The following constitute the full terms of the COAT Ambassador agreement.
In this Agreement the following words have the following meanings:
“Fee” means any fixed amount paid to the Ambassador for services the services outlined.
“Commission” means any variable amount paid to the Ambassador based on Campaign performance.
“Services” means the services to be provided by the Ambassador as outlined.
“Campaign” means a defined and planned set of product, content and posting activity.
“Discount” means any percentage reduction in the product’s Recommended Retail Price (RRP) payable.
- All posts by the Ambassador and any assets provided to COAT as part of this campaign are guaranteed licence free and can be used by the Company for their owned marketing channels, which may include ads or promotions. All posts will tag the Ambassador where appropriate and possible if so.
- All assets provided by the Ambassador can be used by the Company in Press, and by their Retail partners for marketing purposes when permitted by the Company. Every effort will be made to ensure that credit will be given wherever possible, although COAT cannot guarantee this at all times when images are used in Press or by Retail partners.
- All campaign activity by the Ambassador must comply with relevant laws and guidelines.
- Unless otherwise agreed, no other paint brand is to be highlighted / named alongside The Company in any of the content created as part of the Campaigns. (Please ask us if you’d like to do this).
- Once an agreed Campaign post is live, the available engagement data should be shared upon request from The Company.
- The Ambassador’s performance of the Services under the terms of this Agreement shall be in good taste, considering the reputation and standards of the Company and the Campaign, and will not contain any profanity, obscenity or other material which the Company considers objectionable in its sole judgement.
- The Ambassador will not at any time during the performance of the Services do or say anything for whatever reason which is or may reasonably be considered by the Company to be detrimental or prejudicial to the Company or the Campaign or which may reasonably be considered by the Company to affect adversely the commercial reputation or business of the Company or to bring the Ambassador, the Company or the Campaign into disrepute, public hatred scorn or ridicule.
- The Company will provide the Ambassador with adequate briefing and information about the Campaign so as to be able to perform their role. The Ambassador must communicate with The Company before posting if they feel they are lacking any of the necessary information to perform their duties under the Campaign.
- The Fee or equivalent Discount payable if applicable is contingent upon The Ambassador’s satisfactory completion of the Services as set out in this Agreement. In the event that the Ambassador fails to perform such duties as outlined for the Campaign for whatever reason, or is otherwise in breach of the terms of this Agreement no Fee or other costs or expenses shall be payable by the Company.
- The Fee or equivalent Discount payable is and shall represent full and final consideration for the Services and rights granted and/or procured, and the entire products of the Services, and includes any and all Representative’s commission, residual repeat fees and payments of whatever nature due to the Ambassador or her representatives by virtue of any guild union or other agreement and any and all payments due to the funds of any guild or union or other similar organisation and any all payroll income national insurance and other taxes or state contributions. No further or additional payment shall be due from the Company to the Ambassador the Representative or other representative of the Ambassador in respect of any of the foregoing.
- In the event that the Ambassador is unable to provide the Services for whatever reason and in accordance with the terms of this Agreement (and as set out in Section 1), or is otherwise in breach of the terms set out hereunder no Fee, charges or expenses of any kind whatsoever shall be payable by the Company to the Ambassador in respect of this Agreement.
- The Company is hereby granted the right to use any images and photos obtained of the Ambassador for public relations activity in relation to the Campaign and the Ambassador grants the Company the right to use and right to authorise others (including media organisations) all rights (including copyright) to use the Ambassador’s name, image, photograph, identified voice, for the purposes of publicising the Campaign.
- The Ambassador warrants that they will not be in breach of any contract with or of any other obligation to any third party by reason of entering into or exercising or granting any rights or performing any obligations under this Agreement.
- The Ambassador will render all services required under this Agreement diligently, willingly, conscientiously and to the best of her professional skill and ability in willing cooperation with others and in the manner reasonably required by the Company or by the Company’s appointed representatives.
- In the event the Ambassador does not execute the Campaign for any reason whatsoever no Fee where applicable shall be payable by the Company. The Company may also rescind any discounts originally applied if the Campaign is not executed for any reason.
- English Law shall govern this agreement and both parties submit to the exclusive jurisdiction of the English courts.
- Either party can terminate this agreement for any reason with 30 days written notice via email.
- If any conditions of this agreement are breached, either party can terminate with immediate effect upon written notification via email.
- If conditions are breached or The Ambassador chooses to terminate the agreement in advance of delivering assets, The Company may at their discretion demand the reimbursement of Fees, Commission or Discounts from The Ambassador.
- Rights assignment to assets generated as part of this agreement continue indefinitely beyond termination.