By participating in Plantd Life, Inc.’s (“Plantd”) Ambassador Program you (the “Ambassador”) agree to be bound by the following terms (“Terms”). These Terms include the provisions set forth below, adherence with Plantd’s Ambassador Handbook, and Plantd’s mobile application (“Plantd App”) terms and conditions and privacy policy.
ELIGIBILITY. In order to participate, Ambassador must meet the following requirements:
● 18 years of age or older.
● Legal resident of the United States.
● Approval from Plantd to participate in the Ambassador Program.
● A registered member of Plantd’s community on the Social Ladder mobile application (“Social Ladder”).
● Knowledge and acceptance of Social Ladder’s terms and standards.
● A registered member of the Plantd App.
o A free subscription will be provided by Plantd as set forth in the Compensation Section.
RELATIONSHIP OF PARTIES. Ambassador is an independent contractor with respect to Plantd, and not an employee of Plantd. Plantd will not provide any employee benefits, and Ambassador is responsible for payment of all taxes and expenses in connection with the Ambassador Program. Nothing in the Terms shall be construed as to create a partnership, agency, joint venture, employment, or similar relationship between Ambassador and Plantd. Ambassador may not represent or act as an agent of Plantd outside the scope of the Ambassador Program.
TERM. The term of Ambassador Program will begin upon Ambassador completing the required registration on the Social Ladder application, and joining Plantd’s community (“Effective Date”). The minimum term will be effective for six months (“Term”) and shall automatically renew every six (6) months after the Effective Date unless explicitly terminated earlier by the Ambassador in writing, by emailing ambassadors@plantd.life. Plantd reserves the right to terminate Ambassador’s participation in the Ambassador Program at any time for any reason within its sole discretion, including but not limited to, (i) Plantd’s determination that Ambassador’s performance in the Ambassador Program may be harmful, disruptive, or do not align with Plantd’s branding and initiatives, or (ii) Ambassador’s failure to comply with the Terms. Plantd will provide the Ambassador a written notice via email.
SOCIAL POSTING CHALLENGES. During the Term, Ambassador will complete a minimum of one (1) social posting challenge per month on Social Ladder (“Social Post Challenge”). If Ambassador fails to complete at least two (2) Social Post Challenges for two (2) consecutive months without any communication and/or written notice to Plantd, Ambassador’s participation in the Ambassador program will be automatically terminated, and removed from Plantd’s Social Ladder community.
Ambassador acknowledges that multiple submissions for a single Social Posting Challenge that include the same Social Media Content (as defined below) will not be accepted and Ambassador will not be compensated for duplicate submissions.
EXPENSES. Ambassador shall be responsible for all expenses incurred while performing Social Post Challenges and/or other performance of services when participating in the Ambassador Program. Expenses include, but are not limited to, equipment and data coverage fees necessary to create content for Social Posting Challenges, access Ambassador’s social media profiles, and access to Social Ladder and the Plantd App.
FTC COMPLIANCE. Ambassador shall ensure that all Social Posting Challenges and respective Social Media Content (as defined below) comply with applicable laws, rules, and/or regulations, including, without limitation, using the appropriate disclosures on the sponsored content as required by the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “FTC Guidelines”). In addition, Ambassadors must disclose their material connection with Plantd as set forth in the Plantd Ambassador Handbook, these Terms, and the terms of the Social Ladder Social Posting Challenge. For avoidance of doubt, every post or story promoting Plantd must use #PlantdPartner or #PlantdAmbassador.
POSTING REQUIREMENTS. Ambassadors agree to adhere to the following posting requirements when completing Social Posting Challenges and/or performing other services in connection with the Ambassador Program.
To comply with FTC Guidelines, Ambassador must:
● 1Communicate/ disclose the Ambassador Program relationship with Plantd in clear, unambiguous language.
● Ensure the disclosure is in the same language as the Social Posting Challenge and/or Social Media Content post.
● Include the disclosure at the beginning of Social Media Content captions or descriptions – without having to “click more” ("above the fold"), if possible. In other words, the first line of the post.
● Ensure that the disclosure is easy to read and appears in a shade that stands out from the background, if possible.
