By submitting your information to Laird Superfood, Inc. (“Laird Superfood”) and participating in the Ambassador Program (the “Program”) in any way you agree to the following Terms and Conditions (“Terms”):
Eligibility: You must be at least age 18 (or the age of majority in your jurisdiction of residence, whichever is older). Directors, officers, members, managers, and employees of Laird Superfood, and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouse, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to participate.
How to Participate: To participate, complete and submit the requested information to agree to these Terms. Upon approval by Laird Superfood, at its discretion, you will be a Laird Superfood Ambassador (“Ambassador”). As an Ambassador, Laird Superfood requires that you allow Laird Superfood access to Content (defined below) and otherwise participate as described in these Terms.
Benefits of Program: By participating, at Laird Superfood’s discretion, you will receive (a) commission on sales referred to LairdSuperfood.com, tracked by Refersion; and (b) a discount on Laird Superfood products purchased on LairdSuperfood.com. By participating, you acknowledge (a) that commission and discount rates are subject to change at any time and (b) that Laird Superfood has no obligation to provide compensation of any kind in connection with the Program and reserves the right to withhold compensation at Laird Superfood’s sole discretion.
License: You grant to Laird Superfood and its parent companies, subsidiaries, affiliates, assignees, successors in interest, agents, and those acting with its permission (“Related Parties”), a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license (with the right to sublicense and transfer to its affiliated companies and third party collaborators) to (a) use your social media handle, name, hometown, aural and visual likeness, biographical information, and other indicia of your persona; and (b) to publish, reproduce, display, perform, distribute, adapt, share, re-post, edit, modify, translate, create derivative works based upon, and otherwise use any photograph, video, statement, remark, caption, text, art, images, or other content relating to the Program, Laird Superfood, or its products that you post online or share with Laird Superfood (collectively, the “Content”), or any portion thereof (including your social media handle, name, likeness, and other indicia of your persona, as shown and conveyed in your Content), in connection with the Program and for other advertising, marketing, and promotional purposes at Laird Superfood’s sole discretion, and to incorporate Content, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Laird Superfood will have no obligation to publish or use or retain any Content you submit or post, or to return any such Content to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Laird Superfood's expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Laird Superfood to effect, perfect or confirm Laird Superfood's rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Laird Superfood, or its agents, licensees or assignees, of your Content. You may only use Laird Superfood’s trademarks in connection with the Program, and agree to comply with any guidelines provided by Laird Superfood regarding the use of its trademarks.
Posting Requirements: When you post Content in connection with the Program, you agree to use (a) either #FuelBetter, #LairdSuperfood, and/or tag of @lairdsuperfood; and (b) clearly and prominently disclose your affiliation with Laird Superfood by using #LSFpartner, #sponsored, or similar clear and unambiguous language. You further agree to comply with the representations and warranties below and the Laird Superfood Code of Conduct set forth at lairdsuperfood.com/pages/codeofconduct.
Representations and Warranties. You represent, warrant and covenant that:
- Your Content will not contain untruthful, incomplete, inaccurate or misleading information.
- Your Content must be your original creation and be owned 100% by you, or, alternatively, you must have the full rights to grant the license and other rights that you grant to Laird Superfood in Section 4 above.
- Your Content does not (in Laird Superfood’s discretion): (i) violate any third-party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) contain obscene, offensive, or indecent material; (v) make any unsubstantiated health claims; (vi) depict any risky behavior; (vii) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or (viii) contain unauthorized third-party trademarks or logos.
- You will cooperate with Laird Superfood to modify, edit, remove, or delete posted Content at Laird Superfood’s request.
Termination: You are under no obligation to participate in the Program and may stop at any time. If you wish to stop, email Laird Superfood at email@example.com with the text “Remove me from the Laird Superfood Ambassador Program” or substantially similar language. Laird Superfood may in its sole discretion, suspend, limit, or terminate your participation in the Program at any time. Upon termination, you must immediately cease all activity in connection with the Program.
Release; Limitation of Liability; Indemnification: By participating, you release Laird Superfood, the Related Parties, and any of their respective parent companies, affiliate companies, subsidiaries, agents, directors, officers, members, managers, and employees, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, contractors, legal counsel, website providers, and web masters (collectively, the “Released Parties”) from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Program, including any gifts, prizes, care packages, equipment, and any other item provided to you by Laird Superfood or its designee (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. You agree to indemnify and hold harmless Laird Superfood and the Released Parties from and against any and all claims, damages, liabilities, penalties, fines, losses, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your breach of the representations, warranties and covenants herein.
Miscellaneous. Laird Superfood reserves the right in its discretion to suspend, change, modify, or eliminate the Program, these Terms, or your status as an Ambassador, at any time. If we make changes, we will post the amended terms at lairdsuperfood.com/pages/laird-superfood-ambassador-program and/or may attempt to notify you in other ways, including by email. Unless we say otherwise, the amended Terms will be effective immediately and your continued participation as an Ambassador after the amended Terms are posted will confirm your acceptance of the changes. YOU AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON OR THE APPROPRIATE STATE COURT LOCATED IN DESCHUTES COUNTY, OREGON. THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF OREGON, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. The use of the terms “include” or “including” in these Terms is illustrative and not limiting. Laird Superfood’s failure to enforce any term of these Terms will not constitute a waiver of that provision. You are an independent contractor and nothing in these Terms will be construed as creating an employer-employee, partnership, or joint venture relationship between the parties. Ambassador is solely responsible for the payment of all taxes on any consideration received under these Terms. Ambassador will not delegate performance of the any obligations under, or assign all or any part of, these Terms, by operation of law or otherwise, without the prior written consent of Laird Superfood, which Laird Superfood may grant or withhold at its sole discretion. Any purported assignment or delegation in violation of these Terms will be void and of no force or effect.