Thank you for considering our Khair Ambassador Program! The digital world is vast, and while we value each of our ambassadors, we also recognize the need for clear guidelines. To ensure clarity and mutual understanding, we've set forth these terms for our program.
PLEASE REVIEW THIS DOCUMENT THOROUGHLY BEFORE DECIDING TO JOIN OR CONTINUE AS A KHAIR VITAMINS AMBASSADOR.
Whenever we mention “Company,” “Khair,” “we,” “our,” or “us” in this document, we are referring to Khair Vitamins Inc.
Whenever we use the term “Products,” we are talking about any product crafted by Khair Vitamins.
When we say “Ambassador”, “you” or “your,” we mean the individual who is eager to become a Khair Vitamins ambassador, along with their employees, agents, and business associates (where relevant).
Sometimes, we might refer to the Ambassador and the Company individually as a “Party” or collectively as the “Parties.”
BY ACCEPTING THESE KHAIR AMBASSADOR TERMS AND CONDITIONS (THE “TERMS”), YOU WHOLEHEARTEDLY AGREE TO ABIDE BY AND UPHOLD ALL OF THESE TERMS. THESE TERMS WILL OVERSEE YOUR ASSOCIATION WITH KHAIR VITAMINS AND YOUR INVOLVEMENT IN THE KHAIR AMBASSADOR PROGRAM (THE “PROGRAM”). IF YOU DISAGREE WITH OR DON'T COMPREHEND ANY OF THESE TERMS, KINDLY REFRAIN FROM ACCEPTING THEM. IF AT ANY JUNCTURE YOU DECIDE YOU NO LONGER WISH TO FOLLOW THESE TERMS, YOU MUST NOTIFY KHAIR VITAMINS IN WRITING AND DISCONTINUE YOUR ROLE AS AN AMBASSADOR.
NOTE: THESE TERMS INCLUDE AN ESSENTIAL ARBITRATION CLAUSE. IN ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT ANY DISPUTES YOU HAVE WITH THE COMPANY WILL BE SETTLED THROUGH INDIVIDUAL ARBITRATION, AS OUTLINED FURTHER IN THE 'RESOLUTION OF DISPUTES' SECTION BELOW. THIS MEANS YOU WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE LAWSUIT AGAINST THE COMPANY OR BENEFIT FROM SUCH A SUIT INITIATED BY ANOTHER PARTY.
By adhering to these Terms and being part of the Program, Ambassadors commit to the following:
To be recognized as an Ambassador for Khair Vitamins, you need to:
Be at least 18 years of age;
Thoroughly read, comprehend, and consent to these Terms;
Not have any medical conditions that hinder your consumption of the Products;
Own and actively manage at least one personal account on platforms like Facebook, Instagram, Twitter, Pinterest, Snapchat, TikTok, or YouTube (together, "Recognized Platforms"). For the purpose of these Terms, such accounts will be referred to as "Accounts."
Remain in compliance with regulations set by the Federal Trade Commission (“FTC”);
Uphold all guidelines established by the FTC, especially those pertaining to Social Media Influencers' Disclosures, and adhere to other relevant laws and standards.
Khair Vitamins holds the exclusive right to refuse or discontinue any Ambassador relationship. It's important to note that on becoming an Ambassador, Khair Vitamins doesn't guarantee the provision of complimentary Products. Ambassadors are accountable for procuring any Products needed to fulfill their commitments under these Terms
Of course! Here's a revised version tailored for Khair Vitamins:
PARTICIPATION IN PROGRAM CLAUSES
As compensation for specific remuneration, product offerings, and/or other unique experiences, and given the mutual understanding of the value of such considerations, you commit to actively endorse and elevate Khair Vitamins' products on your Accounts ("Promotional Activities"), all in accordance with these Terms.
Upon embracing these Terms, you pledge to conduct the following Promotional Activities:
- Develop and share images, videos, and/or textual content celebrating Khair Vitamins, its product range, or any associated initiatives as might be instructed by Khair Vitamins over time ("Engagement Material").
To be clear, Engagement Material encompasses any creative works, be it posts, visuals, writings, or other related outputs crafted during the execution of the Promotional Activities or in relation to any task undertaken for Khair Vitamins or upon their solicitation.
- Share and promote your promo code to encourage your audience to purchase products from Khair Vitamins.
- Swiftly address any queries or interactions from your followers concerning Khair Vitamins or its products.
- Expediently respond to messages from Khair Vitamins' team, whether through text, email, calls, or any other medium.
- Should Khair Vitamins deem it necessary, participate in educational sessions or training modules connected to Khair Vitamins, its products, or the Ambassador Program itself.
As a token of gratitude for the Promotional Activities you conduct and the privileges you confer to Khair Vitamins concerning the Engagement Material, you'll avail the ensuing benefits:
- Bronze Tier Ambassador: For 0-5 sales monthly from the preceding month, offer your followers 10% off and earn a 10% commission on all confirmed net sales in the subsequent month via your distinctive promotion link or code ("Special Code").
