These Tillamook® Brand Ambassador Program Terms and Conditions (the “Agreement”) are by and between Tillamook County Creamery Association (“Tillamook”), an Oregon corporation, and the Brand Ambassador, an individual. The Brand Ambassador must be a resident of the United States of America.
1. Scope of Relationship.
1.1 The term of this Agreement shall commence on February 2, 2021 and continue through December 31, 2021 (the “Term”).
1.2 Tillamook will partner with Brand Ambassadors to inspire their network to trade-up to high quality Tillamook® products, convert new consumers into fans and turn existing fans into loyalists. Brand Ambassadors will create unique content and authentically speak to the quality of Tillamook.
2. Independent Contractor Status.
This Agreement does not create an employment, partnership, join venture, or agency relationship of any kind between Tillamook and the Brand Ambassador. Neither party shall have the authority to bind the other to any obligation or liability except as provided in this Agreement.
Tillamook agrees to provide the Brand Ambassador free Tillamook products, merchandise, and/or coupons throughout the Term of the Agreement. The quantity and types of products, merchandise, and/or coupons will be determined at Tillamook’s sole discretion.
4. Content Requirements.
If Brand Ambassador chooses to post social media content relating to Tillamook products, the social media content by Brand Ambassador which relates to Tillamook products must:
4.1 Tag @Tillamook in Facebook and Instagram and @TillamookDairy in Twitter
4.2 Include the full name of the featured product
4.3 Include Tillamook Brand Ambassador Program hashtag, #TeamTillamook
4.4 Include product-focused hashtags: e.g., #TillamookCheese or #TillamookIceCream, etc.
4.5 Comply with FTC Guidelines: disclose that Brand Ambassador receives free product from Tillamook. For more information see Section 5.2, below.
4.6 Be removed or edited if requested by Tillamook.
5. Transparency Policy.
The Brand Ambassador enters this relationship with Tillamook confirming their blog and/or social media accounts have not been manipulated with the purchase of fake followers and reflect authentic fan engagement.
5.2 FTC Compliance.
The Brand Ambassador agrees to comply with the applicable FTC regulations and guidelines in connection with all Tillamook content produced and will include any and all sponsorship acknowledgement language within blog posts and social media shares for the duration of this Agreement. The Brand Ambassador assumes full responsibility if relationship acknowledgement requirements are not met and results in repercussions with the FTC. Background information on the FTC guidelines can be found at: https://www.ftc.gov/system/files/documents/plain-language/bus41-dot-com-disclosures-information-about-online-advertising.pdf.
6. Content Allowances.
Tillamook has allowance to share the images, videos, recipes, and content on owned social media channels, which may include paid digital advertising, crediting Brand Ambassador, in perpetuity. Tillamook has allowance to share the images, videos, recipes, and content on Tillamook.com, in email newsletters, and internal marketing materials (non-consumer facing), in perpetuity, crediting Brand Ambassador.
7. Relationship Termination.
7.1 If Brand Ambassador or Tillamook wishes to terminate this Agreement, written notice at least one business day in advance is required.
7.2 In the event the agreed upon content fails to be published, Tillamook is not responsible to provide the compensation under Section 3.
7.3 Tillamook may at any time direct Brand Ambassador to cease all promotional activities or make clarifying statements.
7.4 In the event of termination of this Agreement, Tillamook may immediately suspend, limit, or terminate Brand Ambassador’s access to any Tillamook account.
7.5 Brand Ambassador agrees to indemnify Tillamook from and against any claims, damages, or liabilities arising out of or relating to the Brand Ambassador’s breach of this Agreement.
8. Choice of Law.
This Agreement shall be construed and enforced pursuant to the laws and decisions of Oregon, excluding conflicts of law.
If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed deleted from this Agreement and replaced by a valid, enforceable provision which, to the maximum extent possible, achieves the parties’ intent to the original provision. The remaining provisions of this Agreement shall remain in full force and effect.
Neither party may assign or transfer this Agreement or any performance rights or obligations under this Agreement without the prior written consent of the other party.
11. Final Agreement.
This Agreement constitutes the entire agreement between Tillamook and the Brand Ambassador with respect to the subject matter hereof and supersedes all previous proposals both oral and written, negotiations, representations, commitments, and other communications between the parties. No modification of or amendment to this Agreement will be effective unless in writing and signed by both parties.