DAS Labs LLC dba Bucked Up (“Bucked Up”) is engaged in the business of formulating, manufacturing, marketing and selling nutritional products, supplements and branded apparel and accessories (collectively, “Products”). Bucked Up desires to retain you as a Bucked Up® Brand Ambassador, subject to the terms and conditions set forth below.
Assuming that Bucked Up accepts your application to become a Bucked Up® Brand Ambassador, this Agreement between Bucked Up and you (this “Agreement”) contains the complete terms and conditions that apply to (1) your participation as a Bucked Up® Brand Ambassador, and (2) the establishment of links from your Brand Ambassador website to Bucked Up’s website, https://buckedup.com .
Customer: The user sent to Bucked Up’s website via your Brand Ambassador link. You: The Bucked Up® Brand Ambassador candidate who will be advertising links/promotions of Bucked Up® Products from his or her Brand Ambassador website to Bucked Up’s website.
You must first submit a complete Bucked Up® Brand Ambassador Program application. Bucked up will evaluate your application and will notify you of your acceptance or rejection in three (3) to five (5) business days. You agree that Bucked Up may reject your application if it determines (at its sole discretion) that your site is unsuitable for the Bucked Up® Brand Ambassador Program for any reason. If Bucked Up rejects your application, you are welcome to reapply to the Bucked Up® Brand Ambassador Program at any time.
If Bucked Up accepts your application, the term of this Agreement shall commence immediately upon Bucked Up’s acceptance of your application and shall continue until the Agreement has been terminated by either party. Either party may terminate this Agreement without cause. You agree to provide thirty (30) days' advance written notice to Bucked Up of your termination of this Agreement. Bucked Up may terminate this Agreement immediately without advance notice. Upon termination by Bucked Up, Bucked Up may (i) immediately suspend, limit or terminate your access to any Bucked Up account, and (ii) instruct you to cease all promotional activities or make clarifying statements, upon which instruction you agree to immediately comply.
The FTC has clearly defined best practices for affiliate marketers, and you must comply with these practices while performing your duties as a Brand Ambassador.
Download and review the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising: http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf, and the FTC’s Disclosures 101 for Social Media Influencers: https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
When publishing posts/statuses about Bucked Up or Bucked Up’s Products or services on your website, social media, video format or any other medium, you must clearly disclose that you are a Bucked Up® Brand Ambassador and your “material connection” to Bucked Up, including that you were given any consideration, were provided with certain experiences or are being paid for a particular service. The above disclosure should be clear and prominent and made near any statements that you make about Bucked Up or Bucked Up’s products. This disclosure is required regardless of any space limitations of the medium (e.g., Twitter), where the disclosure can be made via Hashtags, e.g., #sponsored.
Your statements should always reflect your honest and truthful opinions and actual experiences. You should only make factual statements about Bucked Up or Bucked Up’s Products that you know for certain are true and can be verified. You must not misrepresent yourself as a "typical result" or as a "typical customer" when you promote Bucked Up® Products. You must be transparent and authentic.
You agree to avoid sites or use verbiage making medical claims regarding Bucked Up’s Products or services (i.e., "the curing or recession of a disease or ailment").
Your promotion of Bucked Up is exclusive to Bucked Up during the term of this Agreement, and you will not work for or promote the nutritional, dietary and protein supplements of a competitor or other company, including but not limited to protein powders, pre-workout, energy drinks and sports nutrition supplements.
You may compare Bucked Up’s Products to those of a competitor but may not promote a competitor’s products in any way in your posts.
All blog posts, social media statuses, tweets and/or comments should be in good taste and free of profane or inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, national origin, disability, sexual orientation, physical disability or age. To that end, you agree to avoid sites that promote in any way (i) sexually explicit material or violence; (ii) discrimination based on race, gender, religion, national origin, sexual orientation, physical disability or age: (iii) illegal activities; and (iv) hate speech or hate of any kind.
You agree to act professionally and positively when promoting Bucked Up’s products, to maintain the highest ethical standards and to avoid even the appearance of impropriety.