● Ensure that Social Media Content that includes a video element includes a disclosure in the description/caption of the post, and the video itself. The disclosure in the video should remain on the screen for a long enough period of time to be noticed and read.
● Ensure the disclosure is visible on all devices.
● Hashtags such as #PlantdAmbassador and #PlantdPartner (or other approved hashtags provided by Plantd) can be used to disclose the Ambassador Program relationship so long as the hashtag appears in the first line of the caption/description of the post and is not buried with other hashtags.
In addition, Ambassador must:
● Tag @plantdmovement in posts.
● Use Ambassador Program hashtags #DoYourPart and #PlantdMovement
ENFORCEMENT. Plantd reserves the right to regularly monitor Ambassador’s Social Posting Challenges, and social media profiles as often as Plantd deems necessary, to ensure compliance. Additionally, Plantd reserves the right to instruct and demand that you edit, update, and/or delete any non-compliant Social Posting Challenges to ensure compliance, and also reserves the right to provide feedback on how to improve content for Social Posting Challenges.
COMPENSATION. In complete consideration for Social Posting Challenges and Ambassador’s participation in the Ambassador Program, Plantd will provide each Ambassador with:
● A free Plantd membership via the Plantd App.
● Compensation for the completion of each Social Posting Challenge in Social Ladder. Compensation due for each Social Posting Challenge will be set forth in Social Ladder.
● Extra entries into exclusive Plantd giveaways and sweepstakes.
● Twenty dollars ($20 USD) commission for each member that subscribes to the Plantd App (with a paid subscription) for a minimum of three (3) months using your unique referral link. In addition, should a referred member refer another member using their referral link, Ambassador shall earn ten dollars ($10 USD) so long as the additional member subscribes for a minimum of three (3) months.
● Occasional opportunities to earn additional compensation, rewards, or other prizes.
Compensation earned for Social Posting Challenges completed on Social Ladder shall be processed by Social Ladder’s third-party payment processor, and can be redeemed by Ambassador in Social Ladder once the minimum payout goal of twenty dollars ($20 USD) is earned. Processing fees and dates are in adherence with Social Ladder’s terms and conditions.
Compensation earned for referrals, as defined above, shall be processed by a third-party payment processor in connection with Plantd’s App. It is the Ambassador’s responsibility to request a withdrawal in order to receive compensation. Withdrawals, processing dates, and service fees are subject to Plantd App’s terms and conditions.
Should Ambassador terminate their participation in the Ambassador program and/or should Plantd terminate Ambassador’s participation as set forth in these terms, Ambassador will receive compensation earned up until the termination date. No further compensation will be due.
Plantd reserves the right to update the terms of this provision at any time and for any reason.
CONFIDENTIALITY. Ambassador agrees that any information obtained pertaining to the Ambassador Program, Plantd’s confidential information, including but not limited to its business plan, business strategies, suppliers, vendors, upcoming, unreleased products, compensation amount in connection with the Ambassador Program etc. will be maintained in complete confidence. Any electronically stored information must be destroyed upon termination of Ambassador’s participation in the Ambassador Program.
OWNERSHIP. Ambassador shall be the sole and exclusive owner of all right, title, and interest throughout the world in and to all social media content (such as photos, videos, graphics, and audio) created and/or uploaded in Social Ladder for Social Posting Challenges (“Social Media Content”), and all Intellectual Property Rights therein. For the purposes of these Terms, “Intellectual Property Rights” means any and all rights arising in the US or any other jurisdiction throughout the world in and to copyrights, copyrightable works and other works of authorship, moral rights, patents, trademarks, trade secrets, and any and all other intellectual property rights, in each case whether registered or unregistered and including all related rights of priority under international conventions, all pending and future applications and registrations and continuations, divisions, continuations-in-part, reissues, extensions, substitutions, re-examinations and renewals thereof, and all similar or equivalent rights or forms of protection in any part of the world.
LICENSE GRANT. Ambassador unconditionally and irrevocably grants Plantd a worldwide, fully paid, royalty-free, irrevocable, perpetual license, to reproduce, distribute, modify, create derivative works of, and publicly display any Social Media Content. In other words, and without limiting the forgoing, Plantd may use, display, or modify Ambassador’s the Social Media Content for business purposes, including but not limited to, marketing programs, advertising, displays, and audio or visual communications.
