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Terms and Conditions
11 Honoré Brand Ambassador Program
The following Terms and Conditions (the "Agreement") set out the legally binding terms of your participation in the 11 Honoré Brand Ambassador Program (the "Program"). The Program is owned and operated and 11 Honoré Brand Ambassadors are selected by 11 Honoré, Inc. ("11 Honoré").
By completing the application process and participating in the Program, you (“Brand Ambassador”) agree to the terms and conditions contained herein, the 11 Honoré Brand Guidelines, herein incorporated by reference, our Terms of Service available at 11honore.com, and any and all operating rules, policies and procedures that may be published occasionally on 11honore.com (“site”). If you do not agree to or understand this Agreement, do not apply to or participate in the Program.
BRAND AMBASSADOR AGREEMENT: You hereby certify to 11 Honoré that you are an individual at least 18 years of age and a legal resident of the United States. You also certify that you are legally permitted to use the Program and that you take full responsibility for the selection and use of the Program. This Agreement is void where prohibited by law, and the right to access the Program is revoked in such jurisdictions. You understand and agree that the arrangement is not deemed to create an employment, partnership, or joint venture between 11 Honoré and any Brand Ambassador. As a Brand Ambassador you are expected to act with honesty, comply with Federal Trade Commission (“FTC”) guidelines and adhere to all applicable laws.
11 Honoré requires that all Brand Ambassadors meet the following criteria in order to be considered for participation in the Program.
In order to participate in the Program, you must fill out the application form available at 11honore.com/pages/the-honore-roll, submit the form and be selected by 11 Honoré to become a Brand Ambassador. After you have submitted the form, 11 Honoré will review your application and contact you 5 business days via the email address provided on your submission form to confirm your acceptance or rejection into the Program. Any additional follow up questions about your application may be directed to [email protected].
PROGRAM INCENTIVES: The Program offers multiple incentives to Brand Ambassadors in exchange for the content, hereinafter “Content”, (information, images, pictures, videos, data, text, photographs, graphics, messages, or other materials). Brand Ambassadors create the Content with merchandise 11 Honoré has gifted to the Brand Ambassador as a part of the Program.
11 Honoré reserves the right to decide on and inform what, how often, and how many incentives the Brand Ambassador will receive while participating in the Program. These incentives are offered to Brand Ambassadors during the Program in exchange for a product promotion on the social media accounts of the Brand Ambassadors. 11 Honoré reserves the right to unilaterally change, as well as increase or limit the incentives Brand Ambassadors receive. Incentives may include:
11 Honoré does not offer monetary compensation in exchange for Content. However, we are part of the Rakuten Affiliate Network and are willing to work directly with Influencers as publishers and pay commission on trackable purchases driven; you will need to request our MID 45582 and we will accept them into our program at our base influencer commission rate. We also are partnered with Shopstyle and Rewardstyle, where anyone currently in those programs can utilize those platforms to create commissionable links.
BRAND AMBASSADOR RESPONSBILITIES:
The Brand Ambassador must create Content, including but not limited to the promotional Instagram posts and Instagram stories, by following and adhering to the 11 Honoré Brand Guidelines, hereby incorporated by reference in its entirety. Any failure to adhere to the 11 Honoré Brand Guidelines on part of a Brand Ambassador will result in immediate termination of the Brand Ambassador’s participation in the Program.
Additionally, you must adhere to the following:
CONTENT AND RESTRICTIONS:
Content that you post, submit, upload, display, sell or use using our Program and services is your Content for which you are solely responsible. You confirm that you have all necessary rights to the Content and that you’re not infringing or violating any third party’s rights by posting it or using it.
11 Honoré expects the Content created by the Brand Ambassador to be a truthful and creative representation of 11 Honoré merchandise that, depending on the purpose of the Content, educates followers and/or increases brand awareness for 11 Honoré. 11 Honoré is respectful of the Brand Ambassador's creative freedom to create Content that is true to your unique voice, and in a way that inspires the Brand Ambassador's audience.
By participating in the Program and creating the Content, you agree that 11 Honoré can use the Content on the Site, social media accounts and in its marketing activities, and grants a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display the Content in any media including posting in an online gallery, publication(s), and various marketing materials, with right to use, copy, modify, edit, and create derivative works therefrom. The Brand Ambassador also agrees to execute documents confirming such right and license at 11 Honoré’s reasonable request. You acknowledge that you do not have any rights in any 11 Honoré products, content, trademarks, or other intellectual property. You agree to never challenge the ownership of or Client’s rights in or to Client products, content, trademarks, and intellectual property.
