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RYSK MENSWEAR AMBASSADOR PROGRAM TERMS AND CONDITIONS
Welcome to the Terms of Service for the Rysk Menswear Ambassador Program. This Agreement contains the complete terms and conditions that apply to an individual's participation in the Program, and govern our respective rights and obligations. As used in this Agreement, "we", "us", or "our" means Rysk Menswear or any of our companies, and "you" means the applicant. The “Rysk Menswear Site" means the www.ryskmenswear.com web site, which has its primary home page identified by the URL www.ryskmenswear.com.
1. ENROLMENT AND PARTICIPATION
Please be aware that you must be older than eighteen to participate in the Rysk Menswear Ambassador Program to enter into form contracts under Applicable Laws.
As part of your Program application, we will request and collect your first and last name, an email address, phone number, and physical address as well as your bank details if you’re successful. The information we request and collect from you when you enrol in the Program, whether mandatory or optional is completely confidential. Any Program Information you provide us must be valid and complete at all times. You are obligated to update your Program Information if it changes in any manner.
We will evaluate your Program application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine in our sole discretion that you intend to use your platform negatively. Unsuitable topics include, but are not limited to, those that:
1. market or promote products or services to children under the age of eighteen (18)
2. market or promote alcohol, tobacco or prescription drugs
3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
4. defame or violate the privacy or publicity rights of any person
5. include any trademark or other brand identifier, or any copyrighted materials, of Rysk Menswear (other than as allowed pursuant to this Agreement once a Program application is accepted)
6. incorporate any variation or misspelling of any trademark or other brand identifier of Rysk Menswear or any of its affiliated companies in any domain name or in any username, group name, or other identifier on any social networking site;
7. in any way copy or resemble the "look and feel" of the Rysk Menswear Site, or imply that they are in fact the Rysk Menswear Site; or
8. otherwise violate any of our or any third party's intellectual property or other proprietary rights.
By participating in the Program, you agree that you do not and will not engage in any such activities. If we accept your application and later determine in our sole discretion to be unsuitable for the Program, we may suspend your services.
2. RELEASE RESTRICTIONS
You may not announce the release of a Rysk Menswear product on your social media or any other site before the date of its general release on the Rysk Menswear Site. Without limiting the generality of the foregoing, any Rysk Menswear products or versions of Rysk Menswear products which are made available to specified customers prior to the general release of such products, will be made available to you only as of and following the date of their general release on the Rysk Menswear Site.
3. REFERRALS AND PAYMENT
You will earn referral fees in the amount of 5% of the Net Revenue generated from all purchases generated by your personalised code."Net Revenue" means Gross Revenue less: (i) any taxes, duties, fees, excises or tariffs paid or payable by Rysk Menswear in connection with such sales, and (ii) any credits granted for returns, refunds, chargebacks and other similar adjustments.
Your accrued referral fees will be payable to you at the end of every month. You will not need to request payment from us in order to receive your referral fees. Once you have an available balance accrued we will automatically deposit into your allocated account at the end of each month.
We are obligated by U.S. federal law to obtain tax information from Program participants who are U.S. citizens, U.S. residents or U.S. corporations (you must provide us with a current W-9), and from Program participants who are not U.S. citizens or residents but whose businesses are taxable in the U.S (you must provide us with a current W-8). If we believe you are a Program participant from whom we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your Referral Fee payments until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
You are required to provide complete and accurate payment information. We are not responsible for any failure or delay in remitting payments to you if you have not provided us with complete and accurate information.
We expressly reserve the right during the term, and following any termination, of this Agreement to seek any and all available legal remedies to reclaim any overpayments of Referral Fees made to you or any Referral Fees paid to you which were generated as a result of any fraudulent activity or violation of this Agreement on your part.
5. LEGAL COMPLIANCE STANDARDS
(a) Compliance with Applicable Laws. As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those Applicable Laws are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all Applicable Laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws. You are solely responsible for understanding the scope and applicability of, and complying with, all such Applicable Laws when you send marketing emails or participate in any other activities related to the Program. Any instance of non-compliance with such Applicable Laws may result in suspension or termination of your Program account in our sole discretion.
(b) Fraudulent or Suspicious Activity. We reserve the right to suspend or terminate your Program account in our sole discretion based on any actual or suspected fraudulent or suspicious activity on your part, or any activity not in keeping with our brand and customer standards or the integrity of the Program. This may include, but is not limited to:
1. participating in any activity that attempts to generate illegitimate, unearned Referrals or Referral Fees, including, adding yourself, a member of your immediate family, or a business associated with you or such person as a Referral
2. using any automated scripts that attempt to mimic the activity of legitimate, human Referrals
3. surreptitiously gathering a user's personally identifiable information without explicit consent
4. diverting a user to another site not requested by such user
5. falsely promoting any Rysk Menswear product in a manner which misleads consumers
6. posting or otherwise making any public communications about us, any Rysk Menswear Site, including, without limitation, the Rysk Menswear Site, or the Program which are derogatory or false
7. deploying software that initiates or terminates a user's connection to the Internet, removes or disables security settings, pop-up-blocking, or anti-virus, anti-adware, or anti-spyware programs, or automatically reinstalls or reactivates itself or another application after being uninstalled or removed by a user.
