Headsweats Ambassador Agreement

Updated 11/1/2023

AMBASSADOR BENEFITS

As a Headsweats Ambassador, you will receive the following benefits:

  • Ambassador Packages: Initial shipment will contain: Three (3) Ambassador-branded Headsweats headwear products, one (1) Ambassador-branded Headsweats Core tee. In addition, you will have the opportunity to purchase, at discounted prices, additional Ambassador-Branded products throughout the year.
  • Coupon Code: Personalized promo code for 40% off Headsweats website orders. Code valid on Headsweats.com only. We will contact you to set a code.
  • Friends and Family Coupons: Twice a year you will receive exclusive coupon codes to share with your friends and family.
  • First Looks: Be the first to know about and try new products and collections before they’re released. Ambassadors may also be sent sample products to demo and provide feedback.
  • Social Exposure: Be featured on Headsweats social media, website, and blog. Ambassadors give Headsweats permission to share and repost your product-related social content, with credit, without prior approval.
  • Part of the Headsweats Family: We want to treat you as family because you are our family. Whether it be help perfecting your content, product inquiry support, or growing your following, we want to help you in any way possible.
  • Industry Invitations: Be invited to attend industry events, including Outdoor Retailer, The Running Event, and others, on behalf of Headsweats. Invitations may not cover travel and lodging costs.
  • Photo Shoots: Opportunity to participate in Headsweats product photo and video shoots. Photos and video may be used on Headsweats social media, in company marketing materials, and on Headsweats.com.
  • Business Discount: Receive discount on personal-related business, organization, team, and club headwear and apparel orders. Discount amount determined by order size and design needs. Please contact ambassadors@headsweats.com for more information.

AMBASSADOR AGREEMENT

As a Headsweats Ambassador, you agree to the following:

  1. Have fun: You’ve been selected to represent Headsweats because we love who you are and what you do. Continue sharing your passion for fitness, motivating others, and building a community. If you’re ever not enjoying yourself as an Ambassador, please let us know.
  2. Be active: Headsweats Ambassadors are expected to be active on social media. Suggestions are at least three (3) social posts featuring or mentioning Headsweats or Headsweats products per month.
2.1. Content: Posts may include photos or videos and discuss product benefits, product reviews, coupon code sharing (when applicable), Headsweats sales promotions, training updates, events, or anything relevant to your lifestyle and the Headsweats brand.

 

2.1.a. Prohibited Content: Posts featuring Headsweats products may not contain or include content that, at the company’s discretion:

  • is obscene, pornographic, or sexually explicit
  • is derogatory towards ethnicity, race, gender, sexual orientation, religion, or age
  • promotes illegal drugs or activities
  • defames or disparages other people or entities
  • communicates messages or images inconsistent with that which Headsweats wishes to associate
2.2. Tagging: Posts should tag and/or mention Headsweats, when appropriate.
  • Facebook: @Headsweats
  • TikTok: @headsweats
  • Instagram: @headsweats
  • Twitter: @HeadsweatsCo
2.3. Hashtags: Posts should include Headsweats-brand hashtags, when appropriate.
  • #headsweats
  • #headsweatshats
  • #teamheadsweats
  • #headsweatsambassador
  • #keepacoolhead
3. FTC Endorsement Guidelines: As a Headsweats Ambassador, you are responsible for adhering to FTC Endorsement Guidelines. Material connections, including the gift of free product, and relationships with brands should be clearly and conspicuously disclosed when promoting or endorsing products on social media.
3.1. Best practices:
  • Disclose material connection above the fold (ie, above “Continue reading” and “More,” not in post comment, etc.)
  • Include disclosure hashtags (#headsweatsambassador, #brandambassador)
  • Use Facebook and Instagram Branded Content Tools (ie, “Paid partnership with [Brand]”), if eligible
The FTC says you need to disclose your relationship in a way that’s “hard to miss.” Here are some dos and don’ts according to the FTC social media guidelines:
Do:
  • Use words that are easy to understand.
  • Use terms like brand ambassador, brand representative or brand advocate
  • Place the disclosure in a prominent place in the endorsement post.
Don’t:
  • Mix your disclosure into hashtags at the end of a post.
  • Disclose the relationship on a website or a page that you link to.
  • Assume that your followers know your relationship with a brand, even if you’ve worked with them before.
  • Use vague terms like sp, spon, collab, or thanks.
  • Assume that a platform’s disclosure tool is good enough. Use it in addition to these disclosure rules.
4. Image use and ownership: All photos and videos portraying Headsweats products that you post on social media and personal websites remain yours to own and use. However, you give us permission to use, share, and repost your Headsweats product-related content, with credit, without prior approval on Headsweats social media, in company marketing materials, and on Headsweats.com.
5. Maintain Communication: As a remote relationship, communication is critical to staying connected. Headsweats Ambassadors are required to provide an active email address and respond to messages in a timely fashion For Ambassador-related questions, comments, and concerns, please contact ambassadors@headsweats.com.
5.1. Facebook Group: Current Headsweats Ambassadors will be invited to join an exclusive Facebook Group. The Group is designed to provide Ambassadors with a community to connect with one another, share content, offer training tips, organize local events, etc. An invitation to join will be sent upon your acceptance.
6. Non-exclusive competition: Headsweats Ambassadors are free to endorse other brands or products of other companies, except direct competitors or headwear. Use your best judgment. If you have a question about a possible conflict of interest with another brand, please contact ambassadors@headsweats.com.
HEADSWEATS LEGAL
As a Headsweats Ambassador, you agree to the following terms:
1. Modification: Headsweats reserves the right to make future changes to any and all terms and conditions of this Agreement. Ambassadors will be notified of changes made within thirty (30) days.
2. Relationship: Ambassadors are unpaid, independent contractors and nothing herein this Agreement shall be construed as creating an employer/employee relationship between Headsweats and Ambassador.
3. Product Resale: All Headsweats products provided as part of this relationship may not be re-sold during the effective term of this Agreement.
4. Brand Ambassador Coupon Code: As a Headsweats Brand Ambassador, you will receive a 40% off coupon that is for your personal use, only. Sharing your coupon code outside of your immediate family may result in termination of this agreement without advance notice. If you would like coupon codes to share, you will receive a Friends and Family Coupon Code to share TWICE a year.
5. Tax and compensation: Ambassadors shall be solely liable for the payment of all federal, state, and/or local income tax and any other tax-related liabilities or withholdings incurred as a result of services furnished or compensation provided under this Agreement. Headsweats will not provide workers' compensation, unemployment, or disability insurance coverage for any Ambassador, with respect to the services performed under this Agreement.
6. Liability: Headsweats shall not be liable or responsible for any damages, losses, expenses, injuries, inconveniences, trauma, or loss of life which may occur while, or as a result of, you or any of your friends, family members, or associates are traveling to or from, participating in, attending, using, sampling, spectating, viewing, reviewing, testing, photographing, or otherwise being involved or engaged with any and all Headsweats products or events. Each Ambassador shall be responsible for any and all expenses and/or resulting liabilities should injury, damage, loss, expense, or loss of life occur for any reason. All Ambassadors, including their family members, next of kin, and/or heirs agree to hold Headsweats harmless against any injury, loss, or death. Headsweats Ambassador shall defend, indemnify and hold Headsweats, their officers, owners, officials, employees, and volunteers harmless from any and all claims, actions, injuries, damages, liabilities for injury or death of any person, losses or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of Headsweats or any agent or third party of Headsweats in performance of this Agreement or anything related to Headsweats.
7. Termination: Headsweats reserves the right to terminate its involvement with Ambassadors at any time, with or without cause. Ambassadors can also choose to terminate their involvement with Headsweats as they see fit, provided formal notification. Ambassadors who end their relationship with Headsweats are not eligible to rejoin the program until the following application period.
8. Agreement: You agree purchase your initial forty dollar ($40) Brand Ambassador Kit, and agree to become a 2024 Headsweats Brand Ambassador, and also agree to Headsweats Brand Ambassador Terms of Service.
9. Term: This Agreement is effective as of future date January 1, 2024 and valid for one (1) year from the effective date.
This Agreement shall be governed by, construed under and interpreted and enforced in accordance with the laws of the State of Colorado.
Ambassador Agreement: Headsweats Ambassador terms are outlined in the Ambassador Agreement section above. Ambassadors who do not abide by the requirements are subject to termination at the company’s discretion.