Updated: May 2023
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.
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 and the USA only.
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”, “Luma”, “us”, “we”, or similar terms) and applies to your participation in the Brand Ambassador Program (the “Program”).
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 a Facebook, Instagram, YouTube 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.
BENEFITS OF PARTICIPATION
As an Enerex/Luma Brand Ambassador, you will receive the following:
- Custom discount codes
- Affiliate earnings (up to 10%)
- Gifting of products
IN-FEED POST TERMS AND CONDITIONS
- Ambassadors must share 1 in-feed post every 30 days
- Enerex Botanicals can provide support and guide you on key talking points about the products
- Posts cannot make claims regarding the structure/function of the product
- Posts cannot use the words “heals, cures, fixes"
- Add a location tag to your post
- Enerex hashtags: #EnerexCommunity #EnerexCommunityMember and any other hashtags that Enerex is using for campaigns
- Luma hashtags: #LumaCircle #LumaCircleMember and any other hashtags that Luma is using for campaigns
- Please show the products in use i.e., adding greens to your smoothie, applying skincare products
- Photos should align with the brands social media aesthetic: light, bright, and minimal
- Product colour should be true to form and accurately reflect what is shown on our website/in-store
- Front of the product 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 camera 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 firstname.lastname@example.org 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.
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 Botanicals, 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 Botanicals to recover damages in excess of this amount.
As an Ambassador, you must disclose whether you work with any competitor brands in the health and/or wellness industry.
Enerex Botanicals 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 Botanicals will pay Commissions via PayPal 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 Botanicals.
- Option 1: Payment by PayPal. We will directly deposit the commission income you earn into your PayPal account.
- Option 2: Payment by Enerex Botanicals 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 Botanicals 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 by PayPal
Payment by Gift Card
ENEREX BOTANICALS CUSTOMERS
You acknowledge and agree that our 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 Botanicals, you will refer them to our Contact Page
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.
IDENTIFYING YOURSELF AS A 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 Botanicals 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.
TERM AND TERMINATION
The term of this Agreement will begin upon your submission of the application to join the Program. Either you or Enerex Botanicals 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.
We do not make any representations or warranties express or implied, statutory or otherwise, with respect to the Site, its Content, Enerex Botanicals products, information or other materials provided by Enerex Botanicals 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 Botanicals is not responsible for any errors or omissions on the website. Enerex Botanicals does not warrant that your activities or use the Sites is lawful in any particular jurisdiction and, in any event, Enerex Botanicals specifically disclaims such warranties.
LIMITATIONS ON LIABILITY
Enerex Botanicals 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 BOTANICALS 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).
You shall indemnify, defend and hold harmless Enerex Botanicals 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).
The validity, construction and performance of this Agreement are governed by the laws of the Province of British Columbia