6. ADDITIONAL POLICIES
1. Responsibility for Your Site. You will be solely responsible for the development, operation, and maintenance of Your Site and for all materials that appear on Your Site. Without limiting the foregoing obligation, you will be solely responsible for (i) the technical operation of Your Site, (ii) ensuring that your display of any links to the Rysk Menswear Site does not violate any agreement between you and any third party (including, without limitation, any restrictions or requirements placed on you by a third party that hosts Your Site).
2. Customers and Pricing Policies. As between the parties, we will be responsible for fulfilling orders and providing services to Referrals who purchase Rysk Menswear products. Any such Referrals will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders and customer service will apply to those customers. We may change our policies and operating procedures at any time, including our pricing policies on the Rysk Menswear Site. For this reason, you are responsible for ensuring that any price information you include in promoting the Rysk Menswear Site is current and accurate at all times.
3. Publicity. You may not issue any press release or other public announcement with respect to this Agreement or your participation in the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to you).
7. SUSPENSION OF ACCOUNTS
1. General. The provisions in this section govern that if we suspend you from the program for any reason, you will be notified by us immediately. During the tenure of any suspension, you may continue to generate referral fees though you are not entitled to receive payments until your suspension is resolved.
2. Violation of Agreement. If you violate or breach this Agreement in any manner, we may in our sole discretion suspend your account while we investigate the matter and consider the appropriate resolution.
3. Reinstatement Following Violation. If we determine in our sole discretion to lift the suspension and reinstate you in the Program, you will be eligible to receive your referral fees generated during the suspension period.
4. Termination Following Violation If you’re suspended as a result of any violation or breach of this Agreement and we thereafter determine in our sole discretion to terminate this Agreement and your account, any accrued referral fees remaining in your account at such time will be unconditionally and irrevocably forfeited, regardless of whether those amounts were accrued before or during the suspension period.
8. TERMINATION OF ACCOUNTS
1. Termination Rights. Either you or we may terminate your Program account and this Agreement at any time, with or without cause, by giving the other party written notice of termination. Without limiting the generality and inclusiveness of these rights, we may terminate this Agreement with you and your participation in the Program if: (a) this Agreement is violated in any way by you, as determined by us in our sole discretion, (b) you substantially decrease or stop promoting the Rysk Menswear Site.
2. Termination by Us. If we elect to terminate your participation in the Program for inactivity upon expiration of any Pendency Period, for any violation or breach of this Agreement by you, or for any other reason, any accrued Referral Fees remaining in your Program account upon termination will be unconditionally and irrevocably forfeited.
3. Termination by You. If you voluntarily and legitimately elect to terminate your participation in the Program, you are eligible to earn Referral Fees that have occurred prior to the effective date of any such termination. If any voluntary termination on your part is a subterfuge to conceal or avoid responsibility for any violation or breach of this Agreement by you, you will not be entitled to receive any such amounts, and any accrued Referral Fees remaining will be unconditionally and irrevocably forfeited.
9. PROGRAM MODIFICATION
We may modify the Program, including, without limitation, any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice of the changes or a new agreement on the Rysk Menswear Site. In the event we elect to do so, you may terminate this Agreement and your participation in the Program. If any change to this Agreement is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity or the enforceability of any other changes to this Agreement.
If any modification is unacceptable to you, your only option is to terminate this agreement. Your continued participation in the program after we change these terms means your acceptance of the changes. If you do not agree to any changes, you must terminate your participation in the program.
1. Relationship of Parties. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on social media or otherwise, that reasonably would contradict anything in this Section.
2. I hereby acknowledge that Rysk Menswear has permission to use content in any media for any purpose. This may include, but is not limited to advertising, promotion, marketing and packaging for any product or service and will be credited as such on social media and print media. I agree that the content may be combined with other images, text, graphics, film, audio, audio-visual works and may be cropped, altered or modified. I acknowledge that I have no rights to the content, and all rights to the content belong to Rysk Menswear. I acknowledge that this release is binding upon heirs and assigns. I agree that this release is irrevocable worldwide and will be governed by the laws (excluding the law of conflicts) of the country and/or state nearest to the address of the model: Australia and New Zealand.
3. Limitation of Liability. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. In addition, our aggregate liability to you arising out of this Agreement and the Program will not exceed the total Referral Fees paid or validly due and payable to you under this Agreement.
4. Independent Evaluation. You acknowledge that you have read this agreement and agree to the terms and conditions. You understand that you have independently evaluated your participation in the program and are not replying on any representation, guarantee, or statement other than as set forth in this agreement.
5. Assignment and Successors; No Waiver. You may not assign this Agreement by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against you and us, and our respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Please refer back to form on the previous page and acknowledge that you’ve read and understood the terms and conditions.