Team KMC Athlete & Ambassador Agreement

By joining the Team KMC Athlete and Ambassador program you are choosing to exclusively represent Kendal Mint Company Ltd in the Nutrition and Supplement Space.

Best Practice:

  • Tag @kendalmintco in all of your post images and videos; mention @kendalmintco within the caption of your post.
  • Use our Brand Hashtags: #TeamKMC #KMC, #Kendalmintco #MyEverest in the caption of your post.
  • Use Product Hashtags, Examples: #KMCNRGBAR, #KMCNRGGEL. #KMCISOMIX, #KMCPROMIX, #RECHARGE, #SUPERCHARE and so on.
  • Please allow full disclosure to your Instagram followers that you are a part of Team KMC by including ‘@kendalmintco Ambassador’ or “Team KMC” in your Instagram/ Facebook/ Twitter profile bio.
  • We recommend using your affiliate link in your bio/ blog posts etc
  • You can take a look at our Instagram/ Facebook/ twitter feed @kendalmintco for reference on how to Tag and Hashtag your posts.
  • Please be sure to not post before or right after your @kendalmintco post of any competing supplement brand.

Team KMC is a community of like-minded individuals from all walks of life, outdoor enthusiasts and adventure addicts, runners, cyclists or serious athletes, each of whom are great ambassadors in their own right. Chosen by us, to represent our core values Bold, Brave & Original.

Team KMC Brand Ambassador Agreement lays out and explains the terms and conditions you must adhere to for participation in the Ambassador Program.

The terms “Brand Ambassador,”, “Affiliate” “you,” and “your” are referring to you, the applicant. “KMC”, “we”, “our”, “us”, the company refer to Kendal Mint Company LTD.

Agreement Duration

This agreement will begin on our acceptance of your application and will end when terminated by either party in writing including email.

Becoming an ambassador, does not establish any legal or financial relationship with Kendal Mint Company LTD. We reserve the right to terminate and cancel an ambassador’s membership/affiliation with us at any time, with or without reason, by giving the other party written notice of termination.

Posting Guidelines

ACCEPTABLE

Tag @kendalmintco in all your post images and videos; mention @kendalmintco within the caption of your post.

Use our Brand Hashtags: #TeamKMC #KMC, #Kendalmintco in the caption of your post.

Use Product Hashtags, Examples: #KMCNRGBAR, #KMCNRGGEL. #KMCISOMIX, #KMCPROMIX, #RECHARGE, #SUPERCHARE and so on.

Please allow full disclosure to your Instagram followers that you are a part of Team KMC by including ‘@kendalmintco Ambassador’ or “Team KMC” in your Instagram/ Facebook/ Twitter profile bio.

You can take a look at our Instagram/ Facebook/ twitter feed @kendalmintco for reference on how to Tag and Hashtag your posts.

Please be sure to not post before or right after your @kendalmintco post of any competing supplement brand.

NOT ACCEPTABLE

As a Team KMC Ambassador we expect you to represent KMC in good taste. We encourage you to be unique and creative when posting and sharing.

IMPORTANT - DO NOT comment or post on our social pages with your own unique discount code, this presents an unfair advantage over other Ambassadors. such conduct will result in immediate termination of your Ambassador account.

PLEASE TAKE NOTE OF THESE RESTRICTIONS ON CREATING OR SHARING CONTENT ASSOCIATED WITH THE KMC BRAND/NAME/PRODUCTS/GEAR/COMPANY:

X-rated and promote sexually explicit materials

Promoting violence and/or drug use

Promoting discrimination based on race, sex, religion, disability, sexual orientation, or age

Promoting illegal or questionable activities

Violating intellectual property rights

NOT FOLLOWING ANY OF THE ABOVE TERMS WILL LEAD TO IMMEDIATE CODE DEACTIVATION AND REMOVAL FROM THE KMC AMBASSADOR PROGRAM

The Legal Stuff

Affiliate Compensation

Taxes

Ambassadors will receive a Commission for all applicable and authorised sales directly by the Ambassador. The Ambassador understands and agrees that the Commission rates are subject to change, at any time, upon no less than thirty (30) days in advance will be given by written notice.

Money credited to The Ambassador''s account, whether for Commission or otherwise, does not accrue interest.

In the event of a voided or cancelled transaction, KMC may recover from the Ambassador the corresponding Commission previously credited to the Ambassador’s account. In the event that the Ambassador’s account balance is less than the voided Commission, the voided Commission will be deducted against the Consultant’s future earnings. The Ambassador will NEVER be asked to send money to KMC for voided or cancelled Commissions.

The Ambassador agrees that the Company will not be liable whatsoever for any taxes or fees pertaining to any of the Ambassador’s earnings. The Ambassador acknowledges and agrees that he/she shall be responsible for filing all tax returns, tax declarations with respect to any and all compensation earned by the Ambassador under this Agreement.

