Ambassador Program Terms & Conditions
Overview
This Agreement sets out the terms and conditions (the “ Terms ”) that
govern and apply to your participation in the Saint Venik Spa Ambassador Program (the “ Company ”, “ we ”, “ nos ” o
“ our ”) (the “ Program ”).
You may only take part in the Program if you are eighteen (18) years of age or older.
You agree that your participation in the Program constitutes express consent to
these Terms.
BREACH OF THESE TERMS WILL RESULT IN
THE IMMEDIATE CANCELLATION OF YOUR AMBASSADOR ACCOUNT AND ALL
RELATED PRIVILEGES, AS WELL AS THE FORFEITURE OF ALL UNPAID COMMISSIONS
EARNED THROUGH YOUR PARTICIPATION IN THE
AMBASSADOR PROGRAM.
Saint Venik further reserves the right to bring any claim, at law or in equity, that
may arise from any violation of these Terms.
Saint Venik expressly reserves the right to modify these Terms at any time, with or without
prior notice. Your continued participation in the Program after any change
will constitute and evidence your acceptance of any modification of these Terms.
To contact us about any matter covered in these Terms, including questions
or comments, you can reach us by email at
soporte@saintvenik.cl
Your ambassador link and commission
Saint Venik reserves sole and exclusive discretion over the approval, acceptance and/or rejection of all applications to join or take part in the Program. You may only take part in the Program if you are eighteen (18) years of age or older, and by applying and/or taking part in the Program, you expressly represent that you are eighteen (18) years of age or older.
YOU ARE ONLY PERMITTED TO REQUEST AND USE ONE AMBASSADOR LINK. REQUESTING MORE THAN ONE AMBASSADOR LINK PER PERSON IS GROUNDS FOR IMMEDIATE TERMINATION AND CONSTITUTES SUFFICIENT GROUNDS FOR THE FORFEITURE OF ALL UNPAID COMMISSIONS EARNED THROUGH YOUR PARTICIPATION IN THE AMBASSADOR PROGRAM.
If you want Saint Venik to deactivate an Ambassador Link you previously requested and that was approved, for any reason (including, without limitation, your wish to request a new Ambassador Link), you can send a request to soporte@saintvenik.cl.
Upon acceptance of your application to take part in the Saint Venik Ambassador Program, Saint Venik will provide you with a unique discount code that you may use, in accordance with these Terms, to earn ten percent (15%) of the Gross Revenue received by Saint Venik on purchases of Saint Venik merchandise through www.saintvenik.cl made using your Ambassador Link (or that are otherwise directly attributable to your Ambassador Link) (the "Commission").
"Gross Revenue", as used and referred to in this section, means the amount actually paid by a customer for the purchase of Saint Venik merchandise, and does not include any shipping charge, sales tax or any other similar charge billed to the customer at the time of purchase.
Saint Venik will pay you the Commission in accordance with its payment policies and practices in effect at the time. Saint Venik expressly reserves the right to modify its payment policies and practices at any time, at its sole discretion. Notwithstanding the foregoing, Saint Venik will make all reasonable efforts to publish all applicable payment policies and practices and to give you sufficient advance notice of any change to those policies and practices before they take effect.
You hereby acknowledge the sufficiency of the Commission in exchange for your participation in the Program, and that you will not be entitled to any consideration or commission, whether in cash or in equity, other than the Commission.
Prohibited Uses of the Affiliate Code
Saint Venik also provides periodic guidance and updates on prohibited uses of your Ambassador Link. For example, that guidance and those updates will be made available through online platforms you have been invited to by a Company representative. As noted above, you must join those platforms once you are notified that the Program uses them. You are also required to monitor that guidance and those updates, and you will be presumed to be familiar with those materials, regardless of whether you access them or take part in the Program activities posted and carried out on those platforms.
The current guidelines on the PROHIBITED use of your Ambassador Code include, among others:
- NO reuse original Saint Venik content (or another Saint Venik creator's content) for your own purposes.
- NO share your ambassador link on public websites (for example, Reddit, Google, coupon code sites, deal sites, etc.).
- NO bid on our brand terms through any online advertising platform (for example, Google Ads).
