Terms of Use and Privacy Statement
Terms of Use and Privacy Statement
Terms of Use and Privacy Statement
COSIDLA (DBA OLD SCHOOL LABS) AMBASSADOR/AFFILIATE PROGRAM RULES, TERMS AND
CONDITIONS
It is extremely important that every Ambassador/Affiliate adhere to the
HIGHEST POSSIBLE STANDARDS of Ethical & Legal Conduct during this
promotion. The Federal Trade Commission has recently more clearly defined best
practices for Ambassador/Affiliate marketers, and it is our position that all Ambassador of Old School Labs must use these guidelines and regulations as
Standard Operating Procedure during their endorsement or promotion.
Step 1 - Download and Review the FTC Document for Endorsement Guidelines: href
Step 2 - In addition to the FTC Guidelines, please observe the following Best
Practices: When you promote, make sure you:
** Disclose your affiliation with Old School Labs when promoting the
products and/or company on your website, social media, or in video format.
** Include your relevant Privacy Policies on sites that you are promoting
Old School Labs with.
** Include your Terms of Service on sites that you are promoting Old
School Labs with.
** DO NOT SPAM (Do NOT send JUNK or UNQUALIFIED TRAFFIC to this
offer)
** Don't misrepresent yourself as a "typical result" or as a
"typical customer" when you promote products
** Be transparent and authentic
Terms & Conditions:
Old School Labs (hereinafter referred to as “The Company”) Ambassador/Affiliate
Agreement. This Agreement contains the complete terms and conditions that apply
to your participation as an Ambassador in the Ambassador/Affiliate Program of
The Company, and the establishment of links from your Ambassador/Affiliate platforms
and website to our website href
Definitions
Customer:
The user sent to The Company site via Ambassador/Affiliate link Ambassador/Affiliate / You: The publisher
advertising links/promotions of The Company
1. Enrollment in the Ambassador/Affiliate Program First, you need to
submit a complete Ambassador/Affiliate Program Application. We will evaluate your
application and will notify you of your acceptance or rejection. We may reject
your application if we determine (at our sole discretion) that you are
unsuitable for the Ambassador/Affiliate Program for any reason. If we reject your
application, you are welcome to reapply to the Ambassador/Affiliate Program at any
time.
2. Prohibited Sites/Verbiage Sites and people that promote sexually
explicit material or violence. Sites and people that promote
discrimination based on race, sex, religion, national origin, or physical
disability. Sites and people that promote illegal activities. Sites
and people or verbiage making medical claims in regards to our products/services
(ie. the curing or recession of an ailment)
3. Spam Ambassador/Affiliate agrees to not utilize SPAM in
promoting The Company. This action will result in the immediate termination of Ambassador/Affiliate
account with a cancellation of any pending commissions. Ambassador/Affiliate will
also be in violation of The Company’s Ambassador/Affiliate Agreement and subject
to legal action and be held liable for any financial loss incurred by The
Company. Any service interruptions to The Company’s website as a result of Ambassador/Affiliates
spamming will be billed to Ambassador/Affiliate at 500 U.S. dollars 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 Ambassador/Affiliate. The
ONLY exceptions to this are: Mailing to APPROPRIATE OPT-IN mailing
lists where the source does the mailing on Ambassador/Affiliate's 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 Ambassador/Affiliate
resulting in suspension or termination. You may include information
on The Company in email Acknowledgement Messages for orders and inquiries that
you receive so long as it is stated upfront that you will be sending them an
acknowledgement.
4. Promotion of Our Ambassador/Affiliate Relationship. As an Ambassador/Affiliate, we
will make available to you Links (each of these links sometimes being referred
to herein as "Links" or, individually, as a "Link") and
banners or other content, which, subject to the terms and conditions hereof,
you may display as often and in as many areas on your site or social media as
you desire. The Links will serve to identify you as a member of our Ambassador/Affiliate
Network and will establish a link from your site or social media to ours.
Company may repost, share or advertise content, for the purpose of promoting
the company, Ambassador/Affiliate Program, or Ambassador/Affiliate, without prior
consent or financial compensation, that is posted by the Ambassador/Affiliate to
their own social media or website, whether that content was originally supplied
by Old School Labs or the Ambassador/Affiliate themselves.
Links: Subject to the terms of clause © below, we will
provide you with Links, which will consist of a graphic images or text provided
by us (and subject to change from time to time in our sole discretion). 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 Links, you also agree that you will display on
your site only those graphic images (indicating a Link) that are provided by us,
or that are created in good taste by the Ambassador/Affiliate. All Links may be
modified and/or expanded from time to time throughout the term of this
Agreement pursuant to the mutual agreement of the parties hereto. Each Link
connecting users of your site to the pertinent area of our site will in no way
alter the look, feel or functionality of our site.
5. PPC Bidding Rules TM and TM + Keyword are restricted: (Vintage
Burn, Vintage Blast, and all other Old School Labs products). PPC
is only allowed on generic terms.
