Ambassador Terms & Conditions

Terms & Conditions

Please read through the following terms and conditions (the “T&Cs” or the “agreement”) for the Jaybird Ambassador Program. These T&Cs are a binding legal contract between you and Jaybird, and govern your participation in the Ambassador Program for this Program term. We only provide the Ambassador Incentives (described below) on these terms. “You” means the person who completed the online application form. “We”, “us” or “Jaybird” means Logitech Europe S.A., and its affiliates. To become an Ambassador, you must complete and submit the online Ambassador Program form including indicating your agreement to these T&Cs, and we must approve your application in writing (email). If we approve your application, you are a member of the Ambassador program until this agreement ends on March 31, 2022, unless you or we terminate the agreement earlier (see below). Ambassadors must be at least 18 years of age and the age of majority in the applicable jurisdiction, and must reside where the Program is not otherwise prohibited or restricted by law. We reserve the right to make changes to these T&Cs from time to time (we will notify you in advance by email as explained further below).

Part 1: Overview

This overview outlines the incentives to be provided to Ambassadors, the social media qualifications Ambassadors must have and maintain, and the basic participation requirements. See Part 2 below for further details.

Ambassador Incentives:
- Receive new products before they are available to the public*
- Discount codes for you to share with friends and family
- Product support for social giveaways or contests*
- Opportunity to be featured on Jaybird social channels and in Jaybird marketing
- Jaybird branded gear (when available)
- Private invitation to the Jaybird affiliate program with an opportunity to earn an industry competitive commission

By participating in the Program, and having active status, you may be eligible to receive our Ambassador Program Incentives as they become available, such as:

Social Media Qualifications:
- A public Instagram account
- To have or update current account to a Business/Creator Instagram account type for Instagram
- To follow US Federal Trade Commission (FTC) endorsement guidelines for posting (or, your local requirements if stricter).

As an Ambassador, you will need:

Ambassador Participation:
- Relevant and authentic posts about Jaybird or your usage of Jaybird products, please make sure to tag with appropriate hashtags and social handles: Hashtags: #earthproof, plus any additional hashtags used throughout the year associated with different campaigns; Social Handle: Jaybird Sport - @Jaybirdsport
- Generate and submit original content every quarter for use on Jaybird’s digital channels
- Participate in social media engagement on Jaybird’s social channels
- Participate in requested digital activations, promotion announcements, new product launches or content releases on your social channels
- Authentically use and share Jaybird audio products in your training and running (we ask that you only use Jaybird audio products rather than other brands)
- Test and provide relevant feedback on products in development (when we request)

Here’s what we expect of and encourage from our Ambassadors:

Part 2: Details and Conditions

Ambassador Incentives:

We outlined some of the “Ambassador Incentives” in Part 1 above. We will distribute Ambassador Incentives to you periodically during the Program term as they become available, provided you have active status in the program. We will notify you of the current Ambassador Incentives when you are first approved (see the Ambassador Program Guidelines we provide you), and thereafter from time to time by email. We will do our best to make most of the listed Incentives available, but ultimately all Incentives are in our sole discretion and are subject to change without notice. Some Incentives have additional terms that apply (eg where we provide product support for giveaways and contests, confidentiality and feedback terms may apply to beta testing opportunities; participating in an event may require a liability waiver, or additional image release etc). You can opt out of receiving any Incentives if you aren’t able to agree to the additional terms. To be clear: you must have active status in the Ambassador Program at the time we distribute the particular Incentives in order to be eligible to receive it. The Incentives constitute full and complete consideration for the performance of this Agreement. No other compensation is payable.

Ambassador Content:

When we refer to “Content” in these T&Cs, we mean your original creative works and creations, such as photographs, images, artwork, videos, graphics, illustrations, text, social media posts, or other materials, whether in digital or physical format, that meet one of the following conditions: (i) you submit the Content to us for our use (“Submitted Content”), or (ii) you post the Content on your own social media channels and you tag, mention or reference our brand(s) or products (“Posts” and/or “Posted Content”). Other materials (for instance, things you post on your own channels but where you don’t mention our brand) are not “Content” and so are not covered by these T&Cs.

All Content should be your original creations, not previously published and should speak to our active marketing campaigns. If/when we post your Submitted Content on our social channels, we will typically give credit / attribute (with your Identity). If we slip up, please reach out and let us know and we will do our best to fix it! When you make Posts on your own social channels, they should be about the Jaybird brand or your authentic use and enjoyment of Jaybird products, they must be lawful and appropriate. Be sure to use appropriate hashtags and social handles. As of June 2020 this means #earthproof, and others we provide associated with specific marketing campaigns; and the Social Handle is@Jaybirdsport. REMEMBER to be transparent and always disclose your connection to Jaybird in your Posts – we require that all Ambassadors follow US Federal Trade Commission endorsement guidelines (even if you are located outside the US -- and if you are subject to stricter local requirements, you should make sure you comply with those as well).

Ambassador Guidelines

To maintain active status as an Ambassador, in addition to complying with the other terms of the agreement, we expect you to meet any reasonable requirements listed in the Jaybird Ambassador Guidelines (as we update from time to time).

Ownership of Ambassador Content and other Intellectual Property Rights

You own your Content (whether Submitted Content and Posts), and (of course) your Identity. We reserve all rights including intellectual property rights in and to our own property and our own content and materials. You grant to us and the other Authorized Users the licenses and rights below to your Content and your Identity (“Your License Grants”). If an Authorized User makes a permitted Adaptation (this term is defined below) of your Content, such Authorized User owns all right, title and interest in and to such Adaptation (subject to your rights in the underlying Content). We are not obligated to use your Content.

