Brand Advocate Application

This policy was last modified on February 22, 2019.

Our brand advocate contract term is from 30 - 90 days. To be an authorized advocate of Candid Tea, you agree to abide by the terms and conditions contained in this agreement.

Please read this agreement carefully before applying and confirming your participation in the Candid Tea brand advocate program. By signing up for the Candid Tea advocate program, you indicate your acceptance of this agreement and its terms and conditions.

I. ADVOCATE AGREEMENT

This Agreement contains the complete terms and conditions that apply to you becoming an advocate in Candid Tea's Brand Advocate Program. The purpose of this Agreement is to outline the guidelines that must be followed in order to participate in Candid Tea’s Brand Advocate Program. Please note that throughout this Agreement, "we," "us," and "our" refer to Candid Tea, and "you," "your," and "yours" refer to the advocate.

II. ADVOCATE OBLIGATIONS

To begin the enrollment process, you will complete and submit the online application. We may reject your application at our sole discretion. We may terminate your contract if we determine that the information you’re providing is unsuitable for our program. Do not upload, post, email, transmit, or otherwise make available any content that infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech; or discloses any sensitive information about another person.

As a member of the Candid Tea Brand Advocate Program, you will be provided a personal discount code. In order for us to accurately keep track of all guest purchases that come from your personal code, you must use your personal code throughout your contract term.

Candid Tea reserves the right, at any time, to review your placement and approve the use of Your Promotional Materials/Information and require that you change the placement or use to comply with the guidelines provided to you.

The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.

III. CANDID TEA RIGHTS & OBLIGATIONS

We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify you further of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Candid Tea Brand Advocate Program.

Candid Tea reserves the right to terminate this Agreement and your participation in the Candid Tea Brand Advocate Program immediately and without notice to you should you commit fraud in your use of the Candid Tea Brand Advocate Program or should you abuse this program in any way. If such fraud or abuse is detected, Candid Tea shall not be liable to you for any earned store credit for such fraudulent sales.

This Agreement will begin upon our acceptance of your advocate application, and will continue unless terminated hereunder.

IV. MODIFICATION

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Advocate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Candid Tea Brand Advocate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

V. PROMOTION RESTRICTIONS

You are free to promote your own web sites, but naturally any promotion that mentions Candid Tea could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Candid Tea. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Candid Tea so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Candid Tea so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Candid Tea. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in our Brand Advocate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

VI. GRANT OF LICENSES

We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing with Candid Tea’s Brand Advocate Program. You agree that all uses of the Licensed Materials will be on behalf of candidtea.com.

Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

VII. DISCLAIMER

This site and all contents of the site are provided on an 'as is' basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Candid Tea shall not be liable for any damages of any kind related to your use of this site.

VIII. REPRESENTATIONS & WARRANTIES

You represent and warrant that:

This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

IX. LIMITATION OF LIABILITY

Candid Tea will not be liable for lost profits, loss of business, or other consequential, special, incidental, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party, except as expressly provided herein. To the full extent permitted by law, Candid Tea’s liability shall be limited to the amount actually paid for the purchase of products from this site. Some states do not allow the exclusion or limitation of certain damages, So the above limitation or exclusion may not apply to you.

X. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Candid Tea, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any User Content or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites.

XI. CONFIDENTIALITY

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

XII. MISCELLANEOUS

You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and candidtea.com. 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 social media platforms, that reasonably would contradict anything in this Section.

Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Maryland without regard to the conflicts of laws and principles thereof.

You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

XIII. TERMINATION

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.