Terms For Ambassador Program

Ambassador Marketing Agreement

Ambassador Marketing Agreement

This Ambassador Marketing Agreement ("Agreement") is entered into as of the date of registration ("Effective Date") by and between Pickleball Sun Tops, an Arizona corporation with its principal place of business at 28150 N Alma School Pkwy Suite 103-296, Scottsdale, AZ 85262, Maricopa County, Arizona, and the ambassador ("Ambassador") who has completed the registration process.

This Agreement shall commence on the Effective Date and remain in effect for 365 calendar days ("Initial Term"), unless terminated earlier in accordance with the terms of this Agreement. The Company reserves the right to terminate this Agreement at any time, with or without cause, by providing written notice to the Ambassador.

Ambassadors enrolled in the program will have access to a detailed breakdown of the available commission structures through their TrackDesk affiliate dashboard. The platform transparently displays the payout percentages and associated terms for each sale, allowing Ambassadors to track their earnings and performance in real-time. Upon signing up for the Ambassador program, this information becomes readily accessible, ensuring clarity and alignment with the program’s expectations

Either party may terminate this Agreement upon written notice to the other. Upon termination, the Ambassador must cease all promotional activities related to the Company's products and remove any associated materials. Commissions earned prior to termination will be paid out if the Ambassador's account balance meets the minimum payout threshold of $30. Balances below $30 at the time of termination will be forfeited, and no further payments will be made. Payments will only be issued once all customer payments associated with the Ambassador's referrals have cleared and the 30-day return period has expired.

The Company agrees to pay commissions on sales generated through the Ambassador's unique referral links. Commissions are issued twice a month, on the 15th and 30th of each calendar month. Payments are processed 31 days after the customer's payment clears and the 30-day return period has expired.

Commission Tiers:

1. Tier 1 (15%): Ambassadors earn a 15% commission on the net sale.

   • Net sale is defined as the invoice total minus sales tax, shipping, and promotional price reductions.
   • This tier applies to Ambassadors with monthly orders totaling less than $1,000 (based on the calendar month, not a rolling 30-day period).

2. Tier 2 (20%): Once a Tier 1 Ambassador exceeds $1,000 in total monthly orders, they are eligible for a 20% commission on net sales.

   • Net sale is calculated the same way as in Tier 1.
   • Eligibility for Tier 2 is subject to the discretion of Pickleball Sun Tops.

Payout Conditions:

• A minimum account balance of $30 is required for payouts. Balances below this threshold will roll over to the next payout cycle.
• Payments are made via Zelle.
• Commissions will be paid even if the Ambassador cancels the Agreement early or if the Agreement expires after the Initial Term, as long as all payout conditions are met.

The Ambassador agrees to promote the Company's products truthfully and ethically, maintaining integrity in all promotional activities. The Ambassador must comply with all applicable laws, regulations, and guidelines, including those related to advertising and marketing. The Ambassador is responsible for safeguarding their unique referral links and any confidential information provided by the Company.

The Ambassador is strictly prohibited from engaging in spam or unsolicited communications to promote the Company’s products. Misrepresentation or false claims about the Company’s products or services, misleading, deceptive, or unethical marketing practices, promotion of the Company’s products on illegal, inappropriate, or unapproved platforms, or activities that harm the reputation, goodwill, or business operations of the Company are prohibited. Violations of these provisions may result in immediate termination of the Agreement and forfeiture of unpaid commissions.

The Ambassador must adhere to the Company’s content guidelines, which include avoiding offensive, defamatory, or inappropriate content, ensuring all promotional materials reflect the Company’s branding accurately, and refraining from using copyrighted material without proper authorization. The Company reserves the right to review, approve, or reject any promotional content at its sole discretion. Content violations may result in termination of the Agreement.

The Company grants the Ambassador a non-exclusive, non-transferable license to use its trademarks, logos, and branding materials solely for the purpose of promoting the Company’s products. The Ambassador agrees not to alter, modify, or misuse any branding materials provided by the Company.

The Company shall not be liable for indirect, incidental, or consequential damages arising from the Ambassador’s participation in this Agreement. The Company’s total liability under this Agreement shall not exceed the commissions paid to the Ambassador in the preceding six months.

This Agreement shall be governed by and construed under the laws of the State of Arizona, without regard to conflict of law principles. Any disputes arising from this Agreement shall be resolved in the state or federal courts located in Maricopa County, Arizona.

The Ambassador agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising from the Ambassador’s promotion of the Company’s products or breach of this Agreement.

The Company reserves the right to modify or update this Agreement at any time. Ambassadors will be notified of any changes, and continued participation in the program constitutes acceptance of the revised terms.

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings related to the subject matter.

If any provision of this Agreement is determined to be invalid, unenforceable, or in conflict with applicable law, it shall be deemed severed. The remaining provisions shall remain fully enforceable. The Company reserves the right to replace any invalid provision with a valid one that aligns with the original intent and serves the Company’s interests.

Nothing in this Agreement creates a partnership, joint venture, or agency relationship between the Company and the Ambassador.

All notices under this Agreement shall be delivered in writing to the respective parties at their designated addresses or any updated address provided in writing.