To the extent that any pre-existing Intellectual Property or someone’s Name, Image, or Likeness (“NIL”) are incorporated in or necessary or useful for any use or exploitation of any Social Media Content, Ambassador hereby grants to Plantd a royalty-free, fully paid-up, perpetual, irrevocable, transferable, worldwide, non-exclusive right and license to use, execute, reproduce, publicly perform and display, modify, improve, create derivative works of, distribute, transmit, import, make, have made, sell and offer to sell and otherwise exploit any pre-existing Intellectual Property or NIL, including all such modifications, improvements and derivative works thereof, solely to the extent such pre-existing Intellectual Property or NIL are incorporated in, combined with or otherwise necessary or useful to use or exploit the Social Media Content for any purposes.
NO INFRINGEMENT. Ambassador hereby represents and warrants that: (a) none of the Social Media Content, or portion of the Social Media Content, or Plantd’s receipt or use of any of the Social Media Content or other exercise of its rights or license under these Terms does or will infringe, misappropriate, dilute or otherwise violate Intellectual Property Rights or other rights of any third-party arising under the Law of the United States; and (b) there are no pending or, to Ambassador’s knowledge, threatened claims, litigation or other proceedings pending against Ambassador by any third-party based on an alleged violation of such Intellectual Property Rights or other third-party rights.
NON-DISPARAGEMENT. Ambassador agrees and covenants that Ambassador will not at any time make, publish, or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments or statements concerning Plantd, the Plantd App, its services, and partners or make any maliciously false statements about Plantd, the Plantd App, its services, and partners that could harm Plantd’s reputation. Ambassadors are encouraged to email ambassador@plantd.life should they experience any issues.
INDEMNIFICATION. Ambassador agrees to indemnify, defend and hold harmless Plantd, its directors, officers, members, agents, brand partners, contractors, and employees from and against any and all losses, damages, actions, judgments, liabilities, or claims, including, without limitation, reasonable attorney's fees and expenses as and when incurred (collectively, “Claims”), resulting from or arising out of (a) Ambassador’s breach of this Agreement; (b) Ambassador’s use or misuse of any services provided by Plantd; (c) Ambassador’s performance under these Terms; or (d) Ambassador’s use of social in connection with the Ambassador Program.
LIMITATION OF LIABILITY. Plantd shall not be liable for any indirect, special, incidental, punitive, consequential, or exemplary damages arising from or relating to Ambassador’s participation in the Ambassador Program, regardless of the type of claim or if Plantd was advised of the possibility of such damages, including but not limited to lost profits, loss of revenue or anticipated profits or lost business. Plantd’s entire liability hereunder shall not exceed the total compensation paid by Plantd in the month prior to which the claim arose.
NO PARTNERSHIP WITH SOCIAL MEDIA CHANNELS. Plantd is in no way sponsored, endorsed, or administered by, or associated with any social media channels, including but not limited to Facebook, Instagram, X (formerly Twitter), and TikTok.
DISPUTE RESOLUTION. You agree that any dispute concerning, relating, arising out of or referring to the subject matter of these Terms shall be resolved exclusively by arbitration in the State of New Jersey. Plantd shall have the right to collect its reasonable costs and attorneys’ fees incurred in any action relating to a breach of this agreement or dispute concerning the event, including but not limited to, any fees and costs incurred in collecting any unpaid installments.
APPLICABLE LAW. The laws of the State of New Jersey shall govern this Agreement.
OTHER TERMS AND CONDITIONS. In addition to these Terms, Ambassador’s participation in the Ambassador Program, Ambassador is subject to Plantd App’s terms and conditions and privacy policy, and Social Ladder’s terms.
By participating in the Ambassador Program, you accept the terms set forth above, and agree to abide by applicable laws, rules, and regulations. Plantd reserves the right to update these Terms at any given time. Continued participation in the Ambassador Program constitutes Ambassador’s acceptance to any updates to these Terms.