Curator Terms & Conditions

Boll & Branch

Brand Ambassador Terms & Conditions

Last Updated: March 12, 2025

PLEASE READ THESE AMBASSADOR TERMS (DEFINED BELOW) CAREFULLY BEFORE SUBMITTING YOUR APPLICATION TO BECOME A BRAND AMBASSADOR (DEFINED BELOW). YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THESE AMBASSADOR TERMS.

THESE AMBASSADOR TERMS REQUIRE THE USE OF MANDATORY ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. SEE SECTION 16 FOR MORE INFORMATION. BY CLICKING “I AGREE” AND SUBMITTING YOUR APPLICATION, YOU AGREE TO RESOLVE ANY DISPUTE IN ANY WAY ARISING OUT OF OR RELATING TO THESE AMBASSADOR TERMS OR THE PROGRAM (DEFINED BELOW) THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES, UNLESS OTHERWISE PROVIDED BELOW, AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.

BY CLICKING “I AGREE” AND SUBMITTING YOUR APPLICATION AND PARTICIPATING IN THE PROGRAM, YOU AGREE TO THESE AMBASSADOR TERMS BETWEEN YOU AND BOLL & BRANCH. YOU AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE AMBASSADOR TERMS, INCLUDING ALL APPLICABLE POLICIES REFERENCED HEREIN.

IF YOU DO NOT AGREE TO THESE AMBASSADOR TERMS, CLICK “I DO NOT AGREE” AND DO NOT SUBMIT THE APPLICATION. IF AT ANY TIME YOU NO LONGER WISH TO BE BOUND BY THESE AMBASSADOR TERMS, YOU MUST IMMEDIATELY PROVIDE WRITTEN NOTICE TO BOLL & BRANCH USING THE MECHANISM SET FORTH IN SECTION 10.

