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Brand Ambassador Terms & Conditions


ENEREX BOTANICALS LTD.
BRAND AMBASSADOR TERMS OF USE

  
Updated: October 2021
 
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE BRAND AMBASSADOR PROGRAM OF ENEREX BOTANICALS LTD. (“ENEREX”), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR PARTICIPATE IN THE ENEREX BRAND AMBASSADOR PROGRAM (the “PROGRAM”).
  
We reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms at any time without incurring any liability or obligation whatsoever to you or any other person or entity. You agree that we may provide notices, disclosures, and amendments to these Terms of Use, and other information relating to the Program by electronic means, including posting such information and materials online at https://enerex.ca/         
  
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING ANY CHANGES TO THIS AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS OR REPLACEMENTS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.
  
These Terms of Use apply to your access to, and participation in, the Program in Canada.
  
IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE PROGRAM.
  
The Program is valid in Canada only.
 
  
TERMS OF USE
Any person or entity that participates or attempts to participate in the Program must accept this Agreement without change. By submitting an application to the Program, you agree to this Agreement. This Agreement is a legally binding contract between you (“Brand Ambassador”, “Consultant”, “you”, or similar terms) and Enerex Botanicals Inc. (“Enerex”, “us”, “we”, or similar terms) and applies to your participation in the Enerex Brand Ambassador Program (the “Program”).
  
1. About the Program and Eligibility to Participate
The Program permits you to monetize your social media user-generated content by featuring Enerex products in the frequency and under the terms indicated in the Brand Ambassador Agreement.You must have an Facebook, Instagram and/or TikTok account.
When customers purchase eligible products from www.enerex.ca (the “Enerex Site”) through your code, you will be eligible to receive a commission subject to the terms herein and under the Brand Ambassador Agreement.
You must be at least 18 years of age. If you are the parent or legal guardian of a person under the age of 18, you represent and warrant that your minor child is of legal age to participate in the Program. You are the legal parent or guardian of the minor child whose rights are covered by this Agreement, and you
agree that you have read the Terms and Conditions of this Agreement and consent to the terms herein and you will not revoke your consent.
  
2. Benefits of Participation
As an Enerex Brand Ambassador, you will receive the following:
  • 20% unique discount code
  • Your code is for you to post solely in your Profile(s)
  • 5% commission from your referrals
  • You will earn a commission when (i) a customer uses your code to purchase eligible goods from the Enerex Site and (ii) the customer’s payment is successfully processed.
  • $40 bi-monthly allowance for Brand Ambassador to try Enerex products and promote to their community
      
3. Enerex In-feed Post Terms and Conditions
  • Ambassadors must share 1 in-feed post every 30 days
  • Copy/caption expectations:
  • Enerex will provide support and guide key talking points about the products
  • Posts cannot make claims regarding structure/function of product
  • Posts cannot use the words “heals, cures, fixes".
  • Tag @enerex in both photo and caption
  • Add a location to your post
  • Use hashtags: #enerexcommunity #enerexcommunitymember and any other hashtags that Enerex is using for campaigns
Image expectations:
  • Please show the products in use i.e., adding greens to your smoothie
  • Photos should align with Enerex's social media aesthetic: light, bright, and minimal
  • Enerex's product colour should be true to form and accurately reflect what is shown on our website/in-store
  • Front of the Enerex label should be clear and visible
  • When shooting content on a mobile device, use the device camera to ensure your content is as high-resolution as possible. Avoid using the Instagram or other social media camera apps.
  • Avoid logos of other brands, i.e., no visible branding on your clothes and no branded items in the background
  • Copy and content (photos and videos) should be sent to nicole@enerex.ca for approval before posting
  • Posts will be monitored for proper disclosure and any users who do not adhere to these guidelines will be subject to profile suspension or deactivation.
4. Prohibited Activities
You agree that no post will violate any right of any third party, including copyright, trademark, privacy or other rights. You agree not to submit material containing any libelous or otherwise unlawful, obscene or abusive material. You are solely responsible for the material you post or any comments you make. We monitor all posts and reserve the right to request to unpublish material that is against these terms, is unhelpful, unsubstantiated or otherwise unsuitable.
Your breach of any of the terms of this Agreement, or any other agreement between you and Enerex, or in connection with the Program, 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 Commissions otherwise payable to you under this Agreement, whether or not directly related to such violation without notice and without prejudice to any right of Enerex to recover damages in excess of this amount.
As an Enerex ambassador, you must disclose whether you work with any competitor brands in the health and/or wellness industry.
  
5. Commission
Enerex will use commercially reasonable efforts to accurately and comprehensively track purchases made through you for the purposes of distributing your Commission. We may hold accrued Commissions for a reasonable period of time following any termination of this Agreement to ensure that the correct amount is paid.
Enerex will pay Commissions in Canadian Dollars via Direct Deposit or Enerex Gift Card. We are not responsible for any Commissions that are not received by you due to any issues, suspensions or terminations of your bank account.
Any taxes payable on the commissions shall be for your account. We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any amounts payable to you under the Agreement.
If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the excess payment against any subsequent fees payable to you under the Agreement or any other agreement between you and Enerex.

