Piccardilla Ambassador Program Terms of Service

Agreement

These Terms and Conditions (the “Ambassador Agreement”) govern the Ambassador Program (“Program”) that is made available by Piccardilla (“Piccardilla.com”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between Piccardilla and the individual or entity who participates in the Ambassador Program (the “Ambassador”, or “you”).

Please read this agreement carefully as it represents a legally binding agreement between you and Piccardilla. By submitting your application and by your use of the Ambassador Program, you agree to comply with all of the terms and conditions set out in this Ambassador Agreement. Piccardilla.com may terminate your Ambassador Account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Piccardilla.com believes is harmful to its business, or for conduct where the use of the Ambassador Program is harmful to any other party.

Piccardilla reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Account Terms

  • You must be 16 years or older to be part of this Program.
  • You must be a Person. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Piccardilla cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Ambassador Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Unique Ambassador Coupon

Piccardilla will assign you an ambassador 20% discount coupon which you will need to use to purchase products from Piccardilla.com in order to start with the Program. You are entitled to use your ambassador 20% discount as many times as you want for as long as you are part of the program. You are not to share this coupon code with anyone else as it is exclusively for Piccardilla ambassadors.

Once the first step is complete, Piccardilla will create a unique 15% ambassador coupon for you. You will use the products you purchased with your 20% discount to review them and to create posts to be shared in your social networks, website, blog, youtube channel and/or any other platform where you have an audience. For every time your unique ambassador coupon is used to purchase from Piccardilla.com, we will pay you 15% of the amount of the purchase.

You will not get credited commissions on your own orders using your unique Ambassador coupon.

Commissions and payment

For a sale to be eligible to count as an ambassador commission, the customer must apply your unique ambassador coupon to their cart and complete an order for a product during that session. The commission to be paid is 15% of the total amount of each order credited to your ambassador coupon (excluding shipping, taxes, and returns).

All Ambassador commission payments will be payable in United States Dollars only, except as otherwise determined by Piccardilla in its sole discretion. Payment will be made exclusively through PayPal every 1st day of every month.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

You will not get credited commissions on your own orders using your unique ambassador coupon.

Advertisements

Piccardilla hereby grants you a non-exclusive, non-transferable, limited license to use the Piccardilla.com logos for the sole purpose of promoting our products within the context of the Ambassador Program. This license will expire upon termination of your participation in the Program.

You may only display advertisements that contain Piccardilla logos or product marks in good taste. You may not use Piccardilla logos or product marks in a manner that, in Piccardilla’s sole discretion, portrays Piccardilla in a negative light.

You will be solely responsible for your own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.

Piccardilla will often repost and share the best posts and reviews from ambassadors in its own social networks, email lists and other marketing channels in its sole discretion. If your posts get shared, you will remain the sole owner of the images or material shared. 

Piccardilla may, without prior notice, require you to remove or modify any advertisements in Piccardilla’s sole discretion.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time.

Ambassador responsibilities

You will be solely responsible for the development, operation, and maintenance and for all materials that appear on your website, blog, podcast, social networks, email list or other types of online presence directing to Piccardilla.com. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment (where applicable)
  • Ensuring the display of your unique ambassador coupon on your site or social networks does not violate any agreement between you and any third party
  • The accuracy, truth, and appropriateness of materials posted by you (including, among other things, all Product-related materials and any information you include within or associate with your unique ambassador coupon)
  • Ensuring that materials posted on your site or social networks do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  • Ensuring that materials posted on your site or social networks are not libelous or otherwise illegal

Additionally, our program includes activities and missions exclusive to ambassadors in which you may voluntarily choose to participate. We encourage our ambassadors to get involved in these activities to get the most out of our Program.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon your application and will remain active for the following 8 months after which time the agreement may be reactivated. This agreement may be reactivated for as long as you or Piccardilla choose to collaborate together.

However, either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to Piccardilla.com, your unique ambassador coupon, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Piccardilla reserves the right to end the Program at any time. Upon program termination, Piccardilla will pay any outstanding earnings accrued.

Termination

Piccardilla, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Piccardilla service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Piccardilla reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of Piccardilla will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Piccardilla to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Piccardilla and govern your use of the Service, superseding any prior agreements between you and Piccardilla (including, but not limited to, any prior versions of the Terms of Service).

Last updated November 25th, 2019

Piccardilla
3501 Jack Northrop Ave
Hawthorne, CA 90250
USA

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