- Silver Tier Ambassador: For 6-12 monthly sales from the previous month, grant a 12% discount to your followers and acquire a 12% commission on all authenticated net sales in the next month using your Special Code.
- Gold Tier Ambassador: For 13-25 sales monthly from the last month, provide a 15% discount to your followers and gain a 15% commission on all ratified net sales in the forthcoming month via your Special Code.
- Platinum Tier Ambassador: Surpassing 25 sales in the prior month grants you the capability to present a 17% discount to followers while bagging a 20% commission on all validated net sales in the upcoming month using your Special Code.
The tiered rewards are based on sales from the prior month.
Commission withdrawals are feasible upon solicitation (anticipate 7-10 days post-request for reflection in your account) if accumulated commissions hit at least ten dollars ($10).
Rewards are voided on any sales or sums linked to product returns or any transactions deemed by Khair Vitamins, at its sole judgment, to infringe these Terms. Additionally, should you neglect to claim commissions within a year of the transaction, if PayPal payments are infeasible for you, or if any sale validation is bypassed at Khair Vitamins' behest, such commissions will be forfeited. If any transaction is retracted or refunded, any dispensed commission is to be subtracted from the ensuing commissions Khair Vitamins owes you. Commission finalizations rest solely upon Khair Vitamins' discernment, which also retains the right to modify commission payout regularities and dates.
To ensure commission earnings, explicitly instruct your followers to deploy your Special Code when procuring Khair Vitamins products. While Khair Vitamins endeavors to diligently track and remit commissions for all Ambassador sales, it holds no liability for disruptions or external interferences that might impede its capability to do so. You alone are accountable for all tax obligations arising from commissions rewarded by Khair Vitamins.
For streamlined tracking, Khair Vitamins endeavors to provide a dashboard for ambassadors to monitor their commissions.
REPRESENTATIONS, WARRANTIES AND COVENANTS OF AMBASSADOR:
By accepting these Terms, you represent and warrant that:
- You have the capacity and authority to enter into these Terms;
- You are responsible for all activities associated with your participation in the Khair Ambassador Program;
- You are not bound by any agreement or law that would hinder your duties as outlined in these Terms;
- You possess the right to assign Content to Khair, ensuring it's original and doesn’t infringe on any third-party rights;
- All Content shared on Approved Media or your accounts must include “#KhairAmbassador”;
- You commit to market, endorse, and distribute the products according to all relevant laws, standards, and regulations, including the guidelines set for social media influencers by the FTC;
- Always use approved marketing materials and claims provided by Khair;
- Uphold a professional standard, acting ethically, honestly, and with integrity when dealing with Khair or its stakeholders;
- Showcase Khair products positively and avoid actions that could tarnish Khair's reputation or interests;
- Refrain from any action that could negatively impact Khair's public image;
- Do not misuse Khair’s intellectual property unless explicitly permitted in these Terms;
RESTRICTIONS / PROHIBITIONS By agreeing to these Terms, you acknowledge:
- Khair retains the right to suspend or terminate your account if any associated Content is found inappropriate;
- Breaches include but are not limited to:
- Making false or unauthorized claims or representations on behalf of Khair;
- Promoting unapproved uses of Khair products;
- Not abiding by these Terms;
- Sending unsolicited emails or spam related to Khair;
- Engaging in activities that are harmful, discriminatory, or unlawful;
- Committing or being accused of illegal activities;
- Sending messages that could harm Khair’s reputation;
- Diversions of commissions from other ambassadors;
- Violating any third-party rights;
- Sending unauthorized emails using Khair’s branding;
- Creating confusion by mimicking Khair’s brand on personal platforms;
- Misusing Khair’s brand name in usernames or handles;
- Faking audience metrics on Approved Media;
- Offering unauthorized promotions or using unauthorized promo codes;
- Making unauthorized sales or promotions related to Khair products;
- Engaging in any misleading activity that would falsely increase your online influence or credibility.
You also agree that Khair has the right to:
- Review and request changes to your Content;
- Monitor your accounts for compliance;
- Ask for modifications to ensure compliance with these Terms;
- Withhold commissions for any sales made in violation of these Terms;
- Suspend or terminate your role in the Khair Ambassador Program if you're found violating these Terms.
DISCLOSURE OF MATERIAL CONNECTION
For all Content shared publicly, you must include a disclaimer indicating your “material connection” (as the FTC defines) to Khair and highlight that you received compensation or other incentives to post the Content. For instance, content should be identified as “sponsored by Khair” (e.g., “#sponsored”), an “advertisement” (like “#ad”), or note that you're paid commissions (using “#paid”). Such disclosures must be nearby any statements about Khair or its products and adhere to all relevant laws, regulations, guidelines, codes, and so on, especially the FTC’s standards for Social Media Influencers.
This disclosure must be easily visible. If the content is a video, verbal and written disclosures are necessary. This holds even if there are space constraints – use hashtags like #sponsored, #paid, or #ad.
