expedient to further and more effectually carry into effect the provisions of the Ambassador terms.
For more information or if you have questions, please contact us by e‑mail at email@example.com.