Introduction.
1. These Boll & Branch Brand Ambassador Terms and Conditions govern the Boll & Branch Brand Curator Program, and The Boll & Branch Summit Club (the “Program”). The Program is operated by Boll & Branch LLC (“Boll & Branch,” “we,” “us,” or “our”) and is subject to these Boll & Branch Brand Ambassador Terms as well as any documents or policies they expressly incorporate by reference, including, without limitation, our Privacy Notice (accessible at https://www.bollandbranch.com/pages/privacy-notice/), and our Terms of Service (accessible at https://www.bollandbranch.com/pages/terms-of-service/), any separate agreement we may require you to execute, as well as any Boll & Branch policies, standard operating procedures, or guidelines provided to you from time to time (collectively, these “Ambassador Terms”). The Ambassador Terms govern your (“Brand Ambassador,” “you,” or “your”) relationship with Boll & Branch when you apply for and participate in the Program. By submitting your application and/or participating in the Program, you hereby agree to be bound by these Ambassador Terms.
2. Boll & Branch may, in its sole and absolute discretion, with or without notice to you, modify or add to any of these Ambassador Terms or the Program at any time, even though such changes may affect the amount of your Commission or Discount. See Section 15 for more information.
3. Superfiliate, Inc. (the “Platform”) provides certain services to us in connection with the Program. You acknowledge any and all Platform terms and conditions (available at https://www.superfiliate.com/legal/terms) (“Platform Terms”) are incorporated into the Ambassador Terms. In the event of a conflict between these Ambassador Terms and the Platform Terms, the terms of these Ambassador Terms shall govern and control.
Program Description.
1. The Program is a brand ambassador program that allows a Brand Ambassador whose application has been approved by Boll & Branch to receive certain benefits, such as Commissions on Qualified Sales of Boll & Branch Products and Discounts, in exchange for providing certain Promotional Services of Boll & Branch Products to Boll & Branch.
2. There is no fee associated with application to or enrollment and participation in the Program. Participation in the Program is personal and non-transferable. Commissions, Ambassador Tiers, Discounts, and other Brand Ambassador Promotions or benefits may not be gifted, purchased, sold, bartered, brokered, or otherwise transferred.
Enrollment; Application.
1. Brand Ambassador; Territory. If selected by Boll & Branch, you will become a brand ambassador (“Brand Ambassador”) for products offered and sold by Boll & Branch (the “Boll & Branch Products”) on its website (www.bollandbranch.com) (the “Website”). The Brand Ambassador’s territory shall be within the United States.
2. Enrollment.
  1. Limitation. Participation in the Program is limited to eligible persons residing in the United States. For the avoidance of doubt, only natural persons transacting in their personal capacity and for their own account are eligible to participate. No business entities, third-party aggregators, organizations, or groups may apply for or enroll or participate in the Program.
  2. To participate and enroll in the Program, and be eligible for the benefits of an Ambassador Tier, you must complete and submit the online application. Initial approval of your application does not mean that all information or actions set forth in the application comply with the Ambassador Terms, and it is your continuing duty to ensure your compliance with the Ambassador Terms. Boll & Branch may reject your application and/ or dismiss you from the Program at any time at our sole and absolute discretion.
  3. Application. You must provide your full and accurate legal name, a valid email address, and any other information required to complete the application for the Program. You will only provide true and accurate information to Boll & Branch, and will update any such information as necessary to ensure that such information is kept complete and accurate. You will not use any “bot” or other automated method to enroll or otherwise participate in the Program.
  4. Eligibility Criteria. You acknowledge and agree that you meet the following eligibility criteria:
    1. You have read, understand, and agree to be bound by the Ambassador Terms.
    2. You are eighteen (18) years of age or older.
    3. You reside in the United States.
    4. You are authorized to work in the United States (proof of which may be requested by Boll & Branch at any time).
    5. You maintain and actively use an account on at least one form of social media, including Facebook, X (Twitter), Pinterest, Snapchat, Instagram, TikTok, Tumblr and/or YouTube, which have been approved by Boll & Branch (collectively, “Approved Media”). Your accounts on Approved Media are referred to as “Accounts.”
    6. [You have at least [two thousand (2,000)] followers on any Approved Media.]
Brand Ambassador Program.
1. Acceptance. If Boll & Branch approves your Brand Ambassador application, it will notify you via the communication method provided in your application. Upon notification, you are required to provide Boll & Branch a list of your Accounts (including the username and a link to such Account) on Approved Media and add Boll & Branch as a friend/follower on each Account. Boll & Branch may also require you submit certain paperwork, such as tax and work eligibility documentation, prior to your provision of Promotional Services (defined below), as described hereunder.
2. Trackable Links. We will provide you with links or URLs that hyperlink to certain Boll & Branch Products on our Website that are unique to you which allows us to track purchases made through your unique link or URL (“Trackable Link(s)”). You will use any Trackable Links as we provide to you and will not change or manipulate the Trackable Links.
3. Identification as Brand Ambassador. Upon acceptance of your application and thereafter for the term of your Brand Ambassador affiliation, you must conspicuously identify yourself as a “Boll & Branch Brand Ambassador” on all Accounts and in all Content (defined below), advertising, promotional material, social media posts (e.g. by using [“#B&BBrandAmbassador”]), and any other forums in which you promote the Boll & Branch Products.
4. Brand Ambassador Promotions. From time to time, we may offer special promotions, offers, or gifts to Brand Ambassadors (“Brand Ambassador Promotions”), which may be subject to additional terms and conditions that we post on the Website, on one of our social media accounts, on the Platform, or that we communicate to you in some other way. Please review the terms and conditions for these Brand Ambassador Promotions carefully if you choose to participate in any of them, as you will be subject to those terms, as well as these Ambassador Terms.
