The Ambassador and the Brand enter an agreement in accordance with the terms and conditions outlined below and agree as follows:
1.0 DEFINITIONS
‘Account’ means any account(s) relating to the Ambassador for the software used by the Brand to provide data including (but not limited to) links, codes, and commission.
‘Ambassador Links’ / ‘Affiliate Links’ or ‘Ambassador Codes’ means a unique website URL or website code given to the Ambassador via software by the Brand directing third parties to the Vocalzone website for the purposes of tracking third party purchases made as a direct result of clicking on that website URL(s) or code(s).
‘Brand‘ means Vocalzone, a brand owned by Kestrel Medical Limited, registered business at Kestrel House 7 Moor Road Broadstone Dorset BH18 8AZ, Registered company number 04122830.
‘Commencement Date’ means the date on which the Registration Form has been approved by the by email after the Ambassador has submitted the Registration Form.
2.0 GENERAL
The Ambassador will be invited, via email, to sign up a to our Ambassador portal if their application is successful. Here they will be able to view their sales and commissions.
Any Vocalzone Ambassador program will last for a maximum term of one year.
We reserve the right to terminate this agreement at any time if the Terms and Conditions are broken or the Vocalzone Ambassador program ends.
3.0 POSTING
To help us see any post you make as a Vocalzone Ambassador, it always helps to use the Vocalzone hashtag and @mention @vocalzoneHQ. We will prioritise content which is more directly relevant to Vocalzone. For example, a photo in the recording studio where a pack of Vocalzone may be present would take precedent over a post from a member with no mention of Vocalzone. As with all social media channels, it Is important to remain relevant to the people following our channel and that link to the brand always helps make any content we share more explicitly relevant.
Posts must not contain offensive, harmful or illegal content, products or material. Vocalzone retain sole discretion as to what constitutes inappropriate content.
The Ambassador must always represent and portray the brand in a positive manner in posts, or in any other promotional activities that is undertaken as an Ambassador for the Brand. You must not post any negative, false, defamatory, or misleading comments, or engage in posts which portray the Brand in a negative way. Any such posts will be deemed as causing brand reputation damage, which could be subject to us pursuing damages.
The Ambassador consents to the Brand monitoring the social media platforms and any websites on which the Ambassador promotes the Brand for the purpose of monitoring commission and compliance with these Terms and Conditions outlined herein.
Any mistakes in content that an Ambassador posts on social media sites or other platforms that relates to the Brand and its products must be rectified immediately.
Spamming via email or on social media platforms is prohibited.
4.0 AFFILIATE LINKS
The Ambassador may place affiliate links on the social media site(s) that they gave on sign-up to the program only. Placement of an affiliate link on any other website, social media platform, email, or other platform or location requires prior written approval from the Brand.
5.0 COMMISSION
Commission will only be made for sales tracked through our program using the code.
Commission will not be paid on purchases that have been returned and refunded.
The Brand will pay the Ambassador a commission equal to 10% of the gross sale value.
The Brand may at any time and for whatever reason, decrease or increase the commission.
We reserve the right to change the commission rate, and any other terms at any time. We will notify the
Ambassador via email of any changes in terms. Continued use of the Ambassador program after any such
notification will constitute acceptance of these terms. If the Ambassador does not wish to accept the new
terms, their only recourse is to end their Ambassador program.
We will determine the currency in which we pay the Commission, as well as the applicable conversion rate.
We will not pay more than one Commission payment or other similar referral fee on any given
Customer Transaction (unless we choose to in our discretion).
You will only be eligible for commission payments on customer transactions that are generated by the
Ambassador code or link that we make available to you.
Cookies are used as part of the Ambassador portal have a set duration. If a potential customer clears their cookies
during this period, Vocalzone shall not be liable for any commissions that may have been owed to you.
We use Solid Affiliate software for managing our Ambassador sales. Like all software programs, this can at times have problems, bugs or glitches from time to time. The information reported from this software
is our only source that determines whether sales are made through an Ambassador link or code, and nothing
else. We are not responsible for any errors in the software system, financially or otherwise. We are not liable
to pay any commissions if no sales are registered in the system for whatever reason.
We reserve the right to refuse commission if any of the Terms and Conditions contained herein are broken.
You are responsible for paying any taxes and fees (including bank fees) applicable to the Commission.
6.0 PRODUCTS
The Brand reserves the right to change Product prices at any time without notice. Such changes in prices
will affect the gross sales, and therefore the commission the Ambassador receives.
The Ambassador will cooperate with all reasonable changes that the Brand may implement with respect
to the Ambassador Program and these Terms and Conditions.
7.0 TRADEMARKS
During the term of this Agreement, we may make our trademark available to you within the Ambassador software. In this event, you may only use our trademark if you follow the usage requirements outlined below.
You must:
- only use the images of our trademark that we make available to you, without altering them in any way
- only use our trademarks in connection with the Ambassador Program and this Agreement
- comply with our Trademark Usage Guidelines
- immediately discontinue use if requested to do so by the Brand.
You must not:
- use our trademark in a misleading or disparaging way
- use our trademark in a way that implies we endorse, sponsor, or approve of your services or products
- use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
- Stretch, alter or modify Brand creatives in any way, or use to promote any other product other than Vocalzone.
All creatives, images, trademarks and content supplied is copywrite of Vocalzone.
8.0 NON-EXCLUSIVITY
This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.
9.0 INDEMNIFICATION
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (Action) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of your participation in the Ambassador Program, your noncompliance with this Agreement, or your use of the Ambassador portal.
10. DISCLAIMERS
The Brand disclaims all representations and warranties of any kind, whether express, implied, or otherwise, with respect to the Products, including but not limited to fitness for a particular purpose, satisfactory quality, or non-infringement and any warranties arising out of any law, custom, or performance.
The Brand’s website, materials, special links, data and all other materials or information provided, or by or on behalf of the Brand in connection with an Ambassador, are provided ‘as is’.
11. DATA PROCESSING AND PROTECTION
Personal Data is processed and shared with third parties, such as through our affiliate software whilst using this Ambassador Program. For full details please read our section 24 of our website Terms and Conditions and our Privacy Policy.
12. RELATIONSHIP OF BOTH PARTIES
Both the Ambassador and the Brand agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
