Ambassador Program Terms

THE BRUERY AMBASSADOR PROGRAM AGREEMENT

IMPORTANT: THIS AMBASSADOR PROGRAM AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND CLASS ACTIONS.

PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

BY SUBMITTING AN APPLICATION FOR THE BRUERY AMBASSADOR PROGRAM, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN.

This The Bruery Ambassador Program Agreement (the “Agreement”) is a legally enforceable contract between you (the “Brand Ambassador,” “you,” or similar terms) and The Bruery (“us,” “we,” or similar terms). This Agreement governs your participation in the The Bruery Ambassador Program (the “Program”). Participation in the Program is contingent upon your acceptance of this Agreement without modification. By registering for the Program, you agree to abide by this Agreement.

  1. Overview of the Program
  2. The Program allows you to monetize your user-generated content on social media by promoting a personalized The Bruery Ambassador coupon code (your “Code”) on your social media profiles (your “Profiles”). When customers use your Code to purchase eligible products from www.thebruery.com (the “The Bruery Site”), you will earn a commission on “Qualifying Purchases,” as defined in Section III below.
  3. We reserve the right to modify the terms of this Agreement. We may also entirely replace these terms if there are significant changes to the Program, including its termination or integration with another program. If you disagree with any modifications, you may terminate your participation in the Program. CONTINUED PARTICIPATION IN THE PROGRAM AFTER ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF SUCH MODIFICATIONS. IF YOU FIND ANY MODIFICATION UNACCEPTABLE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION.
  4. You and we are independent contractors. This Agreement does not create a partnership, joint venture, agency, franchise, or employment relationship between you and us. You do not have the authority to make any offers or representations on our behalf.
  5. You agree to ensure that all information provided in your Program application, including your email address and other contact details, is complete, accurate, and updated as necessary. Notifications and communications regarding the Program will be sent to the email address linked to your Program account, and you are deemed to have received all communications sent to that address, even if it is outdated.
  6. To update your information, contact us at: info@thebruery.com or access your Program portal at https://buzzbassadorapp.com/member-login.
  7. Eligibility for Participation & Prohibited Activities
  8. You must be at least 18 years old.
  9. You must maintain an active PayPal account.
  10. Your compliance with this Agreement is necessary to participate in the Program and earn Commissions (as defined in Section III(a)).
  11. You must promptly provide any information we request to verify your adherence to this Agreement.
  12. Payments made under this Agreement are contingent upon your verification and delivery of the original documentation required under applicable U.S. law, including proof of identity and legal authorization to work in the United States. Until we receive satisfactory documentation, you will not be entitled to any compensation.
  13. You are expected to be respectful and courteous to all other Brand Ambassadors and our representatives.
  14. Your Code is intended solely for posting on your Profiles. Participation in the Program does not authorize you to sell The Bruery products at any events unless explicitly permitted by us.
  15. Your Code currently provides a 20% discount to users, which may change at our discretion.
  16. You must not comment with your Code on any The Bruery social media posts or channels.
  17. Posting your Code in comments on posts from wholesale accounts or retailers is prohibited.
  18. You are not permitted to enter retail establishments selling The Bruery products to share your Code.
  19. Posting your Code on coupon websites is strictly forbidden and will be treated as a violation of this Agreement.
  20. The goal of the Program is to attract new clients and promote the The Bruery brand.
  21. Breaches of this Agreement may result in the forfeiture of any Commissions owed to you, along with potential legal remedies.

III. Commissions on Qualifying Purchases

  1. You will earn a commission of no less than 10% of the net price paid by the customer and received by us, after applicable discounts, taxes, and shipping fees, on all Qualifying Purchases (your “Commission”). A “Qualifying Purchase” occurs when (i) a customer uses your Code to buy eligible products from the The Bruery Site; and (ii) the payment is successfully processed.
  2. For example, if a customer uses your Code on a product priced at $100 and receives a 20% discount, the amount you would earn from that transaction would be calculated based on the final sale price of the item only at $80, and will not include a cut of any taxes or shipping charges.
  3. We may occasionally incentivize Brand Ambassadors with increased commission rates for specific promotional periods.
  4. We reserve the right to adjust commission rates at our discretion, at any time and for any reason.
  5. Commissions will not be paid for Qualifying Purchases that occur in violation of this Agreement, after your Agreement has been terminated, or when orders are canceled, returned, or refunded.
  6. We will make reasonable efforts to accurately track Qualifying Purchases for the purpose of calculating and distributing Commissions. We may hold Commissions for a reasonable period after termination of this Agreement to ensure accurate payment.
  7. Commissions will be paid in U.S. Dollars via PayPal or Tremendous approximately thirty (30) days after the end of each calendar month in which they were earned. You are responsible for any applicable payment processing fees (ex. from PayPal, Tremendous or ACH transfer payouts) and taxes. 
  8. If you receive any excess payment for any reason, we reserve the right to deduct or offset this amount against future payments owed to you.
  9. Taxes

We may deduct or withhold any taxes from amounts payable to you under this Agreement as legally required. We may request tax information, and failure to provide such information may result in withholding any amounts otherwise due to you.

  1. Customer Relations

You acknowledge that our customers do not become your customers through your participation in the Program. You agree not to interact with our customers, and if they contact you regarding The Bruery matters, you must direct them to the contact information provided on the The Bruery Site.

  1. Warranties

You represent and warrant that (a) your participation in the Program will comply with this Agreement, (b) your Profiles will not violate applicable laws or regulations, (c) you have the legal capacity to enter into contracts, (d) you have evaluated the desirability of participation in the Program without relying on any representations not expressly included in this Agreement, and (e) all information provided is accurate and complete at all times.

VII. Identifying Yourself as a The Bruery Ambassador

Aside from the Disclosure, you will not make any public statements regarding this Agreement or your participation in the Program without our prior written consent. You will not misrepresent your relationship with us or imply that we endorse you or any of your activities.

VIII. Term and Termination

  1. This Agreement will commence upon your application submission. Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party.
  2. You may send termination notices to: info@thebruery.com.
  3. We may terminate this Agreement immediately upon written notice for reasons including, but not limited to: (a) breach of this Agreement, (b) potential claims or liability related to your participation, (c) actions that may harm our brand reputation, (d) involvement in deceptive or fraudulent activity, or (e) prior termination of this Agreement with respect to you or your affiliates.
  4. Upon termination, all rights and obligations will cease, except for those outlined in Sections II, IV, V, VI, VII, VIII, IX, X, and XI, which will survive termination. Termination does not absolve you of liability for any breaches occurring prior to termination.
  5. Disclaimers

THE PROGRAM, THE BRUERY SITE, AND ALL ASSOCIATED PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We may discontinue any Service Offerings at our discretion.

  1. Limitations on Liability

Our liability under this Agreement will not exceed the total amount of Commissions earned by you in the twelve (12) months preceding your claim. We will not be liable for indirect, incidental, or consequential damages, including loss of profits or goodwill.

  1. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless us, our affiliates, and our respective employees and representatives from any claims or damages arising from your participation in the Program.

XII. Agreement to Arbitrate / Dispute Resolution

  1. You agree to attempt to resolve disputes informally by providing a written Notice of Dispute.
  2. If a dispute is not resolved within thirty (30) days, you and we agree to submit the dispute to binding arbitration.
  3. The arbitration will be conducted by an arbitration organization of The Bruery's choosing under its rules, and all arbitration proceedings will occur in California.
  4. Each party will be responsible for its own legal fees unless otherwise directed by the arbitrator. The arbitration may award damages and remedies consistent with this Agreement.
  5. Class actions, class arbitrations, or representative actions are not permitted.

XIII. Miscellaneous

This Agreement encompasses the entire understanding between you and us regarding the Program, superseding any previous agreements. You may not assign this Agreement without our prior written consent. Any confidential information exchanged in connection with the Program will remain the property of the disclosing party.

Updated: 9-27-2024