Brand Ambassador Services.
1. Services. You agree to use your best efforts to market and promote the Boll & Branch Products on your Accounts (the “Promotional Services” or the “Services”), in a manner consistent with the guidelines provided herein. As a part of the Promotional Services, you agree to perform the following:
  1. Create and post photo and/or video content promoting the Boll & Branch Products and/or any related campaign as Boll & Branch may request from time to time as described in Section 5.b below;
  2. Share and promote your Trackable Link for Boll & Branch Products in any Content you create or share on your Accounts;
  3. Communicate, network, and/or collaborate with social media influencers, Boll & Branch’s social media followers and customers, and any other individuals requested by Boll & Branch, to promote the Boll & Branch Products;
  4. Promptly respond to communications from Boll & Branch personnel in text, email, phone, or any other form; and
  5. Participate in educational and training programs that may be required of you from time to time at Boll & Branch’s sole and absolute discretion. Failure to participate in such educational and/or training programs may result in Brand Ambassador’s termination from the Program.
2. Content. You are responsible for creating and posting any materials, including but not limited to content, photos, videos, verbiage, pictures, writings, other work product and/ or works of authorship generated as part of the content or otherwise related to the Promotional Services used to advertise and promote our brand and the Boll & Branch Products and for linking to the Website via the Trackable Links (collectively, “Content”). You are solely responsible for the Content, including the accuracy of the materials, and for ensuring that all Content you publish on your Accounts do not violate any law or infringe upon the rights of any third party. Any Content you create pursuant to these Ambassador Terms must conform to the Content Guidelines set forth in Section 6 and any other criteria set forth herein or otherwise provided to you by Boll & Branch. None of the Content you post will require Boll & Branch to obtain authorizations, consents, licenses, or permissions from or make any payments to any third party for any liking, reposting, re-tweeting, or other use of your posts by Boll & Branch. You agree that Boll & Branch may post, re-post, upload, or otherwise re-use any of your Content at any time, without compensation other than what is provided in these Ambassador Terms.
3. Compliance. You will comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to the Federal Trade Commission Act and all guidance, orders, rules, and regulations promulgated thereunder, including Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Guides”) and any relevant guidance issued by the FTC, as well as any instructions or guidelines we publish or provide to you, including our Social Media Guidelines accessible at [https://www.bollandbranch.com/pages/social-media-endorsement-policy], the terms of which are incorporated herein by reference (“Social Media Guidelines”), and all federal and state privacy laws. You understand and agree that we will monitor compliance with these Ambassador Terms, including the Brand Ambassador Guidelines. In addition to the foregoing, access to and use of the Approved Media and Account may be subject to the terms of the Approved Media provider (“Approved Media Terms”). You will comply with all Approved Media Terms and any breach of the Approved Media Terms shall be considered a breach of these Ambassador Terms. Boll & Branch shall have no liability for your use of the Approved Media and/or Accounts.
4. Non-Disparagement. During the term of these Ambassador Terms and thereafter, Brand Ambassador agrees to refrain from making negative, disparaging, untrue or misleading statements or comments about Boll & Branch, the Boll & Branch Products, or the officers, employees or other Brand Ambassadors of Boll & Branch or any related company.
5. Negative Comments. Boll & Branch will always strive to deliver the best possible experiences for our Brand Ambassadors and customers. Should an issue arise, please direct all concerns to our curator team at [curator@bollandbranch.com].
6. Earnings Claims. Brand Ambassador shall not make any earnings claims or representations in connection with promoting Boll & Branch as a business or income opportunity except as specifically set forth in materials published by Boll & Branch. Brand Ambassador acknowledges that Boll & Branch does not pay any compensation, bonus, or commission for enrolling other Brand Ambassadors in the Program, unless explicitly stated.
7. Ethical Business Practices. You shall at all times, operate as a Brand Ambassador in a manner that reflects favorably at all times on Boll & Branch Products and the name, goodwill, and reputation of Boll & Branch and any related company. Brand Ambassador shall not engage in deceptive, misleading, or unethical conduct or practices that are or might be detrimental to Boll & Branch, Boll & Branch employees, the Boll & Branch Products, other Brand Ambassadors, Boll & Branch customers, or the public. You must conduct yourself at all times with the highest degree of professionalism and behave in a legal, ethical, and business-like manner and maintain the highest standards of integrity, honesty, and responsibility in your dealings with Boll & Branch, Boll & Branch employees, and Boll & Branch customers. In addition, Brand Ambassador shall:
  1. Honor the Boll & Branch Shipping & Return Policy (available at https://www.bollandbranch.com/pages/shipping-return-policy/);
  2. Not place orders for the sole purpose of achieving a certain Ambassador Tier, title, rank, incentive, award, or bonus;
  3. Not sell or re-sell any of the Boll & Branch Products, or offer a cash incentive or discount on Boll & Branch Products as a means of promotion; or
  4. Not take any action (or fail to take an action) that is deemed to be unsuitable to Boll & Branch, in its sole and absolute discretion.