While Khair may provide disclosure suggestions (e.g., “#KhairPartner”) and promotional wording, Khair is not liable for your compliance with laws or acquiring third-party permissions regarding your content.
FAILURE TO DISCLOSE AS NEEDED IS A SERIOUS BREACH OF THESE TERMS AND COULD LEAD TO IMMEDIATE TERMINATION WITHOUT ANY LIABILITY, COMPENSATION, OR COMMISSIONS TO YOU.
INTELLECTUAL PROPERTY RIGHTS Ambassador’s Content and Attributes. Under these terms, you grant Khair the right to use any Content in all media types forever. This includes statements, comments, posts, and feedback related to the Services or Program, which may be adjusted or edited.
Joining the Program gives Khair the irrevocable right to use your Content and your personal attributes for any purpose supporting the Program’s objectives. You understand that, aside from what’s provided in the Terms, you aren’t otherwise compensated for this.
Ambassador’s Rights to Khair Intellectual Property. Khair gives you a restricted license to use its intellectual property only as provided through the Program and only for approved purposes. You agree not to claim any rights in Khair's intellectual property. Also, you will not:
- Reproduce or misuse the Khair Platforms without written permission.
- Access the Khair Platforms unlawfully.
- Use the Khair Platforms in any damaging way.
EXCEPT AS MENTIONED, THE KHAIR PLATFORMS ARE PROVIDED “AS IS” WITHOUT WARRANTIES. KHAIR DISCLAIMS ALL IMPLIED WARRANTIES.
Third-Party Licenses. You are responsible for acquiring any licenses or permissions related to third-party content you incorporate. If asked, you will provide Khair copies of these permissions.
Khair might share Confidential Information with you, which you must treat as confidential. Unauthorized use or disclosure would seriously harm Khair. If you break this confidentiality, Khair is entitled to injunctive and other reliefs.
TERM AND TERMINATION
This agreement starts when you accept these Terms and can end when either party decides to terminate it in writing. If terminated, all licenses provided to you will end, and you will no longer be a Khair ambassador.
Certain provisions, like Intellectual Property Rights, Confidentiality, and others, remain effective even after the termination of these Terms.
In providing Services to Khair, you acknowledge and agree that your relationship with Khair is that of an independent contractor. It is expressly understood and agreed that nothing in these Terms is intended to create, and does not create, any employee, partnership, agency, joint venture, or similar relationship between yourself and Khair. You are solely responsible for all of your income, social security, unemployment, sales, disability, and any other applicable taxes arising out of your performance of the Services under these Terms, as required by applicable laws and regulations. You understand and agree that Khair will not withhold or make payments or contributions on your behalf. You agree to indemnify and defend Khair against any and all such taxes or contributions. You are also responsible for all costs, liabilities, and expenses you may incur in connection with performing the Services under these Terms.
INDEMNITY; LIMITATION OF LIABILITY
Indemnity. You agree to defend, indemnify, and hold harmless Khair (including, without limitation, its parent entities, all related and affiliated entities, and their respective directors, officers, shareholders, employees, agents, and representatives) from and against any claims, including, but not limited to: (i) any violation of any law, regulation, rule, administrative guideline, policy, code, order, and ordinance committed by you or your agents; (ii) your negligence or willful misconduct; and/or (iii) your participation in the Program, and/or your breach of any obligation, representation, or warranty set forth in the Terms. Your obligation to indemnify and defend Khair includes reimbursement of any legal fees and related costs incurred by Khair.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KHAIR OR ITS REPRESENTATIVES OR AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO ANY BREACH OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS. KHAIR’S MAXIMUM LIABILITY SHALL NOT EXCEED 50% OF THE COMMISSIONS PAID TO THE AMBASSADOR IN THE YEAR PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Disclaimer. KHAIR MAKES NO WARRANTIES REGARDING KHAIR’S WEBSITE(S) OR ANY OTHER SITES MAINTAINED AND OPERATED BY KHAIR OR THE PRODUCTS OR SERVICES OFFERED THEREON. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. KHAIR IS NOT LIABLE FOR ANY INTERRUPTIONS OR ERRORS ON ITS WEBSITE.
MISCELLANEOUS; ADDITIONAL TERMS
These Terms represent the complete agreement between the Parties regarding this subject.
Any provision deemed invalid or unenforceable shall not affect the remainder of these Terms.
A waiver by either Party for a breach of these Terms does not imply a waiver for any subsequent breach.
Khair can modify these Terms at any time. If you disagree with any changes, your only option is to terminate your relationship with Khair. Continuing to provide Services after any changes means you accept those changes.
You may not assign or delegate your rights or duties under these Terms.
Khair can assign its rights and duties to any third-party acquirer of its business.
These Terms are governed by the laws of New York. Disputes will be resolved through arbitration, administered by the American Arbitration Association. Both Parties waive the right to a jury trial and to participate in class actions.
All necessary actions will be taken by each Party to uphold the provisions of these Terms.