This Ambassador Contract (“Agreement”) made on the Sign Up Date (“effective date”) is by and between:
Client: Sweetree LLC, with a mailing address of 3815 Lake Street, City of Stone Park, State of Illinois (“Client”),
Ambassador and Client are each referred to herein as a “Party” and, collectively, as the “Parties.”
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Client retains the Ambassador to work under the terms and conditions hereby agreed upon by the Parties:
Term. The term of this Agreement shall commence on the effective date and terminate: At-Will
The Service. The Ambassador agrees to provide the following: Social Media posts about the Client and the Client’s events.
Hereinafter known as the “Service”.
Ambassador shall provide, while performing the Service, that he/she/they shall comply with the policies, standards, and regulations of the Client, including local, State, and Federal laws and to the best of their abilities.
Payment Amount. The Client agrees to pay the Ambassador the following compensation for the Service performed under this Agreement: The dollar amount equal to the amount of savings realized by purchasers using the Ambassador’s Discount Code on Client’s site.
Hereinafter known as the “Payment Amount”.
Payment Method. The Client shall pay the Payment Amount: Monthly
Hereinafter known as the “Payment Method”. The Payment Amount and Payment Method collectively shall be referred to as “Compensation”.
Inspection of Services. Any Compensation shall be subject to the Client inspecting the completed Services of the Ambassador. If any of the Services performed by the Ambassador pursuant to this Agreement are defective or incomplete, the Client shall have the right to notify the Ambassador, at which time the Ambassador shall promptly correct such work within a reasonable time.
Time is of the Essence. Ambassador acknowledges that time is of the essence in regard to the performance of all Services.
Confidentiality. Service Ambassador acknowledges and agrees that all financial and accounting records, lists of property owned by Client, including amounts paid, therefore, client and customer lists, and any other data and information related to the Client’s business is confidential (“Confidential Information”). Therefore, except for disclosures required to be made to advance the business of the Client and information which is a matter of public record, Ambassador shall not, during the term of this Agreement or after its termination, disclose any Confidential Information for the benefit of the Ambassador or any other person, except with the prior written consent of the Client.
a.) Return of Documents. Ambassador acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes, and other documentation related to the business of the Client containing Confidential Information shall be the sole and exclusive property of the Client and shall be returned to the Client upon termination of this Agreement or upon written request of the Client.
b.) Injunction. Client agrees that it would be difficult to measure damage to the Client’s business from any breach by the Ambassador under this Section; therefore, any monetary damages would be an inadequate remedy for such breach. Accordingly, the Ambassador agrees that if he/she/they should breach this Section, the Client shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by the Client
c.) No Release. Ambassador agrees that the termination of this Agreement shall not release him/her/they from the obligations in this Section.
Taxes. Ambassador shall pay and be solely responsible for all withholdings, including, but not limited to, Social Security, State unemployment, State and Federal income taxes, and any other obligations. In addition, Ambassador shall pay all applicable sales or use taxes on the labor provided and materials furnished or otherwise required by law in connection with the Services performed.
Independent Contractor Status. Ambassador acknowledges that he/she/they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Client. Ambassador shall have no authority to bind or otherwise obligate the Client in any manner, nor shall the Ambassador represent to anyone that it has a right to do so. Ambassador further agrees that in the event the Client suffers any loss or damage as a result of a violation of this provision, the Ambassador shall indemnify and hold harmless the Client from any such loss or damage.
Default. In the event of default under this Agreement, the defaulted Party shall reimburse the non-defaulting Party or Parties for all costs and expenses reasonably incurred by the non-defaulting Party or Parties in connection with the default, including, without limitation, attorney’s fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing Party or Parties shall be reimbursed by the other Party for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees at the trial level and on appeal.
No Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver.
Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws in the State of Illinois.
Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Entire Agreement. This Agreement constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties.
IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused this Agreement to be executed in their names by their duly authorized officers.