8. Rights of Boll & Branch. Boll & Branch reserves the right to preview Brand Ambassador’s Content from time to time upon request and reserves the right to request changes to and/or removal of Content in its sole and absolute discretion. We have the right to monitor your Accounts at all times to ensure that your Accounts comply with the Ambassador Terms, Social Media Guidelines, legal requirements (including, without limitation, the FTC Guides), and any other requirements. We may notify you of any changes to your Content or Accounts that we feel should be made. Without limiting our rights as stated herein, we may terminate your participation in the Program if you do not make any changes to your Account or the Content contained therein that we feel are necessary or appropriate. We reserve the right to terminate your participation in the Program immediately and without notice to you should we suspect that you have committed fraud or otherwise violated the Ambassador Terms or applicable law. If such fraud or abuse is detected, Boll & Branch shall not be liable to you for any Commissions for such fraudulent sales.
9. Location of Sales. To support a standard of fairness for all Brand Ambassadors, you may not, on an ongoing basis, display or sell Boll & Branch Products or literature, or in any other way promote the Boll & Branch Brand Ambassador opportunity or Boll & Branch Products in any retail, wholesale, warehouse, or discount establishment without prior written permission from Boll & Branch. Unless otherwise specified by Boll & Branch, this applies to activities taking place at Boll & Branch’s own retail establishments.
10. Exclusivity. During the term of these Ambassador Terms, Brand Ambassador agrees to not engage in any business or perform any services that are competitive with the business of Boll & Branch or the Program, or that constitute an actual conflict of interest. For the purposes of these Ambassador Terms, the business of Boll & Branch is limited to the online and retail sale of bedding, sheets, pajamas, and other home goods. Brand Ambassador shall promote Boll & Branch and its business and shall not promote any business or ideas that compete or overlap with the business of Boll & Branch.
Content Guidelines.
1. Content Restrictions. You agree and understand that if any Content posted by or associated with you is deemed offensive or inappropriate, that you will be deemed, at the sole discretion of Boll & Branch, ineligible to participate in the Program. You will then be disqualified from receiving any further compensation, recognition, communication, or commission from Boll & Branch. Any Content made by a Brand Ambassador must not:
  1. Make any statements, representations, guarantees, or warranties regarding Boll & Branch Products that are inconsistent with those set forth in Boll & Branch marketing materials (whether with regard to prices, quality, performance, standards, contents, style or model, place of origin, availability, or otherwise);
  2. Contain any misleading or deceptive advertising material regarding Boll & Branch or the Boll & Branch Products;
  3. Contain messages or images inconsistent with the positive images and/or goodwill with which Boll & Branch wishes to associate;
  4. Link to a website that copies, resembles, has the look and feel of or creates the impression that is the Website or any other platform of Boll & Branch;
  5. Read, intercept, record, re-direct, interpret, or fill in the contents of any electronic form or other materials submitted to Boll & Branch by any person or entity;
  6. Contain any promotional coupon, code, or link other than a Trackable Link that is not provided to you by Boll & Branch for the Program, or runs any ad with any of Boll & Branch’s URLs offering Brand Ambassador Commissions;
  7. Violate any law, rule, or regulation, or the intellectual property, publicity, or privacy rights of Boll & Branch or any third party;
  8. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other malicious codes or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
  9. Except as expressly set forth by Boll & Branch in writing, contain any surveys or offer incentives, including, but not limited to, contest entries, sweepstakes, promotions, or prizes; or
  10. Contain or link to or from any postings or other material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender or gender expression, sexual orientation, physical disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is otherwise questionable to Boll & Branch in Boll & Branch’s sole discretion.
2. Advertising. All advertising claims you make about the Boll & Branch Products, and all places where you promote the Boll & Branch Products or place the Trackable Links must be truthful, substantiated, non-misleading, and must not be deceptive. All required disclaimers, including, without limitation, any disclaimers required by the FTC Guides, must be clearly and conspicuously disclosed. Brand Ambassador may not engage in any advertising or marketing practices that are deceptive, misleading, fraudulent, or otherwise objectionable in Boll & Branch’s sole and absolute discretion, including, without limitation, the following:
  1. The alteration or modification of any Boll & Branch Products or packaging, or taking any action that affects or could affect the appearance, quality, content, or performance of any Boll & Branch Products;
  2. Engaging in, promoting, or contributing to any activity, software, technology, or material that attempts to intercept, divert, or redirect traffic to or from any other website, or that diverts Commissions from another website or Brand Ambassador;
  3. Using pop-ups, false or misleading links or cookie stuffing techniques that set the Platform tracking cookie without the End Customer’s knowledge (e.g., iframe);
  4. Using redirects to hide or manipulate where any user’s click originated from;
  5. Failing to include any disclosure relating to endorsements required by the FTC Guides; or
  6. Attempting to mask Trackable Link information.
3. Telemarketing. Brand Ambassadors may not engage in or promote Boll & Branch or the Boll & Branch Products via telemarketing, “spam” advertising, sending unsolicited commercial email, or posting commercial messages to any forum that prohibits such messages. Telemarketing is defined as placing unsolicited telephone calls to individuals with whom a Brand Ambassador does not have an existing personal or business relationship.
Commissions; Qualified Sales; Discounts.
1. Brand Curator Tiers. Each Brand Ambassador will be assigned a Brand Ambassador tier status, Signature, Reserve, or Supima (each, an “Ambassador Tier”), based on the number of orders or dollar amount of sales the Brand Ambassador generates in the calendar year (the “Sales Year”) from that Brand Ambassador’s Qualified Sales. A Brand Ambassador must accumulate the following during the applicable Sales Year to reach the corresponding Ambassador Tier:

Ambassador Tier

# of Orders

Signature

Up to 19

Reserve

Between 20 and 39

Supima

Greater than 40

Boll & Branch will pay Brand Ambassador a percent of each Qualified Sale for sales generated through Content containing the Trackable Link made within seven (7) days following such dissemination (“Commission”). The Commission amount earned by the Brand Ambassador for each Qualified Sale shall be based on the Brand Ambassador’s Ambassador Tier:
1. When a Brand Ambassador in the Silver Ambassador Tier makes a Qualified Sale, the Brand Ambassador will earn 15% of the revenue generated from such Qualified Sale.
2. When a Brand Ambassador in the Gold Ambassador Tier makes a Qualified Sale, the Brand Ambassador will earn 18% of the revenue generated from such Qualified Sale.
3. When a Brand Ambassador in the Platinum Ambassador Tier makes a Qualified Sale, the Brand Ambassador will earn 20% of the revenue generated from such Qualified Sale.
Boll & Branch will pay The Summit Club Members a percent of each Qualified Sale for sales generated through Content containing the Trackable Link made within seven (7) days following such dissemination (“Commission”). The Commission amount earned by the Brand Ambassador for each Qualified Sale shall be based on the Brand Ambassador’s Ambassador Tier:
1. 18% of the revenue generated from such Qualified Sale.
Qualified Sales. To permit accurate tracking and reporting, you must use the Trackable Link we provide to you. All verifications of Trackable Links and determinations of Commission amounts will be made by Boll & Branch in its sole and absolute discretion. You will only earn Commissions for Qualified Sales. Only one Brand Ambassador shall be eligible to receive Commission for each Qualified Sale.
1. For purposes of these Ambassador Terms, “Qualified Sale(s)” are defined as sales of Boll & Branch Products to an End Customer: (1) that are made during the term of these Ambassador Terms; (2) that comply with the Ambassador Terms; (3) that Boll & Branch can verify through the Platform tracking systems were made using your unique Trackable Link; (4) that are made within seven (7) days of the first time the corresponding End Customer clicks on your Trackable Link; (5) that are made on the same device that the End Customer used to click on your unique Trackable Link; [(6) where the cookie placed on the End Customer’s device after the End Customer clicks on your unique Trackable Link is available at the time of the sale]; and (7) that do not result in End Customer return, refund, or chargeback.
2. If an End Customer completes a Qualified Sale after clicking on more than one Brand Ambassador’s Trackable Link, only the Brand Ambassador whose Trackable Link was last clicked by the End Customer prior to the Qualified Sale will receive the corresponding Commission (provided that the End Customer completed the Qualified Sale within seven days of the time he or she first clicked on such Brand Ambassador’s Trackable Link). Otherwise, no Brand Ambassador shall be eligible for Commissions related to such sale.
3. For purposes of these Ambassador Terms, “End Customer” is a third-party natural person (i.e., an individual human being as opposed to an organization or entity otherwise created by operation of law) who engages in a bona fide purchase of Boll & Branch Products for use by such natural person who is not the Brand Ambassador (as determined by Boll & Branch in its sole and absolute discretion).
4. Brand Ambassador Commissions are counted and final numbers are deemed final at the sole discretion and decision of Boll & Branch. Brand Ambassador should clearly advise followers/customers to use the Brand Ambassador’s Trackable Link to purchase Boll & Branch Products in order for Brand Ambassador to receive Commission.
Exclusions. Commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Boll & Branch Product. If a sale is canceled or refunded for any reason, any paid Commission will be deducted from the amount owed to the Brand Ambassador and any subsequent payment. Brand Ambassador will not be paid a Commission on sales or orders that are in delinquent status.
Payout. Earned Commission payments will be calculated on the 15th or the following business day of each month. Payable Commission amounts will be made available in the Platform (“Available Earnings”). Your Available Earnings may be redeemed through PayPal. Boll & Branch also reserves the right to change the dates of the Available Earnings payout. You may redeem your Available Earnings in part or full. If these Ambassador Terms are terminated, you may receive all Available Earnings.
Taxes. You agree that you are responsible for all taxes and fees associated with the Commissions you earn through the Program. If you earn more than a certain amount in Commissions, you may be required to complete certain forms and provide the requested information, including but not limited to, your Social Security Number and/or Federal Employer Identification Number for tax reporting purposes. You understand and agree that if you do not complete and return all forms as requested by Boll & Branch, you will not be eligible to receive Commissions.
Boll & Branch Rights. We reserve the right to exclude certain Boll & Branch Products from the calculation of Commissions, and you agree that you will not be entitled to any Commissions for excluded Boll & Branch Products. We may withhold your Commissions to ensure that all purchases are valid and payments from End Customers are legitimate (as determined by us in our sole and absolute discretion). We will withhold or setoff Commissions, and you will not be paid Commissions for purchases we determine are fraudulent or which result in a customer chargeback, refund, or return. While Boll & Branch makes every reasonable effort to accurately track and pay Commissions for all Brand Ambassador sales, Boll & Branch is not responsible nor shall be held liable for any technical difficulties, outside events, actions by other Brand Ambassadors, or other uncontrollable events that may disrupt or interfere with Boll & Branch’s ability to track sales or pay Commissions.
Excessive Returns. If a Brand Ambassador returns Boll & Branch Products for a refund totaling more than [$500.00 USD] (cumulatively) in any 12-month period, and Boll & Branch reasonably believes that the Brand Ambassador is engaging in abusive return practices and/or manipulating the Program, Boll & Branch reserves the right to terminate the Brand Ambassador from the Program.
No Inventory Requirements. Brand Ambassador is neither required to purchase nor required to carry any amount of inventory of Boll & Branch Products. Brand Ambassadors will receive full credit for all Qualified Sales made by an End Customer, without the need to carry any inventory at all. Falsely representing the sale of Boll & Branch Products shall be grounds for termination.
Gaming or Manipulation of Program. Any attempt to game any Boll & Branch Brand Ambassador Program, including but not limited to use of multiple accounts maintained by a single party or within a single household, using personal orders to achieve certain Ambassador Tiers, manipulating timing of orders, misrepresenting the identity of an enrolling Brand Ambassador or purchasing End Consumer, utilizing misleading or false contact information, and/or placing orders for reasons other than bona fide End Consumer demand may result in significant disciplinary sanctions. These sanctions may include termination of the involved Brand Ambassador(s) and/or recovery of any Commissions/rewards received by the Brand Ambassador.
