Congratulations on qualifying to be a Pure Ambassador. Pure Encapsulations, LLC (“we,” “us,” “our,” “Pure Encapsulations,” or the “Company”) are excited about the opportunity to work with you. Before moving forward, however, you must familiarize yourself with the following Pure Ambassadors Terms & Conditions.
The Pure Ambassadors Terms & Conditions (“Terms” or “Agreement”) are a legally binding contract between you and Pure Encapsulations. BY BECOMING A PURE AMBASSADOR, YOU AGREE TO ALL OF THE TERMS AND TO FULLY COMPLY WITH AND ABIDE BY THE AGREEMENT. Therefore, we ask that you PLEASE READ THE FOLLOWING TERMS CAREFULLY.
1. INSTAGRAM, FACEBOOK, YOUTUBE, TIKTOK, NOT INVOLVED. You acknowledge and agree that although these Terms require use of Instagram, Facebook, YouTube, and/or TikTok; Instagram, Facebook, YouTube and TikTok are not parties to this Agreement. This Agreement is between you and Pure Encapsulations only.
2. DESCRIPTION OF PURE AMBASSADOR PROGRAM.
- The Pure Ambassador Program (the “Program”) provides you with up to $100 monthly allowance for Pure Encapsulations products (calculated based on Pure Encapsulations’ retail price) in exchange for Pure Encapsulations-Compliant Instagram, Facebook, TikTok, or YouTube posts.
- First, you place your order on PureforYou.com using the coupon code provided by the Pure Encapsulations Ambassador Program team and receive your Pure Encapsulations products.
- Second, you publish a Pure Encapsulations-Compliant Instagram, Facebook, TikTok and/or YouTube post.
- Third, within one hour of publishing your post on Instagram, Facebook, TikTok or YouTube, you share your post with us and we check it to ensure that it is Pure Encapsulations-Compliant.
- Fourth, as long as your post is Pure Encapsulations-Compliant, you will continue to receive a $100 monthly product allowance for Pure Encapsulations products.
- Your compensation for participating in the Program will only ever be Pure Encapsulations products. You will not receive, and agree that you are not entitled to receive, any other compensation from Pure Encapsulations. The products may not be resold or exchanged for other value.
- You may only receive up to $100 (calculated based on Pure Encapsulations’ retail price) of free product in a thirty (30) day period. The foregoing notwithstanding, you may post as many Pure Encapsulations-Compliant posts as you want during the term of this Agreement. For as long as you are a Pure Ambassador, any post you make that refers or relates to Pure Encapsulations in any manner whatsoever, and regardless of whether you will use the post to continue to receive up to $100 in monthly product allowance, must be Pure Encapsulations-Compliant.
- You and Pure Encapsulations 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 or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.
3. PURE ENCAPSULATIONS-COMPLIANT POSTS. To receive your $100 monthly Pure Encapsulations product allowance, your post(s) must be Pure Encapsulations-Compliant. To be Pure Encapsulations-Compliant:
- Your post must be a static, story or reels post.
- If you describe the benefits of any Pure Encapsulations product, including your own personal experience with the product, your description must mirror the language contained in the Pure Ambassador Posting Guidelines document.
- YOUR POST MUST NOT MAKE ANY HEALTH CLAIMS IN ANY WAY WHATSOEVER. THIS MEANS THAT, EVEN IF TRUE, YOU MUST NOT STATE THAT ANY PURE ENCAPSULATIONS PRODUCT TREATED, CURED, HEALED, OR PROVIDED YOU WITH ANY RELIEF FROM ANY HEALTH AILMENTS OR CONDITIONS. IF YOU ARE UNCERTAIN ABOUT WHETHER A PARTICULAR STATEMENT IS MAKING A HEALTH CLAIM, DO NOT MAKE THAT STATEMENT. TO BE CLEAR, THE FOLLOWING TERMS (AND ANY DERIVATIONS THEREOF) ARE HEALTH CLAIMS, AND MUST NOT BE USED:
- Weight loss
- The names of any diseases, ailments or diagnosable conditions (i.e. diabetes, cancer, high blood pressure, heart disease, migraine, acne, Hashimotos, Lyme disease, anxiety, depression, insomnia, leaky gut, IBS, constipation, diarrhea, PMS, bloating, etc.)