6. Our Responsibilities We will be responsible for providing
all information necessary to allow you to make appropriate Links from your site
to our site. We will be solely responsible for processing every order placed by
a customer following a special Link from your site, for tracking the volume and
amount of sales generated by your site, and for providing information to Ambassador/Affiliates
regarding sales statistics. We will be responsible for order entry, payment
processing, shipping, cancellations, returns, and related customer
service.
7. Other Responsibilities and Opportunities of Ambassador/Affiliate If you qualify
and agree to participate as an Ambassador/Affiliate, you shall display Links prominently
throughout your platfroms as you see fit and with our consent.
Contests and Promotions: As an Ambassador/Affiliate, you will be
entitled to participate and promote on your site any sweepstakes, contests, and
special promotions we may offer. In addition, you will be entitled to earn
commissions as set forth. Only offers and promotional tools
provided explicitly by The Company for use on an Ambassador/Affiliate site are
valid. The unauthorized use of promotional offers taken from
another website is strictly forbidden and may result in the termination of this
agreement. 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. We will monitor for FTC compliance to ensure disclosures
are adequately added. Please ensure compliance by following the guidelines set
by the FTC.
8. Reports of Sales You will be given a user name and password and
have the ability to enter a password-protected site to receive your sales
statistics on a daily basis.
9. Your Responsibilities You are solely responsible for ensuring
that reviews, descriptions, and articles on your site comply with applicable
copyright, FTC disclosure and other laws. You must have express permission to
use another party’s copyrighted or other proprietary material. We are not
responsible for violations. For additional information on expectations around
FTC disclosure please visit the FTC website.
10. Policies and Pricing Customers who buy The Company’s products
through the Ambassador/Affiliate Program 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 policies and operating procedures at any time. For
example, we will determine the prices to be charged for our products sold under
the Ambassador/Affiliate Program in accordance with our own pricing policies. Our
prices and product availability may vary from time to time. Because price
changes may affect products that you already have listed on your site, you
should update pricing often or not include price information in your product
descriptions.
11. Publicity You shall not create, publish, distribute, or permit
any written material that makes reference to us without first submitting such
material to us and receiving our written consent, which we agree shall not be
unreasonably withheld.
12. Licenses and Use of The Company’s logos and Trademarks WE GRANT
YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE
THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii)
SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR
HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING
MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR
THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR THE COMPANY. YOU MAY NOT
ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN
PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A
MEMBER IN GOOD STANDING OF THE Ambassador/AFFILIATE PROGRAM. You shall
not make any specific use of any Licensed Materials for purposes other than
selling products on your site for The Company, without first submitting a
sample of such to us and obtaining the prior written consent of The Company’s Ambassador/Affiliate
Program Manager, which shall not be unreasonably withheld. We reserve all of
our rights in the Licensed Materials and of our other proprietary rights. We
may revoke your license at any time, by giving you written notice.
13. 90 Day Association Any customer that makes a purchase through
your Ambassador/Affiliate site will be associated to you as a customer, so long as
that customer is not associated to The Company or another Ambassador/Affiliate
from a prior purchase for 90 days. If a Ambassador/Affiliate is inactive in the
Program for a period of 90 days, with no sales to new customers, The Company
reserves the right to remove the customer lifetime association of all Ambassador/Affiliate
customers and place that association directly with The
Company.
14. Promotion or sale of Old School Labs products through Google Shopping,
Amazon, Ebay, or other Product Listing Ads or Sites (owned or not owned by
you), are not allowed unless express written permission is provided by Old
School Labs. CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT
The Company proposes to disclose certain of its confidential and
proprietary information (the "Confidential Information") to Ambassador/Affiliate.
Confidential Information shall include all data, materials, products,
production methods, proprietary vendors, technology, computer programs,
specifications, manuals, business plans, software, marketing plans, financial
information, training materials and other information disclosed or submitted,
orally, in writing, or by any other media, to Ambassador/Affiliate by The Company.
All Information disclosed orally shall be considered Confidential Information,
unless identified as non-confidential by The Company at the time of disclosure.