1. Bonus Buying Prohibited. Boll & Branch prohibits bonus buying and strictly prohibits the purchase of Boll & Branch Products in unreasonable amounts (stockpiling) and prohibits the purchase of Boll & Branch Products only or primarily to qualify or earn Commissions or to achieve a specific rank. Bonus buying is any mechanism or artifice to qualify for Ambassador Tier advancement, incentives, prizes, or Commissions that is not driven by bona fide Qualified Sale by an End Consumer and includes, but is not limited to:
  1. Purchasing products through a nonexistent person or business entity or other artifice;
  2. The purchasing of Boll & Branch Products on behalf of another Brand Ambassador or End Customer using another Brand Ambassador’s Trackable Link to qualify for Commissions; or
  3. Unauthorized use of a credit card by a Brand Ambassador when the Brand Ambassador is not the accountholder of such credit card.
2. Boll & Branch retains the right to limit the amount of Boll & Branch Products a Brand Ambassador may purchase if it believes, in its discretion, that Brand Ambassador has placed orders solely for Commissions or Ambassador Tier purposes. Boll & Branch may revoke an Ambassador Tier advancement if it was earned in violation of these Ambassador Terms.
3. Discounts are redeemable towards purchase(s) of Boll & Branch Products made on the Website. The Discounts are subject to certain product, minimum price exclusions or any other restrictions as may be determined and communicated by Boll & Branch in its sole discretion. Each Discount provided to a Brand Ambassador by Boll & Branch is non-transferable and valid for single use on an item (or items) as determined by Boll & Branch. Discounts may not be combined with any other offer codes or promotional activities, are valid only on full-priced products unless stated otherwise. Discounts will not be honored on any items that are marked as “Closeout” or “Final Sale” unless stated otherwise, and may not be used in conjunction with any other promotional programs that may be issued through our retail partners. For online purchases, the Discount code provided to Brand Ambassador by Boll & Branch must be entered in the ‘discount code’ field at checkout. Discount codes may or may not be valid for use by Brand Ambassadors that elect to finance their purchase through Affirm. Boll & Branch does not accept responsibility for lost, stolen or corrupted Discount codes or any unauthorized use of Discount codes. Discounts cannot be redeemed for cash or any cash equivalent; no substitutions, “rain checks,” or credits allowed. The dollar value of any Discount will not be refunded or credited back if any or all of the Boll & Branch Products are returned which causes the order to no longer meet any restrictions of an offer code used in the transaction. If Discount provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying product. Expiration dates may apply to each Discount. Discounts are void if copied, transferred, sold, exchanged or expired, and where prohibited.
Confidential Information.
1. Boll & Branch may disclose to Brand Ambassador confidential or proprietary information and trade secrets from time to time (collectively, “Confidential Information”). Boll & Branch’s Confidential Information includes, without limitation, all non-public or proprietary information and Boll & Branch Intellectual Property, including, but not limited to specifications, composition and other proprietary information relating to the Boll & Branch Products, sales figures, passwords, customers, names and contact information, event format, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, personal information of employees and agents, sponsorship strategies, relationships with vendors, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, inventions, techniques, marketing and other future plans. You agree to hold all Confidential Information in the strictest confidence and not to disclose the Confidential Information to any third party. You agree that Boll & Branch is (and will remain) the sole and exclusive owner of all right, title and interest in and to the Confidential Information, and all Boll & Branch Intellectual Property. You further agree that you will not and will cause any employees and other agents to not, use Boll & Branch’s Confidential Information for the benefit of anyone other than Boll & Branch. You agree not to use Boll & Branch’s Confidential Information for any purpose except in the performance of your obligations under the Ambassador Terms. The parties each acknowledge that the restrictions in this Section are reasonable efforts of Boll & Branch to protect and maintain the Confidential Information. The obligation of Brand Ambassador regarding confidentiality shall survive for so long as Boll & Branch may, in its sole discretion, consider the Confidential Information to be confidential. Brand Ambassador shall not directly or indirectly utilize Confidential Information in connection with any other business or commercial venture or the marketing or promotion of another company’s products or services. Similarly, Brand Ambassador shall not directly or indirectly utilize Confidential Information to solicit other Brand Ambassadors or customers to join another income-earning opportunity or purchase products or services from another company.
2. Pursuant to 18 USC § 1833(b), an individual may not be held criminally or civilly liable under any federal or state trade secret law for disclosure of a trade secret: (i) made in confidence to a government official, either directly or indirectly, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law; and/or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Additionally, an individual suing an employer for retaliation based on the reporting of a suspected violation of law may disclose a trade secret to his or her attorney and use the trade secret information in the court proceeding, so long as any document containing the trade secret is filed under seal and the individual does not disclose the trade secret except pursuant to court order.
Intellectual Property.
1. Ownership of Boll & Branch Intellectual Property. All Boll & Branch trade names, trademarks, logos, slogans, domain names, trade dress, coupons, hypertext links, promotional codes, designs, works of authorship, and other advertising and marketing material (collectively, the “Boll & Branch Intellectual Property”) is the property of Boll & Branch, and you will not use such Boll & Branch Intellectual Property except in the form provided to you through the Program, and solely for the purpose and in the manner specifically authorized by Boll & Branch.