- NO promote your ambassador link on Saint Venik's corporate TikTok profile, or on the profiles or posts of other Saint Venik creators.
- NO disparage Saint Venik's products, content or advertising practices, the company, its employees, or its business practices or processes.
- NO use inappropriate language or reference controversial topics when promoting Saint Venik.
- NO ask Saint Venik moderators about any Saint Venik product order placed by you or by anyone who purchased through your Ambassador link (those moderators do not have access to individual order information).
- NO message Saint Venik employees or other representatives on their personal social media accounts.
BREACH OF THESE TERMS WILL RESULT IN THE IMMEDIATE CANCELLATION OF YOUR AMBASSADOR ACCOUNT AND ALL RELATED PRIVILEGES, AS WELL AS THE FORFEITURE OF ALL UNPAID COMMISSIONS EARNED THROUGH YOUR PARTICIPATION IN THE AMBASSADOR PROGRAM.
Saint Venik expressly reserves the right to modify its policies and practices regarding the permitted use of Ambassador Links at any time, at its sole discretion, with or without prior or written notice. Your continued participation in the Program after any change will constitute and evidence your acceptance of any modification of these Terms.
Representations and warranties
You represent and warrant that: (a) you are eighteen (18) years of age or older; (b) you have the legal right and authority to enter into this Agreement and to perform your obligations under it; (c) you will not violate any applicable law or regulation, or cause the breach of any third-party agreement, in connection with your participation in the Program; (d) you will not violate, infringe or misappropriate any intellectual property, proprietary, privacy or publicity rights, or any other third-party rights, in connection with your participation in the Program; and (e) you will not be abusive, harassing, reputationally harmful, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable, false or misleading in connection with your participation in the Program.
Term
Saint Venik reserves sole and exclusive discretion over your participation in the Program. Saint Venik may terminate or modify these Terms, or terminate or modify your participation in the Program, at any time and for any reason, with or without prior written notice. Your continued participation in the Program after any change will constitute and evidence your acceptance of any modification of these Terms.
You are not entitled to written or advance notice of the termination or modification of your participation in the Program, and Saint Venik has no obligation to provide written or advance notice of the termination of an Ambassador Link.
Upon termination or deactivation of the Ambassador Code, Saint Venik will send you a final report detailing all commissions you earned up to the date the Agreement was terminated. Saint Venik will pay those commissions in accordance with its payment policies and practices in effect at that time.
Commissions forfeited due to a breach of these Terms will not be paid, and your participation in the Program constitutes your consent to the forfeiture of those commissions where warranted by a breach of these Terms (which Saint Venik will investigate and determine at its sole discretion).
The terms of this Agreement that, by their meaning and effect, are intended to survive its termination will remain in force, including but not limited to the paragraphs.
Protection of confidential and proprietary information
You acknowledge that the Company is engaged in an ongoing program of product development and marketing strategy in connection with its business activities. You therefore agree as follows:
During your participation in the Program, and permanently thereafter, you will keep confidential and will not disclose, use, publish or copy the Company's Proprietary Information (defined below), except to the extent that such disclosure, use or publication is: (i) expressly authorized in writing or by email by a Company officer; or (ii) expressly required by law.
The term "Proprietary Information" means private, confidential, trade secret or other proprietary information (whether or not embodied or contained in any tangible format) relating to any actual or anticipated business of the Company or its Ambassadors, or any product development or marketing carried out by the Company or its Ambassadors, or non-public information suggested by or resulting from any task assigned to the Ambassador or work performed by the Ambassador for or on behalf of the Company or its Ambassadors, whether disclosed to you before or after the Effective Date.
"Proprietary Information" does not include any information that is: (i) generally known to the industry or the public; (ii) lawfully made available to the Ambassador by a third party without breaching any confidentiality obligation; or (iii) part of the Ambassador's general skill and knowledge.
Indemnification
You shall indemnify, defend and hold harmless the Company, and its parent companies, subsidiaries, Ambassadors, shareholders, members, managers, officers, directors, employees, agents and representatives from and against any and all claims, costs, proceedings, demands, losses, damages and expenses (including, without limitation, reasonable attorneys' fees and legal costs, reimbursed as incurred) of any kind or nature, arising out of or relating to any actual or alleged breach of any of your representations, warranties or covenants in these Terms, or your negligence or misconduct in taking part in the Program.