Except to the extent permitted by applicable law, the Brand Ambassador shall not (i) use any illegal method of advertising to promote the 11 Honoré merchandise, and the Brand Ambassador shall be solely liable for any such unauthorized communications; (ii) display the Content in any way that in 11 Honoré’s discretion disparages or creates a derogatory or negative image of 11 Honoré; (iii) make any false or misleading representations relating to 11 Honoré, or engage in any other practices that could harm the reputation of 11 Honoré; or (iv) display any Content in a manner that contains or promotes (a) illegal activities or (b) Content that is misleading, violent, discriminatory, deceptive, or violates any third-party intellectual property, privacy or other rights of any kind.
The Brand Ambassador is solely responsible for following all federal, state and local laws, regulations and rules regarding advertising claims, including but not limited to the FTC’s Disclosure Guidelines. You must clearly disclose your material connection with 11 Honoré and such disclosures must be clear and in close proximity to any statements that you make about 11 Honoré or 11 Honoré merchandise and services. Therefore, for any social posts, you must include #ad at the beginning of the post(s) and it must appear “above the fold.” For more information see resource links below:
TERM AND TERMINATION:
This Agreement is effective at the time your application is, at the sole discretion of 11 Honoré, accepted by 11 Honoré and you are notified of such acceptance electronically. Once accepted, Brand Ambassador participation in the Program shall continue for a period of three (3) months (“term”). Notwithstanding, either party may terminate this Agreement at any time with or without cause. Upon the termination of this Agreement for any reason, all rights or licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove all links to the Site, and all 11 Honoré trademarks and logos, other marks and all other materials provided in connection with the Program.
By violating any applicable law or this Agreement, the Agreement will be terminated immediately and the Brand Ambassador understands and agrees that any and all benefits assigned and received can be immediately recalled or forfeit and that the Brand Ambassador's participation in the Program will be immediately terminated.
The relationship between Brand Ambassador and 11 Honoré is that of an independent contractor, and no agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship is intended or created by this Agreement. This Agreement does not grant authority for Brand Ambassador to act for Company as its agent or make commitments for Company. You will not be eligible for any employee benefits, nor will 11 Honoré make deductions from fees to the Influencer for taxes, insurance, bonds or the like. Each party hereby agrees to protect the confidential information of the other party learned pursuant to this Agreement. Without limiting the foregoing, you agree that you will not use, disclose, communicate, copy or permit the use or disclosure of any 11 Honoré confidential information to any third party in any manner whatsoever except to the existing employees of 11 Honoré, or as otherwise directed by 11 Honor´ in the course of your participation in this Program under this Agreement, and thereafter only with the written permission of 11 Honoré. Upon termination of this Agreement or upon the request of 11 Honoré, you will return to 11 Honoré all of the confidential information, and all copies or reproductions thereof, which are in Influencer's possession or control. If any term, provision, covenant or condition of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement shall remain in full force and effect.
In our sole discretion, we reserve the right to change, modify, suspend, assign or discontinue this Agreement and Program at any time, including the availability of any feature or content. 11 Honoré may also impose limits on certain features or restrict Brand Ambassador's access to parts or all of the Program without notice or liability. The Brand Ambassador shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Program by the Brand Ambassador following such modifications constitutes the Brand Ambassador's acceptance of the terms and conditions of changes as modified.
THE AGREEMENT IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES COUNTY, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LOS ANGELES COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF.
11 Honoré (including its respective officers, employees and agents) is not responsible for and excludes all liability to the greatest extent permitted by law, for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, and whether or not arising from any person’s negligence, in connection with (a) the Program; and (b) Participation in the Program and acceptance of incentives. You assume all liability for any injuries or damage caused or claimed to be caused by participation in this Program.
11 HONORÉ MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT WITH REGARDS TO THE PROGRAM OR THIS AGREEMENT OR ANY PRODUCTS OR SERVICES SOLD BY 11 HONORÉ. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. A PARTICIPANT MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. In addition, we make no representation that the operation of the Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors. 11 Honoré shall not be liable to you or any other person for any part thereof, by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entities (whether or not they prove to be valid); equipment failure; terrorist acts; earthquake; fire; flood; war; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond 11 Honoré’s sole control.