2. Boll & Branch grants to Brand Ambassador a limited, nonexclusive, non-transferable license to use the Boll & Branch Intellectual Property in Brand Ambassador Content during the term of these Ambassador Terms provided that such use complies with the provisions of the Ambassador Terms or any other policy or guidance provided to Brand Ambassador by Boll & Branch. Any and all use of the Boll & Branch Intellectual Property shall be consistent with the superior quality and image associated with Boll & Branch and the Boll & Branch Products and shall not in any way adversely affect the good name, reputation or image of Boll & Branch and the Boll & Branch Products. Boll & Branch reserves the right to revoke Brand Ambassador’s limited license to use the Boll & Branch Intellectual Property at any time in its sole and absolute discretion.
3. Unless and only to the extent explicitly authorized by Boll & Branch, Brand Ambassador agrees to not:
  1. modify any Boll & Branch Intellectual Property or use any modified or derivative version of any Boll & Branch Intellectual Property.
  2. purchase, use or register any domain name, or any social media profile name, handle, or moniker, that comprises or incorporates any Boll & Branch Intellectual Property or any variations, derivatives or misspellings thereof;
  3. publish, host, or promote any Boll & Branch Intellectual Property or other material that misrepresents your relationship with Boll & Branch or implies that you are an official site, authorized dealer, or otherwise specially connected with Boll & Branch;
  4. publish, host, or promote any press releases, print advertising, or co-branding items that reference Boll & Branch or make use of any Boll & Branch Intellectual Property or any variations or derivatives thereof;
  5. use the Trackable Links or the Boll & Branch Intellectual Property in any manner that disparages or otherwise portrays us, or any of our customers, suppliers, employees, contractors, or representatives in a negative light.
4. Paid Online Advertising. You may not use any Boll & Branch Intellectual Property or any derivatives or variations of such marks, or anything confusingly similar thereto in any effort to direct online traffic to your online presence, Accounts, or Content. Such efforts may include, but are not limited to, paid advertising (e.g. DoubleClick, Adtech, Criterio, etc.), paid search placement, metatagging, domain name registration, redirects, pay-per-click services, and/or Search Engine Optimization (SEO) strategies. On Approved Media, you may promote or “boost” your posts to your existing set of friends/followers/connections, but you may not use advertising, sponsoring, boosting, or other means of driving views to your Account and/or Content that are directed toward general users.
5. Assignment of Rights. By creating any Content, you irrevocably assign to Boll & Branch all right, title, and interest in and to any Content that you create, or to which you contribute, while performing the Services described hereunder, including all intellectual property rights contained therein. By creating and submitting Content to us or publishing or disseminated Content, you represent and warrant that you have the rights to assign such Content to us, and that our use and dissemination of the Content does not violate any law, rule, regulation, or the rights of any third party. For the avoidance of doubt, Boll & Branch may post any and all of the Content on social media outlets (including but not limited to the Approved Media) at its discretion, in perpetuity, at no charge. Boll & Branch may use and/or re-use the Content, alone or with other material, in its sole discretion, without any obligation to give you any credit or remuneration.
6. Right of Publicity. Brand Ambassador acknowledges and agrees that Boll & Branch is expressly authorized to use Brand Ambassador’s name, likeness, voice, signature, photograph, image, distinctive appearance, gestures or mannerisms as part of any Content, such use will not constitute an infringement of any of Brand Ambassador’s rights, and all Brand Ambassador’s rights relating to or embodied in any Content are hereby waived, including the right to inspect or approve the same prior to publication by Boll & Branch.
Term; Termination. These Ambassador Terms shall begin upon submission of your application and shall end when terminated by us or you. Either you or we may terminate these Ambassador Terms and your participation in the Program as a Brand Ambassador at any time, with or without cause. To terminate these Ambassador Terms, you must email curator@bollandranch.com]. We may disable the Trackable Links or terminate your participation in the Program or these Ambassador Terms, or terminate or change the Program or these Ambassador Terms, at any time and for any reason. Upon termination of these Ambassador Terms, you shall immediately stop all use of and delete all Trackable Links, stop using the Boll & Branch Intellectual Property, and stop promoting the Boll & Branch brand and Boll & Branch Products. Notwithstanding the foregoing, any Commissions due to you that accrued to you prior to termination of these Ambassador Terms will be paid to you notwithstanding the termination of these Ambassador Terms, subject to any setoff or deductions arising from your material breach of these Ambassador Terms as determined by Boll & Branch in its sole and absolute discretion. Sections 8 through 17 shall survive the expiration or termination of these Ambassador Terms.
Third Parties. Boll & Branch recognizes that, as an independent contractor, you are available to perform services for entities other than Boll & Branch, subject to Section 5.j herein. You agree to notify Boll & Branch of any other arrangements. Moreover, you warrant and represent that there is no conflict or potential conflict of interest between your performance of Services under the Ambassador Terms and the performance of services under other contracts for services or as an employee of other entities and will ensure that no such conflict arises. Without limiting the foregoing, you agree to promptly notify Boll & Branch if and when you are engaged to perform substantially similar services with respect to a competing brand of products.
Indemnity. Brand Ambassador agrees to indemnify, defend, and hold harmless Boll & Branch LLC, its subsidiaries, and its affiliates, and each of their respective directors, officers, managers, employees, agents, shareholders, partners, members, owners, and assigns (each a “Boll & Branch Indemnified Party”), against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) any alleged failure or breach of these Ambassador Terms by you; (b) any misuse by you (or a party under your reasonable control or obtaining access through you) of the Trackable Links or the Boll & Branch Intellectual Property; (c) your conduct; (d) your violation of any law, rule or regulation; or (e) your infringement of any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.
Limitation of Liability. BOLL & BRANCH WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AMBASSADOR TERMS, IN NO EVENT SHALL BOLL & BRANCH’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE AMBASSADOR TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSIONS PAID TO YOU UNDER THE AMBASSADOR TERMS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Disclaimer. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, PLATFORM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