THIS LIST IS NON-EXHAUSTIVE. TO ENSURE THAT YOUR POST IS PURE ENCAPSULATIONS-COMPLIANT, YOUR BEST BET IS TO THOROUGHLY REVIEW THE PURE ENCAPSULATIONS AMBASSADOR POSTING GUIDELINES DOCUMENT, AVAILABLE HERE, AND MIRROR THE LANGUAGE CONTAINED THERE.
- You must not mention any brand other than Pure Encapsulations.
- You must not show the name of any other brands in your images or videos.
- You must tag every post with #ad and #pureambassador in that order. You may add other hashtags as well (provided they comply with the Terms), but #ad and #pureambassador must always be the first and second ones listed.
- Your post must comply with the FTC’s guidelines for Social Media Influencers, available here.
- You must not post any images or other content that you did not personally author, except that you may use images and other content identified as available for your use by Pure Encapsulations.
- You must not include the image, voice, or likeness of any person other than yourself in any post.
- Your post must not depict nudity or lewd content of any sort; incite, advocate, or express pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence, or include any other offensive content; promote excessive consumption of alcohol beverages or promote any illegal drug use.
- xi. Your post must be submitted to Pure Encapsulations within one hour of being published to Instagram, Facebook, TikTok and/or YouTube.
- Submission of non-compliant post. If your post is deemed non-compliant, you must edit or remove the non-compliant post from Instagram and/or Facebook as directed by the Pure Encapsulations team within 30 minutes of learning of its non-compliance, and provide confirmation to the Pure Encapsulations team that edits have been made or of its removal immediately thereafter.
4. AMBASSADOR CONTENT. SSubject to any other applicable rules or guidelines (including those provided by Instagram, Facebook, TikTok or YouTube), and excluding any content from the Pure Encapsulations, you retain any copyright and other proprietary rights that you may hold in your posts (“Influencer Content”).
- By providing us with links to your posts and by submitting any Pure Ambassador Content to Instagram, Facebook, YouTube or TikTok using a Company-branded hashtag (i.e., #pureambassador), you grant Pure Encapsulations a worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Ambassador Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. Among other things, this means that your Ambassador Content can be added to the Pure Encapsulations Social Media Content Library and used by other Pure Encapsulations global market partners.
- Pure Encapsulations disclaims any and all liability in connection with Ambassador Content. You are solely responsible for your Ambassador Content and the consequences of providing Ambassador Content via the Program. By providing Ambassador Content, you affirm, represent, and warrant that: (a) you are the creator and owner of the Ambassador Content, or have the necessary licenses, rights, consents, and permissions to authorize Pure Encapsulations and its licensees or sub-licensees, including other Pure Ambassadors to use and distribute your Ambassador Content as necessary to exercise the licenses granted by you in this Agreement; (b) the Ambassador Content does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Pure Encapsulations to violate any law or regulation or otherwise cause liability for Pure Encapsulations; and (c) your Ambassador Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- Pure Encapsulations is under no obligation to edit or control Ambassador Content that you or other users post or publish, and will not be in any way responsible or liable for Ambassador Content. Pure Encapsulations may, however, at any time and without prior notice, screen, remove, edit, or block any Ambassador Content that in our sole judgment violates these Terms or is otherwise objectionable. Should Pure Encapsulations determine that a post or Ambassador Content is not Pure Encapsulations-Compliant, you shall, at Pure Encapsulations’ request, immediately remove such post from Instagram, Facebook, TikTok, YouTube and wherever else you may have published it.
5. COMPLIANCE REQUIREMENTS. You must comply with this Agreement to participate in the Program and receive Pure Encapsulations products. You must promptly provide us with any information that we request to verify your compliance with this Agreement. If you violate this Agreement, or if you violate the terms and conditions of any other applicable agreement you have with us, then, in addition to any other rights or remedies available to us, we reserve the right to permanently (to the extent permitted by applicable law) withhold (and you agree you will not be eligible to receive) any and all compensation due to you under this Agreement (i.e., $100 monthly allowance in Pure Encapsulations products), whether or not directly related to such violation without notice and without prejudice to any right of Pure Encapsulations to recover damages in excess of this amount.
6. PURE ENCAPSULATIONS CUSTOMERS. Our customers are not, by virtue of your participation in the Program, your customers. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Pure Encapsulations websites will apply to those customers and may be changed at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with Pure Encapsulations or a Pure Encapsulations product, you will state that those customers must contact Pure Encapsulations to address customer service issues.