You agree that you will not utilize spam, or send junk or unqualified traffic, in promoting Bucked Up and Bucked Up® Products. This includes twitter spam and social media spam. Doing so will result in the immediate termination of your account with a cancellation of any pending commissions. You will also be held in violation of this Agreement and subject to legal action and be held liable for any financial loss incurred by Bucked Up. Any service interruptions to Bucked Up's website as a result of spamming will be billed to you at $500 per hour until service is restored.
For purposes of this Agreement, spam is defined as emailing anyone regarding Bucked Up, in bulk or by single mailing, who has not specifically requested the information directly from you. Any type of advertisement about Bucked Up posted to a newsgroup or chat room not sponsored by the Bucked Up® Brand Ambassador program is considered spam.
An exception to this definition is mailing to appropriate opt-in mailing lists when the source does the mailing on your behalf. However, you must use extreme caution when choosing an opt-in mailing list company. Using anything but the most reputable sources could generate spam complaints against Bucked Up or the Bucked Up® Brand Ambassador Program, resulting in your suspension or termination.
You may include information about Bucked Up in email acknowledgement messages for orders and inquiries that you receive so long as it is stated up front that you will be sending them an acknowledgement.
You must not post personal coupon codes on any coupon code sites or forums or on any Bucked Up social media advertisements, promotions or any other Bucked Up® Brand Ambassador pages, posts or groups. To do so is in violation of this Agreement, which will disqualify you from receiving your commissions and may result in your suspension or termination from the Bucked Up® Brand Ambassador Program. Bucked Up reserves the right to disable any code that is found or promoted on any coupon code site, including Reddit or any other social media forum dedicated to coupon codes and discounts.
You will earn a commission of 20% on any completed orders for products made by Customers using the tools provided to you by Bucked Up to make those orders, such as promo codes, store links and sampler links.
You will be paid via store credit on the fifth day of each month for the previous month’s earnings if you earn less than $25.00. If you earn more than $25.00, then you will be paid via PayPal on the fifteenth of each month for the previous month’s earnings. All store credit payments receive a 10% bonus when you choose to be paid via store credit instead of PayPal.
There will be no commission payments on the one-time 50% off code. If your only purpose in joining the Bucked Up® Brand Ambassador Program is to obtain the benefits without following the guidelines, you will be dismissed from the program, and further actions may be taken. Bucked Up tracks and reconciles every sale. Bucked Up also tracks and records every individual who receives any of the incentives provided by Bucked Up.
As a Bucked Up® Brand Ambassador, Bucked Up will make available to you resources (each of these resources sometimes being referred to herein as "Resources" or, individually, as a "Resource") and banners, which, subject to the terms of this Agreement, you may display as often and in as many areas on your site as you desire and with Bucked Up’s consent. The Resources will serve to identify your site as a member of the Bucked Up® Brand Ambassador program and will establish a Resource from your site to the Bucked Up site.
Subject to the terms of the clause below, Bucked Up will provide you with graphic images or text provided by us (and subject to change from time to time at Bucked Up’s sole discretion). These Resources will connect your site directly to Bucked Up’s site. By utilizing these Resources, users of your site will be able to order directly from Bucked Up any Products that were described or referenced on your site.
You agree that Bucked Up may update, edit, modify and add its logo to any photos that you send to Bucked Up. It is your responsibility to obtain approval from the photographer before you send the photos to Bucked Up.
In utilizing the Resources, you agree that you will display on your site only those graphic images (indicating a Resource) that are provided by us, or that you create in good taste as determined by Bucked Up. All Resources may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of Bucked Up and you. You agree that each Resource connecting users of your site to the pertinent area of the Bucked Up site will in no way alter the look, feel or functionality of Bucked Up’s site.
You agree to refrain from using Bucked Up in your Instagram username. Written approval from Bucked Up’s Chief Executive Officer is required to do so.
Bucked Up is responsible for providing all information necessary to allow you to make appropriate links from your site to the Bucked Up® site. Bucked Up is solely responsible for processing every order placed by a customer following a special link from your site, for tracking the volume and number of sales generated by your site and for providing you information regarding sales statistics. Bucked Up is responsible for order entry, payment processing, shipping, cancellations, returns and related customer service.
