LIFX

LIFX Ambassador Terms and Conditions

BRAND AMBASSADOR AGREEMENT

This Brand Ambassador Agreement (“Agreement”) describes the terms and conditions for participation in the Brand Ambassador Program (“Program”). The terms "Brand Ambassador," "you," and "your" are referring to you, the applicant. "We," “us,” “our” and "LIFX" refer to LIFX, Inc.

By submitting your Brand Ambassador Program Application, you: (i) acknowledge that you have read, understand, and agree to be bound by this Agreement, including the Terms of Use located at http://www.lifx.com/pages/legals#terms and the LIFX privacy policy located at http://www.lifx.com/pages/legals#privacy (the “Privacy Policy”); (ii) represent that you have the authority to enter into this Agreement (including all of the terms and conditions specified or referenced below, including the Terms and Privacy Policy); (iii) represent that you are eligible to enter into this Agreement pursuant to the eligibility requirements below; and (iv) agree that you are entering into this Agreement (including all of the terms and conditions specified or referenced below, including the Privacy Policy) with LIFX. If you do not agree to all of the terms and conditions of this Agreement, or you do not meet the eligibility requirements, you should not continue the application process.

This Agreement is a part of and incorporated into the Terms.  If any provision of this Agreement is inconsistent or conflicts with any provision in the Terms, this Agreement will control solely with respect to the subject matter hereof.  Capitalized terms used in this Agreement and not defined herein have the meanings first given to them in the Terms.  


ELIGIBILITY TO PARTICIPATE

You must be at least eighteen (18) years of age or older to participate in the Program.  By submitting and Program application to us you affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into, abide, and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.  If for any reason, we, in our sole discretion, believe you do not meet the eligibility requirements set forth above, we reserve the right, without provision of any notice to you to terminate your participation in the Program and this Agreement.  If you do not meet the eligibility requirements as set forth above, we have no obligations to you under this Agreement.  


CONDITIONAL ACCEPTANCE INTO BRAND AMBASSADOR PROGRAM

Acceptance into the LIFX Brand Ambassador is based upon our acceptance of your Program application. Space in the Program is limited and not guaranteed. Upon submitting your application via the http://www.lifx.com/pages/ambassador page, it will be reviewed by internal staff to determine the appropriate brand fit. We will take into account many factors and reserve full discretion to accept or deny candidates. Those not accepted will be notified.


WEBSITE AND WEB PRESENCE RESTRICTIONS

LIFX reserves the right not to accept any Individual into the Brand Ambassador Program based on website or web presence content. Individuals that Do Not Qualify for the Brand Ambassador Program include individuals or web presence that are:


If denied, you must wait sixty (60) days from your notice of denial before applying again. Failure to wait the stated number of days may result in a permanent ban from participation in this or any other LIFX program in the future.


IF SELECTED

Brand Ambassadors will be sent one (1) LIFX bulb of the company’s choosing depending on your location and compatibility in exchange for a minimum of six (6) pieces of approved original digital content featuring LIFX.

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Brand Ambassadors also agree to follow the guidelines stated below in regards to the types of restrictions around posting found below under “WEBSITE AND WEB PRESENCE RESTRICTIONS.”


Brand Ambassadors will also be eligible to have themselves and their individual brands highlighted through our weekly newsletter and other campaigns. Currently, this is only available to Individuals. We cannot at this time extend this offer to brands or companies at this time. LIFX maintains final and complete discretion over the merits of whether a submission is too closely linked to brand or company.


Brand Ambassadors consent to being contacted by LIFX about additional opportunities. These opportunities may be presented from time to time and preferential access may be given to the Brand Ambassadors. Any opportunities will be sent to the existing community of Ambassadors using the contact information provided.


CONTENT OWNERSHIP

The Brand Ambassador will maintain all copyrights to their original work. By participating in the Brand Ambassador program Brand Ambassadors you grant us an irrevocable, unrestricted, royalty-free and perpetual worldwide license to use, modify, adapt, translate, transmit, sell, store, display, perform, create derivative works from, distribute, and promote all such content, without any limitations, including, the use of content for commercial, promotional, or any other purpose whatsoever.

In addition, you grant a perpetual license to LIFX to use your, name, face, and/or likeness in a commercial context in accordance with the guidelines and content created for the program.


Before you submit any content through the Program, you represent and warrant that: (i) you have all the necessary rights and licenses to the content; (ii) your content will be free of any claims by any third party and should not violate any copyrights or other legal rights of any other person or entity, including the right to privacy; and (iii) your content will not violate any applicable laws or regulations.


RELEASE

You, on behalf of you and your heirs, successors and assigns, hereby release and forever discharge us, and our directors, officers, employees, contractors, agents, successors, and assigns, from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, property damage, libel, defamation, invasion of privacy or right of publicity, infringement of copyright), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, this Agreement, the Program, any utilization of the rights granted to LIFX in your content, or based upon any failure or omission to make use of such rights.  YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY LAW OR LEGAL PRINCIPLE OF SIMILAR EFFECT IN ANY JURISDICTION WORLDWIDE) IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”


All content created referencing or incorporating LIFX or LIFX’s light should be sent in high resolution format to ambassador@lifx.co


AGREEMENT DURATION

This Agreement will begin upon our acceptance of your Brand Ambassador application and will end when terminated by either party.


Either party may terminate this Agreement, with or without cause, by giving the other party written notice of termination. Written notice includes, mail, email, or any other notice deemed to be sufficient between parties.


LIFX may discontinue the LIFX Brand Ambassador program at any time.


MODIFICATION

By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of Program rules. If we make material changes to this Agreement, we will notify you by posting the revised Agreement on our website or by notifying you at your designated email address as specified in your Program application.  If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. If you continue participation in the program following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.


SPAM (UCE)

Unsolicited Commercial E-mail - LIFX in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Brand Ambassadors are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Brand Ambassador Program.


DISCLAIMER

We make no express or implied warranties or representations with respect to the Brand Ambassador Program or your potential to earn income from the Brand Ambassador Program. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.


This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in San Francisco, CA and you irrevocably consent to the jurisdiction of such courts. 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 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. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or use of the LIFX Service or LIFX Lightbulbs shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator[s] may be entered in any court having jurisdiction thereof.


By submitting this Brand Ambassador Registration form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.


CONFIDENTIALITY

Brand Ambassador covenants and agrees that he or she will not disseminate, reveal, or otherwise make available to others, or use for his or his or her own purposes, any information of a proprietary or confidential nature concerning LIFX learned by Brand Ambassador in the course of fulfilling these Terms and Conditions.


MISCELLANEOUS TERMS

Potential Brand Ambassador understands and agree that by becoming an Brand Ambassador, the opportunity shall not be deemed to create an employment, partnership, or joint venture between LIFX and any Brand Ambassador.