- You represent and warrant that (a) you are 18 years of age or older and have no criminal record; (b) there is nothing in your personal background that would reflect negatively on your association with Pure Encapsulations; (c) you have the right to enter into this Agreement and have no conflicting commitments or obligations that would interfere with your ability to perform the services required of you and the rights herein granted; (d) neither your participation in the Program nor your creation of your Posts will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (e) you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement, (f) any statement made by you with respect to your positive opinion or endorsement of Pure Encapsulations or its products/services (e.g., within any Post, etc.) is a true reflection of your beliefs, findings, experiences or opinions, and you agree to immediately inform Pure Encapsulations of any material changes in those beliefs, findings or opinions; and (g) you will not engage in any conduct that (i) would disparage, denigrate, portray in an unfavorable light or bring you, Pure Encapsulations, or Pure Encapsulations’ brands or products into public disrepute, contempt or scandal, or (ii) would injure the success of Pure Encapsulations or any of Pure Encapsulations’ brands or products (including, without limitation, a public revelation of your disapproval or dislike for Pure Encapsulations or any of Pure Encapsulations’ brands or products, or your approval or favor towards one or more of Pure Encapsulations’ competitors, as determined by Pure Encapsulations, in its sole and absolute discretion).
- Disclaimers; No Warranties by Pure Encapsulations. EXCEPT AS PROVIDED FOR IN THESE TERMS, THE PROGRAM, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PROGRAM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, PURE ENCAPSULATIONS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PROGRAM, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PROGRAM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PURE ENCAPSULATIONS DOES NOT WARRANT THAT THE PROGRAM OR ANY PORTION OF THE PROGRAM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PROGRAM (INCLUDING RECEIPT OF FREE PRODUCTS), WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PURE ENCAPSULATIONS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PURE ENCAPSULATIONS WILL CREATE ANY WARRANTY REGARDING PURE ENCAPSULATIONS, PRODUCTS, OR THE PROGRAM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PROGRAM, PRODUCTS, AND YOUR DEALING WITH ANY OTHER PERSON. YOU UNDERSTAND AND AGREE THAT YOU PARTICIPATE IN THE PROGRAM AND USE THE PURE ENCAPSULATIONS PRODUCTS AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PROGRAM) OR ANY LOSS OF DATA.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. PURE ENCAPSULATIONS DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT COMPANY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
8. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Pure Encapsulations and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of (a) your participation in the Program and (b) a breach of these Terms.
9. TERM AND TERMINATION. The term begins upon your submission of a Pure Encapsulations-Compliant post and continues until Pure Encapsulations decides to terminate the Agreement, which it may do at any time for any reason or no reason and with or without notice to you. You may terminate your Pure Ambassador account at any time by sending us an email to mailto:email@example.com stating your desire to terminate this Agreement.
- Upon termination, you shall no longer receive $100 monthly allowance in Pure Encapsulations products, and you must no longer use the hashtags #pureambassador or otherwise hold yourself out as affiliated with Pure Encapsulations.
10. MODIFICATION. Pure Encapsulations reserves the right to modify or discontinue the Program at any time (including by limiting or discontinuing certain products or features of the Program), temporarily or permanently, without notice to you. Pure Encapsulations will have no liability for any change to product offerings or the Program or any suspension or termination of your access to or participation in the Program.
11. CONFIDENTIALITY. You will not disclose Pure Encapsulations’ proprietary, confidential, trade secret information or any information, including but not limited to disclosing or otherwise revealing company development plans, policy, inventions, strategy, financials, or products that have not already been made public by Pure Encapsulations or personally identifying information including email addresses, street addresses and private facts about any person. If there is any doubt in your mind as to what is proprietary and confidential information, consult the Pure Encapsulations team or do not post the information. Disclosing confidential or proprietary information can negatively impact Pure Encapsulations’ business and may result in legal action. You should also reach out to Pure Encapsulations for clarification on whether specific information has been publicly disclosed before you use it.
In addition, you understand and agree that all press inquiries regarding your services hereunder and any information and materials related thereto (including, without limitation, any confidential information) shall be directed to Pure Encapsulations. Postings by you or your participation in any form of a online chat room, social networking site or forum, may generate media coverage. If a member of the online (e.g., news engines) or mainstream (newspapers, magazines) media contacts you about a comment or content posting related to Pure Encapsulations, requests Pure Encapsulations information of any kind or solicits you to make a comment, please contact the Pure Encapsulations team. Do not engage in any discussions or correspondence with any members of the media without first consulting Pure Encapsulations.