  • Option 1: Payment by Direct Deposit. We will directly deposit the commission income you earn into the bank account you designate once you have provided us with the name of your bank, the account number, the name of the primary account holder as it appears on the account, and other requested identifying information (such as the ABA, IBAN or BIC number, if applicable). If you select this option, we reserve the right to hold commission income until the total amount due to you reaches the minimum stated in the Payment Minimum Chart
  • Option 2: Payment by Enerex Gift Card. We will send you gift cards in the amount of the commission income you earn to your provided email address. These gift cards are redeemable for products on the Enerex Site the commission income were earned on and are subject to our then-current gift card terms and conditions. If you select this option, we reserve the right to hold commission income until the total amount due to reaches the minimum stated in the Payment Minimum Chart

Payment Minimum Chart
 Option 1 (Deposit) 
10 CAD
Option 2 (Gift Card)
10 CAD
  
6. Enerex Customers
You acknowledge and agree that Enerex’s customers do not become your customers by virtue of your participation in the Program. You agree to not handle or address any contact with any of our customers, and if contacted by any of our customers for a matter relating to interaction with Enerex, you will refer them to the Enerex Contact Page
  
7. Warranties
Enerex Site. You represent, warrant, and covenant that (a) you will participate in the Program in accordance with this Agreement, (b) your participation in the Program, including without limitation, your creation, maintenance, or operation of your profile(s) will not 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), (c) you are lawfully able to enter into contracts, (d) 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 under this Terms and Conditions and in the Agreement, (e) you will not participate in the Program if you are the subject of Canadian sanctions or of sanctions consistent with Canadian laws imposed by the governments of the country where you are using the Enerex Site; (f) you will comply with all Canadian export and re-export restrictions, and applicable non-Canadian export and re-export restrictions consistent with Canadian law, that may apply to goods, software, technology and services, and (g) the information you provide in connection with the Program is accurate and complete at all times.
We do not make any representation, warranty, or covenant regarding the amount of traffic or Commissions you can expect at any time in connection with the Program, and we will not be liable for any actions you undertake based on your expectations.
  
8. Identifying Yourself as an Enerex Brand Ambassador
Except for the Disclosure, you will not make any public communication of the details in this Agreement or your participation in the Program without Enerex's express prior written consent. You will not misrepresent or embellish your relationship with us (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
  
9. Term and Termination
The term of this Agreement will begin upon your submission of the application to join the Program. Either you or Enerex may terminate this Agreement at any time, with or without cause, by serving a written notice of termination to the other party at least fifteen (15) days prior to the intended date of termination.
In addition, we may terminate this Agreement or suspend your account immediately upon written notice to you for any of the following: (a) you have breached or threaten to breach any part of this Agreement; (b) we believe that we may face potential claims or liability in connection with your participation in the Program; (c) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Program; (d) your participation in the Program has been used for deceptive, fraudulent or illegal activity; (e) we believe that we are or may become subject to tax collection requirements in connection with this Agreement or the activities performed by either party under this Agreement; (f) we have previously terminated this Agreement with respect to you or other persons that we determine are affiliated with you or acting in concert with you for any reason, or (g) we have terminated the Program as we generally make it available to participants.
  
10. Disclaimer
We do not make any representations or warranties express or implied, statutory or otherwise, with respect to the Site, its Content, Enerex’s products, information or other materials provided by Enerex in connection with the use of the Site, including without limitation no representations or warranties of merchantability, suitability, fitness for a particular purpose or otherwise. The information in the Sites may also contain errors or technical inaccuracies. Information may be updated, removed or changed at any time, without notice. Enerex is not responsible for any errors or omissions on the website. Enerex does not warrant that your activities or use the Sites is lawful in any particular jurisdiction and, in any event, Enerex specifically disclaims such warranties.
  
11. Limitations on Liability
Enerex's liability arising out of or related to this agreement shall not exceed the amount of Commissions actually earned by you in the period of twelve (12) months immediately preceding the date on which you present us with a claim arising out of or related to this agreement.
UNDER NO CIRCUMSTANCES SHALL ENEREX BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
  
12. Indemnification
You shall indemnify, defend and hold harmless Enerex and its directors, officers, employees, representatives, agents, consultants, subcontractors, attorneys, guests, successors and assigns from and against any and all claims, damages, liabilities, penalties, obligations, judgments, causes of actions, costs, charges and expenses (including reasonable attorneys' fees) (collectively, “Liabilities”) arising out of (a) personal injury, including death, and tangible property damage caused by your negligent or intentional acts; (b) your performance or failure to perform in accordance with these Terms and the terms
of the Agreement; (c) any of your neglect, errors, omissions or misconduct of any kind; (d) any act which is inconsistent with Enerex's policies or image or which would cause reputational harm to Enerex; (e) relating to the creation, maintenance, or operation of your profile(s) or any materials that appear on your profiles; and (f) use, development, design, manufacture, production, advertising, promotion, or marketing of your profile(s) or any materials that appear on or within your profile(s).
If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
The validity, construction and performance of this Agreement are governed by the laws of the Province of British Columbia