Nothing herein shall require The Company to disclose any of its
information. Ambassador/Affiliate agrees that any Confidential
Information disclosed by The Company will not be shared with others in person,
by email, or through social media. Ambassador/Affiliate agrees that Information
sent to Ambassador/Affiliate from The Company will not be photographed, recorded
or reproduced in any way on social media. This includes but is not limited to Ambassador/Affiliate
training material, e-mail correspondence, written correspondence. Ambassador/Affiliate
agrees that the Confidential Information is to be considered confidential and
proprietary to The Company and Ambassador/Affiliate shall hold the same in
confidence, shall not use the Confidential Information other than for the
purposes of its business with Company, and shall disclose it only to its
officers, directors, or Ambassador/Affiliate with a specific need to know and only
disclosed as instructed by The Company. Ambassador/Affiliate will not disclose,
publish or otherwise reveal any of the Confidential Information received from
The Company to any other party whatsoever except with the specific prior
written authorization of The Company. Ambassador/Affiliate shall not duplicate
confidential Information furnished in tangible and nontangible form except for
purposes of this Agreement. Upon the request of The Company, Ambassador/Affiliate
shall return all Confidential Information received in written or tangible form,
including any information, copies, or reproductions, taken from href, within fifteen (15)
days of such request. If the Ambassador/Affiliate discloses, publish, or
otherwise reveal any information, media, or idea, from href, the Ambassador/Affiliate
agrees to pay $5,000 US dollars to Company as and for liquidated, estimated and
stipulated damages, to be paid within thirty (30) calendar days. At Ambassador/Affiliate
's option, Ambassador/Affiliate may destroy any documents or other media developed
by the Ambassador/Affiliate containing Confidential Information. Ambassador/Affiliate
shall provide a written certificate to The Company regarding destruction within
ten (10) days thereafter. The obligations of Ambassador/Affiliate
herein shall be effective indefinitely from the date that the Ambassador/Affiliate
Agreement between The Company and Ambassador/Affiliate terminates. Further, the
obligation not to disclose shall not be affected by bankruptcy, receivership,
assignment, attachment or seizure procedures, whether initiated by or against Ambassador/Affiliate,
nor by the rejection of any agreement between The Company and Ambassador/Affiliate,
by a trustee of Ambassador/Affiliate in bankruptcy, or by the Ambassador/Affiliate as
a debtor in possession or the equivalent of any of the foregoing under local or
federal law. This Agreement shall be governed and construed in
accordance with the laws of the United States and the state of California; in
the event of any conflict, the law of California will govern. Ambassador/Affiliate
consents to the jurisdiction of the Los Angeles Judicial District Superior
Court of California U.S. District Court in Los Angeles California for any
dispute arising out of this Agreement. Ambassador/Affiliate agrees that in the
event of any breach or threatened breach by Ambassador/Affiliate, 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 reimbursement of The Company's attorneys' fees
and costs. Ambassador/Affiliate 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. This is included but not
limited to sales figures, sales tracking methods, customer counts, company
growth, incentive programs, sales contests or events. Disclosing such
information to another Ambassador/Affiliate or an external party will be considered
a material breach of this Agreement and subject the Ambassador/Affiliate to
damages, injunctive relief and reimbursement of The Company's attorneys'
fees and costs.
SALES REPRESENTATIVE AGREEMENT
The Company is in the business of formulating, manufacturing, marketing, and
selling of nutritional products, supplements and branded apparel and
accessories. Ambassador/Affiliate is in the business of marketing and promoting
products of The Company. The Company and Ambassador/Affiliate desire to enter into
a business relationship subject to the terms and conditions set forth
below. The Company engages Ambassador/Affiliate, and Ambassador/Affiliate agrees
to be engaged, to The Company. The term of this Agreement shall commence on the
date hereinabove and shall continue through its termination. Either party may
terminate this Agreement without cause. Ambassador/Affiliate agrees to provide
thirty (30) days’ advance written notice of termination. The Company may
terminate this Agreement without advance notice. Ambassador/Affiliate acknowledges
that he/she is an independent contractor and that no employer-employee
relationship, join venture, partnership or agency relationship is created by
this Agreement.
NON-COMPETE:
Ambassador/Affiliate agrees not to directly or indirectly compete with the
businesses of The Company and its subsidiaries and Ambassador/Affiliates, to
include, but not limited to COSIDLA, INC or any other business owned or
partially owned by COSIDLA, INC during the term of this agreement for a period
of two (2) years following termination of this Agreement within the Territory
and notwithstanding the cause or reason for the termination of this
agreement. The term “non-compete” as used herein shall mean that the Ambassador/Affiliate
shall not own, manage, operate, consult with, officially represent, or be
employed by or in a business substantially similar to or competitive in any way
with the business of The Company, its subsidiaries, Ambassador/Affiliates, or such
business activity in which the Company may substantially engage during the term
of this agreement and for a period two (2) years following this
agreement.
NON-SOLICITATION OF CUSTOMERS:
Ambassador/Affiliate 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 Ambassador/Affiliate had any contact during
the term of this Agreement, whether or not the customer is located within the
Territory, during the term of this Agreement and for a period of two (2) years
following termination of this Agreement, and notwithstanding the cause or
reason for the termination of this Agreement. Ambassador/Affiliate agrees that The
Company has good will among its customers. Ambassador/Affiliate agrees that the
temporal restrictions of this provision are reasonable. This
Agreement is binding upon, and in-turn, to the benefit of the parties, their
successors, subsidiaries, affiliates, and personal representatives. I
acknowledge that I have read and fully agree to the terms of this Ambassador/Affiliate
Agreement.
CONTENT RIGHTS:
Media creator grants Old School Labs a royalty-free license for all branded media developed during the duration of this partnership, giving Old School Labs the rights to: