Please read these terms and conditions ("Agreement") carefully before you submit an application for the Ambassador Program ("Program"). This Agreement is entered into by and between you ("you" or "Ambassador") and Cider (SG) Holding PTE. LTD. ( "we", "us", "our" or "Cider"), the owner of [object Object] ("Website"). The purpose of the Program is to promote the bona fide sale of products ("Products") from the Website by End Customers (hereinafter defined).
Please read the following terms carefully:
BY CLICKING "Submit Application" YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR PARTICIPATION IN THE PROGRAM, YOU AGREE TO BE BOUND BY, THIS AGREEMENT, INCLUDING CIDER'S PRIVACY POLICY, THE TERMS OF SERVICE (LOCATED AT [object Object] AND [object Object]) (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE CIDER'S PERMISSION TO PARTICIPATE IN THE PROGRAM. THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND CIDER.
By applying or participating in the Program, you are making a statement,upon which we are entitled to rely,that you have reached the age of majority in the jurisdiction in which you reside and are capable of forming a legally binding contract. We do not intend the Website to be viewed or used by individuals under the age of majority without the supervision of a parent or guardian who agrees to be bound by these Terms.
Your participation in the Program is expressly conditioned upon your compliance with the Terms and with all present and future terms, regulations, policies and procedures that we may, in our discretion, adopt from time-to-time. You will be given notice of any changes to the Terms and given the right to opt out in the event you do not agree to accept such changes.
We reserve the right to suspend or terminate this Agreement, modify the Terms or the Program, withhold payments, and take any other action we believe is necessary or appropriate to protect the interests of Cider, at any time, in our sole discretion; provided, however, that if we terminate this Agreement for a reason other than your breach of this Agreement or any other Terms, then you will be paid all Commissions due you through the date of termination as set forth in this Agreement.
For any inquiries or issues related to our products and services, please contact us by email at [object Object].
You are required to complete and submit an application on the Website to be considered for participation as an Ambassador (the "Ambassador Application"). You must promptly notify us of any changes to your application or contact information. This Agreement shall become effective upon our acceptance of your Ambassador Application, as determined in our sole and absolute discretion (the "Effective Date").
Your Ambassador Application must include all websites and/or social media accounts that you intend to utilize in connection with the Program, and participation is limited to those explicitly specified in your application or subsequently approved by us in writing.
We will plan, organize, market, promote, conduct and evaluate the Program, and provide such other related services as detailed in this Agreement. The Parties may mutually agree upon minor material alterations to the Program such as posting dates, number of posts, etc. via email. All other material alterations will require an addendum or amendment to be agreed upon between the Parties. We will conduct the foregoing services in a professional manner, consistent with industry standards and in compliance with all applicable laws, rules and regulations.
1. You are solely responsible for creating, posting, and maintaining all materials used to advertise and promote our brands and Products, including linking to the Websites via the Trackable Links (collectively, the "Ambassador Advertising Materials"). You assume full responsibility for the accuracy and compliance of all Ambassador Advertising Materials and warrant that such materials do not violate any applicable laws, rules, regulations, or infringe upon the rights of any third party.
2. You agree to use the Trackable Links solely as provided by us and shall not alter, manipulate, or modify such links in any manner. All domains, websites, and social media profiles utilizing the Trackable Links must be explicitly listed in your Ambassador Application and approved by us in writing prior to use.
3. You agree to comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to the Federal Trade Commission Act, the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, and any relevant guidance issued by the FTC. Additionally, you agree to adhere to all instructions, guidelines, and policies provided by us, including the Cider Ambassador Guidelines set forth in Annex A (the "Guidelines"). You acknowledge and agree that we may monitor your compliance with this Guidelines.
4. All advertising claims made about our Products, as well as all platforms where you promote the Products or place the Trackable Links, must be truthful, substantiated, non-misleading, and non-deceptive. Any required disclaimers must be clearly and conspicuously disclosed.
5. You shall not use pop-ups, false or misleading links, cookie stuffing techniques, or any other method designed to set affiliate tracking cookies without the referred customer's knowledge. You shall not mask or manipulate referring URL information or use redirects to obscure the origin of user clicks.
6. You agree to comply with the terms and conditions of any third-party website or platform where you promote the Products or place the Trackable Links.
7. Except as expressly authorized by us in writing, you shall not use surveys, incentives, rewards, cash, contest entries, sweepstakes, promotions, or prizes to encourage consumer responses to your advertisements.
8. Your Ambassador Advertising Materials must not:
9. If, in our sole discretion, we determine that any of your Ambassador Advertising Materials violate this Agreement, or if we are dissatisfied with the content or performance of your role as an Ambassador,we reserve the right to require you to revise or remove such materials. You must promptly revise or remove such materials, but in no event later than twenty-four (24) hours after receiving notice from us. Failure to comply with such requests may result in the termination of your participation in the Program. Additionally, we reserve the right to forfeit and withdraw any commissions generated through your promotional activities, including but not limited to orders already processed or pending fulfillment. Such actions will be taken at our sole discretion and without prior notice. Ambassador Advertising Materials removed from the Program may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations and our Terms. We encourage you to maintain your own backup of your Ambassador Advertising Materials. We will not be liable to you for any modification, suspension, or discontinuation of the Program, or the loss of any Ambassador Advertising Materials.
1. By participating in the Program, you hereby grant us a non-exclusive, royalty-free, worldwide, irrevocable, sub-licensable, and transferable license to use, reproduce, modify, adapt, distribute, publicly display, publicly perform, and create derivative works of any social media content (including but not limited to images, videos, captions, tags, and other materials) created by you in connection with the Program (collectively, the "Content") . The license shall remain in effect for a period of six (6) months from the date the Content is created, unless otherwise agreed in writing by the Parties. Additionally, this license includes the right to (a) develop, manufacture, distribute, and sell Cider's Products to its customers, as well as to advertise, market, publicize, and (b) promote Cider's App, online shops, and/or Products through all media now known and hereinafter created, including print, television, online, and mobile platforms (collectively, "Advertise"), and (c) create content or materials to Advertise the Property and/or Products, and content or materials created or disseminated by bloggers and/or Ambassadors.
2. Upon your being accepted as our Ambassador,we hereby grant to you a non-exclusive, non-sublicensable, non-transferrable, and revocable license during the Program to use our trademarks, copyright work and/or other intellectual property right ("Cider's Licensed Work") solely in connection with authorized marketing and promotion of Purpose in accordance with this Agreement. You shall strictly comply with all guidelines and instructions provided by us which may be updated from time to time and include rules concerning the use of Cider's Licensed Work.
3. Use of Likeness. You hereby grant us a royalty free, non-exclusive, non-revocable, sub-licensable, and transferrable license during the Term to use your names (including real name, stage name, nickname, etc.), and any images or logos identifiable as you such as its portraits, photos and images, and etc. for promotion, re-creation and any other commercial purposes, regardless profit-making or not.
1. The Content and Terms of this Agreement are strictly confidential and will not be disclosed to parties outside the Parties, except as required by operation of law. During the Program, you may receive, have access to and create documents, records and information of a confidential and proprietary nature pertaining to us and our customers. You acknowledge and agree that such information is an asset of ours or our clients, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of ours and our clients must be kept strictly confidential and used for the purposes of performing your duties under this Agreement. You agree that you will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of us or as otherwise directed by us in the Program of your performance of services under this Agreement, and thereafter only with the written permission of us.
2. You agree that you will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of us or as otherwise directed by us in the Program of your performance of services under this Agreement, and thereafter only with the written permission of us.
1. Commission payments will be calculated on a daily basis for orders that have been placed but not yet finalized ("Opened Commissions"). Opened Commissions represent potential earnings that are subject to change based on order completion status. Commissions will be confirmed and marked as "Completed" (as defined below) only after an order is finalized and no longer eligible for returns or refunds ("Closed Commissions"). An order will be considered Completed only if:
Opened Commissions typically convert to Closed Commissions within 45 days of the order being Completed.
2. Closed Commissions will be reflected as "Available Earnings" in your Ambassador Dashboard on the Websites and App.You may only redeem your Available Earnings if the total amount reaches or exceeds $30 USD on the App or Website. Available Earnings will not be combined across multiple Accounts for redemption purposes.Available Earnings may be redeemed in part or in full for cash payments via PayPal. To receive cash payments, you must maintain an active PayPal account.If this Agreement is terminated, you may redeem all Available Earnings, regardless of whether the $30 threshold has been met.
3. You shall solely be responsible for all taxes, fees, and other obligations associated with the Commissions earned under this Agreement. Commissions and payments with respect to your performing your obligations under this Agreement will be subject to the Commissions and Payments Terms. If any amount of the Commissions is subject to withholding tax by the relevant tax authority in Singapore, and such tax is required to be withheld from the payment to you, we shall be entitled to deduct from the Commissions any such amount required to be withheld prior to payment to you. The balance of the payment less the sum deducted as aforesaid shall be paid to you in accordance with this Agreement. We will pay such Tax to the relevant tax authority and then provide you with a receipt, or other document that evidences the receipt by the relevant tax authority of such payment.
Parties represent and warrant to each other that each party is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between any third party, you further represent and warrant to us that:
1. You are over 18 years old and have the ability to enter into this Agreement according to local law;
2. You own all rights to the Content, including any copyright relating thereto;
3. Your execution of this Agreement and the grant of rights herein will not conflict with any other contract to which you are a party;
4. Your execution of this Agreement will not violate any intellectual property rights or rights of any third party including but not limited to the photographer/videographer;
5. You will comply with all applicable laws, rules and regulations regarding the Content;
6. You must only use music, images, video clips, and other media for which they have obtained the necessary rights and permissions in compliance with all laws and regulations, such as FTC Guidelines.
The endorsement must reflect the honest opinion of you and can't be used to make a claim that our Product marketer couldn't legally make.
You agree that in the event that you violate Article 3, 4, 7 and Guidelines in Annex A or otherwise commits a breach of any your obligations set forth in this Agreement and Terms that is determined to be material in accordance with the applicable laws (each, a "Material Breach"), this may result in material loss and damages incurred or suffered by us which may not be quantifiable in consideration of the nature of us and our affiliates' business and the Parties' exclusive relationship.
We will have the right at any time to immediately terminate this Agreement in its entirety by giving you notice of termination upon the occurrence of one or more of the following events, none of which may be cured:
1. You commit any criminal act or other act involving moral turpitude, drugs, or felonious activities.
2. You commit any act or become involved in any situation or occurrence which brings you into public disrepute, contempt, scandal, or ridicule, or which shocks or offends the community or any group or class thereof, or which reflects unfavorably upon us or reduces the commercial value of our association with you;
3. Information becomes public about how you have so conducted yourself as in (a) or (b) in the past;
4. You take any action (other than legal action or arbitration arising out of this Contract) or make unauthorized statements in derogation of Cider or its products and such actions or statements become public during the Term;
Your conduct any Material Breach in our sole discretion.
We may disable the Trackable Links or terminate your participation in the Program or this Agreement, or terminate or change the Program or this Agreement, at any time and for any reason.
Upon termination of this Agreement, you shall immediately stop all use of and delete all Trackable Links, stop using Cider's Licensed Work, and stop promoting our Products and services. Notwithstanding the foregoing, any Commissions due to you that accrued to you prior to termination of this Agreement will be paid to you notwithstanding the termination of this Agreement, subject to any setoff or deductions arising from your material breach of this Agreement or any Terms.
Each Party will indemnify, defend, and hold harmless the other Party and its affiliates, directors, officers, and employees from and against all taxes, losses, damages, liabilities, costs, and expenses, including attorney's fees and other legal expenses, arising directly or indirectly from or in connection with obligations and performance in the Program under this Agreement.
DISCLAIMER OF CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, WE WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, BE LIABLE TO INFLUENCER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR FOR ANY LOST REVENUES, PROFITS OR LOSS OF BUSINESS, EVEN IF WE ARE APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
CAP ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY IN RESPECT OF ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED US$1,000.
This Agreement shall be governed by and construed in accordance with the laws of Singapore, excluding conflict of rules. Any dispute arising from or related to this Agreement shall be settled by both Parties through friendly negotiation; in case that negotiation fails within 30 days from negotiation, such dispute shall be submitted to and finally resolved by Singapore International Arbitration Center in accordance with its arbitration rules in force at the time of applying for arbitration. The seat of the arbitration shall be Singapore. The language of the arbitration shall be in English. An arbitration tribunal comprising of one arbitrator.
Neither party shall be liable to the other for any failure of or delay in performance hereunder to the extent that its obligations are prevented by events or occurrences beyond its reasonable control ("Force Majeure"), such as, but not limited to: acts of God, war, specific threat of war, government retaliation against domestic or foreign enemies, government regulation or travel advisory, disasters, fire, earthquakes, accidents or other casualty, strikes or specific threat of strikes, pandemic, epidemic, civil disorder, terrorist acts and/or specific threat of terrorism, acts of domestic or foreign enemies, curtailment of transportation services preventing some or all of necessary participants from attending, nuclear hazard or a similar intervening cause beyond the reasonable control of either party making it illegal, impossible or commercially impracticable to perform or met the obligations outlined in this Agreement or an applicable Proposal. In the event that this Agreement or a Proposal is postponed pursuant to a Force Majeure, a party's obligations under the Agreement or applicable Proposal will be extended for the period of time equal to the period of time during which such party is delayed due to the Force Majeure. If a delay due to a Force Majeure occurs, a party will not be liable to the other or any third party for any loss, damage, delay, liability, expense, or cost related to or caused by such delay due to the Force Majeure.
These Guidelines apply to all influencers, endorsers, ambassadors, or talent (each an "Ambassador" or "you") who post, promote, or share content related to Cider (SG) Holding PTE. LTD. ("we", "us", "our" or "Cider"), regardless of the medium or channel. This includes situations where Cider engages you through the promise of compensation, free products or services. All Social Media Posts must comply with these Guidelines.
1. Disclose your connection to Cider clearly and conspicuously in all Social Media Posts.
2. Ensure that your disclosures carry over and across mediums when sharing a Social Media Post (e.g., when you share a TikTok video in a Twitter post, the tweet should also contain a disclosure).
3. Your Social Media Posts must comply with all applicable laws and regulations, including the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising. If your Social Media Posts are not in compliance with applicable laws, regulations, and any agreement you enter into with us, you may be instructed to remove the offending Social Media Post(s).
1. Always represent Cider in a positive and professional manner.
2. Avoid any behavior, content, or statement that could harm the reputation of Cider.
3. Avoid using offensive, inappropriate, or controversial language or imagery in your content.
4. Do not engage in argument, harassment, or inappropriate behavior with customers or other Ambassadors.
5. Do not make negative, defamatory, or disparaging remarks about Cider, its products, employees, or affiliates.
6. If you have concerns or feedback, please contact us directly rather than sharing publicly.
1. Use only the Trackable Links provided by us. Do not alter, manipulate, or share these links with unauthorized parties.
2. Ensure that your Trackable Links are prominently displayed in your promotional content.
3. Do not engage in fraudulent or deceptive practices, such as:
1. Any violation of these Guidelines may result in immediate termination of your participation in the Ambassador Program. We reserve the right to withhold or reclaim Commissions earned through non-compliant behavior. If you have questions or concerns about these Guidelines, contact us at [object Object] for clarification.
Cider reserves the right to update or modify these Guidelines at any time. You will be notified of any significant changes, and continued participation in the Program constitutes acceptance of the updated Guidelines.
By adhering to these Guidelines, you help maintain the integrity and reputation of Cider while building a positive and rewarding relationship with us. Thank you for being a valued member of our Ambassador Program!