You agree to comply with the FTC guidelines and marketing regulations referenced above and with Bucked Up’s Brand Ambassador Social Media Policy. You are solely responsible for ensuring that reviews, descriptions and articles on your site comply with applicable FTC disclosure, copyright and other laws. You must have express permission to use another party's copyrighted or other proprietary material. You agree that Bucked Up is not responsible for any such violations on your part as contemplated herein. For additional information regarding your responsibility to ensure proper FTC disclosures and to comply with all FTC guidelines, please visit the FTC website.
Bucked Up has the right in its sole discretion to monitor your site at any time to determine if you are following the terms of this Agreement.
Bucked Up will monitor for FTC compliance to ensure that your disclosures are adequately added and that you are complying with FTC guidelines. You are expected to comply with all FTC guidelines.
You are entitled to participate in and promote on your site any sweepstakes, contests and special promotions that Bucked Up may offer. You may earn commissions that are derived only from offers and promotional tools provided explicitly by Bucked Up for use on your site.
The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this Agreement and your removal as a Brand Ambassador.
Bucked Up is not responsible for the cost, shipping or promotion of your personal giveaways. You are responsible for the purchase, shipping and advertising of items for your personal giveaways.
You agree to receive text messages from Bucked Up at the number that you provide to Bucked Up when you apply to become a Bucked Up® Brand Ambassador. Message and data rates may apply. Message frequency varies. You can unsubscribe afterwards at any time by replying STOP to cancel. View DAS Labs’ Privacy Policy.
You will be given a username and password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis.
Customers who buy Bucked Up's Products through Bucked Up® Brand Ambassador Program codes will be deemed to be customers of Bucked Up. Accordingly, all of Bucked Up’s rules, policies and operating procedures concerning customer orders, customer service and sales will apply to those customers. Bucked Up may change its policies and operating procedures at any time. For example, Bucked Up will determine the prices to be charged for its Products sold under the Bucked Up® Brand Ambassador Program in accordance with its own pricing policies. Bucked Up’s 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.
You will not make any personal appearances or create, publish, distribute or permit any written material that refers to Bucked Up without first submitting such material to Bucked Up and obtaining Bucked Up’s written consent
BUCKED UP GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS ITS 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 ITS LOGOS, TRADE NAMES, TRADEMARKS AND SIMILAR IDENTIFYING MATERIAL RELATING TO BUCKED UP (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR BUCKED UP. 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 BUCKED UP® BRAND AMBASSADOR PROGRAM.
You shall not make any specific use of any Licensed Materials for purposes other than selling Products on your site for Bucked Up, without first submitting a sample of such to Bucked Up and obtaining the prior written consent of the Bucked Up® Brand Ambassador Program manager. Bucked Up reserves all of its rights in the Licensed Materials and of its other proprietary rights. Bucked Up may revoke your license at any time by giving you written notice of the revocation.
Promotion or sale of Bucked Up® Products through Google Shopping, Amazon, eBay, or other product listing ads or sites (either owned or not owned by you) is prohibited unless express written permission is provided by Bucked Up.
Bucked Up may disclose certain of its confidential and proprietary information (the "Confidential Information") to you. 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 you by Bucked Up. All Information disclosed orally shall be considered Confidential Information, unless identified as non-confidential by Bucked Up at the time of disclosure. Nothing herein shall require Bucked Up to disclose any Confidential Information to you.
You agree that any Confidential Information disclosed to you by Bucked Up will not be shared with others in person, by email, through social media and in any other manner or through any other medium. You agree that Information provided to you by Bucked Up will not be photographed, recorded or reproduced in any way on social media. This includes but is not limited to Bucked Up® Brand Ambassador training material, e-mail correspondence and written correspondence.
