BEACH TEAM MEMBER / AFFILIATE AGREEMENT
By signing up and submitting an application to become a LoveSurf ("Company") Beach Team Member and/or Sales Affiliate (“Member”), you hereby agree to the following:
- Member shall grant Company the rights to use name and likeness, as well as promises to promote and recommend endorsed products to the public. Company also holds ownership and the right to use any photographs, video and/or material created or used throughout the Agreement Term and for a period of up to twelve (12) months after the termination date. Member agrees to promote Company and Endorsed Products while at relevant events, as well as demonstrate consistent support on social media outlets including but not limited to Facebook, Twitter and Instagram.
- Member will receive a custom promotion link for Company website that will provide a savings to any referrals who use the Member code on www.LoveSurf.com. This code will also be used to track Member sales activity and reviewed on a monthly basis.
- Member will then receive compensation in the form of:
- Commission of 10% of the gross sales from all LoveSurf products sold through Member's promotion link. Payments will be made by the 15th of the month following the month in which Member participated in the sales promotion.
- Personal discount code of 20% for purchases.
- Member will submit correct identity information including age and mailing address for merchandise delivery.
- Member can contact our customer support email with questions about the program rules at [email protected]
- If Member does not comply with this Agreement or does not continue to promote and represent Company in a positive manner or in such way consistent with company image, Member will be subject for termination in LoveSurf’s discretion.
- This Agreement shall not render the Member an employee, partner, agent of, or joint venture with LoveSurf for any purpose. The Member is and will remain an independent contractor in its relationship to LoveSurf. LoveSurf shall not be responsible for withholding taxes with respect to the Member’s compensation hereunder. The Member shall have no claim against LoveSurf hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Member hereby waives the benefit of any state or federal statutes dealing with the establishment and regulation of franchises. The Member shall not have any power or express or implied authorization to bind LoveSurf or to assume or to create any obligation or responsibility, express or implied, on behalf of LoveSurf or in LoveSurf’s name.
- Member hereby releases, indemnifies and holds harmless, LoveSurf, its agents, employees, assigns, successors, insurers or any related entity, from each, every and all claims both in law and equity and all expenses, debts, covenants, liabilities, or responsibilities in any way relating to or arising from such claims, which Member had or now has against LoveSurf, whether known or unknown, and whether foreseen or unforeseen, arising from, or in any way connected directly or indirectly with, or otherwise related to, this Agreement, or any occurrence related to the performance of Member’s duties hereunder.
- Company shall hold Athlete harmless from any liability or expense (including legal fees and costs) made by third parties against Athlete with respect to claims arising from the manufacture, sale and/or use of Company’s products, except when resulting from the gross negligence or willful misconduct of Athlete.
- This Agreement shall be governed by the laws of the State of California.
- This is the entire agreement between the parties and may not be altered except in writing.
- LoveSurf holds the right to terminate this agreement at any time upon written notice.