KMC shall not be responsible or liable to the Ambassador for any obligations and/or liabilities, whether financial or otherwise, that are not expressly delineated within this Agreement.

Obligations

KMC will pay the Ambassador commissions and/or incentives on all orders received and accepted for the sale of products to the ultimate consumer (not sales aids purchased by the Ambassador in furtherance of the Ambassador’s business) made by the Ambassador.

KMC will retain full authority to accept or reject any application, agreement, or any order for products. Such right of refusal is solely within KMC’s sole and absolute discretion. No right of action against KMC shall ever arise because of any such acceptance or refusal.

Intellectual Property

The Ambassador shall not do anything or undertake any actions, which publicly criticise, denigrate, or otherwise make any disparaging statements, whether written or oral, or speak adversely against KMC or any of its brand partners, or take any action or do anything else to harm, reduce, or prejudice the reputation or goodwill of KMC or its brand partners.

The Ambassador SHALL NOT promote, sell or use KMC’ s forms, materials, name, prestige, or drawing power in conjunction with or in support of any other activities not directly related to KMC''s and/or the Ambassador's promotion of KMC products.

The Ambassador shall not provide, promote, distribute, place or otherwise publish any content or website that includes content which infringes on another’s rights, or that is libellous, defamatory, obscene, pornographic, abusive, fraudulent, discriminatory, violates any law, or that promotes violence, bigotry, hatred, or any illegal activity.

In conjunction with the Ambassador’s efforts to sell products in support of the Program, KMC hereby grants to the Ambassador a non-exclusive, non-transferrable, non-assignable and limited license, without the right to sub-license, KMC’ name(s), logos, marks, trade names, trademarks, copyrights, photographs, images and the like (“Intellectual Property”). All images, technology, content and Intellectual Property provided to the Ambassador for his/her use is and shall forever remain the sole and exclusive property of KMC, and no part thereof shall be deemed assigned or licensed to you except as expressly provided for herein. All Intellectual Property Rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain KMC’s sole property, including rights in and to any derivatives thereof. The Ambassador may not modify the Intellectual Property provided to the Consultant in any manner.

The Ambassador further agrees that it shall not, either during the term of this Agreement or thereafter, take any action in any part of the world that would affect the ownership of the Intellectual Property. The Ambassador expressly agrees that it shall not adopt or use any mark, logo, insignia, content or design other than those approved under this Agreement that is, or is likely to be, confusingly similar to, or cause deception or mistake, with respect to the Intellectual Property. The Ambassador agrees that its use of the Intellectual Property, and all goodwill thereto, inures to the sole benefit of KMC and that the Ambassador shall not acquire any rights whatsoever in the Intellectual Property.

Independent Contractor

The Ambassador is, upon KMC''s acceptance of this Agreement from the Ambassador, an Independent Contractor, and shall perform all services as contemplated under this Agreement as an independent contractor. KMC shall have no control over the mode, manner, or style that the Ambassador may select or choose for performing any of the services contemplated under this Agreement, provided that the Ambassador’s conduct shall conform to the prevailing standards of professionalism. Nothing contained herein shall make the Ambassador an employee of Kendal Mint Co.

The Ambassador has no authority to enter into any agreement on behalf of the Company or to bind the Company to any obligation.

The Ambassador is not entitled to any benefits that KMC may choose to provide to its employees. The Ambassador also agrees that consistent with independent contractor status, the Ambassador will not apply for any government-sponsored benefits that are intended to apply to employees, including, but not limited to, unemployment benefits or severance payments.

If applicable, the Ambassador shall be fully responsible, whether financially or otherwise, for obtaining any licenses or permits required by law.

General Terms

KMC reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of this Agreement, in whole or in part, at any time. In the event of any material change, KMC will notify you via e-mail, via website at least seven (7) days prior to any such changes taking effect, at which time the Ambassador may either agree to such changes by their continued participation as an Ambassador, or they may voluntarily choose to discontinue their participation as an Ambassador. Changes will become part of this Agreement upon seven (7) days of delivery of a notification.

Failure to abide by these rules could mean immediate termination by KMC of your account AND a complete forfeit of any and all pending monies and/or commissions.

The Ambassador agrees to indemnify, defend and hold KMC and its affiliates, officers, directors, managers, members, employees, agents, attorneys and assigns harmless from and against any and all liability, claims, Causes of Action, losses, damages, injuries or expenses (including reasonable attorneys’ fees and costs) directly or indirectly arising from or relating to any violation or breach of this Agreement, whether actual or alleged, or the subject matter hereof and any dispute relating thereto.

The Ambassador may voluntarily terminate this Agreement at any time upon written notice to Company at least 7 days prior to this action taking effect. Any remaining commissions exceeding £10 will be paid on the 1st of the month.

A terminated Ambassador will be eligible to reapply at any time as long as such termination was not initiated by the Company for a violation of this Agreement.

Payment

Please see the Shopify Collabs network agreement.