1. YOUR USE OF THE WEBSITE, THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR PLATFORM, INCLUDING YOUR INVOLVEMENT IN THE PROGRAM, IS AT YOUR OWN RISK. THE PROGRAM, THE WEBSITE, THE PLATFORM, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BOLL & BRANCH NOR ANY PERSON ASSOCIATED WITH BOLL & BRANCH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM, WEBSITE, OR BOLL & BRANCH PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER BOLL & BRANCH NOR ANYONE ASSOCIATED WITH BOLL & BRANCH REPRESENTS OR WARRANTS THAT THE PROGRAM, THE WEBSITE, THE PLATFORM, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM, WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
2. BOLL & BRANCH HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Modification. Boll & Branch reserves the right to change, modify, or terminate the Ambassador Terms, the Program, or any policy pertaining to the Program, at any time, for any reason, including its right to discontinue or change the Ambassador Tiers. If Boll & Branch elects to terminate or modify in a material way the Program, the Ambassador Terms, or any benefits or policies of the Program, Boll & Branch will provide a notice of the material modification or termination by posting the modifications or notice of termination to the Website and updating the Last Updated date. We may also attempt to notify you in other ways. Any modifications will become effective immediately after such posting or other such notification. We encourage you to review these Ambassador Terms regularly for modifications. If you continue to receive the benefits of the Ambassador Terms after the end of the notice period of the change, you will be considered to have accepted the changes. You may not modify the Ambassador Terms by making any typed, handwritten, or any other changes to them for any purpose.
Governing Law; Disputes.
1. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE CLAIMS WITH BOLL & BRANCH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
2. Any dispute, claim or controversy of any nature, including tort and statutory claims, among the parties in any way arising out of or relating to these Ambassador Terms, data privacy, data security, the Program, and/or Commission (“Dispute”) shall be finally resolved by and through binding arbitration in accordance with the Federal Arbitration Act to the exclusion of any other Federal, state or municipal law of arbitration administered by the American Arbitration Association (“AAA”) by a sole arbitrator or in small claims court. If you are an individual, then the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for consumer Related Disputes then in effect will apply. If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA’s Commercial Rules then in effect. The AAA rules are available at www.adr.org. Notwithstanding the foregoing, in any conflict between the AAA’s rules and these Ambassador Terms, the Ambassador Terms will govern. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
3. For any Dispute, the place of Arbitration shall be in Union County, New Jersey.
4. The cost of the arbitration proceeding, including, without limitation, each party's attorneys' fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.
5. WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND BOLL & BRANCH EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
6. RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. ANY DISPUTES YOU MAY HAVE AGAINST BOLL & BRANCH OR ANY BOLL & BRANCH INDEMNIFIED PARTY, AND ANY OF THEIR AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, YOU HEREBY AGREE TO BIFURCATE AND ARBITRATE AGAINST THEM INDIVIDUALLY IN UNION COUNTY, NEW JERSEY. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND BOLL & BRANCH AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND ANY BOLL & BRANCH INDEMNIFIED PARTY AND THEIR AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS. FURTHER, YOU WILL NOT HAVE THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
7. THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE AND FEDERAL COURTS LOCATED IN UNION COUNTY, NEW JERSEY.
8. WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION 16 BE STRICKEN FROM THESE TERMS OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION 16 (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THESE AMBASSADOR TERMS AND ANY AND ALL DISPUTES SHALL PROCEED IN THE STATE AND FEDERAL COURTS LOCATED IN UNION COUNTY, NEW JERSEY AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT.
9. Time Period to Assert Claims. If Boll & Branch or Brand Ambassador wishes to bring an action against the other for any act, occurrence, or omission relating to or arising from these Ambassador Terms, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims for such act or omission. Brand Ambassador and Boll & Branch waive all claims that any other statute of limitations applies.
Miscellaneous.
1. Independent Contractor. You agree that you are an independent contractor, and nothing in these Ambassador Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Boll & Branch. You agree not to make any statement or take any action that is inconsistent with this relationship.
2. Waiver and Severability. No waiver by us of any term or condition set forth in these Ambassador Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Ambassador Terms shall not constitute a waiver of such right or provision. In the event that any or any part of the Ambassador Terms contained in these Ambassador Terms shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such Ambassador Terms shall to that extent be severed from the remaining Ambassador Terms which shall continue to be valid and enforceable to the fullest extent permitted by the applicable law.
3. Entire Agreement. These Ambassador Terms and any document incorporated into them by reference, including, without limitation, the FTC Guides, Social Media Guidelines, Terms of Use and the Privacy Notice, constitute the sole and entire agreement between you and Boll & Branch with respect to the Program and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Program.
4. Assignability. You may not assign these Ambassador Terms, or any of its rights or obligations hereunder, without the prior written consent of Boll & Branch in the form of a written instrument signed by a duly authorized representative of Boll & Branch. We may freely assign these Ambassador Terms without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, these Ambassador Terms are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
5. Force Majeure. We will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, epidemic, pandemic, national health emergencies, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations, or restrictions imposed by law, or any other similar conditions beyond the reasonable control of such party.
6. Consent to Electronic Records. In connection with these Ambassador Terms, you may be entitled to receive certain records from us or our affiliates, such as contracts, notices, and communications, in writing. To facilitate your participation in the Program, you give us permission to provide these records to you electronically instead of in paper form.
7. Governing Law. Your participation in the Program and the operation of these Ambassador Terms, shall be governed in accordance with the laws of the State of Delaware, without regard to conflict of law provisions other than those that would permit the application of Delaware law.

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