You may not settle any indemnified claim against the Company unless the settlement unconditionally releases the Company from all liability. The Company may take part in the defense of any indemnified claim at its own expense. The Company may, at its own expense, undertake and control the defense of any indemnified claim if the Ambassador is unable to undertake and control it.
No publicity
Except as set out in this document, you may not issue a press release, news item or other announcement, or otherwise publicize that you are associated with or provide services for Saint Venik, without Saint Venik's prior written permission.
No disparagement
You agree that you will not criticize, disparage, make negative statements about or otherwise damage the reputation of Saint Venik, and will not make negative comments about Saint Venik's business operations, products, services, employees, practices, procedures or policies, whether orally or in writing.
Miscellaneous
K. Miscellaneous
Independent Contractors. The parties are independent contractors, and nothing in this Agreement will be deemed or construed to create, nor is it intended to create, a partnership, joint venture, employment or agency relationship between the parties. Each party agrees that it does not have, and will not give the appearance or impression of having, the legal authority to bind or commit the other party in any way, except as expressly set out in this Agreement. You acknowledge and agree, and it is the intent of the parties hereto, that you will not receive any Company-sponsored benefits (for example, paid vacation, sick leave or health insurance) from the Company, whether as a contractor or an employee, except as required by law. Any tax imposed on you as a result of the activities carried out hereunder is your sole responsibility.
Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party's prior written consent. Any purported assignment, transfer, delegation or other disposition will be void, unless otherwise agreed in writing. Notwithstanding the foregoing, Saint Venik may assign its interest in your Agreement to these Terms without your consent to an affiliate or to a third party that acquires (by sale, merger, reorganization or otherwise) substantially all of Saint Venik's assets or business.
Amendments. Saint Venik expressly reserves the right to modify these Terms at any time, with or without prior notice. Your continued participation in the Program after any change will constitute and evidence your acceptance of any modification of these Terms.
Arbitration. Any dispute or claim arising out of or relating to these Terms, or their breach, will be settled conclusively by binding arbitration in Santiago, Chile, under the Arbitration Rules of the Arbitration and Mediation Center of the Santiago Chamber of Commerce. The award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. Each party will bear its own costs and attorneys' fees.
Governing law and jurisdiction. These Terms and all related documents, as well as all matters arising out of or relating to the Program, whether in contract, tort or by statute, will be governed by, construed and enforced in accordance with the laws of the Republic of Chile. Notwithstanding the preceding provision ("Arbitration"), any claim, action or legal proceeding arising out of or relating to these Terms, or the Program, must be brought in the competent courts of Santiago, Chile, and each Party irrevocably submits to the exclusive jurisdiction of those courts in any claim, action or proceeding, and waives any objection based on jurisdiction or venue. This Agreement will be interpreted according to the plain meaning of its terms and not strictly for or against either Party.
Severability. If a court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, that provision will be deemed replaced by a valid and enforceable provision that comes as close as possible to the intent of the original provision, and the remainder of the Agreement will continue in full force and effect. If no enforceable provision can replace that invalid or unenforceable provision, it will be deemed severable from the Agreement and will not affect the validity or enforceability of the remaining provisions.
No Waiver. A party's failure to enforce any of these Terms for a period of time will not be construed as a waiver of those provisions or of that party's right to subsequently enforce each and every provision of these Terms.
Entire Agreement. These Terms constitute the complete and final agreement of the parties regarding the Program and your participation in it, and supersede the parties' prior agreements, understandings and discussions regarding the Program.
Knowing and Voluntary Agreement. By applying and choosing to take part in the Program, you acknowledge that:
- You have carefully read and fully understand all the provisions of these Terms.
- You knowingly and voluntarily accept all the conditions, expectations and obligations set out in these Terms and agree to be legally bound by all of them.
- You have been advised in writing to consider these Terms and to consult an attorney about them; and
- To the extent necessary or desired, you have consulted an attorney of your choosing about these Terms, and have either done so or freely chosen not to.