You agree that the Confidential Information is confidential and proprietary to Bucked Up, and that you shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of the business of Bucked Up and shall disclose it only to its officers, directors, or another Bucked Up Brand Ambassador with a specific need to know and only disclosed as instructed by Bucked Up. You will not disclose, publish or otherwise reveal any of the Confidential Information received from Bucked Up to any other party whatsoever except with the specific prior written authorization of Bucked Up. You shall not duplicate Confidential Information furnished in tangible and intangible form except for purposes of this Agreement. Upon the request of Bucked Up, you shall return all Confidential Information received in written or tangible form, including any information copies, or reproductions, taken from BuckedUp.com, within fifteen (15) days of such request. If you disclose, publish, or otherwise reveal any information, media or idea from Bucked Up or BuckedUp.com, you agree to pay $5,000 to Bucked Up as and for liquidated, estimated and stipulated damages, to be paid within thirty (30) calendar days. At your option, you may destroy any documents or other media developed by you containing Confidential Information. You shall provide a written certificate to Bucked up regarding such destruction within ten (10) days thereafter.
You may not at any time disclose any sales, financial figures, costs or profit with anyone within Bucked Up or outside of it without the written consent of Bucked Up. This includes but is not limited to sales figures, sales tracking methods, customer counts, company growth, incentive programs and sales contests or events. Disclosing such information to another Bucked Up® Brand Ambassador or an external party will be considered a material breach of this Agreement and subject you to damages, injunctive relief and reimbursement of Bucked Up's attorneys' fees and costs.
The obligations of confidentiality herein shall be effective immediately from the date that this Agreement and will continue indefinitely. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against you, nor by the rejection of any agreement between Bucked Up and you, by your trustee in bankruptcy or by you as a debtor in possession or the equivalent of any of the foregoing under local or federal law.
You will not, during the term of this Agreement or at any time thereafter, make disparaging statements, in any form, either orally or in writing, about Bucked Up’s officers, directors, agents, representatives, employees, affiliates, partners, brand and products.
You are retained as an independent contractor of Bucked Up. You acknowledge and agree that (i) you are solely responsible for the manner and form by which you perform under this Agreement, and (ii) you are a self-employed individual. You are responsible for the withholding and payment of all taxes and other assessments arising out of your performance of services, and you are not entitled to participate in any employee benefit plans of Bucked Up.
You agree not to directly or indirectly compete with Bucked Up and its and affiliates during the term of this Agreement for a period of one (1) year following termination of this Agreement, notwithstanding the cause or reason for the termination of this Agreement.
The term "non-compete" as used herein shall mean that you 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 Bucked Up, its affiliates or such business activities of Bucked Up in which Bucked Up may substantially engage during the term of this Agreement and for a period of one (1) year following termination of this Agreement.
You agree not to solicit or attempt to solicit, directly or indirectly, for any purpose that is not in the interest of Bucked Up, any customers of Bucked Up with which you have had any contact, during the term of this Agreement and for a period of two (2) years following termination of this Agreement, notwithstanding the cause or reason for the termination of this Agreement.
You agree that at no time after the termination of this Agreement that you will solicit any of Bucked Up’s Products or services or promote Bucked Up’s codes to any of Bucked Up’s customers.
This Agreement shall be governed and construed in accordance with the laws of the United States and the state of Utah; in the event of any conflict, the laws of Utah will govern. You consent to the jurisdiction of the District Courts for Utah County Utah and the U.S. District Court for the District of Utah for any dispute arising out of this Agreement. You agree that in the event of any breach or threatened breach by you, Bucked Up may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Bucked Up against any such breach or threatened breach and reimbursement of Bucked Up's attorneys' fees and costs.
You represent and agree that no promise, inducement, or agreement other than as expressed herein has been made to you and that this Agreement is fully integrated, supersedes all prior agreements and understandings and any other agreement between Bucked Up and you, and contains the entire agreement between Bucked Up and you.
No oral agreement, statement, promise, undertaking, understanding, arrangement, act or omission of any party to this Agreement, occurring subsequent to the date hereof may be deemed an amendment or modification of this Agreement unless reduced to writing and signed by the parties hereto or their respective successors or assigns.
This Agreement is binding upon and will inure 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 Agreement.