Your License Grants to Us ( Content and Identity)

To use your Content: You grant to us* a perpetual, irrevocable, freely transferable and sublicensable, fully paid-up and royalty-free, worldwide right and license to use the Content in all formats and media, whether now known and existing or hereafter discovered or developed, throughout the universe, for all or any purposes whatsoever. This includes all copyrights (distribute, perform, reproduce, display, and prepare derivative works) and other intellectual property rights and all renewals and extensions thereof, the rights to adapt and make adaptations (ie the rights to modify, edit, combine with other materials, translate, include in collective works and create derivative works, etc) (collectively, “Adaptations”); the rights to reproduce, perform (publicly or otherwise), display (publicly or otherwise), and transmit the Ambassador Content, in whole or in part, unmodified (as provided by you) or as adapted by us.

To use your Identity: You grant to us* limited right to use your Identity in connection with any authorized use of the Ambassador Content and any Adaptations, including to advertise and promote our (and the other Authorized Users’) products and brand. Your “Identity” means your name(s), image(s), likeness(es), and biographical and professional information (including information you provide to us and any other publicly available information about you). All licenses and rights you have granted to us above are also granted to our affiliate companies (meaning companies that are under common control with us, that we control, or that control us, where “control” refers to control of at least 50% of the voting securities of the entity).

Feedback: You agree that we are free to use any feedback you may provide to us during the term of the Program (including ideas, suggestions, or feedback on the Program, or any of our products or services) for any purpose.

Our License Grant to You (Trademarks)

We consent to you identifying yourself as a “Jaybird Ambassador” provided you are in compliance with these T&Cs. The Guidelines have additional requirements that you must always comply with in generating Content. We may also provide you with trademark usage guidelines which you must abide by.

Respect for other people’s rights, property and privacy

It is important to respect the intellectual property and privacy rights of others. We expect and require you to do so as well as a Jaybird Ambassador. If another person or brand, or another person’s or brand’s property, appears in your Content, or if you are using materials that someone else created or contributed to and therefore that someone else has rights to all or some of your Content (hint: this includes where someone else takes your photo and you use it as Content), then you must have written permission from that person or brand to do so (such as in the form of a signed release, consent or permission). We may ask you for a copy of that written permission. With respect to all Content, you represent and warrant that such Content does not contain copyrighted material other than your own original content; does not defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights or constitute or suggest copyright infringement; and does not contain any content that is sexually explicit, sexually suggestive, offensive, illegal, pornographic or obscene or that features, promotes or suggests the use or abuse of drugs, alcohol, tobacco, firearms or other harmful substances or otherwise is in bad taste or is otherwise objectionable to Jaybird, as determined by Jaybird in its sole and exclusive discretion. Content must not disparage Jaybird (or any of its related brands in the Logitech family) and must be in keeping with Jaybird’s reputation and image, at Jaybird’s sole discretion.

Confidentiality

The Program is invitation-only. We rely on absolute secrecy and discretion from our Ambassadors to make this Program successful. You agree to keep confidential and not disclose to any third parties any non-public information that you may learn in the course of participating in the Ambassador program, that is designated by us as confidential or, under the circumstances regarding disclosure, would reasonably be regarded as confidential, including these T&Cs, the Ambassador Program Guidelines, any marketing campaign information, product release information, etc. This means you should never make any mentions on social media or other internet or communications channels (public or private). If we suspect that you have disregarded or not taken your confidentiality obligations seriously, we reserve the right to suspend or terminate your participation in the program, as well as take any other legal action that may be available to us.

Termination / Ending your participation

You are free to terminate this agreement at any time for your convenience, by sending an email to us at the email address on the application form. We are also free to terminate this agreement at any time for our convenience, upon notice to you (sent to the email address in your application). In addition, if you are not meeting the participation requirements or any other obligations under this agreement, we may temporarily suspend your participation (called “inactive status”), or terminate for convenience. In the event that you default in any of your material obligations under this agreement, if you misrepresent our brand, or if you are indicted or convicted of any felony or any lesser crime or offense involving fraud or dishonesty, we may suspend, or terminate this agreement for cause by notice. If the agreement is terminated or expires, your obligations of confidentiality will continue for 3 years.

You are an independent contractor, and this agreement shall not be construed to create any association, partnership, joint venture, employee, or agency relationship between you and us for any purpose. You are not entitled to any benefits that our employees receive.

Other Matters

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ASSOCIATION WITH THIS AGREEMENT. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT IS $50USD. Governing law and venue for dispute resolution of any dispute shall be: If you are resident of North America, the laws of California and venue in Santa Clara County, California; If you are resident in Asia Pacific region, the laws of Hong Kong and Hong Kong court jurisdiction; if you are resident elsewhere, the laws of Switzerland and venue in the competent court of Lausanne, Switzerland. At our option, venue may be in the jurisdiction of your residence. This agreement forms the entire agreement between the parties with respect to the subject matter. Any deviation from these terms by us must be in writing and signed by an authorized representative. See our privacy statement on our website for information about our privacy practices. Go to jaybirdsport.com and then click the link for Privacy Policy or Privacy + Security (eg in the US, this is https://www.jaybirdsport.com/en-us/legal/web-privacy-policy.html ). If you provide us with your contact information for the purpose of delivering the Incentives, we will use your contact information only for that purpose.

Contact Information

You agree to maintain current contact information (email) at all times. We will primarily contact you through email. For questions about the Ambassador Program, please contact:

Jaybird Sport

Email: lauren@jaybirsport.com

Jaybird Sport is a trademark owned by Logitech Europe S.A. registered in the US and other countries.